Committee on the Rights of the Child examines report of the United Arab Emirates

15 September 2015

The Committee on the Rights of the Child today concluded its consideration of the second periodic report of the United Arab Emirates on its implementation of the provisions of the Convention on the Rights of the Child.

Presenting the report, Hussain Saeed Al Shaikh, Assistant Undersecretary of Social Care, said that the United Arab Emirates continued to strengthen the protection of the rights of the child by enacting national legislation and updating strategies. A national strategy to ensure mother and child wellbeing in line with the Convention had been developed. It included protection, participation and development of children and aimed to protect children from all forms of violence and mistreatment. Since its foundation, the country had worked tirelessly to invest in human beings through allocating funds for State programmes, whilst recognizing the key role of international cooperation to deliver quality work.

During the interactive dialogue, Committee Experts acknowledged the United Arab Emirates’ significant efforts in establishing a committee under the Convention on the Rights of the Child; however, significant gaps in information relating to rights such as non-discrimination and protection from economic exploitation remained. Experts inquired about data collection systems and cooperation with civil society, the definition of the child and non-discrimination, and discussed strengthening efforts in the area of adolescent health and education, and special measures of protection. The narrow interpretations of Islamic texts, particularly in the areas relating to the personal status law, might impede the enjoyment of some human rights protected under the Convention. Experts were concerned about the lack of information on the allocation of resources for the implementation of all rights, the absence of an independent mechanism to monitor and evaluate the progress in the implementation of the Convention, and that access to free education was only guaranteed to Emirati children.

In concluding remarks, an expert and the Chairperson of the Committee welcomed the progress made by the United Arab Emirates, and stated that they looked forward to receiving the third periodic report of the State party.

The delegation of the United Arab Emirates included representatives from the Ministry of Social Affairs, Ministry of Foreign Affairs, Ministry of the Interior, Supreme Council for Motherhood and Childhood and the Permanent Mission of the United Arab Emirates to the United Nations Office at Geneva.

The Committee will issue its concluding observations and recommendations on the report of the United Arab Emirates at the end of the session, on Friday, 2 October 2015. The next public meeting of the Committee will take place at 3 p.m. this afternoon, when it will begin the consideration of the fifth periodic report of Bangladesh (CRC/C/BGD/5).

Report

The second periodic report of the United Arab Emirates is available here.

Presentation of the Report

HUSSAIN SAEED AL SHAIKH, Assistant Undersecretary of Social Care Affairs, said that a wide range of people had taken part in drafting the report dealing with the rights of the child. The United Arab Emirates had complied with the provisions of the Convention on the Rights of the Child since joining the Convention on 15 December 1996, and had become successful in developing and implementing relevant policies and programmes. Since its foundation in 1971, the country had worked tirelessly to invest in human beings through allocating funds and programmes under the motto of “We wish to be among the best of the world”. The Government had provided one of the best education and health care systems in the world. The 2011 Human Development Report published by the United Nations Development Programme had given the State a positive ranking, placing it in the thirtieth position out of the 187 States covered by the report and the first among the Arab States. The report showed that the State had achieved real progress in respecting the Human Development Index’s measure of gender equality, obtaining the thirty-eighth place worldwide in respect of the Women’s Empowerment Index. Further, the country had worked hard towards achieving the Millennium Development Goals, making progress in reducing poverty and deprivation, as well as reducing the mortality rate among new-borns and children under the age of five.

In order to achieve further economic and social development, as well as to guarantee promotion and protection of human rights, the United Arab Emirates recognized the key role of international cooperation. In terms of ensuring human rights and fundamental freedoms, Mr. Al Shaikh noted that it was an ongoing process, underlining that the Government had strengthened the work of national institutions in cooperation with all relevant partners. The Ministry of Social Affairs had also developed a national strategy to ensure mother and child wellbeing in line with the Convention, particularly in the protection, participation and development of children. In that regard, decision makers in the country had targeted to protect children from all forms of violence and to ensure that current measures were implemented to eliminate any kind of mistreatment. For instance, the Ministry had set up a campaign called “Together against children’s mistreatment”, which aimed at educating parents and teachers. In conclusion, Mr. Al Shaikh stated that the country was very committed and proud to deliver quality work, and it would continue to promote and protect the values and the rights of children.

