COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS THE REPORT OF THE UNITED ARAB EMIRATES
The Committee on the Elimination of Discrimination against Women today considered the combined second and third periodic report of the United Arab Emirates on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Maitha Salem Al Shamsi, Minister of State, introducing the report, said that the State party supported international efforts to achieve equality in the enjoyment of the right to education of girls, which was essential to women’s empowerment, including through Dubai Cares initiatives. The United Arab Emirates was also part of international efforts to end sexual violence in conflicts. An updated National Strategy for the Empowerment of Emirati Women for 2015-2021 had been launched by Sheikha Fatima bint Mubarak and provided a framework for the Government, the private sector and civil society organizations to rank the United Arab Emirates among the most advanced countries in the area of women’s empowerment. The State party had significantly reduced maternal mortality, and now had the lowest rate in the region, and one of the lowest rates in the world.
In the interactive dialogue which followed, Committee Experts asked multiple questions about the status and treatment of non-citizen women, in particular migrant domestic workers, the sponsorship system and the conditions of their work. Experts wanted to know whether women in the Emirates still needed the authorization of their husbands in order to enter the labour market or to travel. Questions were also asked on maternal care, abortion, access to contraception, refugees and stateless persons, access of women to education, marriage and divorce regulations, polygamy and the role of male guardians.
In concluding remarks, Ms. Al Shamsi thanked the Experts for the constructive dialogue. Their questions were in depth and their comments were aimed to ensure the best for women in the United Arab Emirates. All the representatives of civil society were thanked.
The delegation of the United Arab Emirates included representatives of the Ministry of State, Ministry of Foreign Affairs, Ministry of Labour, Ministry of Social Affairs, Ministry of Culture, Youth and Community Development, Ministry of Justice, International Cooperation Department, Family Development Foundation, “EWAA” Centre, Dubai Foundation for Women, General Women’s Union and the Permanent Mission of the United Arab Emirates to the United Nations Office at Geneva.
The next public meeting of the Committee will take place on Friday, 6 November at 10 a.m., when it will consider the seventh periodic report of Malawi (CEDAW/C/MWI/7).
Report
The combined second and third periodic report of the United Arab Emirates can be found here: CEDAW/C/ARE/2-3.
Presentation of the Report
MAITHA SALEM AL SHAMSI, Minister of State, said that the delegation of the United Arab Emirates included many members who had taken part in the preparation of the report and represented all sectors in the country. The United Arab Emirates had become a party to the Convention in 2004 and presented its first periodic report in 2008. The United Arab Emirates had been elected to serve on the Executive Board of UN Women for two terms, and had contributed significant resources to the budget of UN Women.
The State party supported international efforts to achieve equality in the enjoyment of the right to education of girls, which was essential to women’s empowerment, including through Dubai Cares initiatives. The United Arab Emirates was participating in international efforts to end sexual violence in conflicts. In 2013, the country had contributed $ 1.5 million to support the Government of Somalia’s efforts to combat sexual violence in conflicts. At the domestic level the Government believed that the empowerment of women was fundamental for its development as a modern and progressive society. Women participated on an equal basis in every facet of civic, economic and political life. Her Highness Shaikha Fatima bint Mubarak had exerted numerous efforts during four decades to create opportunities to empower women and strengthen their capacity, and help ensure their dignity, freedom and equality.
The updated National Strategy for the Empowerment of Emirati Women for 2015-2012 had been launched by Sheikha Fatima bint Mubarak and provided a framework for the Government, private sector and civil society organizations to rank the United Arab Emirates among the most advanced countries in the area of women’s empowerment, noting that all contents of that strategy were consistent with relevant international conventions. The State party had implemented a number of initiatives to strengthen the enjoyment of human rights by women in line with its constitution and the Convention. The establishment of the United Arab Emirates Gender Balance Council aimed at reducing the gender gap in all sectors of society. It also aimed at achieving gender balance in decision-making centres. Ways were being looked at on how to give mothers access to quality maternal health care in crises to contribute to the next global strategy of the United Nations’ Every Woman, Every Child Initiative. The United Arab Emirates ranked 40th in the world in the 2014 United Nations Human Development Index, and 20th in the 2015 World Happiness Report.
