Identifier
Created
Classification
Origin
05ABUDHABI3297
2005-07-27 10:07:00
UNCLASSIFIED
Embassy Abu Dhabi
Cable title:  

UAE TIP ACTION PLAN UPDATE: PROSECUTIONS

Tags:  PHUM ELAB ETRD KJAN TC 
pdf how-to read a cable
null
Diana T Fritz 08/28/2006 04:28:18 PM From DB/Inbox: Search Results

Cable 
Text: 
 
 
UNCLAS ABU DHABI 03297

SIPDIS
CXABU:
 ACTION: POL
 INFO: MEPI P/M PAO ECON RSO AMB DCM

DISSEMINATION: POL
CHARGE: PROG

APPROVED: AMB:MJSISON
DRAFTED: POL:JFMAYBURY
CLEARED: CG:JDAVIS

VZCZCADI576
RR RUEHC RUEHZM RUEHAE RUEHKA RUEHDBU RUEHIL
RUEHKH RUEHNK RUEHDE
DE RUEHAD #3297/01 2081007
ZNR UUUUU ZZH
R 271007Z JUL 05
FM AMEMBASSY ABU DHABI
TO RUEHC/SECSTATE WASHDC 0869
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE
RUEHAE/AMEMBASSY ASMARA 0060
RUEHKA/AMEMBASSY DHAKA 0244
RUEHDBU/AMEMBASSY DUSHANBE
RUEHIL/AMEMBASSY ISLAMABAD 1418
RUEHKH/AMEMBASSY KHARTOUM 0025
RUEHNK/AMEMBASSY NOUAKCHOTT 0044
RUEHDE/AMCONSUL DUBAI 5269
UNCLAS SECTION 01 OF 04 ABU DHABI 003297 

SIPDIS

STATE FOR G, G/TIP, INL, DRL, NEA/RA, AND NEA/ARPI
STATE ALSO PASS TO USTR

E.O. 12958: N/A
TAGS: PHUM ELAB ETRD KJAN TC
SUBJECT: UAE TIP ACTION PLAN UPDATE: PROSECUTIONS

REF: A. STATE 99833


B. ABU DHABI 3194

C. DUBAI 3469

UNCLAS SECTION 01 OF 04 ABU DHABI 003297

SIPDIS

STATE FOR G, G/TIP, INL, DRL, NEA/RA, AND NEA/ARPI
STATE ALSO PASS TO USTR

E.O. 12958: N/A
TAGS: PHUM ELAB ETRD KJAN TC
SUBJECT: UAE TIP ACTION PLAN UPDATE: PROSECUTIONS

REF: A. STATE 99833


B. ABU DHABI 3194

C. DUBAI 3469


1. Summary: With one week to go before the end of the 60-day
TIP action plan assessment period, the UAE continues to make
progress in addressing the suggested steps in the action plan
(ref A). The UAEG has provided data on 19 investigations and
prosecutions of persons of different nationalities
responsible for human trafficking, and we are expecting more
such data in the coming days. The number of underage camel
jockeys identified has risen to 630, and the number of boys
who have been repatriated to source countries has increased
from 111 to 169. We are also learning for the first time
that Dubai authorities have shut down 39 hotels and a number
of massage parlors and night clubs as part of their efforts
to end the exploitation of women. The UAEG also informed us
that authorities monitor the problem of domestic worker abuse
and the courts hand out stiff sentences to those accused of
abuse. The local press continues to run stories almost daily
about the government's actions to protect workers from
employers who do not live up to their responsibilities.


2. Summary continued: The following is a review of progress
made since our July 19 update on the mini-action plan (ref
B),keyed to the six points in the action plan. It is based
on information provided to us by the UAEG. We are continuing
to encourage additional progress from our UAEG interlocutors
on a daily basis. End Summary.

NATIONAL COORDINATOR
--------------

Action Plan Recommendation: Appoint a national coordinator
with sufficient authority to oversee the implementation of
this mini-action plan.

UAEG Response: Completed (see ref A).

IDENTIFICATION AND PROTECTION FOR CAMEL JOCKEYS
-------------- --

Action Plan Recommendation: Identify and provide protection,
within the U.A.E., for at least 700 foreign child camel
jockeys that are trapped in exploitation and begin providing
them with appropriate rehabilitation, repatriation, and
reintegration services. The number of victims identified and
protected at
government-provided shelters or elsewhere will be verified by
the International Organization for Migration or UNICEF.

UAEG Response:

NEW DEVELOPMENT: 630 BOYS HAVE NOW BEEN IDENTIFIED (SEE
BELOW).