Questions by Experts

AMAL SALMAN ALDOSERI, Committee Vice-Chairperson and the Country Rapporteur for the United Arab Emirates, welcomed the adoption of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in July 2012, and the Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in 2009. She asked what prevented the State Party from ratifying any of the three Optional Protocols to the Convention on the Rights of the Child. As the State Party had submitted the second periodic report with considerable delay, the Country Rapporteur suggested that the country should speed up the process in order to make progress. Turning to the data collection on children, and dissemination information to the society, she asked about the current data collection system and measures taken to ensure the transparency.

With regards to the awareness raising about the Convention, there was a concern about a very limited number of non-governmental organizations working specifically in the field of children’s rights. Ms. Aldoseri asked about regular consultations with all relevant partners including civil society organizations and the United Nations agencies, and how many local civil society organizations worked on the issue of children’s rights.

Other Experts said the Federal Penal Code was not very clear in addressing the issue of child abuse, and asked about current laws aiming at prohibiting violence against children under the child and family law as it was not compatible with the international law. What independent monitoring system was available if children’s rights were violated, and which institution was responsible for ensuring the independent judicial mechanism?

One Expert welcomed the recent developments in granting nationality to children of female Emirati citizens and foreign fathers upon reaching the age of 18 years, and asked about current laws regularizing the birth registration, name and nationality, out-of-wedlock pregnancy, and the situation of stateless children.

Replies by the Delegation

The delegation explained that the State party had not yet signed any of the Optional Protocols as it had to comply with the national ratification process, which included several stages. With regard to withdrawing all its reservations, the delegation stated that the country was reviewing Articles 7 and 21 to the Convention in the light of new laws. The Government might be withdrawing its reservation to Article 7.

Over the previous three years, the national identification system had been created, enabling the Government to access relevant information through an electronic file system. There were several laws which ensured children’s rights including the law on birth registration, compulsory education, protecting children against violence, and persons with disabilities. The Supreme Council for Motherhood and Child had been working with the United Nations Children’s Fund in compiling data on child protection and children’s standards of living.

Turning to awareness raising on the rights of the child, the delegation explained that there had been a number of initiatives launched by the Ministry of Justice accessible on its website. The Ministry of Education had provided several trainings and workshops to teachers within the context of the “Know Your Rights” campaign. Regarding the relationship with partners, a delegate noted that there had been an excellent relationship between his country and civil society organizations, United Nations agencies, and national actors. For instance, the United Nations High Commissioner for Refugees and the United Arab Emirates had been working together to mitigate the sufferings of refugees, especially children. Also, there had been several reports and stories, published by civil society organizations, targeting awareness raising for children.

Follow-Up Questions by Experts

An Expert expressed concern that the definition of the child in some laws did not comply with the Article 1 of the Convention, and that a girl was defined as a child until she completed her education, and as long as she remained unmarried and unemployed. Another Expert was concerned that persons under 18 might be prosecuted for crimes in the same manner as adults, and subjected to the same penalties as adults.

Experts asked the delegation about the measures taken to prevent sexual abuse and exploitation of children, and underlined the need to bring penetrators to justice and to ensure the physical and mental recovery, as well as the social reintegration of child victims. They congratulated United Arab Emirates for the establishment of schools in the rural and remote areas of the country and asked if the primary education was mandatory and free for all children.

The delegation was asked about the specific role of civil society in the preparation of the current report, how many children with disabilities attended school, how many were out of school and if they could fully exercise their right to education.

