United Arab Emirates
The United Arab Emirates (UAE) is a federation of seven semiautonomous emirates with a resident population of approximately 9.4 million, of whom an estimated 11 percent are citizens. The rulers of the seven emirates constitute the Federal Supreme Council, the country’s highest legislative and executive body. The council selects a president and a vice president from its membership, and the president appoints the prime minister and cabinet. Sheikh Khalifa bin Zayed Al Nahyan, ruler of Abu Dhabi emirate, is president, although Crown Prince Mohammed bin Zayed Al Nahyan of Abu Dhabi exercises most executive authority. The emirates are under patriarchal rule with political allegiance defined by loyalty to tribal leaders, leaders of the individual emirates, and leaders of the federation. A limited, appointed electorate participates in periodic elections for the partially elected Federal National Council (FNC), a consultative body that examines, reviews, and recommends changes to legislation and may discuss topics for legislation. The FNC consists of 40 representatives allocated proportionally to each emirate based on population; half are elected members while the remainder are appointed by the leaders of their emirates. There are no political parties. The last election was in 2015, when appointed voters elected 20 FNC members. Citizens may express their concerns directly to their leaders through traditional consultative mechanisms such as the open majlis (forum).
Civilian authorities maintained effective control over the security forces.
Human rights issues included allegations of torture in detention; arbitrary arrest and detention, including incommunicado detention, by government agents; political prisoners; government interference with privacy rights; undue restrictions on free expression and the press, including criminalization of libel, censorship, and internet site blocking; substantial interference with the rights of peaceful assembly and freedom of association; the inability of citizens to choose their government in free and fair elections; and criminalization of same sex sexual activity, although no cases were publicly reported during the year. The government did not permit workers to join independent unions and did not effectively prevent physical and sexual abuse of foreign domestic servants and other migrant workers.
The government investigated, prosecuted, and brought to conviction cases of official corruption.
The United Nations, human rights groups, and others alleged UAE military operations as part of the Saudi-led Coalition in Yemen killed civilians, damaged civilian infrastructure, and obstructed delivery of humanitarian aid. Further, human rights groups alleged UAE-backed security forces in Yemen committed torture, sexual assault, and mistreatment against detainees. The government rejected allegations that members of its security forces serving in Yemen had committed human rights abuses, and there was no publicly available information on whether the government carried out any investigations into these reported incidents.
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of speech and of the press; however, the law prohibits criticism of national rulers and speech that may create or encourage social unrest; the government restricted freedom of speech and press.
Freedom of Expression: After the onset of widespread regional turmoil in 2011, authorities severely restricted public criticism of the government and individual ministers. The government continued to make arrests or impose other restrictions for speech related to and in support of Islamist political activities, calls for democratic reforms, criticism of or perceived insults against the government and government institutions, and, in rarer cases, criticism of individuals. In November the Supreme Court ruled that both online verbal and written insults are a prosecutable offense. In January the Federal Supreme Court upheld a 10-year jail sentence and 500,000 AED ($136,000) fine for a citizen who was found guilty of insulting and mocking one of the country’s leaders.
In other cases authorities brought individuals to trial for posting material on social media platforms. The material was considered a violation of privacy or personally insulting to acquaintances, colleagues, employers, or religions.
After the government severed diplomatic ties with Qatar in 2017, the General Prosecutor declared that showing any sympathy with Qatar or objecting to the government’s position against Qatar in written, visual, or verbal form, would be punishable by three to 15 years in prison or a minimum fine of 500,000 AED ($136,000). These restrictions continued to apply to social media users in the country. During the year there were no confirmed arrests under the declaration.
Press and Media Freedom: International NGOs categorized the press, both in print and online, as not free. Except for regional media outlets located in Dubai and Abu Dhabi’s free trade zones, the government owned most newspapers, television stations, and radio stations. All media conformed to unpublished government reporting guidelines. The government also influenced privately owned media through the National Media Council (NMC), which directly oversaw all media content. Satellite-receiving dishes were widespread and provided access to uncensored international broadcasts. In March the NMC issued regulations for electronic media, including rules for publishing and selling advertising, print, video, and audio material. The regulations required those benefitting monetarily from social media advertising to purchase a license from the NMC. In April an Ajman Radio anchor was fired under orders from the crown prince of Ajman after being accused of insulting a caller on his morning talk show; the anchor stated that he was defending the country’s reputation.
