UAE: 2004 TRAFFICKING IN PERSONS REPORT

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UNCLAS SECTION 01 OF 27 ABU DHABI 000684

SIPDIS

SENSITIVE

DEPT FOR G, G/TIP, INL, DRL, PRM, IWI, NEA/RA AND

NEA/ARP

DEPT - PLEASE PASS TO USAID

DEPT - PLEASE PASS TO ALNED AND CISC COLLECTIVES

E.O. 12958: N/A

TAGS: KCRM, PHUM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB,

PREL, TC

SUBJECT: UAE: 2004 TRAFFICKING IN PERSONS REPORT

REF: (A) STATE 7869 (B) 03 BAKU 390 (C) 03 ABU DHABI

2335

THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED, PLEASE

PROTECT ACCORDINGLY.

1. Embassy point of contact on Trafficking in Persons

(TIP) is PolOff Susan Raddant, office: 971-2-414-2621,

fax: 971-2-414-2639; unclass email:

raddantsk@state.gov.

2. OMB Reporting Requirements: One FS-04 officer

spent approximately 70 hours preparing for and writing

the report. One FS-03 officer spent approximately 5

hours reviewing and clearing the report. Two FS-02

officers spent approximately two hours reviewing and

clearing the report. One FS-01 officer spent

approximately two hours reviewing and clearing the

report.

3. Following is Post's submission of the 2004

Trafficking in Persons Report for the United Arab

Emirates, covering the reporting period of March 2003

through March 2004.

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4. OVERVIEW OF ACTIVITIES TO ELIMINATE TIP

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-- A. Is the UAE a country of origin, transit or

destination for international trafficked men, women,

or children? Does trafficking occur within the UAE's

borders? Does it occur in territory outside of the

government's control? Are any estimates or reliable

numbers available as to the extent or magnitude of the

problem? What are the sources of available

information on TIP? How reliable are the numbers and

these sources? Are certain groups of persons more at

risk of being trafficked?

The UAE is a destination country for internationally

trafficked persons. Trafficking does not occur

within the UAE's borders. There is no UAE territory

outside of the government's control.

There are no verified numbers available as to the

extent of the problem over the reporting period.

There are widely varying reports, primarily by NGOs,

/>that estimate the number of people trafficked to the

UAE from a few hundred up to thousands annually.

However, these estimates rely primarily on research

conducted in source countries or by other

organizations outside the UAE, which rely heavily on

surveys and interviews and unverifiable anecdotal

evidence. These reports also tend to reflect

estimates of the number of victims trafficked to the

UAE over a number of years rather than specifically

over the latest reporting period. While these

estimates and anecdotal reports are useful in

generally defining the problem, they are less useful

in determining a reliable statistical range

reflecting the true number of persons trafficked to

the UAE during the current reporting period.

Groups of persons that have been historically at risk

of being trafficked to the UAE are boys, primarily

from South Asia, for use as camel jockeys, and women,

primarily from CIS countries, for the purposes of

prostitution. However, since the September 2002 ban

on the use of underage foreign boys as camel jockeys,

there have been numerous reports from NGOs and source

country representatives stating that this practice is

diminishing rapidly. Further, boys already in the

UAE working as camel jockeys have been returning to

their homes, with assistance from the UAEG, source

country embassies and consulates, and NGOs. The

Pakistani Mission to the UAE has reported that at

least 125 boys were located and humanely repatriated,

at UAEG expense, in 2003. Similarly, the Bangladeshi

Mission to the UAE has reported that between 120 -

150 boys were repatriated in 2003.

The UAEG has reported that the practice of performing

DNA tests on potential camel jockeys and the

"parents" bringing them into the country prevented 47

boys from being trafficked into the UAE in 2003.

Source country representatives have stated that the

"word is out" in their countries that it has become

extremely difficult for boys under the age of 15 to

enter the UAE and work as camel jockeys. As a

result, they, as well as the UAEG, claim that

attempts to bring the boys to the UAE have

dramatically diminished or stopped altogether.

Historically, child camel jockeys came to the UAE

either with their parents because of dire economic

conditions back home, or were sold by their families

to unscrupulous middlemen from the source countries

who arranged for their travel to the UAE. There are

no reliable statistics as to how many boys were

kidnapped and trafficked here without the knowledge

and consent of their families. However, unofficial

reports here estimate that these cases are the

exception rather than the rule. There are no reports

of how many underage camel jockeys remain in the UAE.

However, new regulations require medical testing and

clearance from a board that issues identification

cards for every jockey. The Camel Racing Federation

employs inspectors who monitor every race to ensure

that all jockeys display valid identification cards.

Jockeys who do not possess valid identification cards

are not allowed to race. PolOff witnessed at two

camel races that the jockeys were displaying their ID

cards prominently throughout both races. Therefore,

all the above steps taken over the reporting year

appear to have reduced or eliminated the demand for

importing young foreign boys into the UAE to work as

camel jockeys.

There are no reliable statistics or estimates of how

many prostitutes currently work in the UAE (primarily

in Dubai, with significantly fewer numbers in Abu

Dhabi and the Northern Emirates),or how many women

were trafficked into or chose to enter the UAE for

the purposes of prostitution in 2003. Casual

observation and anecdotal information suggests that

the total number of prostitutes working in the UAE is

over a thousand, but almost certainly less than two

or three thousand. Many women currently or formerly

engaged in prostitution here admit to voluntarily

traveling to and from the UAE for temporary stays,

during which time they engaged in prostitution and

possibly other activities connected with organized

crime. These women are primarily from CIS countries,

although some women originate from other Arab

countries, South and Southeast Asia, China, and some

African countries.

Women have reported that they engaged in prostitution

in the UAE due to extreme economic hardship in their

own countries, and they often used smugglers and

false documents to gain entry into the UAE. Police

have reported a number of cases when women have

returned to the UAE multiple times with false

documents after having been deported from the UAE for

prostitution. There are some reports, primarily

anecdotal, of women coming to the UAE after being

promised legitimate jobs, only to find that the work

never existed; instead, they were forced to work as

prostitutes, sometimes under horrific conditions.

However, many reports from law enforcement and other

subject matter experts, some NGOs, and statements

from the women themselves, indicate that many

prostitutes knowingly came here to work in this

field, and stayed of their own volition. There are

no statistics or estimates that indicate how many

women engaging in prostitution in the UAE were

trafficked here.

-- B. Where are the persons trafficked from? Where

are the persons trafficked to?

Boys trafficked to the UAE to work as camel jockeys

originated primarily from South Asia, namely, Pakistan

and Bangladesh.

NGOs and IGOs report that women who have traveled to

the UAE for purposes of prostitution originate

primarily from countries in Central Asia and Eastern

Europe, namely, Russia, Ukraine, the Kyrgyz Republic,

Azerbaijan, Kazakhstan, Armenia, Uzbekistan, and

Moldova. There are reports that a smaller number of

women originate from other Arab countries, a few

African countries, Iran, South and Southeast Asia,

and, increasingly, from China. As noted in paragraph

4A above, there are no verified statistics as to how

many women traveling to the UAE in 2003 for purposes

of prostitution are trafficking victims as opposed to

"irregular economic immigrants," as defined by the

International Organization for Migration (IOM) (see

ref. B).

There are no reports of people being trafficked from

the UAE.

-- C. Have there been any changes in the direction or

extent of trafficking?

Since research and verifiable statistics on the issue

of trafficking in persons to the UAE is limited, it is

difficult to follow the changes in the direction or

extent of trafficking to the UAE. Because there is no

reliable baseline of information on trafficking in

persons to the UAE, reports published over the past

several years in source countries and interested third

countries help to shed light on the overall scope of

the problem, but are of little value in determining

whether there have been any significant changes in the

direction or extent of trafficking to the UAE over the

reporting year.

The major exception to this lack of reliable

statistics is in the area of camel jockeys. There are

reports from source country missions and NGOs stating

that, since the 2002 camel jockey ban was implemented,

trafficking of young boys from South Asia to work as

camel jockeys has dramatically decreased or stopped,

since the market for these boys and the corresponding

incentive to traffic them to the UAE has been

eliminated. UAE officials acknowledge that they are

still working towards achieving 100% compliance with

the ban in each of the emirates at every camel race.

However, it is apparent that the UAEG and the Camel

Racing Federation are working diligently and in good

faith to completely eliminate the practice, through

identification card issuance and through inspections

at all races.

-- D. Are any efforts or surveys planned or underway

to document the extent and nature of trafficking in

the country? Is any additional information available

from such reports or surveys that was not available

last year?

In the first half of 2003, the UAEG conducted a

general amnesty program in an attempt to address

illegal migration into the country. The amnesty

program allowed people who overstayed their visas,

worked without proper work visas, or entered the

country without visas, to leave the country without

penalty of prosecution for immigration violations.

The UAEG reported that approximately 100,000 people

took advantage of the amnesty program.

