Country Report on Human Rights Practices for 1988
UNITED ARAB EMIRATES
The United Arab Emirates (UAE) is a federation of seven
emirates, each of which retains extensive control over such
vital matters as economic policy (including oil), internal
security, and some aspects of defense. There are no popular
elections, either local or federal. Instead, emirate rulers*
legitimacy is grounded in longstanding tribal tradition. The
seven emirate rulers comprise a Federal Supreme Council which,
in theory, is the UAE ' s highest legislative and executive body
but which seldom meets. In practice, the legislative and
executive work trickles down to the various emirates and the
more active federal ministries. The Supreme Council selects a
president and vice president from its membership; each serves
a 5-year term. The president appoints a prime minister and a
cabinet. A Federal National Council of 40 members, appointed
by the emirate rulers, offers the Federal Government
nonbinding advice on legislation and reviews government
operations.
Some of the individual emirates maintain independent internal
security organizations, which concentrate mainly on
antiterror ist activity.
The economy is based on oil and gas production, which has made
the UAE's per capita income one of the world's highest,
despite the recent decline in oil prices. A small citizen
population controls the country's economic life but depends
heavily on a much larger contingent of foreigners to provide
manual labor and technical skills. These foreigners have
virtually no political role.
There was no significant change in the human rights situation
in 1988. The ruling families of the individual emirates and
their allies continued to play the dominant political role,
and there was no discernible movement to extend the boundaries
of formal political participation.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
No political killings were reported.
b. Disappearance
No political disappearances were reported.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Constitution prohibits torture or degrading treatment of
any person, and the physical or moral abuse of an accused
person. No instances of torture were reported in 1988.
However, Amnesty International (AI), in its annual report
covering 1987, noted that it had received allegations that
several people were detained without trial and that some of
them were tortured. A number of these persons were Iraqi
citizens, members of the UAE's large expatriate community.
There is no evidence that the authorities condone mistreatment
of prisoners.
There were no instances of the amputation of a hand for theft
or stoning for adultery under the system of Shari'a law, which
is still an integral part of the judicial system.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arrest, search, detention, or
imprisonment except in accordance with the law, and the laws
of each emirate prohibit arrest or search without probable
cause. By law, the police must report any arrest to a judge
within 48 hours for his determination whether to charge,
release, or, with sufficient police justification, allow
limited further detention pending an investigation. Prolonged
detention without charge is rare. Once charged, suspects come
to trial expeditiously. In 1988 there were no reported
instances of preventive detention. However, in its 1988
Report, AI cites several instances of incommunicado
detention. Consular access to imprisoned foreign nationals is
permitted, although it is sometimes delayed.
The Constitution prohibits the exile of citizens. Noncitizens
convicted of crimes are subject to deportation.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The UAE has a dual system of Shari'a (clerical) and lay
courts, each of which deals with both criminal and civil
cases. The Shari'a courts are administered by each emirate,
but the lay courts are usually part of the federal system and
are answerable to the Federal Supreme Court in Abu Dhabi.
However, Dubai's and two other smaller emirates' civil court
systems are independent of the federal system. Each court
system has a multilevel appeals process. Either the plaintiff
or the nature of the case determines which court system hears
a particular case.
Legal counsel is readily available and permitted to represent
a defendant in both court systems. The court may appoint
legal counsel if counsel agrees to provide services free; no
system of state payment of public defenders exists. However,
the losing party may be required to pay the winner's legal
fees .
There are no jury trials. All cases, except national security
cases and those deemed by the judge likely to upset public
morality, are open to the public. Most judges are foreign
nationals, primarily from other Arab countries. There has
been no evidence in at least the past 3 years of rulers
interfering in the judicial process. The court system is
generally regarded as fair and its judgments well considered.
There is no separate national security court system.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution prohibits entry into homes without the
owner's permission, except in accordance with the law.
Although the police can enter homes without a warrant and
without demonstrating probable cause in advance, an officer is
answerable if he abuses his authority in doing so. Anyone
other than a police officer must have a court order to enter a
private home. Local custom and practice place a high value on
privacy, and violations are rare. Surveillance of private
correspondence is not practiced. Except for rare instances
involving national security, no cases of arbitrary
interference with privacy have been reported in recent years.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
UAE citizens are constitutionally assured freedom of speech.
In practice, however, most inhabitants, especially foreign
nationals, are circumspect in public discussions of sensitive
political topics. Although many of the local English- and
Arabic-language newspapers are privately owned, all but one
receive government subsidies. The press operates under a law
which codifies the powers of censorship and media closure, and
it generally adheres to reporting guidelines.
These regulations, along with self-censorship by journalists,
make official censorship rare. Local newspapers are normally
cautious in reporting on government policy, the ruling
families, national security, and relations with neighboring
states.
The censorship department of the Ministry of Information and
Culture scrutinizes all imported newspapers, periodicals,
films, and videos, and bans items considered pornographic,
violent, derogatory to Islam, favorable to Israel, unduly
critical of friendly countries, or critical of the Government
or the ruling families.
The Ministry of Information and Culture and some emirate
governments own radio and television stations, and assure that
programs and news reporting are in conformity with the
standards imposed on the other media.
b. Freedom of Peaceful Assembly and Association
Organized public gatherings require a government permit. In
practice, public gatherings are rare. Political parties are
prohibited. The citizen population normally confines its
political discussion and debate to the numerous "assemblies,"
held in private homes, which are a local tradition. There are
no restrictions on the formation of private associations.