Censorship or Content Restrictions: By law the NMC, whose members the president appoints, licenses and censors all publications, including private association publications. The law authorizes censorship of domestic and foreign publications to remove criticism of the government, ruling families, or friendly governments. Statements that “threaten social stability,” and materials considered pornographic, excessively violent, derogatory to Islam, or supportive of certain Israeli government positions are criminalized. In April the Dubai Appeals Court upheld a three-month prison sentence and 5,000 AED ($1,360) fine for an Indian man who was convicted of defaming Islam. The law also criminalizes as blasphemy acts that provoke religious hatred or insult religious convictions through any form of expression, including broadcasting, printed media, or the internet. In 2017 the government issued new regulations that require government and private institutions to obtain a license before publishing or broadcasting media or advertising content, or face penalties. The order applied to any media or advertising activity and to any person or entity that issues any type of publication, including clubs, associations, diplomatic missions, foreign centers, and movie theaters.
After severing diplomatic ties with Qatar, the government blocked Qatari-funded al-Jazeera’s website and most Qatari broadcasting channels.
Government officials reportedly warned journalists when they published or broadcast material deemed politically or culturally sensitive. Editors and journalists commonly practiced self-censorship due to fear of government retribution, particularly as most journalists were foreign nationals and could be deported. Authorities did not allow some books they viewed as critical of the government, Islam, and local culture, as well as books that supported the Muslim Brotherhood or its ideology.
Libel/Slander Laws: The government used libel and slander laws to suppress criticism of its leaders and institutions. The law criminalizes acts that defame others online or through information technology. In June an Arab man was fined 250,000 AED ($68,100) by the Abu Dhabi Criminal Court of First Instance on charges of defamation and violating cybercrime laws when he tweeted comments that were deemed insulting to a woman.
Those convicted of libel face up to two years in prison. The maximum penalty for libel against the family of a public official is three years in prison.
National Security: Authorities often cited the need to protect national security as the basis for laws that curb criticism of the government or expression of dissenting political views. For example, the country’s cybercrime laws include broad limitations on using electronic means to promote disorder or “damage national unity.” Human rights groups criticized these laws, particularly in statements at the United Nations Human Rights Council in January in response to the country’s Universal Periodic Review, for excessively restricting freedom of speech.
The government restricted access to some websites and monitored social media, instant messaging services, and blogs. Authorities stated they could imprison individuals for misusing the internet. Self-censorship was apparent on social media, and there were reports the Ministry of Interior monitored internet use.
The country’s two internet service providers, both linked to the government, used a proxy server to block materials deemed inconsistent with the country’s values, as defined by the Ministry of Interior. Blocked material included pornographic websites and a wide variety of other sites deemed indecent, such as those dealing with lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues; Judaism and atheism; negative critiques of Islam; testimonies of former Muslims who converted to Christianity; gambling; promotion of illegal drug use; and postings that explained how to circumvent the proxy servers. International media sites, accessed using the country’s internet providers, contained filtered content. The government also blocked some sites containing content critical of ruling families in the UAE and other states in the region. The Telecommunications Regulatory Authority was responsible for creating lists of blocked sites. Service providers did not have the authority to remove sites from blocked lists without government approval. The government also blocked most voice-over-internet-protocol applications. In late December 2017, the government blocked Skype and in January reportedly blocked an online petition protesting that move. Calling applications on WhatsApp and other voice-over-internet-protocols have also been blocked from use in country or with phone numbers registered in the country.
The Federal Public Prosecution for Information Technology Crimes investigated criminal cases involving use of information technology, including the use of the internet with the intent to damage public morals, the promotion of sinful behavior, insults to Islam and God, illegal collections of donations, trafficking in persons, calling for or abetting the breach of laws, and the organization of demonstrations.
The law explicitly criminalizes use of the internet to commit a wide variety of offenses and provides fines and prison terms for internet users who violate political, social, and religious norms. The law provides penalties for using the internet to oppose Islam; to proselytize Muslims; to abuse a holy shrine or ritual of any religion; to insult any religion, belief, sect, race, color, or ethnic group; to incite someone to commit sin; or to contravene family values by publishing news or photographs pertaining to a person’s private life or family. In April a man was sentenced to three months in prison and fined 5,000 AED ($1,360) for insulting key figures in Islam on Facebook.
The 2012 cybercrimes decree and the 2015 Antidiscrimination Law provide for more severe penalties for violations and include jail terms that reach life sentences and fines depending on severity and seriousness of the crime. In August the penalties for violating the cybercrimes law were strengthened, including an increase in the maximum fines to four million AED ($1,089,000). These laws added to existing online communication limitations on freedom of speech to include prohibitions on criticism or defamation of the government or its officials; insults based on religion, belief, sect, race, color, or ethnic origin; insults directed at neighboring countries; and calls for protests and demonstrations. In April the Telecommunications Regulatory Authority (TRA) warned residents that posting or spreading “fake news” on social media was punishable by imprisonment or fines up to one million AED ($272,000).