In order to better monitor immigration patterns in

the future, the UAEG used the amnesty opportunity to

update its immigration databases with information

received from a questionnaire completed by all

amnesty-seekers. The survey included questions on

how the amnesty applicants arrived in the country,

who assisted them in coming and staying here, what

they had been doing and whether they had been working

while here, etc. Immigration officials stated that

questionnaires completed by amnesty-seekers

containing information suggesting criminal activity,

including trafficking in persons, were referred to

law enforcement authorities for investigation. The

results of that survey were not available at the time

of this report.

The UAEG has also instituted the use of retinal scans

at ports of entry to add biometrics identification

information to its databases. Biometrics information

will help authorities to better monitor migration and

combat document fraud by illegal immigrants who, for

example, use false names and birthdays in passports

and other identification papers.

Labor Ministry officials indicated that statistical

information received from the general amnesty program

would help it to identify labor law violation

practices and trends so that it can better manage the

labor market and protect worker rights.

The amnesty program was not designed specifically to

determine the extent or the magnitude of trafficking

in persons to the UAE. However, UAEG officials

stated that statistical analyses based on amnesty

program information will provide them with a

foundation from which they can monitor trafficking in

persons and estimate the magnitude of the problem.

Post will forward the results of any reports from

this survey it receives from the UAEG.

-- E. If the country is a destination point for

trafficked victims: What kind of conditions are the

victims trafficked into? Are they forced to work in

sweatshops, agriculture, restaurants, construction

sites, prostitution, nude dancing, domestic servitude,

begging, or other forms of labor, exploitation, or

services? What methods are used to ensure their

compliance? Are the victims subject to violence,

threats, withholding of their documents, debt bondage,

etc.?

NGO, IGO, source country, and anecdotal reports

indicate that conditions for trafficking victims are

varied.

In the past, credible sources reported that almost

all camel jockeys were boys between the ages of 4 and

10, some of whom were trafficked to the country by

small, organized gangs. The traffickers obtained the

youths, usually from poor families in Pakistan and

Bangladesh, by kidnapping, or in some instances by

buying them from their parents outright or taking

them under false pretenses, and then smuggling them

into the country. There were reports that many of

the children were subjected to harsh living and

working conditions, and some claimed to be abused by

their traffickers and/or trainers. There were

reports that some children were beaten for losing

races, and others were injured seriously during the

races. Some of the boys were underfed to make them

as light as possible. Often the boys did not receive

compensation for their services, since many times the

trafficker posed as the child's parent and received

the child's salary from the camel farm owner. Other

times, the parents were living in the UAE with the

boys, and claimed their salaries.

Reports and anecdotal evidence indicate that some

women trafficked to the UAE, as opposed to others who

come here voluntarily and knowingly to work as

prostitutes, are brought to the country under the

false pretenses of legitimate employment, but then are

forced into prostitution. In some cases, women sign

contracts of employment before coming to the UAE, only

to find that the contracts are worthless on arrival.

Other times, the women travel here based on promises

of employment only. When the women arrive, the

traffickers do not provide the promised employment.

Instead, they seize their passports and force them to

engage in prostitution to repay an imposed, and often

steep (in the thousands of U.S. dollars),"debt"

incurred from their travel and other expenses.

Some trafficked women are confined to residences in

slave-like conditions. Others work in dance clubs,

bars, hotels, massage parlors, and other public

venues, primarily in Dubai, but also in Abu Dhabi and

the Northern Emirates in smaller numbers. There are

anecdotal reports from NGOs stating that, in some

cases, women are able to pay off their debts and keep

much of their income afterwards. In other cases,

traffickers pay the women such small salaries that

they find it difficult or impossible to repay their

debts, resulting in situations of indentured servitude

until they can find a way to escape their traffickers

and receive assistance from the police or their

embassy or consulate representatives. However, some

women are reportedly afraid to contact authorities,

since their traffickers warn them that they will be

arrested for immigration violations or other criminal

offenses if they seek help from the police. Others do

not attempt to escape due to fear of physical abuse or

retaliation against their families back in the source

countries, since, in almost all cases, the traffickers

also come from these or neighboring countries.

As mentioned above, traffickers frequently seize their

victims' passports upon entry into the UAE. This

practice, common among employers in all professions,

was outlawed in the UAEG in July 2003. Employers may

now only legally hold employees' passports long enough

to take care of administrative business, not on a

permanent or long-term basis. There is no way to

determine definitively if employers are still

demanding their employees' passports, although there

are unverifiable reports that the now-outlawed

practice of holding employees' passports is still

commonplace. The UAEG has engaged in a public

relations campaign to inform workers and employers

that the practice is illegal. There have been a

number of instances, widely reported by the media, in

which the police intervened to return the passports to

their rightful owners.

Further, although it is common worldwide for

traffickers to use scare tactics to keep their victims

in submission, UAE police, especially in Dubai, where

the bulk of the cases occur, have measures in place to

protect victims of trafficking, once identified as

such. Since 1995, the Dubai Police Department has

operated a Human Rights Care Department. One of its

primary functions is to protect trafficking victims,

assist victims if they agree to stay in the UAE to

testify against their traffickers, and humanely

repatriate victims if they choose instead to return

immediately to their home countries. While there are

some anecdotal reports that some victims are not

identified as such, and are instead prosecuted for

their crimes, the Dubai police are continuing to train

its Human Rights Care specialists in order to better

safeguard victims (see paragraph 7 for additional

details).

-- F. If the country is a country of origin: Which

populations are targeted by the traffickers? Who are

the traffickers? What methods are used to approach

victims? What methods are used to move the victims?

The UAE is not a country of origin for TIP.

-- G. Is there political will at the highest levels

of government to combat trafficking in persons? Is

the government making a good faith effort to seriously

address trafficking? Is there a willingness to take

action against government officials linked to TIP? In

broad terms, what resources is the host government

devoting to combating trafficking in persons?

Over the reporting period, senior government

leadership continued to exhibit strong political will

to combat trafficking in persons, and the UAEG made a

concerted good faith effort to seriously address

trafficking in persons. These efforts were highly

successful in the case of combating the use of

trafficked boys as camel jockeys.

In an effort to stop the trafficking of boys to the

UAE for use as camel jockeys, the UAEG announced in

July 2002 that it would ban the decades-long practice

of employing child camel jockeys. The ban, effective

1 September 2002, was implemented despite strong

resistance from some tradition-bound camel farm

owners, primarily from wealthy and politically-

connected families. To further its efforts, the

Government tightened controls at points of entry into

the country for boys under the age of 15 years, and

mandated the repatriation of child camel jockeys in

the UAE to their home countries, at UAEG expense and

with the assistance of source country representatives

and NGOs.

In October 2002, Minister of State for Foreign

Affairs Shaykh Hamdan Bin Zayed Al Nahyan sent

letters to various source countries' foreign

ministers, asking for their cooperation and

coordination in addressing this transnational crime

of humanitarian concern. Since then, source country

representatives in the UAE have reported that they

are pleased with the results of the camel jockey ban,

and with the cooperation they are receiving from the

UAEG to repatriate underage boys currently in the UAE

while stopping new cases of trafficking at the

border.

UAEG political will to combat the camel jockey

problem was apparent during an official visit of Mark

Taylor, G/TIP, and Nahide Bayrasli, NEA/RA, to the

UAE in February 2004. In addition to their meetings

with high-ranking ministerial and key police

officials, the delegation was able to witness a camel

race first-hand, and speak at length with members of

the new administration of the Camel Racing

Federation. The team on several occasions stated

that it was impressed with the progress the UAEG made

on this issue over the course of the reporting year.

The UAEG senior leadership has repeatedly asked the

USG for training information and opportunities that

will further their efforts to combat trafficking in

persons, and help law enforcement officials,

prosecutors and judges to better identify,

investigate and prosecute trafficking in persons

cases.

In March 2003, the Dubai Police Human Rights Care

Department held an inter-department five-day training

seminar that covered many aspects of crime victim

assistance, including victims of trafficking.

Eighteen officials from the criminal investigation

department, immigration, social assistance, the moral

directive department, and representatives from

several different police stations, trained together

in order to better coordinate their efforts in

assisting trafficking victims.

In December 2003, the Dubai Police offered anti-TIP

training for legal specialists in a one-day seminar.

In Summer 2003, the Dubai Public Prosecution

Department created an office of 16 members who

specialize in trafficking in persons, and are trained

to identify and address the needs of trafficking

victims. Since its creation, this anti-TIP office

has assisted with 14 cases involving trafficking.

Throughout 2003, the Immigration Department in Dubai

offered training for 249 arrival inspectors and 177

departure inspectors in identifying fraudulent

documents, often used by trafficking victims. The

UAEG also supplied ports of entry and source country

embassies and consulates with brochures to try to

warn off potential trafficking victims, as well as to

inform victims where they can go to receive

assistance.

