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Oman

Executive Summary

The Sultanate of Oman is a hereditary monarchy ruled by Sultan Qaboos al-Said since 1970. The sultan has sole authority to enact laws through royal decree, although ministries and the bicameral Majlis Oman (parliament) can draft laws on nonsecurity-related matters, and citizens may provide input through their elected representatives. The Majlis Oman is composed of the Majlis al-Dawla (upper house or State Council), whose 85 members are appointed by the sultan, and the elected 86-member Majlis al-Shura (lower house or Consultative Assembly). In October nearly 350,000 citizens participated in the Majlis al-Shura elections for the Consultative Assembly; there were no notable claims of improper government interference.

The Royal Office controls internal and external security and coordinates all intelligence and security policies. Under the Royal Office, the Internal Security Service investigates all matters related to domestic security. The Royal Oman Police (ROP), including the ROP Coast Guard, is also subordinate to the Royal Office and performs regular police duties. The Royal Office and Royal Diwan–the sultan’s personal offices–maintained effective control over the security forces.

Significant human rights issues included: allegations of torture of prisoners and detainees in government custody; restrictions on free expression, the press, and the internet, including censorship, site blocking, and criminal libel; substantial interference with the rights of peaceful assembly and freedom of association; required exit permits for foreign workers; restrictions on political participation; and criminalization of lesbian, gay, bisexual, transgender, and intersex (LGBTI) conduct.

Authorities generally held security personnel and other government officials accountable for their actions. The government acted against corruption during the year, with cases proceeding through the court system.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for limited freedom of speech and press, but authorities did not always respect these rights. Journalists and writers exercised self-censorship.

Freedom of Expression: The law prohibits criticism of the sultan in any form or medium, as well as any “provocative propaganda to undermine the prestige of the state,” electronic communication that “might prejudice the public order or religious values,” and “defamation of character.” Therefore, it is illegal to insult any public official or private citizen. Authorities have prosecuted individuals for writing about the sultan in a way the government perceived to be negative. In January 2018 the government issued a new penal code that generally increased maximum penalties for crimes related to “undermining the state.” International human rights organizations expressed concern that the 2018 penal code contains vaguely defined articles that the security services could use to target activists and further restrict freedom of expression, including online.

In September the ROP arrested an expatriate for posting a video on social media in which he threw his Omani residency card on the ground and allegedly used “abusive language” about the police. In November human rights organizations reported that authorities arrested Musallam Al-Ma’ashani at the Sarfait border crossing upon his return to Oman from Yemen. These groups and social media users claimed authorities arrested Al-Ma’ashani for printing a book documenting tribal activities in Dhofar, which he intended to submit to the Ministry of Information for display at the 2020 Muscat International Book Fair. According to social media posts, authorities released Al-Ma’ashani on November 25 on bail after approximately two weeks in detention.

Press and Media, Including Online Media: Media did not operate freely. Authorities tolerated limited criticism in privately owned newspapers and magazines; however, editorials generally were consistent with the government’s views. Although mainstream social debate occurred in traditional and social media (especially on Twitter), the government and privately owned radio and television stations did not generally broadcast political material criticizing the government.

In January human rights observers reported that police briefly detained two journalists from the Hala FM radio station while they covered a protest in Muscat over unemployment. The journalists were reportedly released the same day. Some social media users who photographed and recorded the same protest claimed the ROP forced them to delete their photos and videos.

According to human rights organizations, authorities arrested at least two individuals in February for criticizing on social media the government’s contacts with Israel.

In 2017 the Supreme Court upheld previous court rulings and permanently shut down al-Zaman, an independent newspaper. A journalist and an editor of the paper served prison sentences and were released in 2017. A second journalist was convicted and sentenced, but later acquitted. Human rights organizations claimed the closure of al-Zaman had a chilling effect upon freedom of expression in the country.

Authorities required journalists to obtain a license to work; freelance journalists were ineligible for a license.

Violence and Harassment: Some journalists reported harassment by high-level government officials for printing stories perceived as critical of their particular ministries.

Censorship or Content Restrictions: Headlines in both public and private media print outlets were subject to an official nontransparent review and approval process before publication. Journalists and writers exercised self-censorship. The law permits the Ministry of Information to review all media products including books produced within or imported into the country. The ministry occasionally prohibited or censored material from domestic and imported publications viewed as politically, culturally, or sexually offensive. The OHRC reported that four publications violated the printing law and were therefore not permitted in the country. There is only one major publishing house in the country, and publication of books remained limited. The government required religious groups to notify the Ministry of Endowments and Religious Affairs before importing any religious materials.

Libel/Slander Laws: Libel is a criminal offense, which allows for up to one year’s imprisonment and a fine of up to 1,000 rials ($2,600).

National Security: The government prohibited publication of any material that “undermines the prestige of the state.”

Internet Freedom

The law restricts free speech exercised via the internet, and the government enforces the restrictions. The law allows authorities to prosecute individuals for any message sent via any medium that “violates public order and morals.” The law details crimes that take place on the internet that “might prejudice public order or religious values” and specifies a penalty of between one month and a year in prison and a minimum fine of 1,000 rials ($2,600). Authorities also applied the law against bloggers and social media users who insult the sultan.

The government’s national telecommunications company and private service providers make internet access available for a fee to citizens and foreign residents. Internet access is available via schools, workplaces, wireless networks at coffee shops, and other venues, especially in urban areas.

Authorities monitored the activities of telecommunications service providers and obliged them to block access to numerous websites considered pornographic, or culturally or politically sensitive. The criteria for blocking access to internet sites were neither transparent nor consistent. Authorities sometimes blocked blogs as well as most VoIP technologies, such as Skype.

Website administrators or moderators monitored content and were reportedly quick to delete potentially offensive material in chat rooms, on social networking fora, and on blog postings. Some website administrators posted warnings exhorting users to follow local laws and regulations.

Academic Freedom and Cultural Events

The government restricted academic freedom and cultural events. Academics largely practiced self-censorship. Colleges and universities were required to have permission from the Ministry of Foreign Affairs and the Ministry of Higher Education before meeting with foreign diplomatic missions or accepting money for programs or speakers.

The government censored publicly shown films, primarily for sexual content and nudity, and placed restrictions on performances in public venues. The law also forbids dancing in restaurants and entertainment venues without a permit.

b. Freedoms of Peaceful Assembly and Association

The government restricted freedoms of peaceful assembly and association. Human rights organizations expressed concern that overly broad provisions in the penal code could further restrict the work of human rights activists and limit freedoms of peaceful assembly and association.

Freedom of Peaceful Assembly

The law provides for limited freedom of assembly, but the government restricted this right. Under the penal code, gatherings of 10 or more persons in a public place are unlawful if they “endangered the public security or order” or “influenced the function of authorities.”

In January human rights observers reported that police in Salalah detained as many as 20 individuals for protesting unemployment. Several social media users who claimed to know some of the protestors asserted that they remained in detention for at least two days.

Private sector employees in the energy and industrial manufacturing sectors threatened strikes in isolated cases; however, company leadership used incentives like promises of job security and other material benefits to persuade organizers to call off strikes (see section 7.a.).

Freedom of Association

The law provides for freedom of association for undefined “legitimate objectives and in a proper manner.” Examples of such associations include registered labor unions and social groups for foreign nationalities.