(Note: On May 8, 2005, the UAE Ministry of Interior and
UNICEF signed a project agreement for identifying, rescuing,
rehabilitating and reintegrating up to 3,000 children
estimated to be in the UAE working in the camel jockey
industry. Since June 2, the UAE has established three
shelters in Abu Dhabi for housing and rehabilitating children
rescued from camel farms. While at the shelters, the
children receive health, psychological, and social care in
order to prepare them for repatriation, according to
information provided by the UAEG.)

-- According to UAEG statistics through July 24, 630 boys
have been identified in the camel jockey industry.
Repatriation formalities of 318 cases have been finalized
under UNICEF supervision and in conjunction with source
country embassies. (Note: The UAEG says that 169 children
have been repatriated already, and that this was done "after
ensuring that the children have received their compensation
due from the date of their arrival in UAE up to the date of
their departure." End note) A breakdown by nationality of
those in the repatriation pipeline shows that 215 are from
Pakistan, 47 from Bangladesh, 40 from Sudan, 13 from
Mauritania, and 3 from Eritrea. In addition, there are 312
boys in the three shelters. The nationality breakdown for
those boys is as follows: 144 from Pakistan, 108 from
Bangladesh, 65 from Sudan, and 4 from Eritrea.

-- The Ministry of Interior has directed Infiltration Control
departments to raid places suspected of hiding children
employed as camel jockeys. This is done in conjunction with
investigation and follow-up sections in Immigration
Departments.

-- The Ministry of Interior has introduced a new Follow-Up
Section to monitor camel racing events. It reports directly
to the Under Secretary of the Ministry.

INVESTIGATION AND PROSECUTION
--------------

Action Plan Recommendation: Investigate and begin prosecuting
at least 10 persons responsible for the trafficking, abuse,
and exploitation of trafficked children in the camel racing
industry. Investigate and commence prosecution of at least 5
cases involving the trafficking of women for sexual
exploitation. Investigate and commence prosecuting at least
5 cases of abuse of foreign domestic workers and laborers.
Persons convicted should receive sufficient penalties
reflecting the heinous nature of trafficking crimes. All
investigations and prosecutions should be conducted with due
regard to individual human rights.

UAEG Response:

NEW DEVELOPMENT: INVESTIGATIONS AND PROSECUTIONS, INCLUDING 5
FOR TRAFFICKING CAMEL JOCKEYS, 9 FOR TRAFFICKING IN WOMEN,
AND 5 FOR ABUSES AGAINST DOMESTIC WORKERS; CLOSURE OF 39
HOTELS; REPATRIATION OF TAJIK WOMEN. (SEE BELOW)

(Note: On July 5, President Khalifa issued a federal law that
prohibits persons below age 18 from either sex from
participating in camel races, and subjects traffickers to
jail sentences not exceeding three years, and/or fines of not
less than 50,000 Dirhams, or $13,500. In the case of repeat
offenders, the penalties will be doubled. The law took
effect upon signature.)

-- The UAEG has provided us with evidence of 5 cases of
trafficking of underage camel jockeys that are being
investigated. All the cases are in Al Ain jurisdiction in
the Emirate of Abu Dhabi. A chart provides the case numbers,
names of the accused, names and nationalities of victims,
type of accusation, and status of investigation.

-- The UAEG has provided us with evidence of 9 cases of
trafficking in women, including three cases in Sharjah court
and six in Ajman court. A chart provides the case numbers,
names of the accused, type of accusation, and sentence. The
accusations include "directing a prostitution house,"
"exploitation of prostitution," and forcing women into
prostitution. Most of the cases resulted in jail sentences
and deportation, but one sentence was for a 3-year jail
sentence and 90 slashes with a whip. (Note: The trafficking
case reported in ref C was not reflected in the chart
provided to us by the UAEG. The Dubai Criminal Court is
prosecuting a "gang" consisting of five men and one woman on
charges of forcing an Indian woman into prostitution. We
will report septel any additional trafficking-related
prosecutions from Dubai after the Consul General's July 31
meeting with the Dubai Attorney General. End note.)

-- The UAEG has provided us with evidence of 5 cases of
abuses against domestic workers, including four from Al Ain
court in Abu Dhabi Emirate, and one from Al Ain religious
court. A chart provides the case numbers, names of the
accused, names and nationalities of victims, types of
accusations, and sentence. Four of the cases involved rape,
two involved alcohol, and one involved "disgrace by force."
In all cases the sentences handed down involved jail. The
case from the Al Ain religious court included both a life
sentence and financial compensation to the victim, while one
of the other cases included both a life sentence and 60 whips
for alcohol consumption.

-- The UAEG also informed us that 39 hotels were closed in
Dubai in addition to a number of night clubs and massage
parlors, in 2004 and 2005. Tourist bureaus that provided
tourist visas with the motive of exploiting women were also
closed.

-- The UAEG noted its cooperation with Tajik authorities to
repatriate trafficking victims to Tajikistan. The Tajik
women had entered the UAE with forged passports and had
misrepresented themselves, according to the UAEG.