In May 2004, the Abu Dhabi Police College, with

guidance from the IOM, Post, and G/TIP, will conduct

an anti-TIP training seminar. Also in May and with

the support of the IOM, Post and G/TIP, the MFA will

host an anti-TIP workshop for ministries, law

enforcement officials, and source country

representatives. From May 20 - June 10, 2004, a

representative from the Ministry of Interior's Legal

Affairs Department will participate in an anti-

trafficking in persons IV program in Washington, D.C.

In the past, the UAEG has investigated and prosecuted

government officials suspected of committing criminal

offenses, e.g., embezzlement and fraud. This

willingness to take action against government

officials suspected of illegal activity indicates

that the UAEG would likely take action against

government officials linked to trafficking in

persons, if identified.

-- H. Do governmental authorities or individual

members of government forces facilitate trafficking,

condone trafficking, or are otherwise complicit in

such activities? If so, at what levels? Do

government authorities receive bribes from traffickers

or otherwise assist in their operations? What

punitive measures, if any, have been taken against

those individuals complicit or involved in

trafficking? Please provide numbers, as applicable,

of government officials involved, accused,

investigated, prosecuted, convicted and sentenced.

Government policy does not facilitate or condone

trafficking, and there is not a deep-seated culture of

official corruption in the UAE. There have been a few

unverifiable, anecdotal reports in 2003 that lower-

level officials, primarily at smaller ports of entry,

may turn a blind eye to the problem of trafficking.

There have been a few additional unverifiable reports

that individual members of the police may "tip off"

certain facilities, primarily clubs, before a sting

operation occurs (although in 2003, 4,924 prostitutes

were arrested by Dubai police, and 12 Dubai

institutions were closed due to prostitution activity

on its premises). There are no verified reports that

governmental authorities or individual members of

government forces facilitate trafficking, condone

trafficking, or are otherwise complicit in such

activities. There are also no verified reports that

government authorities receive bribes from traffickers

or otherwise assist in their operations.

In the past, the UAEG has investigated and prosecuted

government officials suspected of committing criminal

offenses, e.g., embezzlement and fraud. Because of

this willingness to take action against government

officials suspected of illegal activity, it is

expected that the UAEG would take action against

government authorities who facilitate trafficking,

condone trafficking, or are otherwise complicit in

such activities, or that receive bribes from

traffickers or otherwise assist in their operations.

-- I. What are the limitations on the government's

ability to address this problem in practice? For

example, is funding for police or other institutions

inadequate? Is overall corruption a problem? Does

the government lack the resources to aid victims?

The UAE is a wealthy country, but due to the weak

federal structure of the country and different budget

levels in the seven emirates, the ability of the

federal government and individual emirates to fund

police programs and aid victims varies significantly.

In addition, like many countries, federal ministry and

local department budgets are determined on an annual

basis. Consequently, new programs may be required to

wait until the next budget grant when new monies can

be allocated. There is also a limitation on the UAE's

human resources available to address problems. The

national population of the UAE is 15% or less of the

total population of the UAE.

In honor of International Human Rights Day December

10, 2003, the Al Maktoum Charity Institution (funded

by the Dubai ruling family) donated 150,000 dirhams

(USD 40,984)to the Dubai Police Human Rights Care

Department, which assists trafficking victims.

Overall corruption is generally not a problem in the

UAE. The Government has taken many concrete steps to

fight trafficking in persons to the UAE over the past

reporting year, and it is expected that the UAEG will

put a number of additional measures into place in 2004

to more effectively monitor and combat all aspects of

trafficking in persons. However, certain factors

limit the UAEG's ability to take action on all facets

of its trafficking problem within a shorter period of

time.

The UAE gained its independence from the UK in 1971.

Although a young country, it has transcended rapidly

from an undeveloped country to a dynamic regional

economic power with an advanced infrastructure and a

diverse urbanized population with residents

originating from over 200 countries. The UAE is an

open country with a vibrant tourism industry, and is a

busy transit hub for international travel and trade.

This open atmosphere is especially important in Dubai,

where major efforts have been underway for a number of

years to diversify its economy and reduce its reliance

on oil reserves, which are rapidly dwindling and

expected to be depleted in approximately a decade.

As a result of the country's rapid modernization and

growth, the federal government and the governments of

the individual emirates are increasingly tasked with

responding to complex issues of international concern,

many of which involve foreign organized criminal

groups, including terrorism and money laundering, as

well as trafficking in persons, drugs, illegal arms,

and weapons of mass destruction. These complex issues

stretch the human resources of UAEG law enforcement,

which lacks overall institutional knowledge and

experience due to the country's young age. Ministry

and law enforcement officials in all but the very top

levels are often young and lack appropriate levels of

formal training and/or on-the-job experience to assist

them in the performance of their jobs. Therefore, it

is not realistic to expect the majority of UAEG

officials to tackle all facets of a difficult, multi-

dimensional issue such as trafficking in persons

simultaneously and in a short amount of time.

Last year, the UAE outlined a two-year plan to combat

its overall trafficking problem (see ref. C). One

year into this plan, the UAE has made remarkable

progress on the camel jockeys issue. Now that this

dimension of the trafficking problem is under

governmental control, the UAEG has stated its

intention to focus its efforts on the issue of sex

trafficking with the same level of commitment it

devoted to the camel jockey issue.

A loose federation comprised of seven individual

emirates, the UAE is governed by consensus of the

seven emirates' rulers. The federal Government

asserts primacy in matters of foreign and defense

policy, some aspects of internal security, and

increasingly in matters of law and the supply of some

government services. However, the loose federal

structure and requirement for consensus prohibits

quick action on matters with any level of controversy.

The bureaucratic process to pass legislation, accede

to international treaties or create national

strategies can often be lengthy. The Justice Ministry

oversees the passage of new legislation and accession

to bilateral or multilateral treaties. An inter-

ministerial technical committee works to draft agreed

language, which is then submitted for approval to a

second inter-ministerial Political Committee that

includes representatives from each emirate. The

Political Committee is charged with achieving

consensus on the draft language from the seven

emirates. Once consensus is achieved, the draft

language is presented to the Federal National Council

(FNC) for debate and consideration. After the FNC

concludes its consideration, it recommends draft

language to the federal Cabinet, which then conducts

its own review and considers the draft language for

passage into law after ratification by the Supreme

Council (comprised of the rulers of all seven

emirates).

Despite the normally lengthy process involved with

passing new legislation, the Minister of State for

Foreign Affairs, Shaykh Hamdan Bin Zayed Al Nahyan,

led the effort to criminalize the use of child camel

jockeys in record time. Incredibly, the announcement

of the child camel jockey ban in July 2002 was made

only months after he decided to lead the effort to

criminalize the use of child camel jockeys. Our

interlocutors report that he pushed the ban through

the bureaucracy because of his desire to terminate

this practice before the beginning of the next camel

racing season in October 2002. Now, in the 2003/2004

racing season, it is clear that the ban, while still

not an official, ratified UAE law, is being enforced

in practice due to the political will of the most

senior UAEG officials. The proposed legislation is

currently under review by the UAE's highest

legislative body, the Supreme Council.

Consistent enforcement of laws throughout the country

is sometimes affected by the relative independence of

security and police forces in each emirate. While all

emirate internal security organs theoretically are

branches of one federal organization, in practice they

operate with considerable independence. Each emirate

maintains its own independent police force.

Some cultural characteristics also hamper the

Government's ability to immediately address some

trafficking in persons issues. For example, camel

racing is a traditional sport. In the past, camel

owners or their sons raced camels. Over the past few

decades, young foreign boys had been increasingly used

as camel jockeys, many of whom were offered for

employment to camel owners by their parents. In spite

of the deeply-held opinions of prominent families

initially opposed to the camel jockey ban, the UAEG

leadership worked to change those attitudes over the

course of the past year, and as a result achieved

remarkable progress on this issue over the 2003/2004

reporting cycle. Several senior UAEG officials stated

during the February 2004 G/TIP visit and follow-up

meetings afterward that the UAE can achieve similar

results now that it has turned its full attention to

the issue of sex trafficking in 2004.

--------------

5. PREVENTION

--------------

-- A. Does the government acknowledge that

trafficking is a problem in that country? If no, why

not?

The UAEG acknowledges that trafficking in persons is a

problem. The senior leadership has noted a number of

times that this transnational crime must be addressed

for humanitarian as well as national security reasons.

Emirati officials have described trafficking in

persons as a disease that must be eradicated before

more people are victimized. UAEG officials also

recognize that a failure to attack organized crime in

this area opens the country to organized crime in

other areas, such as drugs or weapons.

The UAEG repeatedly acknowledged its trafficking

problem during the February 2004 U.S. State Department

official visit of Mark Taylor, G/TIP, and Nahide

Bayrasli, NEA/RA. The USG officials met with high-

ranking officials from the Ministries of Foreign

Affairs, Interior, Justice, and Labor. They also met

with officers from the Dubai Police Department, the

Camel Racing Federation, and source country embassies

and consulates. Emirati officials acknowledged that

trafficking in persons to the UAE is a problem, sought

engagement on the issue, and requested assistance in

training and other areas in order to combat the

problem.