The government limited freedom of association in practice by prohibiting associations whose activities it deemed “inimical to the social order” or otherwise inappropriate. A royal decree stipulates citizens joining groups deemed harmful to national interests could be subject to revocation of citizenship.

Associations must register with their corresponding ministries, which approve all associations’ bylaws and determine whether a group serves the interest of the country. The time required to register an association ranged from two months to two years. Approval time varied based on the level of preparedness of the applying organization, the subject matter of the organization, its leadership, and the organization’s mission. The law limits formal registration of nationality-based associations to one association for each nationality and restricts activities of such associations. The government sometimes denied permission for associations to form.

The penal code forbids associations from conducting any kind of fundraising without government approval, including for charitable causes. Individuals convicted of accepting unlawful funding for an association may receive up to one year in jail and a fine of 2,000 rials ($5,200). Foreign diplomatic missions are required to request meetings with nongovernmental associations through the Ministry of Foreign Affairs by diplomatic note. Associations may not meet with foreign diplomatic missions and foreign organizations without prior approval from the Ministry of Foreign Affairs. The government enforced this law, and all foreign-funded educational and public diplomacy programs required prior government review.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement and repatriation, and the government generally respected these rights. Citizens could generally travel freely outside the country, although that right is not codified. Citizens related to citizens living abroad who criticized the government reportedly were told not to leave the country. Office of the UN High Commissioner for Refugees personnel occasionally visited the country but did not maintain an office or personnel locally.

In-country Movement: There are no official government restrictions on internal travel for any citizen. The government must approve on a case-by-case basis official travel by foreign diplomats to the Dhofar and Musandam regions. There were reports many foreign domestic employees had their passports confiscated by employers, who sponsor the foreign workers, even though the law prohibited this practice. In February an Egyptian foreign worker posted a video online in which she alleged that her sponsor was holding her passport, rendering her unable to travel to Egypt to visit her dying mother.

Employers have a great amount of control over these workers, particularly domestic workers who are not covered by existing labor laws. The country’s visa-sponsorship system (kafala) ties migrant workers to their employers and prevents them from changing jobs without their sponsor’s consent. Migrant workers generally cannot work for a new employer in the country within a two-year period without the permission of their current employer, even if they complete their contract. Employers can have a worker’s visa canceled arbitrarily. Workers who leave their jobs without the consent of their employer can be punished with fines, deportation, or reentry bans.

Foreign Travel: Foreign workers must obtain exit permits from their employer to leave the country legally. Exit permits may be denied when there is a dispute over payment or work remaining, leaving the foreign citizen in country with recourse only through local courts. In theory, courts provided recourse to workers denied exit permits, but the process was opaque with domestic workers consistently alleging that existing dispute resolution mechanisms were inadequate to protect them. In the past, travel bans–through confiscation of passports–were imposed on citizens involved in political activism. No new cases were reported during the year.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: The country has a large number of female migrant workers from India, Pakistan, Nepal, Bangladesh, Sri Lanka, Tanzania, and the Philippines, many of whom are employed as domestic workers. Nongovernmental organizations based outside the country and embassies of labor-sending countries alleged that domestic workers faced discrimination, to include physical, sexual, and psychological abuse. The country criminalizes slavery and trafficking, but enforcement was weak. Although forced labor is punished under the labor law, domestic workers are excluded from that law’s protections. In 2018 courts convicted 15 individuals for human trafficking crimes.

The government generally did not allow refugees to remain in the country. The most recently available UNHCR data from February 2018 indicated that there were 51,000 individuals in the country who had fled conflict, including an estimated 5,000 Yemenis. The status of these individuals was precarious, as Oman does not have a national framework regulating issues related to asylum.

Refoulement: The government did not provide comprehensive protection to refugees from involuntary returns to countries where their lives or freedom could be threatened, subjecting refugees to the possibility of refoulement. Tight control over the entry of foreigners effectively limited access to protection for refugees and asylum seekers.

Access to Asylum: The laws provide for the granting of asylum or refuge for internally displaced persons, and the government has established a system for providing protection. The ROP’s system for granting asylum and resettlement is not transparent, and the law does not specify a timeframe in which the ROP must adjudicate an asylum application. It is current policy not to recognize refugees from conflict zones, such as Yemen, although the government provided temporary medical care to certain Yemeni citizens. In practice, there are no substantive legal protections for asylum seekers in the country.

Durable Solutions: When third-country nationals presented themselves on the Oman-Yemen border, the government worked with local embassies to facilitate a return to these individuals’ home countries. In cases where individuals could not return to their home country, like Syrians, the government would facilitate travel to a third country of their choice.

Temporary Protection: The government provided emergency medical care to certain Yemeni citizens who demonstrated they could not receive adequate care in Yemen. These Yemenis and one accompanying family member per patient were offered status in Oman during the treatment period.

Section 3. Freedom to Participate in the Political Process

The law does not provide citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage. The sultan retains ultimate authority on all foreign and domestic issues. With the exception of the military and other security forces, all citizens who have reached 21 years of age have the right to vote for candidates for the Majlis al-Shura and the provincial councils.

Elections and Political Participation

Recent Elections: In October nearly 350,000 citizens participated in the Majlis al-Shura elections for the consultative assembly, or lower house of parliament. Electoral commissions reviewed potential candidates against a set of objective educational and character criteria (at least a high school education and no criminal history or mental illness) before they allowed candidates’ names on the ballot. The Ministry of Interior administered and closely monitored campaign materials and events. There were no notable or widespread allegations of fraud or improper government interference in the voting process. The government did not allow independent monitoring of the elections, but it invited some international journalists to the country to report on election day events.

Political Parties and Political Participation: The law does not allow political parties, and citizens did not attempt to form them.

Participation of Women and Minorities: No laws limit participation of women in the political process, and they did participate. During the Majlis al-Shura elections in October, voters elected two women as representatives. The sultan appointed 15 women to the Majlis al-Dawla in November and appointed two new female ministers in October, increasing the number of women who hold the rank of minister from three to five. The government does not recognize a right for minority groups to participate in political life and have roles in government.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively.

Corruption: There were reports of government corruption, including in the police, ministries, and state-owned companies. Political and social favoritism were widespread in public and private institutions.

In June the public prosecution announced that it had brought to trial a case of alleged embezzlement within the Ministry of Education.

Financial Disclosure: Public officials are subject to financial disclosure laws. When selected for disclosure, officials are required to list their finances, business interests, and property, as well as that of their spouses and children. These records are made public, and there are fines associated with noncompliance. The State Audit Authority monitors this process.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

No independent, officially sanctioned, domestic human rights organizations existed in the country. There were civil society groups that advocated for persons protected under human rights conventions, particularly women and persons with disabilities. These groups were required to register with the Ministry of Social Development.

The law permits domestic and international actors to request permission to engage in human rights work, but none did because they believed the government was not likely to grant permission.