The State party had significantly reduced maternal mortality, and now had the lowest rate in the region, and one of the lowest rates in the world; it now stood at eight in every 100,000 births. Infant mortality had dropped to seven per each 1,000 births. In education, the United Arab Emirates had essentially reached equality between men and women. Women constituted 71.6 per cent of the students in State universities and 50.1 per cent in private universities and colleges. They made up 70 per cent of college graduates, which was among the highest figures in the world. Women also occupied two-thirds of public sector jobs, including 30 per cent of senior leadership positions. Women held 60 per cent of technical jobs in medicine, teaching, pharmacy and nursing. Female business owners constituted 15 per cent of the members of the boards of directors of the chambers of commerce and industry in the country.
Ms. Al Shamsi stated that women had reached high levels of a prestigious scientific and academic capacity and had realized practical efficiency in the areas of technical and technological development. They had joined the military and police corps and had been promoted up to the rank of brigadier in the Armed Forces. Civil society organizations had played a pioneering role in advancing the role of women in the development process. Those organizations’ contribution was also significant in protecting women’s rights and helping them overcome any social and cultural obstacles they might encounter. Women constituted 54 per cent of members of all civil society organizations.
Questions by Experts
An Expert said that the Constitution provided for the equal treatment of all citizens, but did not refer to the equality between women and men, or define discrimination on the basis of gender. What measures was the Government planning to take in order to address such discrimination?
The Expert asked for clarification on the status of the Convention in the domestic legal order. There was some evidence that in some cases courts had gone beyond codified laws and imposed sentences of stoning and lashing. Was the State party planning to remove its objections to some parts of the Convention?
What steps were being taken by the State party to follow the implementation of the concluding observations of the Committee?
Many non-citizen women remained uninformed of their rights; female domestic workers were often very vulnerable to mistreatment. It was important to have guarantees for access to justice for non-citizens, especially given their large presence in the country.
How about the rights of independent women’s groups in the United Arab Emirates?
What was being done to ensure that the benefits of economic development benefited all, an Expert asked.
Had any comparative studies been undertaken with other countries which were members of the Organization of Islamic Cooperation?
Replies by the Delegation
Regarding the question on the reservations, it was explained that the United Arab Emirates was in the process of studying some of those that were not in contradiction with the Sharia laws. A committee established in 2006 followed on recommendations issued by the Universal Periodic Review, and was also looking into lifting reservations to the Convention. Comparative studies had indeed been undertaken.
The rights of women, whether mothers or spouses, were ensured by the Constitution. It also ensured the equal right to work for both men and women. Further, women had an additional right to financial independence, regardless of the source – inheritance or work.
Turning to the issue of foreign women working in the country, the delegation said that uniform national contracts sought to cover all aspects of their work, including the sponsorship system and the right to time off. Repatriation of the body in case of death was also regulated. It was possible to add measures to the existing laws.
Questions by Experts
An Expert asked about the status of the Women’s Union and what kind of human and material resources it had at its disposal. What was the Union doing to facilitate access to the legal system?
What about the complaints mechanism? Could the Union help women in that regard?
She asked about the use of special temporary measures to increase the equality between men and women. Had such measures been taken to combat multifaceted, complex discrimination?
Replies by the Delegation
A delegation explained that there were several mechanisms in place, including one council on women and children and another on gender parity. In 1975, the General Women’s Union had been established as a quasi-governmental organization. It coordinated the National Strategy for Women and had more than 100 staffers.
Today, the tasks incumbent upon the body had broadened and increased. It had also contributed to capacity building of women. The General Women’s Union did not have executive powers, but was rather acting as a coordinator. Women were part of all sectors and the implementation of the Convention was a joint effort, the delegation said.
It was explained that many special measures had been taken, and a gender balance council had been established. The General Women’s Union was part of that council. All women, including women with disabilities, should be considered on the same footing with men. In 2015, women represented 15.4 per cent of board members of public companies.
The Women’s Union had a complaints mechanism; it collected complaints electronically and followed them up with the relevant authorities. Awareness-raising campaigns for women to understand their rights were also being conducted.
The Gender Balance Council was a new institution in charge of ensuring gender balance across board.
Questions by Experts
An Expert asked whether there was any information on measures taken on negative paternal attitudes towards women. What about efforts aimed at civil society and religious leaders to combat stereotypes harming women and girls?