-- B. Which government agencies are involved in anti-

trafficking efforts?

Both federal ministries and local emirate departments

are involved in anti-trafficking efforts. Some

efforts are specifically designed to combat

trafficking in persons. Other efforts are not

specifically designed to combat trafficking in

persons, but ultimately have that effect because such

efforts on related issues assist in the prevention of

trafficking, prosecution of traffickers, and

protection of trafficking victims.

On the federal level, the Ministries of Foreign

Affairs, Interior, Justice, Health, Labor and Social

Affairs, and Information are involved actively in

anti-trafficking efforts. On the local level, police

departments, immigration departments, public

prosecution, and social services departments are also

involved. This reporting year in Dubai, police and

other government representatives have joined forces

with concerned members of the media, academia and

business worlds, to take a new approach toward

combating trafficking.

The Ministry of Foreign Affairs is fronting the UAE's

anti-trafficking efforts. In July 2002, the Minister

of State for Foreign Affairs led the campaign to

eradicate the trafficking of boys for use as camel

jockeys by announcing a ban on child camel jockeys

with criminal penalties for violators, mandating the

repatriation of boys currently in the country working

as child camel jockeys at UAEG expense, and ordering

increased security measures by immigration officials

at ports of entry.

The child camel jockey ban prohibits the use of camel

jockeys younger than 15 years of age and who weigh

less than 45 kilograms (99 pounds). The Government

established the following penalties for violators of

the child camel jockey ban: first offense, fine of

approximately $5,500 (20,000 dirhams); second offense,

ban from participation in camel races for one year;

third and subsequent offenses, imprisonment. The

UAE's highest legislative body, the Supreme Council,

is currently considering a draft of the ban to be

ratified as federal law.

The UAEG implemented the requirements by mandating

that all camel jockeys apply for and receive

government-issued identification (ID) cards. To

verify the ID card applicant's age and guard against

document fraud, e.g., a passport that indicates the

child is 15 years when he is actually only 12 years,

the UAEG issues ID cards only after a positive

physical examination by a medical committee, through

the use of x-rays and other tests, confirms that the

child is at least 15 years of age. The Government is

enforcing the child camel jockey ban through

inspections by the Camel Racing Federation at all

races, checking the ID cards of all jockeys prior to

each race.

In January 2003, the UAEG instituted an additional

requirement of DNA tests to further guard against

document fraud and to apprehend traffickers by

ensuring that the person presenting the boy for entry

into the country or for ID application is, in fact,

the biological parent of the child. UAEG officials

have stated that if the person presenting the boy for

the ID application or entry into the country is proven

to not be the biological parent of the child, then the

application is referred to law enforcement authorities

for investigation for trafficking. No statistics have

been provided regarding how many traffickers have been

arrested, prosecuted, convicted and sentenced under

this procedure. However, UAEG officials have stated

that DNA testing has weeded out 47 cases of

traffickers posing as parents of camel jockeys. The

boys were subsequently repatriated to their home

countries, and the traffickers were referred to law

enforcement authorities.

The MFA worked with source country embassies,

consulates and NGOs to humanely repatriate trafficking

victims, and to prevent new cases of trafficking.

In May 2004, with the support of the IOM, Post and

G/TIP, the MFA will host an anti-TIP workshop for

ministries, law enforcement officials, and source

country representatives.

The Ministry of Interior's Department of

Naturalization and Residency established a central

operations room to track the arrival and departure of

individuals in the country, some of whom may be

trafficking victims. It also oversaw the 2003 amnesty

program, working closely with the Ministry of Labor in

designing the program and creating the information-

gathering questionnaire to better monitor migration

patterns, including trafficking in persons. This

department also participates in the Dubai Police Human

Rights Care Department's anti-trafficking in persons

working group. The Dubai Tourist Security Department

operates a 24-hour hotline to assist visitors with

problems. Information about the hotline is

distributed at ports of entry.

In May 2004, the Abu Dhabi Police College, with

guidance from the IOM, Post, and G/TIP, will conduct

an anti-TIP training seminar. From May 20 - June 10,

2004, a representative from the Ministry of Interior's

Legal Affairs Department will participate in an anti-

trafficking in persons IV program in Washington, D.C.

UAE labor laws do not cover domestic workers and

agricultural workers. Consequently, the Ministry of

Interior's Department of Naturalization and Residency

reviews the contracts of foreign domestic employees as

part of residency permit processing to ensure that the

negotiated salaries and terms are adequate.

To guard against involuntary servitude, in January

2003, the UAEG announced new regulations requiring a

mandatory unified contract for domestic workers and

agricultural workers. The contract regulates the

employer-employee relationship and specifies rights

granted to the employee. The regulations provide that

the UAEG review the employer's ability to pay the

worker before the work permit is granted. The

regulations also provide that the worker may complain

of unified contract violations to the Ministry of

Labor's Labor Dispute Department.

Prostitution is illegal in the UAE, punishable by up

to three years imprisonment followed by deportation.

In an effort to combat this crime, the Dubai police

regularly conduct special patrols in areas frequented

by prostitutes, and immigration and police forces use

special units to conduct raids and sting operations in

areas where prostitutes are known to frequent. Law

enforcement authorities state that women arrested for

prostitution are interviewed to determine whether they

are victims of trafficking. During the interview, the

officials, led by a female interviewing officer,

reportedly ask the women about their overall

circumstances, including how they came to the UAE, who

assisted them in traveling here, where they have been

staying, how they have been treated, etc.

In 2002, the Dubai Police Human Rights Department

Director developed a Crime Victims' Assistance

Program, which includes the creation of Victim

Assistance Coordinators and police training in victim

protection and assistance. In March 2003, Victim

Assistance Coordinators were assigned to police

stations. Victim Assistance Coordinators'

responsibilities include advising victims about the

criminal justice system and criminal procedure;

encouraging witness testimony, especially in cases

involving sexual abuse and trafficking in persons

where victims are reluctant to speak out; advising

victims of their rights; providing counseling and

medical care; placing victims in safehouses or

shelters; and following-up with victims as the case

proceeds to trial. In March 2003, the Dubai Police

Human Rights Department began conducting Victim

Protection and Assistance training courses for Dubai

police officers.

In Dubai, 4,924 prostitutes were arrested in 2003.

There are no statistics showing how many of them were

charged with crimes, convicted, and sentenced, but

Dubai Police stated that, since they only have prison

space to accommodate 100 women, prostitutes are

normally deported immediately. There were 104

closures of firms, primarily travel agencies, by

authorities due to their practice of luring women into

the UAE with promises of legitimate jobs, only to

force them to work as prostitutes upon arrival. There

were 12 additional Dubai institutions, primarily

hotels and apartment buildings, closed in 2003 for

facilitating prostitution. The UAEG reported that 166

non-citizen traffickers were arrested and prosecuted

for running prostitution rings in 2003, and five

citizens were arrested and prosecuted for the same

offense. There was no information provided on the

number of convictions and length of sentences handed

out to these individuals.

The Ministry of Justice took the lead in the UAEG's

accession in December 2002 to the UN Convention

Against Transnational Organized Crime. The Institute

for Judicial Training and Studies includes mandatory

courses for prosecutors and judges on subjects that

generally impact trafficking in persons, including

human rights, sex offenses, immigration violations and

labor violations. The MOJ has agreed to review a

model anti-trafficking in persons law provided to the

MFA by Post and G/TIP.

The Ministry of Health organized the medical

committees that conduct tests to estimate the age and

state of health of camel jockey identification card

applicants. The Ministry of Health also conducts the

applicant/parent DNA testing. MOH officials

acknowledge the health problems potentially affecting

sex trafficking victims, especially HIV/AIDS and other

sexually transmitted diseases, and the possible

resulting public health issues. The MOH maintains

social workers in all public hospitals, to which

medical personnel refer patients when sexual or other

abuse is suspected. These counselors are also

available for consultation by patients even without a

referral by medical personnel. Local police

departments also maintain officers in public hospitals

that are immediately accessible in the event a patient

is suspected to be a victim of a criminal offense.

These officers are trained in victim protection and

assistance, and do not jail victims or recommend them

for prosecution for violation of UAE laws.

The MOH issues annual health cards to non-citizen

workers, which they initially receive after passing a

physical examination upon arrival to the UAE. The 300

dirhams (about $82) health cards are provided by

employers to employees and their family members for

free medical treatment and medication at public

hospitals. Annual physical exams for employees are

required to renew the health cards. Domestic servants

are subject to these annual exams even though they are

not covered by the Labor Law. During this exam,

medical personnel with specialized abuse-detection

training make inquiries and look for signs of sexual

or physical abuse. The MOH also makes available at

public hospitals brochures about domestic violence and

sexual and physical abuse, with information on who to

contact for help or assistance. MOH officials also

report that they actively conduct health education

outreach to community associations (many of the more

than 200 nationalities who reside in the UAE have

community associations) and foreign embassies and

consulates.

