COMMITTEE ON RIGHTS OF CHILD CONSIDERS INITIAL REPORT OF UNITED ARAB EMIRATES ON COMPLIANCE WITH CONVENTION

CRC
30th session
31 May 2002



Delegation Says UAE Spares No Efforts
to Promote Children's Rights



The Committee on the Rights of the Child today considered an initial report from the United Arab Emirates by questioning a Government delegation on issues such as corporal punishment; child camel jockeys; rights of migrant children; and rights of girls, among other things.
Introducing the report, Ahmed Al-Jarman, Director of the Legal Affairs Department of the Ministry of Foreign Affairs of the United Arab Emirates (UAE), said that his country spared no efforts, materially and morally, both at the national and international levels, to promote and protect the rights of children. He said that the Constitution affirmed that society should cater for the welfare of mothers and children and should protect minors and other persons who were unable to care for themselves.
Mr. Al-Jarman said that his country had a developed health system which was rated at a high level among countries of the region. The country considered health its top priority, particularly for mothers and children. According to the 1999 statistics, infant mortality rate for children under-five was 12.8 per thousand, he said.
In preliminary concluding remarks, Committee Expert Ghalia Mohd Bin Hamad Al-Thani said she was happy to hear from the delegation that the State party was willing to withdraw two of its five reservations on articles of the Convention. She said that it was important to have a clear conception of cooperation and coordination at all levels of the Government on child issues and to have one supervisory organ in order to ensure the equal treatment of children in all the states.
She also said the State party should cooperate and coordinate efforts with two other neighbouring States to resolve the problem of camel racing by children -- an allegation raised by a number of organizations.
The United Arab Emirates was also represented by Nasser Salman Al-Aboodi, Ambassador, Permanent Representative of the United Arab Emirates to the United Nations Office at Geneva; Ibrahim Al-Abid, Counsellor, Ministry of Information and Culture; Hajar Al-Howsani, Director of Central Maternal and Child Care Directorate, Ministry of Health; and Sheikha Mohammed Said Al-Mulla, Director of the Centre for the Promotion of Kindergartens, Ministry of Education and Youth.
Also, Rashid Sultan Al-Khadher, Head of the Legal Affairs Department, Nationality and Residence Affairs Directorate, Ministry of Interior; Moza Saif Al-Ameri, Child Welfare Department, Ministry of Labour and Social Affairs; Fatima Salim Al-Musharrakh, Department of Children's Cultural Centres, High Council for Children; Obeid Hamoud Al-Suwaidi, Third Secretary, Legal Affairs Department, Ministry of Foreign Affairs; and Mohammed Belhassen Benamara and Hamoud Naji Hizam, from the Permanent Mission of the UAE in Geneva.
The United Arab Emirates submitted its report in accordance with its obligations under the Convention on the Rights of the Child. The country is among 191 States parties to the Convention. The 11-member delegation was on hand to present the report and to answer questions raised by Committee Experts during two meetings today.
The Committee is expected to issue its concluding observations and recommendations on the report of the United Arab Emirates towards the end of its three-week session which will conclude on 7 June.
The Committee will resume its work at 10 a.m. on Monday, 3 June, when it is scheduled to begin its consideration of the initial report of St. Vincent and the Grenadines (document CRC/C/28/Add.18).

Report of the United Arab Emirates
The initial report of the United Arab Emirates (document CRC/C/78/Add.2) enumerates how the provisions of the Convention are implemented in the State party by citing Constitutional and other legislative provisions that are applicable in the promotion and protection of child rights. It also provides information on the roles and functions of each Ministry relating to activities in promoting children's rights. The report says that the United Arab Emirates is a federal State consisting of seven Emirates, with its capital in the city of Abu Dhabi. The State signed the Convention in 1996. The laws in force define the child as every human being below the age of 15 years and seek to uphold the rights of the child and to protect mothers and children in the State.
The report says that the Ministry of Health attaches special importance to preventive and public awareness programmes and has developed mother and child-oriented programmes to combat contagious, epidemic and endemic diseases. Since 99 per cent of births take place in hospitals and specialized clinics, newborn children are systematically registered by the registrars of the State's preventive health departments.
With regard to prevention of the consumption by children of alcoholic beverages, tobacco and other controlled substances, the report notes that the laws in force prohibit the production, importation and sale of alcoholic beverages, the acquisition of which is strictly limited to non-Muslim adults, who can obtain them, on presentation of a special permit, from licensed distributors. The State conducts intensive campaigns to combat smoking and levies high taxes on tobacco products.
Concerning education, the report says that the State accords high priority to all stages of education, which is compulsory at the primary stage and might also be made compulsory at the kindergarten stage. In the academic year 1997/98, the State's budgetary expenditure on education amounted to $ 1.22 billion. There are separate schools for boys and girls; education is free of charge and the schools provide the requisite books and stationary at nominal prices; and schools have been established in all urban and nomadic areas. In the academic year of 1996/97, the total number of schools amounted to 639, of which 285 were for boys, 273 for girls, and 81 were mixed; and the number of children attending primary schools amounted to 151,283, of whom 76,246 were male and 75,037 female. "This is a clear indicator of the lack of gender discrimination", the report says.