Government Human Rights Bodies: The OHRC, a government-funded commission made up of members from the public, private, and academic sectors, reported on human rights to the sultan via the State Council. The OHRC also published an annual report summarizing the types of complaints it received and how it handled those complaints. The OHRC also conducted prison visits and continued a community and school outreach program to discuss human rights with students.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape with penalties of up to 15 years in prison. The law does not criminalize spousal rape explicitly, but it does criminalize all “sex without consent.” The government generally enforced the law when individuals reported cases. Foreign nationals working as domestic employees occasionally reported that their sponsors or employees of labor recruitment agencies had sexually assaulted them. According to diplomatic observers, police investigations resulted in few rape convictions.

The law does not specifically address domestic violence, and judicial protection orders prohibiting domestic violence do not exist. Charges could be brought, however, under existing statutes outlawing assault, battery, and aggravated assault, which can carry a maximum sentence of three years in prison. Allegations of spousal abuse in civil courts handling family law cases reportedly were common. Victims of domestic violence may file a complaint with police, and reports suggested that police responded promptly and professionally. The government operated a shelter for victims of domestic violence.

Female Genital Mutilation/Cutting (FGM/C): The law does not explicitly ban FGM/C. There were no reliable statistics on the prevalence of FGM/C. Some reports suggested the procedure was practiced.

The government held outreach events at mosques, hospitals, and schools and aired television programs about the harm “traditional practices” may have on children.

Sexual Harassment: Although there is no law against sexual harassment, it has been effectively prosecuted using statutes prohibiting offensive language and behavior. In September 2018 a man was sentenced to six months in prison and fined 10,000 rials ($26,000) for “public insults” after a woman accused him of sexual harassment.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law prohibits gender-based discrimination against citizens, but the government did not appear to enforce the law effectively. Local interpretations of Islamic law and practice of cultural traditions in social and legal institutions discriminated against women. In some personal status cases, such as divorce, a woman’s testimony is equal to half that of a man. The law favors male heirs in adjudicating inheritance.

The Ministry of Interior requires both male and female citizens to obtain permission to marry foreigners, except nationals of Gulf Cooperation Council countries, whom citizens may marry without restriction; authorities do not automatically grant permission, which is particularly difficult for Omani women to obtain. Citizen marriage to a foreigner abroad without ministry approval may result in denial of entry for the foreign spouse at the border and preclude children from claiming citizenship and residency rights. It also may result in a bar from government employment and a fine of 2,000 rials ($5,200).

Despite legal protections for women from forced marriage, deeply embedded tribal practices ultimately compel most citizen women towards or away from a choice of spouse.

The law provides for transmission of citizenship at birth if the father is a citizen, if the mother is a citizen and the father is unknown, or if a child of unknown parents is found in the country. Women married to noncitizens may not transmit citizenship to their children and cannot sponsor their noncitizen husband’s or children’s presence in the country. Children from a marriage between an Omani woman and a non-Omani man are not eligible for citizenship and are vulnerable to being stateless.

The law provides that an adult may become a citizen by applying for citizenship and subsequently residing legally in the country for 20 years or 10 years if married to a male citizen.

Government policy provided women with equal opportunities for education, and this policy effectively eliminated the previous gender gap in educational attainment. Although some educated women held positions of authority in government, business, and media, many women faced job discrimination based on cultural norms. The law entitles women to paid maternity leave and equal pay for equal work. The government, the largest employer of women, observed such regulations, as did many private sector employers.

The Ministry of Social Development is the umbrella organization for women’s issues. The ministry provided support for women’s economic development through the Oman Women’s Association and local community development centers.

Children

Birth Registration: Citizenship is derived from the father. Women married to noncitizens may not transmit citizenship to their children, and there were a few reported cases of stateless children based on this law. Children of unknown parents are automatically eligible for citizenship. Government employees raised abandoned children in an orphanage. Such children receive free education through the university level and a job following graduation. Citizen marriage to a foreigner abroad without ministry approval may preclude children from claiming citizenship rights (see section 1.f.).

Child Abuse: The Ministry of Health noted that sexual abuse most commonly involved children of both sexes between the ages of six and 12 and was committed by close relatives or friends of the family. According to the law, any concerned citizen must report child abuse, and each governorate had an interagency committee that would meet to discuss the allegations and possibly take the child out of the parent’s custody until the allegations were investigated. The government operated a child abuse hotline, which reported 721 calls in 2018 (more than double the number received in 2017). The government reported that the main complaint was negligence.

Early and Forced Marriage: The age of legal marriage for men and women is 18, although a judge may permit a person to marry younger when the judge or family deemed the marriage was in the minor’s interest. Child marriage occurred in rural communities as a traditional practice.

Sexual Exploitation of Children: Commercial sexual exploitation of children and child pornography are punishable by no fewer than five years’ imprisonment. The penal code increased the punishment for rape of a child younger than 15 to life imprisonment. The minimum age of consensual sex is 18. Marriages performed in the country require both parties to be at least 18, but there were reports of Omani men traveling abroad to marry underage girls. Local authorities sometimes accepted these marriages, and it was unclear if statutory rape would be prosecuted if the parties were married. All sex outside of marriage is illegal, but sex with a minor younger than 15 carries a heavier penalty (up to 15 years’ imprisonment). Authorities do not charge minors. There were no known reports of child prostitution; soliciting a child for prostitution is prohibited.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

There was no indigenous Jewish population. Several Arabic-language Omani newspapers, particularly Al-Watan, featured cartoons depicting anti-Semitic imagery when criticizing the Israeli government.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law provides persons with disabilities the same rights as other citizens in employment, education, access to health care, and the provision of other state services. Persons with disabilities, however, continued to face discrimination. The law mandates access to buildings for persons with disabilities, but many older buildings, including government buildings and schools, did not conform to the law.

The government provided alternative education opportunities for citizen children with disabilities, including overseas schooling when appropriate.

Additionally, the Ministry of Education collaborated with the International Council for Educational Reform and Development to create a curriculum for students with intellectual disabilities within the standard school system, which was in place throughout the year. The ministers of education and of health crafted a broad-based, prioritized strategy for various ministries to coordinate on the issue of child autism in the sultanate, including early autism diagnosis and intervention in children. The Ministry of Education also coordinated with UNICEF to improve its alternative education systems.

The Ministry of Social Development is responsible for protecting the rights of persons with disabilities. The Directorate General of Disabled Affairs within the Ministry of Social Development creates programs for persons with disabilities and implements these programs in coordination with relevant authorities. The directorate was authorized further to supervise all of the ministry’s rehabilitation and treatment centers for persons with disabilities.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The penal code criminalizes consensual same-sex sexual conduct with a jail term of six months to three years, but it requires a spouse or guardian complaint to initiate prosecution. The government did not actively enforce this law.

The 2018 penal code introduced “crossdressing” (defined as males dressing in female clothing) as a criminal act punishable by up to one year’s imprisonment and a 300-rial ($780) fine. In February 2018 two men dressed as women posted a video on Snapchat. In October 2018 the court sentenced each of them to four years’ imprisonment and a fine of 3,000 rials ($7,800), representing maximum penalties for crossdressing and using technology to “prejudice the moral order.”

Public discussion of sexual orientation and gender identity remained a social taboo. There were no known LGBTI organizations active in the country; however, regional human rights organizations focused on the human rights of LGBTI citizens. Authorities took steps to block LGBTI-related internet content. There were no Pride marches or LGBTI human rights advocacy events.

Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address discrimination.