The Ministry of Labor and Social Affairs manages the

work force and labor market and enforces compliance

with the labor law through inspections. In 2003, the

MOL added 53 new inspectors to its roster, increasing

the total number of inspectors to 185. In 2003, these

inspectors conducted 24,225 inspections in Dubai and

7,714 inspections in Abu Dhabi. Statistics were not

available regarding the remaining five emirates.

These inspections ferret out any problems with

adherence to the labor law, including salaries, safety

issues, working hours, changes to contracts, and any

other worker complaints. In Abu Dhabi, 21 cases were

filed with the MOL reasons such as delayed payment of

salary. Seven of those cases were transferred to

court. The remainder were mediated by the MOL. In

Dubai, nine cases were filed with the MOL, and one was

transferred to court. In Sharjah, two cases were

filed, and one went to court. The MOL also reviews

employment contracts for workers in the industrial and

service sectors to ensure compliance with the labor

laws.

In 2002, the MOL began distributing an information

booklet to foreign workers outlining their rights

under the labor law and how to pursue labor disputes,

whether individual or collective. The booklet

includes information on work permits, employment

contracts and labor cards, private recruitment

agencies, work hours and leave, compensation for work

injuries and occupational diseases, labor disputes,

employment contract termination, end of service

benefits, transfer of sponsorship and repatriation.

The booklet also contains contact information for the

MOL and addresses and telephone numbers for all

foreign missions in the UAE. MOL officials stated

that they distributed the information booklets to

embassies and consulates in the UAE, focusing on those

with large numbers of citizens working here, and

requested the foreign diplomats to assist in the

distribution of the information booklets to their

citizens already present and working in the UAE. The

MOL also requested the foreign missions to assist in

providing the information booklets to prospective

employees in their countries prior to their departure

for the UAE.

Despite social sensitivities to the trafficking issue,

the Ministry of Information and Culture continues to

increase public awareness by placing articles in the

English and Arabic press about trafficking in boys for

use as camel jockeys and women for the sex industry.

The Women's Da'waa Administration in the Dubai

Department of Awqaf and Islamic Affairs operates a

hotline geared for women and children. Operating

since July 2002, the hotline is open to all

nationalities living in all emirates. The hotline is

open from 8:00 a.m. to 9:00 p.m., Saturday to

Wednesday, but will take emergency calls on Thursday

and Friday (the UAE weekend).

-- C. Are there or have there been anti-trafficking

information or education campaigns? If so, briefly

describe the campaign(s),including their objectives

and effectiveness. Do these campaigns target

potential trafficking victims and/or the demand for

trafficking (e.g. "clients" of prostitutes or

beneficiaries of forced labor)?

The Ministry of Information and Culture has helped

increase public awareness with information campaigns

about trafficking in boys for use as camel jockeys

ever since the announcement of the child camel jockey

ban in July 2002.

The local press highlights cases of child jockeys

rescued and repatriated by local authorities, source

country embassies and consulates, and non-governmental

organizations. The local press also increased its

reporting over the past year on cases of sex

trafficking, in spite of the taboo nature if the

subject. Some local newspapers include regular

columns with advice on worker rights. Newspapers

reported widely last summer on the new law prohibiting

employers from holding their employees' passports.

The media has highlighted several incidents of police

assistance with retrieving passports from employers.

-- D. Does the government support other programs to

prevent trafficking?

In addition to government ministries and departments,

charitable and other organizations funded by the

Government and individual ruling family members are

also involved in programs that help to prevent

trafficking. The Government maintained its efforts to

address humanitarian needs and concerns in the UAE and

worldwide through government-funded charitable

organizations.

Within the UAE's borders, the primarily government-

funded UAE Red Crescent Authority, an affiliate of

the International Federation of the Red Cross and

Red Crescent Societies, provided assistance to

widows, divorced women, prisoners' wives, orphans,

prisoners and students from poor families.

Projects funded by the Red Crescent Authority

include maintaining schools and mosques, digging

wells, building health units, and training people

with special needs.

Outside the UAE, the UAE Red Crescent Authority and

other charitable organizations funded by individual

ruling family members, such as the Zayed Foundation

and the Mohammed Bin Rashid Al-Maktoum Humanitarian

and Charity Establishment, conducted humanitarian

relief projects and provided reconstruction and other

types of assistance to a number of countries

worldwide, including countries in the Middle East,

Eastern Europe, CIS, Russia, and Africa.

Many of the countries that receive aid from UAE

charitable organizations are source countries or are

at risk of becoming source countries for trafficking

in persons because of poor socio-economic conditions.

These charitable projects are anti-trafficking in

nature because they help to support people and

communities vulnerable to trafficking. These

organizations fund a multitude of projects, including

providing food, clothing, construction equipment,

telecommunications equipment, heavy machinery,

electrical generators, transportation equipment,

vehicles, ambulances, medical supplies, and medicines;

paying government employees' and teachers' salaries;

providing financial aid to support orphans; conducting

demining projects; building roads, refugee camps,

homes, hospitals, schools and orphanages; operating

refugee camps and orphanages; and digging wells.

The UAEG cooperates with the office of the UN High

Commissioners for Refugees (UNHCR) and other

humanitarian organizations in assisting refugees. In

2000, UAE First Lady Shaykha Fatima bint Mubarak

established a Fund for Refugee Women to help refugee

women worldwide, which is managed by the UAE Red

Crescent Society in cooperation with UNHCR. The UAEG

also cooperates with Medecins Sans Frontieres (Doctors

Without Borders),which maintains offices in the UAE.

-- E. Is the government able to support prevention

programs?

The government is able to and does support prevention

programs both in the UAE and in other countries. See

answers to 4.C and 4.D above.

-- F. What is the relationship between government

officials, NGOs, other relevant organizations and

other elements of civil society on the trafficking

issue?

The UAEG works with foreign embassies, consulates and

ministries, and source country NGOs, to provide

shelter and assistance to victims and facilitate their

repatriation, as well as to stop the flow of

trafficking victims at the source. The UAEG reports

good ties with the local branch of the UNDP and the

International Center for Women's Rights.

Additionally, the Dubai Human Rights Care Department

has worked with the Polaris Project, the IOM, and a

number of smaller source country NGOs.

The Ministry of Labor works with the ILO on various

labor issues. The Ministry of Foreign Affairs is

currently considering UAE membership in the inter-

governmental International Organization for Migration

(IOM),and is working with the IOM to conduct two

anti-TIP seminars in 2004 - an MFA-sponsored inter-

agency conference, and a training seminar at the Abu

Dhabi Police College. Both events are scheduled for

May 2004.

-- G. Does the government adequately monitor its

borders? Does it monitor immigration and emigration

patterns for evidence of trafficking? Do law

enforcement agencies respond appropriately to such

evidence?

The UAEG adequately monitors its borders against

illegal migration and smuggling. The Armed Forces

are responsible for guarding and monitoring the UAE's

coast and land borders. Border guards have the legal

authority to stop and inspect individuals at the

border or point of entry, especially if there is

suspicion of illegal activity. In 2002, the UAE

erected a fence barrier that runs for several

kilometers along its land border with Oman, in an

effort to curb smugglers and illegal immigration.

The federal and emirate-level immigration authorities

are responsible for controlling the influx of people

at the country's international airports. In August

2002, the U.S. Immigration and Naturalization Service

conducted fraud intercept training at Dubai

International Airport to help immigration authorities

better combat document fraud at that point of entry

into the UAE. In 2003, Dubai immigration conducted

training to detect fraudulent documents, often used

by trafficked persons, for 249 arrival inspectors and

177 departure inspectors. Immigration officials also

regularly meet with the Dubai Human Rights Care

Department and the inter-agency Human Rights Care

Committee to discuss TIP issues.

The authorities have recognized that illegal

immigration and the violation of residency laws is a

problem in the UAE. To that end, the Ministry of

Interior's Department of Naturalization and Residency

created a central operations room in 2000, including

an integrated federal data center to track the

arrival and departure of individuals in the

Federation's seven emirates. In 2003, the UAEG

instituted the use of retinal scans to add biometrics

identification information to its databases.

Biometrics information will help UAEG authorities to

better monitor migration and combat document fraud by

visitors and illegal immigrants.

In an effort to crack down on border infiltrators and

immigration violators, the UAEG conducted a six-month

amnesty program in 2003. This program allowed

persons who overstayed their visas, worked illegally

on visit visas, or who entered the country without

visas, to leave the country without penalty of

prosecution for immigration violations.

So that the UAEG can better monitor immigration

patterns, the UAEG is updating its immigration

databases with information received from a

questionnaire completed by all amnesty-seekers. The

questionnaire included questions on how the amnesty

applicants arrived in the country, who assisted them

in coming and staying here, what they have been

doing, and whether they have been working while here.

Immigration officials indicated that questionnaires

containing information that suggests criminal

activity, including trafficking in persons, are

referred to law enforcement authorities for

investigation.

Labor Ministry officials indicated that they will use

statistical information received from the general

amnesty program to identify practices and trends that

violate the labor law or abuse workers so that they

can better manage the labor market and protect worker

rights.