Presentation of Report
AHMED AL-JARMAN, Director of the Legal Affairs Department of the Ministry of Foreign Affairs of the United Arab Emirates (UAE), said that he regretted the delay in the submission of the initial report since the UAE had ratified the Convention in 1997. The Government had been putting in place all the necessary legislative measures pertaining to the implementation of the provisions of the Convention. It had also been carrying out consultations with the different agencies working with children.
The United Arab Emirates spared no efforts, materially and morally, both at the national and international levels, to promote and protect the rights of children, Mr. Al-Jarman said. Article 16 of the Constitution affirmed that society should cater for the welfare of mothers and children and should protect minors and other persons who were unable to care for themselves, including mothers and children. In the field of education, primary education had been made compulsory and free of charge.
Mr. Al-Jarman said that his country had a developed health system which was rated at a high level among countries of the region. The country considered health its top priority, particularly for mothers and children. According to the 1999 statistics, the infant mortality rate for children under-five was 12.8 per thousand.
In order to protect the rights of disabled children, an agency had been created at the federal level to facilitate their integration into the society, he continued. The Government was also issuing a law which would facilitate easy access by disabled persons to public buildings.
In 1995, the High Council for Mothers and Children had been created to elaborate coordinating mechanisms between the Government and the private sector, Mr. Al-Jarman continued to say. The Council had created an harmonious environment for children of the UAE.

Experts' Questions on General Measures of Implementation; Definition of the Child
An Expert said that the United Arab Emirates attached great importance to human rights; however, not all international treaties had been ratified. What steps were being taken to ratify the Optional Protocols to the Convention on the Rights of the Child? Although the State party had submitted supplementary information in the form of replies to written questions prepared by Committee Experts in advance, still other information was lacking.
With regard to reservations, the State had made reservations on articles 7, 14, 17 and 21 of the Convention, the Expert continued. However, some of the articles did not need reservations, such as article 21 on adoption. The Islamic Shari'a had its own form of adoption -- Kafala -- and the adoption of the article might not create any contradiction. She asked if equality of rights among children were respected by all the states under the Federation.
Another Expert said that he was happy that a committee had been established to see the flexible implementation of article 21 with regards to Islam and children. He asked if resources allocated to children were equitably distributed among the various state components of the Federation. Did the resources come from each state?
An Expert said that the police commission had created a human rights section and she wanted to know how it worked? There was not much information on non-governmental organizations (NGOs), however, there was an indication that 107 NGOs were operating in the country. Were they Islamic-oriented organizations? Did they have an umbrella organization? Were they freely operating within the states?
Other Committee Experts also asked questions on such issues as independent mechanisms for lodging child complaints; the number of complaints by children; the State's philosophy on the implementation of the Convention; harmonization of legislation; data collection on activities pertaining to children rights; and the role of social services in schools.