HIV and AIDS Social Stigma

Foreigners seeking residency in the country are tested for HIV/AIDS. If tested positive, the residency permission is denied, and foreigners must leave the country, but there were no known occurrences of this.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides that workers can form and join unions, as well as conduct legal strikes and bargain collectively, but with significant restrictions. The law provides for one general federation, to which all unions must affiliate, and which represents unions in regional and international fora. The law requires a minimum of 25 workers to form a union, regardless of company size. The law requires an absolute majority of an enterprise’s employees to approve a strike, and notice must be given to employers three weeks in advance of the intended strike date. The law allows for collective bargaining; regulations require employers to engage in collective bargaining on the terms and conditions of employment, including wages and hours of work. Where there is no trade union, collective bargaining may take place between the employer and five representatives selected by workers. The employer may not reject any of the representatives selected. While negotiation is underway, the employer may not act on decisions related to problems under discussion. The law prohibits employers from firing or imposing other penalties on employees for union activity, although it does not require reinstatement for workers fired for union activity.

Despite the legal protections for labor unions, no independent organized labor unions existed. Worker rights continued to be administered and directed by the General Federation of Oman Workers (GFOW).

Government-approved unions are open to all legal workers regardless of nationality, though the law prohibits members of the armed forces, other public security institutions, government employees, domestic workers, as well as individuals convicted of criminal activity or acts against the security of the country or national unity from forming or joining such unions. In addition, labor laws apply only to workers who perform work under a formal employment agreement and excludes domestic workers.

The law prohibits unions from accepting grants or financial assistance from any source without the Ministry of Manpower’s prior approval. All unions are subject to the regulations of the government federation and may be shut down or have their boards dismissed by the federation.

The government generally enforced applicable laws effectively and respected the rights to collectively bargain and conduct strikes, although strikes in the oil and gas industries are forbidden. The GFOW reported in a survey conducted by the International Trade Union Confederation that employers bypassed collective bargaining and retaliated against workers who participated in strikes. The government provided an alternative dispute resolution mechanism through the Ministry of Manpower, which acted as mediator between the employer and employee for minor disputes such as disagreement over wages. If not resolved to the employee’s satisfaction, the employee could, and often did, resort to the courts for relief. The country lacked dedicated labor courts, and observers noted the mandatory grievance procedures were confusing to many workers, especially foreign workers. The Ministry of Manpower had sufficient resources to act in dispute resolution. Union leaders reported intimidation by companies for their activities and complained they were passed over for promotion.

Freedom of association in union matters and the right to collective bargaining exist, but often the threat of a strike can prompt either company action to resolution or spur government intervention. Strikes rarely occurred and were generally resolved quickly, sometimes through government mediation.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forced or compulsory labor, but the law explicitly excludes domestic workers. All police officials underwent training in how to identify victims of trafficking in persons to help them identify cases of forced or compulsory labor.

Conditions indicative of forced labor were present. By law all foreign workers, who constituted approximately one-half of the workforce and the majority of workers in some sectors, must be sponsored by a citizen employer or accredited diplomatic mission. Some men and women from South and Southeast Asia, employed as domestic workers or as low-skilled workers in the construction, agriculture, and service sectors, faced working conditions indicative of forced labor, including withholding of passports, restrictions on movement, usurious recruitment fees, nonpayment of wages, long working hours without food or rest, threats, and physical or sexual abuse. These situations were generally considered civil or contract matters by authorities, who encouraged dispute resolution rather than criminal action. Authorities continued to rely on victims to identify themselves and report abuses proactively, rather than proactively investigating trafficking in vulnerable communities.

Sponsorship requirements left workers vulnerable to exploitative and abusive conditions and made it difficult for them to change employers (see section 2.d.). Some sponsors allow their employees to work for other employers, sometimes in return for a fee. This practice is illegal, but enforcement was weak, and such arrangements left workers vulnerable. The government clarified that sponsors of domestic workers are not allowed to send their workers to another home to work, but the regulation was weakly enforced. Some employers of domestic workers, contrary to law, withheld passports and other documents, complicating workers’ release from unfavorable contracts and preventing workers’ departure after their work contracts expired. In some cases, employers demanded exorbitant release fees totaling as much as four months’ salary before providing a “no-objection certificate” (NOC) to permit the worker to change employers. Without this NOC, foreign workers are required to either depart the country for a minimum of two years or remain in their current position. There were reports that sponsors were reluctant to provide NOCs, which would result in loss of the foreign labor certificate for that position.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The minimum age for employment is 16, or 18 for certain hazardous occupations. Employees younger than 18 may work only between the hours of 6 a.m. and 6 p.m. and are prohibited from working for more than six hours per day, on weekends, or on holidays. The law allows exceptions to the age requirement in agricultural works, fishing, industrial works, handicrafts, sales, and administrative jobs, under the conditions that it is a one-family business and does not hinder the juvenile’s education or affect health or growth.

The Ministry of Manpower and Royal Oman Police are responsible for enforcing laws with respect to child labor. The law provides for fines for minor violations and imprisonment for repeat violations. Employers are given time to correct practices that may be deemed child labor.

In 2018 the country made a moderate advance in eliminating the worst forms of child labor, which did not appear to be a widespread problem. The government does not publish information on the enforcement of child labor laws and lacks a reciprocal mechanism between the labor inspectorate and social services.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/ .

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations do not address discrimination based on race, sex, gender, nationality, political views, disability, language, sexual orientation or gender identity, HIV-positive status or having other communicable diseases, or social status. Discrimination occurred based on gender, sexual orientation, nationality, disability and gender identity. Foreign workers were required to take HIV/AIDS tests and could only obtain or renew work visas if the results were negative.

Although some educated women held positions of authority in government, business, and media, many women faced job discrimination based on cultural norms. The law entitles women to paid maternity leave and equal pay for equal work. The government, the largest employer of women, observed such regulations, as did many private sector employers.

The law provides persons with disabilities the same rights as other citizens in employment, and the provision of other state services. Persons with disabilities, however, continued to face discrimination. The law mandates access to buildings for persons with disabilities, but many older buildings, including government buildings and schools, did not conform to the law. The law also requires private enterprises employing more than 50 persons to reserve at least 2 percent of positions for persons with disabilities. Authorities did not systematically enforce this regulation.

For further discussion of discrimination, see section 6.

e. Acceptable Conditions of Work

The country has a minimum monthly wage for citizens, but it does not apply to noncitizens in any occupation. Minimum wage regulations do not apply to a variety of occupations and businesses, including small businesses employing fewer than five persons, dependent family members working for a family firm, or some categories of manual laborers. Most citizens who lived in poverty were engaged in traditional subsistence agriculture, herding, or fishing, and generally did not benefit from the minimum wage. The private sector workweek is 45 hours and includes a two-day rest period following five consecutive days of work. Government workers have a 35-hour workweek. The law mandates overtime pay for hours in excess of 45 per week.

The government sets occupational health and safety standards. The law states an employee may leave dangerous work conditions without jeopardy to continued employment if the employer was aware of the danger and did not implement corrective measures. Employees covered under the labor law may receive compensation for job-related injury or illness through employer-provided medical insurance.

Neither wage and hour nor occupational safety and health regulations apply to domestic workers.