Although the amnesty program was not designed

specifically to determine the extent or magnitude of

the trafficking in persons to the UAE, UAEG officials

have stated that statistical analysis based on

amnesty program information will provide them with a

foundation to actively and effectively monitor

trafficking in persons and estimate the magnitude of

the problem.

-- H. Is there a mechanism for coordination and

communication among various agencies, such as multi-

agency working group(s) or task force(s)? Does the

government have a trafficking in persons task force?

Does the government have a public corruption task

force?

The UAEG does not have a public corruption task

force. Since 2002, the Ministry of Foreign Affairs

has led and directed inter-ministry coordination and

communication on trafficking in persons issues.

Representatives from the Ministries of Foreign

Affairs, Interior, Justice, Labor, and the Dubai

Police meet when required. The MFA has stated that

this group plans to meet more regularly in 2004, and

will discuss the formulation of a national action

plan.

Anti-TIP specialists working in the Dubai

immigration, police, and public prosecutors offices

coordinate regularly to handle TIP cases. Since its

creation six months ago, the 16-person anti-TIP

office at the Dubai Public Prosecutors Department has

worked closely with these offices to handle 14

trafficking cases.

-- I. Does the government coordinate with or

participate in multinational or international working

groups or efforts to prevent, monitor, or control

trafficking?

Throughout 2003, police and Ministry of Interior

officials developed channels with source country

governments to exchange information on organized

crime, including trafficking in persons.

UAEG authorities worked closely with authorities and

NGOs in Pakistan and Bangladesh to prevent and

control trafficking in boys to the UAE by stemming

the seizure and recruitment of these children at the

source. Law enforcement officials coordinated with

foreign NGOs and source country governments on

trafficking in women cases.

Immigration authorities also worked with source

country embassies and consulates to repatriate

trafficking victims, including 125 former camel

jockeys to Pakistan and 120 - 150 camel jockeys to

Bangladesh, in 2003.

-- J. Does the government have a national plan of

action to address trafficking in persons? If so,

which agencies were involved in developing it? Were

NGOs consulted in the process? What steps has the

government taken to disseminate the action plan?

An MFA-led inter-ministry group, including

representatives from Interior, Justice, Labor, and

the Dubai Police, coordinate and communicate on

trafficking in persons issues when needed. This

group created the plan of action for formulating and

implementing the child camel jockey ban. MFA

officials have reported that the same group will soon

discuss the creation of a national anti-TIP action

plan to expand their efforts to combating sex

trafficking.

-- K. Is there some entity or person responsible for

developing anti-trafficking programs within the

government?

The MFA primarily leads the way in coordinating anti-

TIP programs. However, in 2003 and 2004, the Dubai

Police Human Rights Care Department created several

inter-departmental programs to fight trafficking in

persons.

--------------

6. INVESTIGATION AND PROSECUTION OF TRAFFICKERS

--------------

-- A. Does the UAE have a law specifically

prohibiting trafficking in persons - both trafficking

for sexual exploitation and trafficking for non-sexual

purposes? If so, what is the law? If not, under what

other laws can traffickers be prosecuted? For

example, are there laws against slavery or the

exploitation of prostitution by means of coercion or

fraud? Are these other laws being used in trafficking

cases? Are these laws, taken together, adequate to

cover the full scope of trafficking in persons?

The UAE does not have one law specifically

criminalizing trafficking in persons, as defined by

the USG. However, traffickers can and are prosecuted

under a number of laws that, taken together, may be

adequate to cover the full scope of trafficking in

persons. Those laws criminalize child smuggling,

prostitution, and forced and compulsory labor.

UAE Penal Law Article 346 states: "Whoever brings into

or out of the country any person intending to possess

or dispose of and whoever possesses or purchases or

sells or offers for sale or transacts in any manner of

any person as a slave shall be punished with

provisional imprisonment." Provisional imprisonment

is a sentence of 3 years minimum and 15 years maximum.

Justice Ministry officials indicate that traffickers

can also be prosecuted under other penal laws,

including: kidnapping; rape; sodomy; sexual abuse;

sexual exploitation; immoral acts; exploitation of

someone for immoral acts; physical abuse; false

imprisonment; juvenile endangerment; forced labor;

child labor; forced prostitution; indecency;

enticement, inducement or deceiving someone to commit

immoral acts or prostitution; aiding or facilitating

the commission of immoral acts or prostitution;

keeping or operating a place for immoral acts or

prostitution; and money laundering.

Ministry of Labor officials also report that the UAE

Labor Law contains penalties for labor law violations.

UAE Labor Law Art. 181 provides for a fine from 3,000

dirhams (about $820) to 10,000 dirhams (about $2700)

and/or imprisonment up to six months per labor law

violation or for obstructing, preventing or

threatening labor inspectors.

In 2003, Dubai police reported 166 cases of non-

citizen traffickers charged with a number of the above

criminal offenses. Police reported five UAE citizens

were charged with similar crimes in 2003. There were

104 cases of firms (primarily travel agencies) closed

in 2003 due to visa trading (firms offered non-

existent jobs to women, and expected them to work as

prostitutes on arrival). Twelve additional Dubai

institutions (primarily hotels and apartment

complexes) were closed in 2003 due to fostering

prostitution. In 2003, 4,924 women were arrested in

Dubai for prostitution. There are no statistics

available to determine how many of these women were

ultimately charged with crimes, and how many were

treated as trafficking victims.

UAE law appears to adequately cover the full scope of

trafficking in persons in a piecemeal fashion.

Ministry of Justice officials are currently reviewing

U.S. trafficking in persons model legislation and

evaluating current UAE laws to determine whether

there are gaps in existing legislation. If so,

Justice Ministry officials will determine whether

supplemental legislation will be adequate or if

comprehensive trafficking in persons legislation will

be necessary.

-- B. What are the penalties for traffickers of

people for sexual exploitation? For traffickers of

people for labor exploitation?

There is no single law specifically criminalizing

trafficking. The punishment for child smuggling is

imprisonment plus a 1,000 dirham (USD 365) fine. For

child smuggling that results in child abuse, the fine

is increased to 10,000 dirhams (USD 3,650). UAE Penal

Law Art. 346 (see 6.A above),which comes closest to

the USG definition of trafficking in persons, provides

for imprisonment from 3 years minimum to 15 years

maximum.

-- C. What are the penalties for rape or forcible

sexual assault? How do they compare to the penalty

for sex trafficking?

Sentencing for rape ranges from 15 years plus

lashings to capital punishment. The penalty for rape

that leads to the death of the victim or for rape

with extenuating circumstances is capital punishment.

-- D. Has the UAEG prosecuted any cases against

traffickers? If so, provide numbers of arrests,

indictments, convictions, and sentences, including

details on plea bargains and fines, if relevant and

available. What were the penalties actually imposed

in each case? Are the traffickers serving the time

sentenced? If no, why not? Please indicate whether

the government can provide this information, and if

not, why not?

Although the UAE does not have a specific trafficking

law, in 2003, Dubai police reported 166 cases of non-

citizen traffickers charged with a number of criminal

offenses. Police reported five UAE citizens were

charged with similar crimes in 2003. There were 104

cases of firms (primarily travel agencies) closed in

2003 due to visa trading (firms offered non-existent

jobs to women, and expected them to work as

prostitutes on arrival). Twelve additional Dubai

institutions (primarily hotels and apartment

complexes) were closed in 2003 due to fostering

prostitution.

UAEG officials are attempting to compile additional

statistics on arrests, prosecutions, and convictions.

We will forward this information immediately when it

is received.

-- E. Is there any information or reports of who is

behind the trafficking? For example, are the

traffickers freelance operators, small crime groups,

and/or large international organized crime syndicates?

Are employment, travel, and tourism agencies or

marriage brokers fronting for traffickers or crime

groups to traffic individuals? Are government

officials involved? Are there any reports of where

profits from trafficking in persons are being

channeled?

IOM and NGO reports indicate that organized crime

groups, almost all of them originating from the source

countries, are behind most, if not all, trafficking

cases to the UAE, with the typical size of the

organized crime group varying according to the source

country. Employment and travel agencies have been

used as fronts for traffickers, although in many cases

these organizations handle legitimate business as well

as participate in trafficking. Many of these

businesses were closed by police in 2003 (see 6.A and

D). There are no verified reports that government

officials are involved, although there have been

anecdotal, unverified reports that some lower-level

officials may turn a blind eye to the problem. There

are no reports of where the profits are being

channeled.

-- F. Does the government actively investigate cases

of trafficking? Does the government use active

investigative techniques in trafficking in persons

investigations? To the extent possible under domestic

law, are techniques such as electronic surveillance,

undercover operations, and mitigated punishment or

immunity for cooperating suspects used by the

government? Does the criminal procedure code or other

laws prohibit the police from engaging in covert

operations?