Early marriage ought to be further combatted. Could the delegation talk about the awareness raising campaigns conducted by civil society organizations in that regard?
Another Expert stressed that equality rather than equity was the goal of the Convention. Violence against women was a violation of human rights and a crime. Did the State party plan to introduce a law on domestic violence and were there any obstacles to this? What was the role of the media?
The exploitation of migrant workers was a worrying phenomenon which ought to be tackled.
The Expert asked for statistical data on reported crimes against migrant workers. Often times, female domestic workers could not flee because their documents were confiscated and they were threatened. The role of the Government was to follow up on perpetrators of those crimes.
What efforts were being carried out by the Government to influence the demand for prostitution and sexual exploitation of foreign women?
Could the delegation comment on the deportation of female victims of trafficking?
More information was sought on the curricula in both private and public education facilities.
Replies by the Delegation
The delegation said that there were not many stereotypes in the country. Women were present in all sectors and played a full role there. The National Strategy affirmed parity between men and women. Of course, the media had a role to play in transmitting the positive image. Macho images were not promoted in the United Arab Emirates. The Head of State had said that inequality between men and women did not exist. Women did not feel inferior in the country, but had an equal status.
On early marriages, a delegate stated that women needed to be eligible for marriage, and that eligibility started at the age of 18. Any marriage contract had to be formalized by marriage registrars and take that criterion into consideration. No marriages under 18 had been reported in the United Arab Emirates.
Responding to the questions on prostitution and trafficking, the delegation said that trafficking was used for exploitation in prostitution or forced labour. In 2006, a law on human trafficking had been promulgated, and an institution against human trafficking had been established. The focus was on all the industries which hired women labourers.
The United Arab Emirates had made long strides in combatting human trafficking, a delegate said. The National Committee for Combatting Trafficking in Human Beings had a full strategy in place to protect victims, and a series of shelters had been established across the country, including for male victims in the Abu Dhabi Emirate. Each victim was assigned a psycho-social advisor. Social programmes based on the victims’ needs were developed, and their impact on individual behaviour was monitored. Victims could be sent to their countries or resettled if they so wished, and their situations were followed up upon their departure.
Violence against women was defined as any activity that could cause mental or physical damage to women. All services were provided to all women victims of violence, regardless of their nationality, race or religion. The rehabilitation of victims was one of the services offered. Help hotlines were in place to provide immediate help to women victims. There was a bill in the pipeline to address domestic violence.
Social policies focused on the protection of women, including female domestic workers, had been developed. Social support centres were completely independent from police offices and focused on prevention. Many complaints were received via free and confidential hotlines. Contacts were in place with Embassies of the migrant workers’ countries of origin.
No cases of abuse of women who had come through work permits had been detected. Labour inspectors paid close to 1,000 visits to workplaces every year. The United Arab Emirates closely monitored job descriptions and job offers; punishments were in place for those who used the marketplace for trafficking.
Since June 2014, employees could not leave their countries until they had received employment offers. When they arrived in the United Arab Emirates and began their work, they were subject to standard contracts, which were applicable to domestic workers as well. Employees had the right to better labour conditions than before.
Detailed information on the education charter and the curricula would be provided in writing.
Questions by Experts
The percentage of women in the Parliament had decreased in recent years, an Expert noted. Only four women held Cabinet positions at the moment. Details were asked about the final result of the parliamentary elections held in early October 2015.
Was there any data on the representation of women in local governments?
In the diplomatic field, there were only three women ambassadors. Were there plans to introduce temporary special measures to promote women in higher diplomatic positions?
A question was also asked about sex-disaggregated data, which was now largely missing.
Another Expert said that children of female citizens had the right to become full-fledged Emirati citizens and be able to apply for full nationality when they reached the age of 18. Women were still deprived of the right to pass the nationality of the United Arab Emirates to their husbands, which was discriminatory. Was there a strategy in that regard?
Could the delegation provide information on the number of stateless persons in the country, and were there plans in place to eradicate this?
Replies by the Delegation
It was explained that the latest election had been held on 3 October 2015. One woman had been elected to the Supreme Council, the same as in 2005 and 2011. The result was clearly not satisfactory. The Government supported the cause of promoting women as much as possible.