The Ministry of Manpower is responsible for enforcing labor laws, and in 2018 it employed inspectors in Muscat and around the country. It generally enforced the law effectively with respect to citizens; however, it did not always effectively enforce regulations regarding hours of employment and working conditions for foreign workers.

Labor inspectors performed random checks of worksites to verify compliance with all labor laws. Inspectors from the Department of Health and Safety of the Labor Care Directorate are responsible for enforcement of health and safety codes. Limited inspections of private sector worksites are required by law to deter or redress unsafe working conditions in the most dangerous sectors.

The Ministry of Manpower effectively enforced the minimum wage for citizens. No minimum wage existed for noncitizens. In wage cases the Ministry of Manpower processed complaints and acted as mediator. In a majority of cases, the plaintiff prevailed, gaining compensation, the opportunity to seek alternative employment, or return to their country of origin in the case of foreign laborers, although they rarely used the courts to seek redress. The ministry was generally effective in cases regarding minor labor disputes.

The government increased efforts during 2018 to prevent trafficking in persons violations, which disproportionately affected foreign workers.

Foreign workers were vulnerable to poor, dangerous, or exploitative working conditions. There were reports that migrant laborers in some firms and households worked more than 12 hours a day without a day off for below-market wages. Employers often cancelled the employment contracts of seriously sick or injured foreign workers, forcing them to return to their countries of origin or remain in the country illegally. Some labor inspections focused on enforcing visa violations and deporting those in an irregular work visa status rather than verifying safe and adequate work conditions.

There are no maximum work-hour limits for domestic workers nor any mandatory rest periods, although the contract between the employer and worker can specify such requirements. There were some reports that domestic workers were subject to overwork with inadequate rest periods. Separate domestic employment regulations obligate the employer to provide domestic workers with free local medical treatment throughout the contract period. Penalties for noncompliance with health regulations were insufficient to deter violations. Some domestic workers were subjected to abusive conditions.

There was no data available on workplace fatalities or safety.

United Arab Emirates

Executive Summary

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 last election was in October, 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. Each emirate maintained a local police force called a general directorate, which was officially a branch of the federal Ministry of Interior. All emirate-level general directorates of police enforced their respective emirate’s laws autonomously. They also enforced federal laws within their emirate in coordination with each other under the federal ministry. The federal government maintained federal armed forces under the Ministry of Defense for external security.

Significant 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 punished officials who committed abuses. There were no public reports of impunity involving officials, but there was also no publicly available information on whether authorities investigated complaints of police abuses, including prison conditions and mistreatment.

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. 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:

a. Freedom of Expression, Including for the Press

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. The media conformed to unpublished government guidelines. Editors and journalists are aware of government “red lines” for acceptable media content, enshrined in federal libel and slander laws. On other socially sensitive issues, they commonly practice self-censorship.

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 2018 the Supreme Court ruled that both online verbal and written insults are a prosecutable offense.

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. In April Dubai police arrested a man for allegedly publishing a video on social media that mocked the traditional dress of Emiratis.

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. The government continued to block Qatari-funded al-Jazeeras website and most Qatari broadcasting channels. During the year there were no confirmed arrests under the declaration.

Press and Media, Including Online Media: 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. Journalists reported the government maintains unpublished guidelines for acceptable media content. 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 2018 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.

Censorship or Content Restrictions: By law the NMC, whose chair the president appoints, licenses and censors all publications, including private association publications. In practice, domestic and foreign publications were censored to remove criticism of the government, ruling families, or friendly governments. Censorship also extends to statements that “threaten social stability,” and materials considered pornographic, excessively violent, derogatory to Islam, or supportive of certain Israeli government positions. In July Ajman authorities referred a resident to the Ajman criminal court for insulting Islam during a family gathering. 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. Government and private institutions must obtain a license before publishing or broadcasting media or advertising content, or face penalties. This applies 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.

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, including communication applications such as WhatsApp. In February a British woman was fined 10,000 AED ($2,722) and ordered deported by the Criminal Court of Ajman on defamation charges when she insulted her former husband on WhatsApp and Facebook years prior.

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 for excessively restricting freedom of speech, particularly in statements at the United Nations Human Rights Council in response to the country’s most recent Universal Periodic Review.

Internet Freedom

The government restricted access to some websites and conducted widespread surveillance of social media, instant messaging services, and blogs with little to no judicial oversight. 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. There are numerous documented instances of online surveillance used to track dissidents in the UAE and abroad. This includes reports that the government has purchased spyware and employed foreign hackers in systematic campaigns to target activists and journalists.

In December the New York Times and other media outlets reported that the UAE government was utilizing the mobile messaging and voice-over-internet-protocol application “ToTok” to track the conversations, locations, calendars, and address books of its users. According to media reports, “ToTok” is affiliated with DarkMatter, an Abu-Dhabi cyber-intelligence firm. Although the UAE Telecommunications Regulatory Authority issued a response stating its information security laws prohibit data breaches and unlawful interception, Google and Apple continued to block “ToTok” from their application stores through December.

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 2017 the government blocked Skype and in January 2018 reportedly blocked an online petition protesting that move. The voice and video functions 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.

The 2012 cybercrimes decree and the 2015 Antidiscrimination Law provide for more severe penalties for violations, including sentences up to life imprisonment and fines depending on severity and seriousness of the crime. In August 2018 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 Ras al-Khaimah police warned residents that posting or circulating “fake news” on social media was punishable by fines up to one million AED ($272,000).

Dubai Police reported in May that they had received 9,000 cybercrime reports through the Dubai Police’s E-Crime platform since its launch in 2018. The NMC requires 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. In June the NMC warned that unlicensed paid social media influencers face a fine of 5,000 AED ($1,361).

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.

b. Freedoms of Peaceful Assembly and Association

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. The government imposed significant restrictions in practice.

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 significant restrictions on freedom of association in practice.

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 all 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.

In December UAE authorities detained and subsequently deported Serbian investigative journalist Stevan Dojcinovic at the Abu Dhabi International Airport after denying him entrance into the UAE, where he was scheduled to speak at the eighth session of the Conference of the State Parties to the UN Convention Against Corruption. According to Dojcinovic, UAE authorities said he was placed on a travel “black-list” by an undisclosed foreign government other than the UAE. Human rights organizations and foreign journalists linked the UAE government’s actions to Dojcinovic’s investigative reporting on corruption and the Serbian government’s ties to the UAE.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

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. In addition, 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 669 prisoners ahead of Eid al-Adha and pledged to settle financial obligations of released prisoners. Rulers across the emirates pardoned over 1,800 prisoners ahead of national day. In May a Dubai-based businessperson cleared the debts of 600 prisoners to honor the holy month of Ramadan.

Travel bans were placed on citizens and noncitizens. 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 complex cases, particularly in the investigation of financial crimes, travel bans remained in place for three years or more. In January Dubai’s Rental Dispute Center launched a smart system that allows rent defaulters with travel bans to settle their dues at the airport. Under the system, defaulters may present their case virtually to a judge and settle part of the amount owed prior to traveling.

In June the International Court of Justice rejected the UAE’s request for immediate measures against Qatar, ruling that the rights claimed did not fall under the antidiscrimination treaty. The UAE requested that the court bring provisional measures against Qatar to include that Qatar stop its national bodies and its State-owned, controlled and funded media outlets from disseminating false accusations regarding the UAE. In 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.