Abu Dhabi police reported in January that they had investigated 774 cybercrime cases in 2017, 206 of which were categorized as blackmail.
In March the National Media Council (NMC) began requiring social media influencers who accept payment in money or high-value goods and services in return for endorsing products to join a social media management agency or obtain an e-commerce license for 30,000 AED ($8,167) and a trade license, for which the price varies by emirate.
The International Telecommunication Union estimated in 2017 that 94 percent of households had access to the internet.
ACADEMIC FREEDOM AND CULTURAL EVENTS
The government restricted academic freedom, including speech both inside and outside the classroom by educators, and censored academic materials for schools. The government required official permission for conferences and submission of detailed information on proposed speakers and topics of discussion. This was also required at private schools for events on campus. Some organizations found it difficult to secure meeting space for public events that dealt with contentious issues.
Cultural institutions avoided displaying artwork or programming that criticized the government or religion. Self-censorship among cultural and other institutions, especially for content presented to the public, was pervasive and generally directed at preventing the appearance of illegal works, including those deemed as promoting blasphemy or addressing controversial political issues.
The constitution provides for the freedoms of assembly and association, but the government did not always respect these rights.
FREEDOM OF PEACEFUL ASSEMBLY
The law provides limited freedom of assembly and the government imposed restrictions.
The law requires a government-issued permit for organized public gatherings. Authorities dispersed impromptu protests such as labor strikes and at times arrested participants. While there was no uniform standard for the number of persons who could gather without a permit, civil society representatives in the past have reported authorities could ask groups of four or more to disperse if they did not have a permit. The government did not interfere routinely with informal, nonpolitical gatherings held without a government permit in public places unless there were complaints. The government generally permitted political gatherings that supported its policies. Hotels, citing government regulations, sometimes denied permission for groups such as unregistered religious organizations to rent space for meetings or religious services.
FREEDOM OF ASSOCIATION
The law provides limited freedom of association. The government imposed some restrictions.
Political organizations, political parties, and trade unions are illegal. All associations and NGOs are required to register with the Ministry of Community Development (formerly Social Affairs), and many that did received government subsidies. Domestic NGOs registered with the ministry were mostly citizens’ associations for economic, religious, social, cultural, athletic, and other purposes. Registration rules require that all voting organizational members, as well as boards of directors, must be local citizens. This requirement excluded almost 90 percent of the population from fully participating in such organizations. In Dubai volunteer organizations were required to register with the Community Development Authority (CDA) and were required to obtain approval from the CDA before conducting fundraising activities.
Associations must follow the government’s censorship guidelines and receive prior government approval before publishing any material. In Abu Dhabi exhibitions, conferences, and meetings require a permit from the Tourism and Culture Authority. To obtain a permit, the event organizer must submit identification documents for speakers along with speaker topics. The government denied permits if it did not approve of the topic or speaker. If the event or speaker continued without an approved permit, the government imposed fines.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law generally provided for freedom of internal movement, emigration, and repatriation. While the government generally respected these rights, it imposed certain legal restrictions on foreign travel. The lack of passports or other identity documents restricted the movement of stateless persons, both within the country and internationally. The government allowed the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern.
Foreign Travel: Authorities generally did not permit citizens and residents involved in legal disputes under adjudication, and noncitizens under investigation to travel abroad. Additionally, authorities sometimes arrested individuals with outstanding debts or legal cases while in transit through an airport.
At the sole discretion of emirate-level prosecutors, foreign nationals had their passports taken or travel restricted during criminal and civil investigations. Some individuals were also banned from foreign travel. These measures posed particular problems for noncitizen debtors, who in addition to being unable to leave the country, were usually unable to find work without a passport and valid residence permit, making it impossible to repay their debts or maintain legal residency. In some cases family, friends, local religious organizations, or other concerned individuals helped pay the debt and enabled the indebted foreign national to depart the country. According to media reports, the president pardoned 704 prisoners ahead of Eid al-Adha and pledged to settle financial obligations of released prisoners. Rulers across the emirates pardoned nearly 2,000 prisoners ahead of national day. In April a Dubai-based businessperson cleared the debts of 560 prisoners held across the country.
Travel bans were placed on citizens. For example, citizens of interest for reasons of state security, including former political prisoners, encountered difficulties renewing official documents, resulting in implicit travel bans. Authorities did not lift travel bans until the completion of a case in the judicial system.