For a discussion of freedom of association as it applies to
labor unions, see Section 6a.
c. Freedom of Religion
Islam is the official religion. Non-Muslims are free to
practice their religion but may not publicly proselytize or
distribute religious literature. Foreign clergymen are
allowed to minister to expatriate congregations.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
There are no restrictions on freedom of movement or relocation
within the country except for security areas such as defense
and oil installations. Unrestricted foreign travel and
emigration are permitted to citizens. Exit visas are not
required. The right of return is extended to all citizens.
There are no known instances of revocation of citizenship for
political reasons.
The UAE and its member emirates have long accepted groups of
displaced persons, such as Palestinians, and those attracted
by economic opportunity, such as Iranians. Although lacking a
formalized procedure for accepting refugees, the UAE has
occasionally granted Iranians refuge if they could demonstrate
that they would face persecution in Iran. The UAE in some
instances has also helped both Iranians and Iraqis obtain
asylum in third countries through the United Nations High
Commissioner for Refugees. However, most Iranians, if
intercepted attempting to enter the country illegally, are
turned back.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The UAE has no formal democratic institutions. Most of its
citizens have little or no say in the choice of leaders or
form of government. The bulk of executive and legislative
power is in the hands of the seven emirate rulers, their
families, and those individuals and families to whom they are
allied by historical ties, marriage, or common interest.
These emirate political leaders constitute the dominant
political force at the national level, especially through
their use of power in the Supreme Council of emirate rulers.
The positions and powers of individual rulers are determined
by traditional concepts of authority rather than
constitutional prescription. Although the rulers and ruling
families are presumed to have the right to rule, their
incumbency ultimately depends on the quality of their
leadership and responsiveness to their subjects' needs. Some
emirate rulers are accessible, in varying degree, to common
subjects who have a problem or request. The choice of a new
ruler falls to the ruling family, which is supposed to choose
its most capable and respected eligible member. In practice,
to avoid violent succession disputes which were common in the
past, primogeniture has become increasingly common.
The political dominance of the ruling families is intertwined
with their substantial involvement and influence in economic
life. The ruling families and their close allies control and
profit from petroleum production and, with important merchant
families, have a major stake in the UAE ' s commercial life.
With few exceptions, the large foreign community and women
have no political role.
In 1988 there was little indication of movement toward more
democratic institutions.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The UAE has been responsive to foreign criticism of its human
rights situation. For example, it has improved its labor laws
in response to criticism that low-paid foreign workers were
being mistreated. The UAE has no internal groups which
monitor human rights. No outside human rights group visited
the UAE in 1988.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Traditional attitudes about women's roles and the frequency of
early marriage still limit women's educational and employment
opportunities. However, women's education is advancing
rapidly (females routinely outscore males in many subjects at
all levels), and females now outnumber males at the UAE
National University. The new medical school's 1988 entering
class has more women than men. Women still rarely study
outside the UAE. Opportunities for women are also growing in
government service and the media, in addition to the more
traditional fields of education and health.
Since foreign workers can stay in the UAE only with the
continuing approval of the Government and would probably face
unemployment or lower wages in their country of origin, they
are occasionally abused or exploited by employers who take
advantage of their reluctance to protest. The Government has
taken steps to improve the labor law covering conditions of
employment, compensation, inspection of the workplace, and
enforcement procedures. Foreign embassies can and do raise
with UAE officials issues of working conditions for their
nationals.
Legislation which would limit the marriage of UAE citizens to
foreigners is under consideration, and, even at present, only
marriage to a UAE male confers citizenship. Although many
foreigners have lived in the UAE for years and have held
highly responsible positions, few have been granted
citizenship.
Section 6 Worker Rights
a. The Right of Association
There is no legal provision for the right of workers to
organize unions, or to strike. Foreign workers attempting to
strike almost certainly would be deported.
b. The Right to Organize and Bargain Collectively
There is no legal provision for the right of workers to engage
in collective bargaining. For the resolution of
work-relateddisputes , workers have access to conciliation
committees, organized by the Ministry of Labor and Social
Affairs, and to special labor courts.
c. Prohibition of Forced or Compulsory Labor
There is no forced or compulsory labor in the UAE.
d. Minimum Age for Employment of Children
Labor regulations prohibit employment of youths below age 18
and restrict hours of work to 8 hours per day, 6 days per
week. Since the children of UAE nationals have little
incentive to work and only adult foreign workers are allowed
in the country, there is virtually no child labor.
e. Acceptable Conditions of Work
Foreign nationals from Pakistan, India, the Philippines and
Sri Lanka continue to seek work in the UAE in large numbers
because wages are far higher than in their own countries.
There is no minimum wage, and foreign workers' salaries often
are inadeguate to meet the cost of housing and other amenities
at prevailing UAE standards. Most foreign workers remit as
much of their salaries as possible to their families in their
home countries. The pool of foreign workers, most of them
actively recruited from abroad, meets the demand in the UAE
for domestic and service workers and manual laborers.
UAE law provides for a minimum of 24 days per year of annual
leave plus 10 national and religious holidays. Though not a
legal requirement, it is common practice for employers to give
as a fringe benefit an annual round-trip airplane ticket for
the employee to return home. A foreign worker must get
permission from the previous employer to move to a new job
with a different employer. The Government has adopted minimal
occupational safety standards, but these are not strictly
enforced