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.

f. 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 2018 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 of that year for a permit to legally remain in the UAE for one additional year. These applicants were also exempted from immigration fines. According to foreign observers, as of September the government had not issued instructions on how to extend the permits issued in August 2018, which expired in August 2019, or whether this would be allowed.

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 2018 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. The UN Working Group on Enforced or Involuntary Disappearances (WGEID) addressed a letter to the government in January stating that the expected deportation to Pakistan of Rashid Hussain Brohi (see section 1.e.) “would appear to be in contravention of the principle of nonrefoulement.”

According to Amnesty International and the WGEID, authorities arrested Rashid Hussain Brohi, a Pakistani activist in the Baloch National Movement, without a warrant. Reports claimed that Brohi, who fled to the country after allegedly receiving threats from Pakistani security forces, was held incommunicado from December 2018 until his deportation to Pakistan in June. The WGEID addressed a letter to the government in January stating that deportation of Brohi to Pakistan “would appear to be in contravention of the principle of nonrefoulement.”

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.

Section 3. Freedom to Participate in the Political Process

The law does not provide citizens the ability to choose their government in free and fair periodic elections based on universal and equal suffrage. Federal executive and legislative power is in the hands of the Federal Supreme Council, a body composed of the hereditary rulers of the seven emirates. It selects from its members the country’s president and vice president. Decisions at the federal level generally are by consensus among the rulers, their families, and other leading families. The ruling families, in consultation with other prominent tribal figures, also choose rulers of the emirates.

Citizens could express their concerns directly to their leaders through an open majlis, a traditional consultative mechanism. On occasion women attended a majlis. If a majlis was closed to women, men sometimes voiced concerns as proxies on behalf of women. In addition, authorities sometimes held a women-only majlis or a majlis focused specifically on women’s issues.

Elections and Political Participation

Recent Elections: In October an appointed electorate of more than 330,000, representing just under a quarter of the total citizen population, elected 20 members of the Federal National Council (FNC), a 40-member consultative body with some legislative authority. The size of the electorate increased by approximately 50 percent from the 2015 election. Each emirate receives seats in the FNC based on population. In a nontransparent process, each emirate ruler appoints that emirate’s portion of the other 20 FNC members. Approximately 35 percent of eligible voters participated, electing seven women to the council. In December 2018 the government decreed that women’s representation in the FNC would be raised to 50 percent during the 2019 election cycle.

Political Parties and Political Participation: Citizens did not have the right to form political parties.

Participation of Women and Minorities: Although some traditional practices discouraged women from engaging in political life, no laws limit participation of women or members of minorities in the political process. The government prioritized women’s participation in government. There were nine female ministers in the 31-member cabinet, an increase of two women from the previous cabinet, and 20 women in the FNC (seven elected).

Except in the judiciary and military, religious and racial minorities (including Shia) did not serve in senior federal positions. Many judges were contracted foreign nationals.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for official corruption, and the government generally implemented the law effectively. There were isolated reports of government corruption.

Nepotism and conflict of interest in government appointments and contract allocations existed. The Ministries of the Interior and Justice and the state audit institutions are responsible for combating government corruption.

Corruption: In July the Ras al-Khaimah Criminal Court sentenced a government employee to six months in jail and a fine of 104,000 AED ($28,312) for embezzling public funds and forging documents.

Authorities also prosecuted cases of police corruption. In July a Dubai police officer was charged with illegally arresting a victim, abetting a crime, and illegally providing official information after he arrested a visitor on behalf of a businessman who forced the detainee to sign a promissory note.

Financial Disclosure: There are no financial disclosure laws, regulations, or codes of conduct requiring officials to disclose their income and assets. The operating instructions for the FNC elections did require all candidates to disclose sources of funding for their campaigns.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

The government generally did not permit domestic or international organizations to focus on domestic political or human rights issues.

The government directed, regulated, and subsidized participation by all NGO members in events outside the country. All participants had to obtain government permission before attending such events. The government also restricted entry to the country by members of international NGOs. The Antidiscrimination Law, which prohibits multiple forms of discrimination and criminalizes acts the government interprets as provoking religious hatred or insulting religion through any form of expression, provides a legal basis for restricting events such as conferences and seminars. The law also criminalizes the broadcasting, publication, and transmission of such material by any means, including audio/visual or print media, or via the internet, and prohibits conferences or meetings the government deems promote discrimination, discord, or hatred.

The United Nations or Other International Bodies: The government did not allow international human rights NGOs to maintain offices in the country but did allow their representatives to visit on a limited basis. There were no transparent standards governing visits from international NGO representatives.

Government Human Rights Bodies: Two recognized local human rights organizations existed: The government-supported the EHRA, which focused on human rights problems and complaints on matters such as labor conditions, stateless persons’ rights, and prisoners’ well-being and treatment; and the Emirates Center for Human Rights Studies, which focused on human rights education for lawyers and legal consultants. Several EHRA members worked in the government and the organization received government funding. The EHRA claimed it operated independently without government interference, apart from requirements that apply to all associations in the country. In September 2018 the EHRA accused HRW and Amnesty International of disseminating incorrect and misleading information regarding the human rights situation in the country.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, which is punishable by death under the penal code. The penal code does not address spousal rape.

The penal code allows men to use physical means, including violence, at their discretion against female and minor family members. Punishments issued by courts in domestic abuse cases were often minimal. In some cases, police shared a victim’s contact information with her or his family, which sometimes reached the assailant.

In general, the government did not enforce domestic abuse laws effectively, and domestic abuse against women, including spousal abuse, remained a problem. For example, in February local and international media reported the case of Hind Albolooki, an Emirati woman who fled the UAE and attempted to claim asylum in Macedonia after allegedly receiving threats from family members for wanting a divorce from her abusive husband. Albolooki, who faced deportation after the asylum claim was denied, remained in an immigration detention center in Macedonia at year’s end while the European Court of Human Rights processed her case. There were reports employers raped or sexually assaulted foreign domestic workers. These cases rarely went to court, and those that did led to few convictions. In one such conviction in December 2018, a man was sentenced to a suspended three-month jail term and deportation after sexually assaulting two domestic workers. In sharia courts, which are primarily responsible for civil matters between Muslims, the extremely high burden of proof for a rape case contributed to a low conviction rate. In addition, female victims of rape or other sexual crimes faced the possibility of prosecution for consensual sex outside marriage instead of receiving assistance from authorities.

Victims of domestic abuse may file complaints with police units stationed in major public hospitals. Social workers and counselors, usually female, also maintained offices in public hospitals and police stations. There were domestic abuse centers in Abu Dhabi, Dubai, Ras al-Khaimah, and Sharjah.

The government, in coordination with social organizations, sought to increase awareness of domestic violence, conducting seminars, educational programs, symposiums, and conferences. The Dubai Foundation for Women and Children increased awareness of domestic violence through social media, television, radio programming, and advertising; by hosting workshops; and sponsoring a hotline.

Female Genital Mutilation/Cutting (FGM/C): The law does not address FGM/C, although the Ministry of Health prohibits hospitals and clinics from performing the procedure. FGM/C is practiced by some tribal groups and was reportedly declining as a traditional custom, yet little information was available. Foreign residents from countries where FGM/C is prevalent undertook the practice.