MECHANISM FOR IDENTIFICATION AND PROTECTION OF VICTIMS
-------------- --------------

Action Plan Recommendation: Develop and implement a formal
mechanism for the systematic identification and protection of
trafficking victims, including women in sexual servitude and
women and men trafficked as domestic workers and laborers.
Expand the availability of hotlines for foreign workers to
report instances of abuse and to seek assistance.

UAEG Response:

NEW DEVELOPMENT: POLICE TRAINING CONFIRMED. (SEE BELOW)

-- The UAE Government is developing several systems for the
identification and protection of trafficking victims.
Several seminars have been organized by the Officers'
Training Institute in conjunction with the Police Research
and Studies Center to educate police officers about how to
follow up trafficking crimes, in addition to training courses
on how to detect trafficking crimes.

-- Special courses have been organized for prosecution staff,
judges, and other authorities. The courses will cover
investigations, combating trafficking, and identifying
trafficking victims.

ESTABLISHING SHELTERS; FORMAL PROTECTION
--------------

Action Plan Recommendation: Establish shelters in Abu Dhabi
and Dubai for trafficking victims, particularly for abused
domestic workers, women forced into sexual servitude, and
male laborers, where such victims can receive protection,
including counseling, medical, physiological, and other
appropriate rehabilitation assistance regardless of their
immigration status. Articulate how the U.A.E. government
will extend formal protection to domestic workers and other
laborers, currently without any protection outside of their
employment contracts.

UAEG Response:

NEW DEVELOPMENT: CONFIRMATION FROM UAEG THAT PROTECTION OF
DOMESTIC WORKERS EXISTS. (SEE BELOW)

-- The contract signed between domestic staff and the
employer is a civil contract which falls under civil
obligations law. However, there are some procedures which
fall under immigration law.

-- The Coordination and Follow-Up sections within the
Naturalization and Residence Department look into complaints
submitted by domestic workers in order to sort them out. If
they fail to settle the matter then they refer it to the
court.

-- In all cases the domestic worker before his/her final
departure signs a special form in the presence of an
authorized official stating that he/she has received all
financial dues and that he/she does not owe the employer
anything.

-- With respect to assault and abuse of domestic workers, the
cases are investigated then referred to the court. Some of
the cases receive severe punishments ) up to life
imprisonment.

PUBLIC AWARENESS CAMPAIGN
--------------

Action Plan Recommendation: Conduct broad public awareness
campaigns highlighting the rights and obligations of domestic
workers and laborers, and the consequence of abusing such
workers.

UAEG Response:

There continues to be a steady stream of newspaper articles
in the major daily papers intended to raise public awareness
about working conditions and workers' rights:

-- "Gulf News" July 26: The Ministry of Labor has temporarily
suspended any transaction it has with 97 different companies
that failed to observe the new mid-day break rule. The
Ministry plans to begin imposing fines in August. Companies
that violate the rule face fines of $2,700 and suspension of
transactions with the Ministry.

-- "Khaleej Times" July 26: The Ministry of Labor announced
that absconding laborers would be jailed for at least 30 days
before being deported. Companies employing such workers
illegally would be financially liable for each day the worker
spends in jail, would be fined $2,700 and blacklisted for
employing workers without valid visas.

-- "Khaleej Times" July 27: The Ministry of Labor will summon
the manager of a cleaning company to investigate the case of
9 Sri Lankan women who filed a complaint over non-payment of
salaries. The women were fired for expressing
dissatisfaction over harsh working conditions.

-- "Khaleej Times" July 26: The Director of Dubai
Naturalization and Residency announced a shelter for maids
who abscond from their sponsors because of ill treatment.

-- "Gulf News" July 20: The Dubai Economic Council Affairs
suggested that a center be established to provide shelter to
housemaids who have had disputes with their sponsors. It
also proposed the creation of a security fund for the labor
force.

-- "Khaleej Times" July 25: New employers will have to bear
the cost of transferring the visas of employees who change
sponsors. The Ministry of Labor warned that employers who
force the employee to pay the visa transfer fee will be
subject to penalties. Workers are still required to obtain a
"no objection" certificate from their former sponsor before
changing sponsors.

-- "Khaleej Times" July 20: The Ministry of Labor will launch
a new system for registering the labor force from the GCC
working in the private sector to ensure they receive social
security benefits from the UAEG.

COMMENT:
--------------


3. The UAEG has provided long-awaited evidence that it is
investigating and prosecuting cases involving human
trafficking, one of the key suggestions in the mini-action
plan. We will report via July 31 septel on Dubai
investigations and prosecutions, any updated camel jockey
data, and additional public outreach activities, including
public statements about workers' rights and responsibilities.

SISON