In June 2017 the government and several other regional countries severed diplomatic ties with Qatar and enacted a blockade on air, sea, and land traffic to and from Qatar. Qatari citizens were given two weeks to leave the UAE and were banned from traveling to and transiting the UAE. Emirati citizens were banned from visiting or transiting through Qatar. The UAE Ministry of Interior established a hotline to assist blended Qatari-Emirati families, allowing them to remain in the UAE on a case-by-case basis. Qatar filed a case in the International Court of Justice against the UAE for having violated the International Convention on the Elimination of All Forms of Racial Discrimination when it ordered all Qatari citizens to leave the country. In July the International Court of Justice ruled that the government should take three provisional measures: ensure that all families that included a Qatari were reunited; give Qatari students who were studying in the UAE at the time of the expulsion the opportunity to complete their education in the UAE, or obtain their educational records if they chose to study elsewhere; and allow Qataris access to the UAE’s judicial system. In response the Ministry of Foreign Affairs and International Cooperation issued a statement that the government had already taken those measures.
Custom dictates that a husband may prevent his wife, minor children, and adult unmarried daughters from leaving the country by taking custody of their passports.
Citizenship: The government may revoke naturalized citizens’ passports and citizenship status for criminal or politically provocative actions.
PROTECTION OF REFUGEES
UNHCR lacked formal legal status in the country separate from the UN Development Program. The government nevertheless worked with UNHCR on a case-by-case basis to address refugee issues. The government did not formally grant refugee status or asylum to aliens seeking protection, but it allowed some refugees to remain in the country temporarily on an individual basis. This nonpermanent status often presented administrative, financial, and social hardships, including the need frequently to renew visas and the inability to access basic services such as health care and education for children. In June the government announced that citizens of war-torn countries who were living in the UAE and had overstayed their visas would be permitted to apply from August 1 to October 31 for a permit to legally remain in the UAE for a year. These applicants were to be exempted from immigration fines and their permits extendable, although the duration of the extension was unknown.
Refoulement: The family of Abudujilili Supi, a Uighur man from China legally residing in the UAE, reported to media that Supi was detained by local police in September after he left afternoon prayers at the Abdullah bin Rawaha mosque in Sharjah. Supi’s wife, who witnessed the arrest, was given no explanation why he was arrested. Supi called her from detention three days later informing her that he was told he would be forced to return to China involuntarily by UAE authorities. His whereabouts remained unknown.
Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government had not established a transparent, codified system for providing protection to refugees. While the government extended informal protection from return to refugees in some cases, any persons lacking legal residency status were technically subject to local laws on illegal immigrants, and authorities could detain them. In some cases authorities confined individuals seeking protection at an airport to a specific section of the airport while they awaited resettlement in another country.
Employment: Access to employment was based on an individual’s status as a legal resident, and persons with a claim to refugee status but who lacked legal residency status, including those with either short-term visitor visas or expired visas, were generally not eligible for employment.
Access to Basic Services: Access to education and other public services, including health care, is based on an individual’s status as a legal resident. As a result some families, particularly from Iraq and Syria, reportedly did not have access to healthcare or schools. The government provided or allowed access to some services on a case-by-case basis, often after the intervention of UNHCR representatives. Some hospitals were willing to see patients without the mandatory insurance, but required full payment up front.
Informal estimates suggested 20,000 to 100,000 Bidoon, or persons without citizenship, resided in the country. Government statistics estimated the population at 10,000. Most Bidoon lacked citizenship because they did not have the preferred tribal affiliation used to determine citizenship when the country was established. Others entered the country legally or illegally in search of employment. Because children derive citizenship generally from the father, Bidoon children born within the country’s territory remained stateless. Without passports or other forms of identification, the movement of Bidoon was restricted, both within the country and internationally. In recent years the government purchased a number of passports from Comoros and issued them to Bidoon. The documents conferred economic Comoran citizenship on the recipients and legalized their status in the UAE.
The government has a naturalization process, and individuals may apply for citizenship. Children of female citizens married to noncitizens do not acquire citizenship automatically at birth, but their mothers may obtain citizenship for the children after submitting an application, which a government committee reviews and generally accepts, once the child is 18 years old. A foreign woman may receive citizenship after 10 years of marriage to a citizen. Anyone may receive a passport by presidential fiat.
The committee that reviews mothers’ citizenship applications for their children also reviews citizenship applications from Bidoon who could satisfy certain legal conditions to be eligible for naturalization and subsequently could gain access to education, health care, and other public services. There were no reports, however, of stateless persons receiving Emirati citizenship.