Replies by the Delegation

In 2014, the Abu Dhabi police command had launched the strategic initiative ADP-1/I-29 with a view to ensuring the protection of children and the thorough investigation of cases of child abuse. The initiative had included establishing a system for the monitoring and surveillance of persons who posed a threat to children, and compiling a database on cases of child abuse. Anybody threatening the state security was penalized, but the legal system clearly stated that innocent people could not be penalized. The death penalty was not applied on young people under the age of 18 who committed a crime.

The Supreme Council was drawing up a priority-based plan of action to ensure that children with disabilities enjoyed all their rights, including integration in society and in mainstream schools. The Council was also working to improve the existing systems in the lights of the best available international practices. The project was being implemented in collaboration with the Ministries and bodies concerned with children with disabilities in the United Arab Emirates. The Federal Juvenile Justice Bill was designed to ensure the protection and care of juveniles by providing legal protection to safeguard their interests in all court proceedings, legislative and administrative procedures and measures.

Turning to the issue of inheritance, it was stated that in Islamic countries, the legal system was based on the Sharia law. Civil code and procedures gave priority to males in the laws. Despite the fact that males were the ones responsible to financially look after the family, women were considered as independent in social life. To best understand the sharing between men and women, one had to be very familiar with the precepts of the Islamic law.

Follow-up Questions by Experts
Committee Experts were concerned that judges considered underage marriage as being in the best interest of the girl child, noting that such practice revealed a misunderstanding of the concept of the “best interests” and led to multiple violations of girls’ rights. The United Arab Emirates had reassured the Committee regarding the custody of children based on the best interest of the child, they said and expressed hope that the national law would comply with the Convention and the international practice. The existing legislation of the State party authorized men to use violence against their wives and children and contained provisions for perpetrators of crimes to escape punishment if “performed in good faith”.

The delegation was asked about the reasons for which it had placed a reservation to the Article 17, the measures taken to ensure the legal prohibition of the recruitment of children as domestic workers, and about strategy to fight child pornography and the measures taken in this regard.

Replies by the Delegation

The delegation explained that there was no proof that cases of underage marriage had increased. Article 30 of the Federal Personal Status Act N° 28 of 2005 clearly stated that eligibility for marriage was determined by the soundness of mind and maturity. The age of maturity was set as 18 in the country. A person under that age who had attained maturity might marry only with the permission of a judge if the marriage would be in the said person’s interests. The regulations of the Ministry of Justice clearly prohibited marriage officers to give marriage licences to girls and boys under 18 years old.

All measures had been adopted to provide special protection to children, including the protection from trafficking. The Federal Act N°51 of 2006 on combatting human trafficking defined such an act as the recruitment, transfer, removal or receiving of persons by means of the threat of the use of force or any other form of coercion. Also, Article 13 of the Federal Act N°1 of 2015 amended the previous act, defining the functions of the National Committee to Combat Human Trafficking. The same article also included measures to protect victims of trafficking, ensuring that the necessary protection for victims and witnesses was in accordance with international requirements.

On the registration of children, it was explained that the President had issued a decree in November 2011, granting nationality to children of female Emirati citizens and foreign fathers upon reaching the age of 18 years. Furthermore, the Government had launched a nation-wide registration campaign for stateless persons. Responding to the questions on combatting economic exploitation of child labour, the delegation stated that the employment of children was prohibited under the age of 15 and that the Ministry of the Interior worked to fulfil the State’s international obligations under the human rights instruments. Reports by the United Nations Educational, Scientific and Cultural Organization stated that the issue of camel racing in the United Arab Emirates had been definitely closed. Also, in coordination with the United Nations Children’s Fund, a certain amount of money had been paid directly to the family of children in camel racing. When the Special Rapporteur on the sale of children Najat el Maalla M’jid had visited the United Arab Emirates in October 2009, she had reported that the State party had closed the camel racing once and for all.