Naturalization was a sovereign matter of the United Arab Emirates. There were only two categories of residents: lawful citizens and registered residents, and unlawful residents, who had entered illegally or had not regulated their status. For the latter category, a humane approach was in place, while taking in mind public interest. They were allowed to leave the country in a lawful way. Speaking of stateless individuals, the delegation said that those who were not regularized were found to be in contravention of the law. The State regularly set deadlines for the regularization of papers, without criminal responsibility. In 2014, there had been no stateless persons in the State party.
Statistical data, broken down by sex, was available and would be sent to the Committee.
Over the past four decades, women had made significant gains in all spheres of life. Examples were provided of high-ranking women in some of the Emirati local councils and the national diplomatic network.
Questions by Experts
An Expert commended the State party for making education compulsory until the age of 18. Given that it was now a legal requirement, was there a capacity to absorb those students who earlier used to fall out of the education system?
Could the delegation provide information on the fields of study by females and what was being done to promote their education and subsequent employment in “non-traditional” fields?
Sexual abuse had to be criminalized and its perpetrators duly punished. What was being done to operationalize that earlier recommendation by the Committee?
Another Expert asked about any reports on discrimination against women in the labour market.
The International Labour Organization shared many concerns of the Committee, the Expert said. Could foreign workers change their employers without losing their visas?
Was maternal care free of charge to all citizens and registered foreigners?
Data should be provided on the number of women and girls who had undergone abortion. What was the procedure when women sought help following a miscarriage?
Were modern contraceptive methods widely available and covered by health insurance?
Domestic workers who tested positive to HIV upon arrival were reportedly imprisoned and deported, an Expert said. Those migrants who tested positive were put into jail-like cells, provided no treatment, deported and not allowed to enter ever again.
What was the State doing to include age-appropriate sexual education in the curricula? How did the scientific approach to reproductive and sex education, to which the delegation referred, work? How were the teachers trained on that subject?
Was maternal care free for all citizens, especially rural women?
Was the State party going to do away with a prior authorization for women to work?
If there was still a practice of passport confiscation by employers, did the authorities plan to do anything about it?
Labour markets were segregated universally, not only in the United Arab Emirates. If the State party continued to “guide” girls to certain professions, it would continue to reinforce the age-old stereotypes.
Replies by the Delegation
A delegate responded that the rights for men and women were viewed on an equal footing; access to justice was equally available to both sexes. Facilitation call centres received complaints from workers in 12 languages every day between 8 a.m. and 8 p.m. No complaints had been received with regard to equal pay for equal work, but it was completely allowed to launch such complaints.
Domestic workers were covered by civil procedure codes which governed social relations, as well as by their employment contracts. Monitoring was ensured to avoid any abuses of the system, mistreatment or violation of labour conditions. The sponsorship system was a legal system in place in many countries. It governed the entrance and defined the time that a foreigner could spend in the country. There was an employment link between the employer and the employee, and the rights of the employee were contained in the employment contract. A worker could end the contract and leave the country. In case of death, the deceased had to be repatriated with all of his or her belongings.
Domestic workers were entitled to one day off per week, annual leave and sick leave. Health insurance in Dubai and Abu Dhabi was comprehensive and covered foreign domestic workers. In the remaining five States if the United Arab Emirates, employers had to provide health insurance cards so that employees could be covered in public hospitals.
Whereas between 2009 and 2014, the employment for men had increased by an annual rate of five per cent, in the same period women’s employment in the private sector had increased by 50 per cent.
All spheres of specialized education were open to women and there was nothing that hindered their entrance into technical and other schools, a delegate explained.
The delegation informed that the State party had shown tireless commitment in fighting domestic violence. The terms of the law were very clear there: no impunity was allowed in that area. What kind of authorities would allow children to be hit or harassed? When a complaint was recorded, all necessary measures were taken.
The Penal Code criminalized abortion and there were sanctions in place. Factors such as consequences for the mother’s health if the pregnancy continued and the malformation of the foetus were taken into consideration, and then abortion might be allowed. The interest of the mother prevailed over the interest of the unborn child.
The authorities were doing their best to ensure that universities had the capacity to accommodate all those who wanted to undertake high studies. Seventy per cent of students in engineering universities were women, the delegation clarified. The right to education applied to all of the Emirati citizens. All university graduates were able to find jobs.