Sexual Harassment: The government prosecutes harassment via the penal code. Conviction of “disgracing or dishonoring” a person in public is punishable by a minimum of one year and up to 15 years in prison if the victim is younger than age 14. Conviction for “infamous” acts against the rules of decency is punishable by a penalty of six months in prison, and “dishonoring a woman by word or deed on a public roadway” is also a punishable offense. The government generally enforced this law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women in general faced legal and economic discrimination, with noncitizen women at a particular disadvantage.

The government’s interpretation of sharia applies in personal status cases and family law. Muslim women must have the consent of their guardians to marry. Local interpretation of sharia forbids Muslim women to marry non-Muslims. In addition, the law permits a man to have as many as four wives, women normally inherit less than men, and a son’s inheritance may be double that of a daughter.

For a woman to obtain a divorce with a financial settlement, she must prove her husband inflicted physical or moral harm upon her, abandoned her for at least three months, or had not provided for her or their children’s upkeep. Physical abuse claims require medical reports and two male witnesses. It is up to the judge’s discretion to consider women as full witnesses or half witnesses. Alternatively, women may divorce by paying compensation or surrendering their dowry to their husbands.

The strict interpretation of sharia does not apply to child custody cases, and courts have applied the “the best interests of the child” standard since 2010. According to sharia a divorced woman may lose custody of her children to their father once daughters reach 13 years of age and sons 11 years of age. Women are permitted to file for continued custody until a daughter is married or a son finishes his education. Under federal law, fathers are permitted to seek custody of an under-11-year-old son if they feel the child has become “too soft.”

The law provides for corporal punishment for sexual relations and pregnancy outside of marriage. The government may imprison and deport noncitizen women who bear children out of wedlock. In February a Fujairah court sentenced an unmarried woman to three months in prison and deportation after a medical visit revealed she was having complications associated with pregnancy.

Women who worked in the private sector, and especially nonnationals, regularly did not receive equal benefits and reportedly faced discrimination in promotions and pay (see section 7.d.). Labor law prohibits women from working in hazardous, strenuous, or physically or morally harmful jobs.

While education is equally accessible, federal law prohibits coeducation in public universities, except in the United Arab Emirates University’s Executive MBA program and in certain graduate programs at Zayed University. A large number of private schools, private universities, and institutions, however, were coeducational. According to officials, local women represent more than 70 percent of national higher education students.

The government excluded women from certain social and economic benefits, including land grants for building houses, because tribal family law often designates men as the heads of families.

The government has a Gender Balance Council to promote a greater role for female citizens, but not noncitizens, working outside the home.

Children

Birth Registration: Children generally derive citizenship from their parents. As noted above the children of UAE citizen mothers married to foreigners did not receive citizenship automatically. The government registered noncitizen births, including of Bidoon. The criminalization of sexual relations outside of marriage prevented the registration of children born out of wedlock and, as a result, access to travel documents.

Education: Education is compulsory through the ninth grade; however, the law was not enforced, and some children did not attend school, especially children of noncitizens. The government provided free primary education only to citizens. Noncitizen children could enroll in public schools only if they scored more than 90 percent on entrance examinations, which authorities administered only in Arabic. In September 2018 the Ministry of Education made all public schools coeducational from the first to fifth grades, starting with that year’s first grade class.

Child Abuse: The law prohibits child abuse, and the government has taken steps to increase awareness of the issue, including the Child Safety Campaign, which reinforced the role of media in protecting the rights of children. The government provided shelter and help for child victims of abuse or sexual exploitation. In March, the Dubai Foundation for Women and Children opened a new shelter for children up to 12 years of age who have been victims of violence and exploitation and have no parents or dependents. The shelter has capacity to accommodate 25 children and provides social and medical services.

Early and Forced Marriage: The legal age of marriage for both men and women is 18, unless a judge gives approval for an earlier marriage. The Committee on the Elimination of Discrimination against Women previously reported on the persistence of unregistered child marriages.

Sexual Exploitation of Children: The law criminalizes the sexual exploitation of children, with a minimum penalty for conviction of 10 years in prison. Consensual sex is illegal outside of marriage, carrying a minimum penalty of one year in prison. The penalty for conviction of sex with children younger than 14 is life imprisonment. Distribution and consumption of child pornography is illegal.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

There is no indigenous Jewish community. There were no synagogues and no formal recognition of the very small foreign Jewish population (which constituted less than 1 percent of the population); the foreign Jewish community could conduct regular prayer services in rented space. In May the Anti-Defamation League announced the appointment of the first chief rabbi of the Jewish community in the UAE at an event cohosted with the UAE Embassy in Washington. Occasionally, social media contained anti-Semitic remarks and local Arabic print media featured anti-Semitic caricatures in political cartoons. There was anti-Semitic material available at some book fairs, including a few that operated with government oversight.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities in employment, education, air travel and other transportation, access to health care, or the provision of other state services.

Public and private facilities provided education, health services, sports, and vocational rehabilitation for persons with disabilities. Many of the facilities were reserved for citizens.

The Ministry of Community Development (formerly Social Affairs) is the central body responsible for protecting the rights of persons with disabilities and raising awareness at the federal and local level. In accordance with the law, most public buildings provided some form of access for persons with disabilities.

Government entities, including the Ministry of Community Development, the Services for Educational Development Foundation for Inclusion, and the Sports Organizations for Persons with Disabilities, sponsored conferences and workshops emphasizing the inclusion and integration of persons with disabilities into schools and workplaces. The government continued to raise public awareness of societal inclusivity through its National Strategy for Empowering People with Special Needs. The policy includes investment in research and development for health and rehabilitation, an integrative education system, vocational rehabilitation and employment, creation of unified criteria for building requirements, social protection, and societal integration through cultural, sports, and social activities. In July Prime Minister of the UAE and Ruler of Dubai Mohammad Bin Rashid Al-Maktoum directed service-related organizations to designate a person in charge of facilitating services for persons with disabilities.

Various departments within the Ministries of Human Resources and Emiratization (formerly Labor), Education, and Community Development are responsible for protecting the rights of persons with disabilities, and the government enforced these rights in employment, housing, and entitlement programs (see also section 7).

The government sponsored several initiatives to host international conferences for persons with disabilities emphasizing rights, opportunities, and the importance of social inclusion. The government also improved accessibility of public facilities. In March Abu Dhabi hosted the Special Olympics World Games in 2019 and in November Dubai hosted the world’s first Accessible Tourism International Summit.

National/Racial/Ethnic Minorities

Approximately 90 percent of the country’s residents were noncitizens, more than half of whom originated from South Asia. Societal discrimination against noncitizens was prevalent and occurred in most areas of daily life, including employment, education, housing, social interaction, and health care.

The law allows for criminalizing commercial disputes and bankruptcy, which led to discrimination against foreigners. Authorities enforced these laws selectively and allowed citizens to threaten noncitizen businesspersons and foreign workers with harsh prison sentences to assure a favorable outcome in commercial disputes.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Both civil law and sharia criminalize consensual same-sex sexual activity. Under sharia individuals who engage in consensual same-sex sexual conduct could be subject to the death penalty. Dubai’s penal code allows for up to a 10-year prison sentence for conviction of such activity, while Abu Dhabi’s penal code allows for up to a 14-year prison sentence. There were no reports of arrests or prosecutions for consensual same-sex activity.