Law enforcement officials report that they actively

investigate cases of trafficking in persons, primarily

through regular sting operations to ferret out sex

trafficking cases, as well as by using the ID card

system at racetracks to rescue boys trafficked as

camel jockeys. Investigation is accomplished more

regularly in cases brought to police attention through

complaints from victim or other interested parties.

Police officials state that trafficking in persons

investigations are challenging when trafficking is

suspected but the victim refuses to provide

information, likely out of fear or distress.

Police officials also report that active investigative

techniques are used in criminal investigations,

including trafficking in persons cases, and that

electronic surveillance and undercover operations are

permitted and used. Police officials recommend

sentence mitigation for cooperating suspects and are

not prohibited from engaging in covert operations.

However, due to restraints on properly trained and

experienced law enforcement staff, it is likely that

police take more of a reactive vice proactive role in

investigating trafficking case.

-- G. Does the government provide any specialized

training for government officials in how to recognize,

investigate, and prosecute instances of trafficking?

On several occasions over the past year, senior UAEG

leadership requested information on training

opportunities that specifically address combating

trafficking in persons, to help law enforcement,

prosecutors and judges better identify, investigate

and prosecute cases of trafficking in persons.

In March 2003, the Dubai Human Rights Care Department

held a five-day training seminar, including lectures

on anti-trafficking, for 18 representatives from

police investigations, immigration, social

assistance, the moral directive department, and

several smaller Dubai police stations.

In December 2003, Dubai police held a lecture for

legal personnel on human rights and anti-TIP issues.

In May 2004, the MFA, in cooperation with Post and

the IOM, plans to hold an inter-ministerial Anti-

Trafficking in Persons Workshop in Abu Dhabi. The

same month, the Abu Dhabi Police College, also with

the assistance of the Department of State and the

IOM, plans to hold an in-depth anti-trafficking in

persons training seminar.

Post is looking forward to the arrival of a proposed

DOJ Resident Legal Advisor in Spring 2004, who will

provide further training opportunities to UAEG

ministries and departments.

Ministry of Justice officials report that its

Institute of Judicial Training and Studies conducts

mandatory classes for prosecutors and judges on proper

victim care and assistance. The Institute also

conducts mandatory specialized classes (with course

duration in parentheses) on the following topics:

human rights (14 hours); sexual offenses (20 hours);

offenses against life (20 hours); immigration offenses

(20 hours); juvenile protection and delinquency (30

hours); labor violations and offenses (12 hours).

In April 2003, the Dubai Police Department will host

an FBI Organized Crime Undercover Operations training

program at the Middle East Law Enforcement Training

Center. Law enforcement officers representing all

local police departments are expected to attend.

This specialized training will help to combat

trafficking in persons to the UAE since organized

crime groups reportedly commit most, if not all,

trafficking offenses.

-- H. Does the government cooperate with other

governments in the investigation and prosecution of

trafficking cases? If possible, can post provide the

number of cooperative international investigations on

trafficking?

UAEG officials state, and local embassies and

consulates confirm, that they cooperate with

authorities in Pakistan and Bangladesh to prevent and

control trafficking in boys to the UAE by stemming

the seizure and/or recruitment of these children at

the source. Law enforcement officials report that

they also cooperate and work in coordination with

foreign NGOs and foreign governments on trafficking

in women issues when cases are brought to their

attention.

Immigration authorities work with foreign embassies

and consulates and foreign NGOs in repatriation

cases. In 2003, 125 Pakistani camel jockeys were

repatriated, with cooperation among the UAEG, source

country missions, and source country NGOs. The

Embassy of Bangladesh reported that between 120 - 150

boys were repatriated in 2003 with similar

cooperation from the UAEG.

Ministry of Interior officials have indicated that

they continue to work on developing channels with

foreign governments, primarily source country

governments, to exchange information on organized

crime, including trafficking in persons.

-- I. Does the government extradite persons who are

charged with trafficking in other countries? If so,

can post provide the number of traffickers extradited?

Does the government extradite its own nationals

charged with such offenses? If not, is the government

prohibited by law from extraditing its own nationals?

If so, what is the government doing to modify its laws

to permit the extradition of nationals?

The UAEG currently has extradition treaties with a

number of countries, including India, Sri Lanka,

Armenia, Canada (for drugs and money-laundering

charges),China, Saudi Arabia, Tunisia, Algeria,

Morocco, Syria, Somalia, Jordan and Egypt. Between

1997-2001, 253 suspected criminals were extradited

from the UAE and 96 suspected criminals were

extradited to the UAE. Post does not have statistics

covering post-2001 extraditions. In some cases,

extradition was performed to and from countries with

which the UAEG does not currently have an extradition

treaty.

Over the past few years, UAEG authorities have

discussed extradition treaties with Azerbaijan,

Pakistan, Russia, France, Germany, Australia, South

Africa, the US, and Yemen.

The UAEG also has mutual legal assistance treaties in

criminal matters with a number of countries. In some

cases, mutual legal assistance was exchanged with

countries with which the UAEG does not currently have

a mutual legal assistance treaty. The USG and UAEG

have exchanged mutual legal assistance treaty

documents in 2003 and will likely continue treaty

negotiations this year.

To our knowledge, the UAEG has not requested

extradition or granted extradition in a case of

trafficking in persons. Based on the UAEG's record on

extradition and mutual legal assistance in criminal

matters, it is expected that the UAEG would request or

grant extradition and mutual legal assistance in

trafficking in persons cases.

UAEG extradition of a UAE citizen to another country

is unlikely absent extreme extenuating circumstances.

For example, there is reportedly a clause in the UAE-

India extradition treaty, included at the UAEG's

request, wherein both nations agreed not to extradite

their own nationals to the other.

-- J. Is there evidence of government involvement in,

or tolerance of, trafficking, on a local or

institutional level? If so, please explain in detail.

There is no firm evidence of government involvement in

or tolerance of trafficking, whether on a local or

institutional level. There have been some unverified

anecdotal reports that some lower-level officials may

look the other way as traffickers bring their victims

into the country. There are other, similar unverified

reports that some police may "tip off" certain clubs,

bars or hotels before a sting. There is no evidence

to confirm any of these reports, and there is no deep-

seated culture of corruption in the UAE Government.

-- K. If government officials are involved in

trafficking, what steps has the government taken to

end such participation? Have any government officials

been prosecuted for involvement in trafficking or

trafficking-related corruption? Have any been

convicted? What actual sentence was imposed? Please

provide specific numbers, if available.

There have been no credible cases reported of

government officials involved in trafficking. Based

on previous cases of investigation and prosecution of

government officials for criminal offenses, it is

expected that the UAEG would investigate and prosecute

government officials suspected of trafficking or

trafficking-related corruption.

-- L. Has the government signed, ratified, and/or

taken steps to implement the following international

instruments? Please provide the date of

signature/ratification if appropriate.

A. ILO Convention 182 Concerning the Prohibition and

Immediate Action for the Elimination of the Worst

Forms of Child Labor:

The UAEG ratified ILO Convention 182 Concerning Worst

Forms of Child Labor on 28 June 2001.

B. ILO Conventions 29 and 105 on Forced or Compulsory

Labor:

The UAEG ratified ILO Convention 29 Concerning Forced

Labor on 27 May 1982.

The UAEG ratified ILO Convention 105 Concerning

Abolition of Forced Labor on 24 February 1997.

C. Optional Protocol to the Convention on the Rights

of the Child on the Sale of Children, Child

Prostitution, and Child Pornography:

The UAEG ratified the UN Convention on the Rights of

the Child on 3 January 1997, but has not ratified its

supplemental Option Protocol on the Sale of Children,

Child Prostitution, and Child Pornography.

D. The Protocol to Prevent, Suppress and Punish

Trafficking in Persons, especially Women and Children,

Supplementing the UN Convention against Transnational

Organized Crime:

The UAE acceded to the UN Convention Against

Transnational Organized Crime in December 2002.

Justice Ministry officials report that the UAE is

reviewing and will likely sign the following

supplemental protocols soon: (1) the Supplemental

Protocol to Prevent, Suppress and Punish Trafficking

in Persons, Especially Women and Children; and (2)

the Supplemental Protocol Against the Smuggling of

Migrants by Land, Sea and Air.

E. Other Instruments:

The UAEG has also ratified or acceded to the following

international instruments that help directly or

indirectly guard against trafficking in persons.

(Note: Date of ratification or accession in

parentheses. End note.)

--UN International Convention on the Elimination of

All Forms of Racial Discrimination (acceded 20 June

1974).

--Convention Against Slavery (ratification date

unknown).

--ILO Convention 1 Concerning Hours of Work for

Industry (ratified 27 May 1982).

--ILO Convention 81 Concerning Labor Inspection

(ratified 27 May 1982).

--ILO Revised Convention 89 Concerning Night Work for

Women (ratified 27 May 1982).

--ILO Convention 100 Concerning Equal Remuneration

(ratified 24 February 1997).

--ILO Convention 111 Concerning Discrimination in

Employment and Occupation (ratified 28 June 2001).