Women, citizens or non-citizens, no longer needed to have the authorization of their husband to work in the private or public sector, the delegation stressed.
The State party was well aware of the risk of exploitation. Passport exploitation was explicitly prohibited and deemed illegal. Actions had been taken by the courts, and a number of employers had been forced to hand back confiscated passports.
One could not improve working conditions without having some partnerships. The United Arab Emirates had twelve memoranda, including with India, Pakistan and the Philippines, the main labour-exporting countries.
Many people of many nationalities were attracted to the United Arab Emirates. They needed to submit medical certificates from their countries proving good health and that they would not be a threat to other people. If prospective domestic workers were infected with HIV, preventive measures needed to be taken for the sake of the health of Emirati citizens.
The Federal Health Authority was responsible for reproductive health and family planning. Hospital centres were available in all seven States of the United Arab Emirates. A number of bodies worked on raising girls’ awareness on good health, good nutrition for babies, etc.
Questions by Experts
The status of women with disabilities was raised by an Expert.
More information was sought about women living in rural or remote areas.
The United Arab Emirates had not acceded to the 1951 Refugee Convention, but was there an endeavour to establish a dialogue with the United Nations Refugee Agency on the issue of stateless persons?
Replies by the Delegation
Through strategic partnerships, the authorities had developed social inclusion policies for persons with disabilities, which were at the stage of approval. Comparative studies had been conducted on how to perform full rehabilitation of persons with disabilities. Women with disabilities had their place in both the public and private sectors.
Social services were provided to stateless persons.
There were no unpopulated or remote rural areas in the country. All had access to the state-of-the-art technologies. Many services were provided through mobile phones.
With respect to refugees, the State party was ready to undertake humanitarian initiatives. Through the Red Crescent institutions, many initiatives had been launched to help persons in need, regardless of their colour, race or creed. Human giving was more important than any convention, the delegation emphasized.
Questions by Experts
An Expert asked how the reservations to Article 15 affected the freedom of movement for Emirati women. Could they travel freely inside and outside the country, and obtain passports without problems?
It was commendable that there was a minimum age of 18 for marriage, but there was information that there were still unregistered early and forced marriages. Was there any data in that regard?
Male guardianship meant that women could not make autonomous decisions on whom and when they married – could the delegation comment?
Men could divorce unilaterally, while women had to go to courts and argue their case, which was discriminatory. Could figures be provided on who asked for divorce and why?
The Expert also asked about custody and how the existing stereotypical roles there could be combatted.
Polygamy was permissible under the Emirati law. Were there any plans to approach that matter? Was the State party doing anything to discourage it, if not prohibit it?
Replies by the Delegation
The Marriage Fund, established in 1992, provided financial grants to young people, men and women, so that they could start their marriage without financial impediments. It also conducted family awareness campaigns.
The delegation was confident about the statistics which showed only a very few cases of early marriages. The issue was late rather than early marriages: many would get married only after the age of 30.
Incidence of divorce did not exceed 24 per cent, which was among the lowest rates in the Arab world. A man could not impose marital life if the wife saw otherwise. The judiciary understood that sometimes divorce was a better solution than an unsuccessful marriage. The Marriage Fund provided marital counselling to spouses who sought divorce.
No legal guardian could impose a choice on the woman. If a marriage contract was concluded, the woman would need to authorize her guardian to do so.
Custody was not always established through court decisions. Sometimes it was done through the agreement of the parents. When the husband divorced his wife, he had to provide support to her, sometimes as much as half of his income.
There were no constraints or bans on women travelling, be they citizens or not, unless there was a court decision prescribing otherwise. Various provisions could be included in the marital contract. Marriage was an understanding between equals and there was no coercion there. A woman who left home to work was not seen as rebelling and that was not seen as a cause for divorce.
Any person had legal capacity unless so limited by law, for categories such as mental illness or age. Marriage was directly concluded, and the only persons who could say no or yes were the young man and the young woman. There was no guardianship with regard to marriage.
Concluding Remarks
MAITHA SALEM AL SHAMSI, Minister of State, thanked the Experts for the constructive dialogue. Their questions were in depth and their comments were aimed to ensure the best for women in the United Arab Emirates. All the representatives of civil society were thanked as well.
For use of the information media; not an official record
CEDAW15/039E