On the custody and domestic violence, the delegation said that women could go to courts to solve the issue. The law prohibited all sorts of violence by a husband against his wife. The criminal code was clear that domestic violence against women and children would be punished. The law also stated that in case of lack of support and maintenance, women could file for a divorce, providing the proof.

Follow-up Questions

An Expert encouraged the State party to ratify the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict.

Committee Experts said that there was insufficient information available on the adolescent health and abortion, such as access to reproductive health services and mental health counselling services, and asked under what condition the abortion was allowed to the girl child. The United Arab Emirates had adopted a law in February 2014 making a duty for mothers to breastfeed their children until the age of two, and potentially facing punishment for not doing so, Experts said and asked the delegation to clarify the issue and to inform on the breastfeeding substitute products provided to families.

On the subject of statelessness and nationality, an Expert said that the law did not grant citizenship status to children of women citizens of the Emirates married to non-nationals, and asked how the country ensured the right of a child to a nationality without discriminating on the basis of his or her parent’s sex. Another Expert said that there had been updates to the current law, and asked about the challenges faced by the Government.

Noting the increasing number of refugees in the region, an Expert inquired how the United Arab Emirates ensured the promotion and protection of the rights of those children, and its cooperation with the United Nations High Commissioner for Refugees.

Replies by the Delegation

The Council of Ministers had approved the Optional Protocol to the Convention on the Rights of the Child on the sale of children, while the Optional Protocol on the involvement of children in armed conflict was under consideration. The United Arab Emirates had joined the Virtual Global Taskforce which had been established to protect children from online pornography and to enable them to use modern technologies in a safe manner without being exposed to risks and dangers. The country would be hosting a Summit related to the issue with the view of eliminating child pornography, and would show its commitment to address the issue with the participation of countries from all over the world. The possession and dissemination of pornography was completely prohibited under the current informational technology law. There was no law forcing the mother to breastfeed her child. Kindergartens provided day care and early education and the Government had set a number of standards for quality services provided to children. “High quality” was a matter of social responsibility towards the parents and an important value added to the community. Abortion was not a sole decision of the mother. It could be practised only under certain health conditions.

Turning to the sexual exploitation and abuse of children, it was explained that the United Arab Emirates strongly opposed all forms of human exploitation for sexual or other purposes. Its strategy focused on developing legislation on combatting such acts, enabling all relevant authorities to take measures to deter and prevent it, and protecting and supporting its victims. The Federal Act on combatting human trafficking offenses was the first of its kind in the Arab world, imposing strong penalties on perpetrators of such acts.

Regarding the marketing of breastfeeding substitutes in the United Arab Emirates, the delegation noted that all products were subject to monitoring, and were in line with the international standards. Further, there was a central consumer protection body in the country to check the product quality. If the quality standards were not met, the body withdrew such concerning products from the market. Verbal and physical punishment in schools was prohibited by the Ministry of Education Order N° 454/2 of 1998, which regulated students’ behaviour at school premises. The Supreme Council for Motherhood and Childhood was also working with all relevant partners to ensure a safe school environment for children. However, the corporal punishment did not cover other cases besides ‘education’. Persons with disabilities were provided with various opportunities, including medical, psychological and social treatment and care, education, and the acquisition of knowledge in mainstream schools without discrimination. There were no asylum-seekers or refugees in the United Arab Emirates, which was blessed with security and maintained peace with its surroundings. The country was not a party to the United Nations Convention relating to the Status of Refugees.

Concluding Remarks

BENYAM DAWIT MEYMUR, Chairperson of the Committee, said that he looked forward to receiving the third periodic report, and sent his best wishes to the children of the United Arab Emirates.

An Expert welcomed the progress made by the State party and encouraged the State party to take further steps to ensure the promotion and protection of children rights in the United Arab Emirates.

A delegate thanked the Committee for the quality debate, especially the questions and recommendations given by the Experts.
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