--ILO Convention 138 Concerning Minimum Age for

Employment (ratified 2 October 1998).

--------------

7. PROTECTION AND ASSISTANCE TO VICTIMS

--------------

-- A. Does the government assist victims, for

example, by providing temporary to permanent residency

status, relief from deportation, shelter and access to

legal, medical and psychological services? If so,

please explain. Does the country have victim care and

victim health care facilities? If so, can post

provide the number of victims placed in these care

facilities? Are trafficking victims offered HIV/AIDS

screening or otherwise tested for HIV/AIDS? If so,

what are the results?

The Government provides assistance and protection to

victims, including victims of trafficking in persons.

Counseling services are available in public hospitals.

While the UAE has no "safehouses," authorities have

worked with embassies and NGOs to provide shelter

facilities, either in hotels or in embassies and

consulates. Police Departments also provide shelter

facilities for victims separate from the general

prison population. Those sheltered in police

facilities receive free medical care.

UAE Code of Criminal Procedures Arts. 14 and 22

provide for legal assistance for victims.

The following victim protection and assistance

services in Dubai Emirate are particularly notable

because almost all women traveling to the UAE for

purposes of prostitution, whether forced or otherwise,

reportedly travel to Dubai.

Each Dubai police station is staffed with a human

rights officer and a social worker/counselor from

Dubai Police's Human Rights Department. These

officers and social workers/counselors are available

to assist complainants and victims.

In 2002, the Dubai Police Human Rights Care Department

developed a Crime Victims' Assistance Program, which

includes the creation of Victim Assistance

Coordinators and police training in victim protection

and assistance. In March 2003, Victim Assistance

Coordinators were assigned to police stations. Victim

Assistance Coordinators' responsibilities include

advising victims about the criminal justice system and

criminal procedure; encouraging witness testimony,

especially in cases like sexual abuse and trafficking

in persons where victims are reluctant to speak out;

advising victims of their rights; providing counseling

and medical care; placement in a hotel or shelter; and

follow-up with victims as the case proceeds to trial.

The Dubai Tourist Security Department operates a 24-

hour toll-free hotline telephone number to assist

visitors with inquiries or problems. The Department

publishes information on the hotline and precautionary

measures for visitors in a brochure that is

distributed at all ports of entry and other locations,

including source country missions.

The Women's Da'waa Administration in the Dubai

Department of Awqaf and Islamic Affairs also operates

a hotline especially geared toward women and children.

Operating since July 2002, the hotline is open to all

nationalities living in all emirates. The hotline is

open from 8:00 a.m. to 9:00 p.m., Saturday to

Wednesday, but will take emergency calls on Thursday

and Friday (the UAE weekend).

-- B. Does the government provide funding or other

forms of support to foreign or domestic NGOs for

services to victims?

The Government provides funding for most or all local

NGOs, and works with foreign NGOs to provide

assistance to trafficking victims.

-- C. Is there a screening and referral process in

place, when appropriate, to transfer victims

detained, arrested, or placed in protective custody

by law enforcement authorities to NGOs that provide

short- or long-term care?

Authorities regularly work with source country NGOs

to assist in the humane repatriation of victims to

their home countries. Screening and referral

processes are in place at police stations to

determine, through interviewing, which individuals in

custody are victims of trafficking and require

protection and assistance. Police departments work

with embassies and consulates to provide further

assistance. While law enforcement has regularly

transferred trafficking victims to the protective

care of NGOs outside the UAE, there are no reports in

2003 of police officials transferring custody to

local NGOs.

-- D. Are the rights of victims respected, or are

victims also treated as criminals? Are victims

detained, jailed, or deported? If detained or jailed,

for how long? Are victims fined? Are victims

prosecuted for violations of other laws, such as those

governing immigration or prostitution?

Rights of victims are generally respected, once

identified as victims. There have been some reports,

however, of cases where victims were never identified

as such, and instead were treated as criminals.

Individuals identified as victims are not detained,

jailed or deported. Individuals identified as

victims are also not prosecuted for violations of

other laws, such as those governing immigration or

prostitution, if commission of such offenses is

determined to have occurred beyond their control,

which would be the case for most trafficking victims.

For example, law enforcement officials stated that

they would not prosecute a victim of forced

prostitution for prostitution. And, immigration

officials indicated that victims would not be

prosecuted for immigration violations if, for

example, they overstayed in the country illegally

because a trafficker had seized their passports.

Police encourage victims to testify against their

traffickers, and they are provided assistance in

housing and employment during the proceedings.

However, police have reported that in most cases,

victims choose to be immediately repatriated to their

home countries.

-- E. Does the government encourage victims to assist

in the investigation and prosecution of trafficking?

May victims file civil suits or seek legal action

against the traffickers? Does anyone impede the

victims' access to such legal redress? If a victim is

a material witness in a court case against the former

employer, is the victim permitted to obtain other

employment or to leave the country? Is there a victim

restitution program?

Law enforcement officials report that they advise

victims of their rights and encourage witness

testimony, especially in cases like sexual abuse and

trafficking in persons where victims are reluctant to

speak out. Police will assist victims who choose to

stay in the UAE with locating appropriate housing and

temporary employment opportunities.

Before or during a criminal trial, a victim may claim

financial compensation or "diya", which is granted as

part of defendant's sentence. Victims may also file

civil suits for damages.

Foreign diplomats indicate that victims have been

permitted to give sworn testimony and leave the

country before judgment was rendered.

-- F. What kind of protections is the government able

to provide for victims and witnesses? Does it provide

these protections in practice?

The government is able to provide protections for

victims and witnesses, and does provide these

protections in practice.

UAE Code of Criminal Procedures Arts. 14 and 22

provide for legal assistance for victims.

Authorities have worked with NGOs to provide shelter

facilities for victims. Victims may also seek

shelter from their embassies and consulates. Police

Departments also provide shelter facilities for

victims separate and apart from jail facilities, and

have also arranged for shelter in hotels.

-- G. Does the government provide any specialized

training for government officials in recognizing

trafficking and in the provision of assistance to

trafficked victims, including the special needs of

trafficked children? Does the government provide

training on protections and assistance to its

embassies and consulates in foreign countries that are

destination or transit countries? Does it urge those

embassies and consulates to develop ongoing

relationships with NGOs that serve trafficked victims?

The UAEG senior leadership has repeatedly requested

information on training opportunities that

specifically address combating trafficking in

persons, to help law enforcement officials,

prosecutors and judges better identify, investigate

and prosecute trafficking in persons cases.

In March 2003, the Dubai Human Rights Care Department

ran a five-day victim assistance training course for

18 individuals from police investigations,

immigration, social assistance, the moral directive

department, and police stations around Dubai.

Lecture topics included: How to protect juvenile

victims; Criminal investigation procedures to

determine if someone in custody is a TIP victim;

Study of the Labor Law; Psychology of victims of

crime; and Rights of victims.

In May 2004, the Abu Dhabi Police College, with

guidance from the IOM, Post, and G/TIP, will conduct

an anti-TIP training seminar. Also in May and with

the support of the IOM, Post and G/TIP, the MFA will

host an anti-TIP workshop for ministries, law

enforcement officials, and source country

representatives. From May 20 - June 10, 2004, a

representative from the Ministry of Interior's Legal

Affairs Department will participate in an anti-

trafficking in persons IV program in Washington, D.C.

Ministry of Justice officials reported that the

Ministry's Institute of Judicial Training and Studies

conducts mandatory classes for prosecutors and judges

on proper victim care and assistance. The Institute

also conducts mandatory specialized classes (with

course duration in parentheses) on the following

topics: human rights (14 hours); sexual offenses (20

hours); offenses against life (20 hours); immigration

offenses (20 hours); juvenile protection and

delinquency (30 hours); labor violations and offenses

(12 hours).

-- H. Does the government provide assistance, such as

medical aid, shelter, or financial help, to its

repatriated nationals who are victims of trafficking?

There are no reports of UAE nationals being

trafficked outside of or within the UAE. Considering

the UAEG's record of numerous services provided to

citizens at little to no cost, it is expected that

the UAEG would provide generous assistance to

repatriated UAE nationals who are victims of

trafficking, if such a situation were to occur.

-- I. Which NGOs, if any, work with trafficking

victims? What type of services do they provide? What

sort of cooperation do they receive from local

authorities?

The Government cooperates and coordinates with NGOs

in providing assistance to trafficking victims. For

example, Abu Dhabi police officials have worked with

the Pakistan-based Ansar Burney Foundation, a non-

governmental organization dedicated to improving

human rights in South Asia, in providing shelter to

and assisting in the repatriation of rescued children

brought to the UAE to work as camel jockeys. The

UAEG also works with several other South Asian NGOs

that address the camel jockey issue, in order to

humanely repatriate the boys. The UAEG also works

with the International Center for Women's Rights and

the United Nations regularly, as well as other NGOs

as cases arise.

WAHBA

UAE: 2004 TRAFFICKING IN PERSONS REPORT

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