Response of the United Arab Emirates
In response to the questions and comments of the Committee Experts, the delegation said that there had been a need to make reservations on certain articles of the Convention. The State had made reservations on articles 7, 14, 17 and 21 of the Convention. Concerning article 7 on nationality, the Government was of the view that because of the numerous cases of children born from unknown parents in the country, it would not grant nationality to this group of children. With regard to article 21 on adoption, the reservation was made because of the Islamic Shari'a, which rejected adoption of children within the spirit of the Convention. Nevertheless, the Government would contemplate withdrawing its reservations partially or wholly.
The National Committee on Children was established on a temporary basis to implement the provisions of the Convention and to raise awareness on the rights of the children, the delegation said. The High Council for Children of Sharjah had been created for coordination of child rights within Sharjah state. The Council conducted a survey of the situation of children in the Emirate of Sharjah in order to determine the number of children in the state and to evaluate their situation.
With regard to the legal age of children, the delegation said that the legal age was fixed at 15 years for the purpose of labour, which prohibited the employment of children below that age. However, there was a law that treated anyone under 18 years as a child, in line with the international definition of the child. The minimum age of marriage for boys and girls was fixed at 18.
No cases of complaints by children had been brought before any courts, the delegation said. However, a committee would be established to deal with complaints. There were units that monitored the rights of children and they were also receiving complaints from children.
On the principle of justice and equality between foreigners and nationals, the delegation said there were a number of migrant workers invited to perform specific duties in the country. The Government had established schools and other institutions where migrant children were being educated in languages other than Arabic. The Government did not believe that there was preferential treatment between national and foreign children in health, education and other social services.
In addition, children in all the states enjoyed the same rights and there was no preferential treatment, the delegation said. Each state contributed 20 per cent of its resources to the federal system and in turn the resources were allocated to social services, including for the promotion of children rights. Whatever the relative wealth of each state, children in all states enjoyed the same rights.
Human rights teaching had been widely expanded throughout the Emirates, the delegation said, adding that the teachings had been integrated in the curricula and citizens were made aware of such teachings. In addition, the Government had been organizing seminars and symposia with the purpose of increasing public awareness on human rights, particularly the rights of children.
The delegation hoped that the Government would adhere to other international instruments in the near future; and in the meantime it was contributing a lot to the strengthening of human rights activities within the United Nations.

Questions on General Principles; Civil Rights and Freedoms; Family Environment
The Committee Experts continued to raise questions under the main subjects of the general principles; civil rights and freedoms; and family environment and alternative care.
An Expert recalled that all children had to be treated equally in accordance with the provisions of the Convention; however the situation of children born out of wedlock had been of concern because of the shame that afflicted them within the society. How was the situation in the UAE? Was this category of children treated equally with other children born to married parents? Did the Government take measures against corporal punishment?
An Expert asked if there was a contradiction between the modern way of life and the traditional one in the UAE. What was the role of the "marriage fund"?
What measures were taken with regard to violence against girls, particularly concerning circumcision and early marriages, an Expert asked. Were child girls allowed to decide their future -- to pursue their studies, who to marry, whether to have children?
Other Committee members also asked, among other things, about the rights of children of migrant workers; claims of children born out of wedlock towards their fathers; the social situation of a mother giving birth to a child from an "unknown" father; and school and medical fees for children of foreign origin.

Response of the United Arab Emirates
Responding to the issues raised by Committee Experts, the members of the UAE delegation said that the members of the Children's Parliament were recruited from schools or school councils. Since State officials were present in the "parliamentary" debate, some of the subjects were taken into consideration by the authorities.
With regard to corporal punishment, the delegation said that school directors and teachers were responsible for the disciplinary measures they applied without the use of corporal punishment. Some women's associations were also working towards the respect of the rights of the child and against the use of corporal punishment. The law prohibited the practice of corporal punishment.
In the Emirates, there was no contradiction between the modern and the traditional family systems. Since 1973, the Government had set up a "marriage fund" to encourage young persons to get married, the delegation said. Since more and more young people, particularly girls, were continuing their studies at the university level, the marriage age had increased to up to 25 years. The fund provided money for newly married couples as a sign of encouragement. However, no funds were given to marrying couples below the age of 18. The implementation of such measures was aimed at reducing the number of single women. Although medical examinations were not obligatory, they were encouraged to determine the existence of hereditary or other diseases that might affect the health of children.
The protection of children from being exposed to Internet messages was a difficult task within the context of the globalized world, the delegation said, adding that to master the information flow coming through cyber networks was also problematic for the authorities.
Concerning allegations that children were used as jockeys in camel racing, the delegation said that there was legislation prohibiting exploitation of or trafficking in children. Child labour was prohibited for those under the age of 15. There were races in which persons not lower than 45 kilograms were driving the camels, and they had to carry helmets. The races strictly followed the regulations governing that popular sport.
Reacting to the information on the camel races, an Expert said that it was reported that children aged 14 were used as jockeys and the situation needed a regional meetings of States that were involved in such practices to remove the problem.
The delegation said that certain abuses might have been committed in the past with regard to the use of child-jockeys; however, at present, rules and regulations had been put in place and abuses of the past were not being repeated.
The phenomenon of female excision did not exist in the UAE, the delegation said, adding that there was no discrimination between men and women. The State counted many high-level women officials both in the Government and diplomatic missions. Women were also engaged in business affairs like their male counterparts. The Government did not see any reason to allow discrimination against women or girls.
There were so far 4,700 cases of divorce which had been registered by the social security section, the delegation said. Mothers or fathers of Emirates citizens could receive social benefits together with their children.

Questions by Experts on Health and Welfare; Education; and Special Measures
The Committee Experts continued to raise questions under the remaining clusters of basic health and welfare; education and leisure, recreation and cultural activities; and special measures.
An Expert said that in the past, the questions had focused on nutrition but now the concern was about obesity. The country had invested a lot in upgrading its health system in order to provide quality health services. Did the Government also stress the importance of adolescent health?
Another Expert said that there were a number of cases of illegal residence in courts, which might suggest that the Government was applying a law to prosecute people; why was the number of cases of illegal residence so high?
How did the Government handle children with learning difficulties? Those children should be treated separately from those children with disabilities. What was the status of those children with learning difficulties?
Due to the lack of monitoring and supervision, private schools were not providing quality education that corresponded with the amount of fees they charged. What was the reason behind such failure by the private sector?
What measures were being taken to protect young citizens and foreigners from the practice of paedophilia, an Expert asked.

Response of the United Arab Emirates
The delegation said that the rate of breastfeeding was 90 per cent, and the Government encouraged this practice. The infant mortality rate was 8 to 10 per thousand; maternal mortality was considered to be nil; and health indicators in general were high, with much emphasis on adolescent health. The problem of obesity had been observed among young people, however, the rate was not yet established.
With regard to the issue of disabled children, the delegation said that the Government was dealing with three categories of children with disabilities. The severely handicapped children were placed in special schools while others were integrated into the normal school system.
Responding to a question on why the State did not accede to the 1960 Convention on Non-Discrimination in Education, the delegation said that already proposals for ratification had been submitted to the competent State authorities.
Concerning children repeating classes, special classes had been organized in the event that children repeated classes for more than once, the delegation said. The purpose of the special classes was to avoid the repeating children from attending the same class with younger children.
For a given period of time, religious courts -- Shari'a courts -- did examine criminal cases in the framework of cooperation with other courts, the delegation said. The laws at the Shari'a and federal courts were the same but the procedures were different. Lawyers were appointed to juveniles at the expense of the State. The investigating magistrate decided whether a case should go to court or not.
The illegal residence issue had to be resolved case by case, the delegation said. In 1997, the Government had attempted to resolve the problem by giving the choice to illegal residents either to leave the country or to regularize their situation by taking work contracts. Persons whose residence permits had expired were considered as illegal residents and as such they had to pay fines.
Fifty per cent of children had access to nurseries. The Government did not encourage the separation of mothers and children at a young age, the delegation said. For nurseries for children under 5 years, only women were allowed to care for the children and not men.
The Ministry of Education, through its special directorate on private schools, was responsible for the inspection of the private sector, the delegation said. Private schools used appropriate school facilities and their curricula was approved by the Ministry. Private teachers were screened by the Ministry before they were integrated into the private teaching system.
The system of nannies for children had prompted a question that children's time spent with their mothers was being curtailed and children had been asking to be more with their mothers, the delegation said.

Preliminary Concluding Remarks by Expert
GHALIA MOHD BIN HAMAD AL-THANI, Committee Expert, thanked the members of the delegation for the excellent dialogue they had established with the Committee. She said she could not tell what the Committee's concluding observations and recommendations would contain but surely they would focus on all the issues discussed today. She was happy to hear from the delegation that the State party was willing to withdraw two of its five reservations on articles of the Convention.
Ms. Al-Thani said that it was important to have a clear conception of cooperation and coordination at all levels of the Government on child issues, and to have one supervisory organ in order to ensure the equal treatment of children in all the states. The issue of a children's parliament was a pioneering idea for a country like the United Arab Emirates.
She said that she was happy to receive information that positive steps had been taken with regard to handicapped children; further measures should also be taken to ensure equality between boys and girls. She said the State party should cooperate and coordinate efforts with two neighbouring States to resolve the problem of camel racing by children -- an allegation made by a number of organizations.

Concluding Remark by Delegation
AHMED AL-JARMAN (the United Arab Emirates) said that his delegation's first experience with the Committee had been a good one and his Government was willing to provide further information as required. He said the Government would work day and night to find solutions to all problems pertaining to the rights of children.



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