The law does not extend antidiscrimination protections to LGBTI individuals on the basis of their sexual orientation, gender identity or expression, or sex characteristics. There were no government efforts to address potential discrimination.

By law wearing clothing deemed inappropriate for one’s sex is a punishable offense. The government deported foreign residents and referred the cases of individuals who wore clothing deemed inappropriate to the public prosecutor.

The law permits doctors to conduct sex reassignment surgery when there are “psychological” and “physiological” signs of gender and sex disparity. The penalty for performing an unwarranted “sex correction” surgery is three to 10 years in prison. In 2018 the Abu Dhabi Federal Court of First Instance denied a January request for legal gender recognition by three local transgender persons who sought legally to change their names and update their gender on official documents. The Federal Appeals Court upheld the lower court’s ruling in March 2018. The Abu Dhabi Court of Cassation rejected their final appeal in December 2018.

Due to social conventions and potential repression, LGBTI organizations did not operate openly, nor were gay pride marches or gay rights advocacy events held.

There were reports of LGBTI persons being questioned in national airports on the basis of appearance and behavior.

HIV and AIDS Social Stigma

Noncitizens and, to a lesser extent, citizens with HIV/AIDS and other diseases faced discrimination. Legal protections against employment and education discrimination for individuals with HIV/AIDS, as well as free access to HIV treatment and care programs, existed for citizens; however, noncitizens did not have these rights. The government does not grant residency or work visas to persons with certain communicable diseases including HIV/AIDS. Noncitizens who test positive for these diseases may be detained and deported. Doctors are required to inform authorities of HIV/AIDS cases, reportedly discouraging individuals from seeking testing or treatment.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law does not protect the right to organize, strike, or bargain collectively. The law does not permit workers to form or join unions. The labor law forbids strikes by public sector employees, security guards, and migrant workers. The law does not entirely prohibit strikes in the private sector but allows an employer to suspend an employee for striking. In the private sector, the Ministry of Human Resources and Emiratization, formerly the Labor Ministry, must approve and register individual employment contracts. The labor law does not apply to agricultural workers or to most workers in export processing zones. Domestic workers fall under a separate labor law but are regulated by the Ministry of Human Resources and Emiratization. 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.

Private sector employees may file collective employment dispute complaints with the Ministry of Human Resources and Emiratization, which by law acts as mediator between the parties. Employees may then file unresolved disputes within the labor court system, which forwards disputes to a conciliation council. Public sector employees may file an administrative grievance or a case in a civil court to address a labor-related dispute or complaint. Administrative remedies are available for labor complaints, and authorities commonly applied them to resolve issues such as delayed wage payments, unpaid overtime, or substandard housing.

All foreign workers have the right to file labor-related grievances with the Ministry of Human Resources and Emiratization. The ministry sometimes intervened in foreign workers’ disputes with employers and helped negotiate private settlements. The law allows employers to request the government to cancel the work permit of, and deport for up to one year, any foreign worker for unexcused absences of more than seven days or for participating in a strike.

The government generally enforced labor laws. In 2018 the Ministry of Human Resources and Emiratization issued its second Workers Welfare Report, which outlined and provided statistics on the ministry’s enforcement and dispute settlement activities regarding recruitment, contract integrity, payment of wages and overtime, housing accommodation, and health and safety. It also discussed domestic legislative and regulatory reforms affecting domestic workers.

Professional associations were not independent, and authorities had broad powers to interfere in their activities. For example, the Ministry of Human Resources and Emiratization had to license and approve professional associations, which were required to receive government approval for international affiliations and travel by members. The government granted some professional associations with majority citizen membership a limited ability to raise work-related issues, petition the government for redress, and file grievances with the government.

In Dubai the CDA regulates and provides licensing services to nonprofit civil society organizations and associations that organize ongoing social, cultural, artistic, or entertainment activities. In Dubai, all voluntary organizations and individual volunteers are required to register with the CDA within six months. In addition, all voluntary activities require a CDA permit, but there are no prescribed penalties for noncompliance.

Foreign workers may belong to local professional associations; however, they do not have voting rights and may not serve on association boards. Apart from these professional associations, in a few instances, some foreign workers came together to negotiate with their employers on issues such as housing conditions, nonpayment of wages, and working conditions.

The threat of deportation discouraged noncitizens from voicing work-related grievances. Nonetheless, occasional protests and strikes took place. The government did not always punish workers for nonviolent protests or strikes, but it dispersed such protests, and sometimes deported noncitizen participants. According to media reports, 900 men living in company accommodations in Dubai and Ras al-Khaimah appealed to the Ministry of Labor for assistance after their employer failed to pay wages for 10 months.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law, particularly in the domestic worker sector.

The government took steps to prevent forced labor through continued implementation of the Wages Protection System (WPS) (see section 7.e.). The government enforced fines for employers who entered incorrect information into the WPS, did not pay workers for more than 60 days, or made workers sign documents falsely attesting to receipt of benefits. According to local media reporting, some firms withheld ATM cards from employees, withdrawing the money and paying the employee anywhere between 35 to 40 percent less than the mandated salary.

In July the government announced it had launched 132 educational lectures to inform 6,640 workers in Dubai about UAE labor laws and regulations as well as occupational health and safety standards in the workplace.

The domestic worker law that regulates domestic workers’ contracts, rights and privileges, prohibitions, and recruitment agencies was implemented throughout the year.

It was relatively common for employers to subject migrant domestic workers, and to a lesser degree, construction and other manual labor workers, to conditions equivalent to forced labor. Workers experienced nonpayment of wages; unpaid overtime; failure to grant legally required time off, withholding of passports, threats; and, in some cases, psychological, physical, or sexual abuse. Contract substitution remained a problem. In a few cases physical abuses led to death. Local newspapers reported on court cases involving violence committed against maids and other domestic workers. In August local media reported that the Philippine Overseas Labor Office in Dubai had sheltered a total of 1,737 women between January and June, 86 percent of whom left their employers due to alleged maltreatment, including long work hours, verbal and physical abuse, and lack of food.

In violation of the law, employers routinely held employees’ passports, thus restricting their freedom of movement and ability to leave the country or change jobs. In labor camps it was common practice for passports to be kept in a central secure location, accessible with 24 or 48 hours’ notice. In most cases individuals reported they were able to obtain documents without difficulty when needed, but this was not always the case. There were media reports that employees were coerced to surrender their passports for “safekeeping” and sign documentation that the surrender was voluntary. With domestic employees, passport withholding frequently occurred, and enforcement against this practice was weak.

Some employers forced foreign workers in the domestic and agricultural sectors to compensate them for hiring expenses such as visa fees, health exams, and insurance, which the law requires employers to pay, by withholding wages or having these costs deducted from their contracted salary. Some employers did not pay their employees contracted wages even after they satisfied these “debts.” There were other reports from community leaders that employers would refuse to apply for a residency visa for their domestic workers, rendering them undocumented and thus vulnerable to exploitation.

Although charging workers recruitment fees was illegal, workers in both the corporate and domestic sectors often borrowed money to pay recruiting fees in their home countries, and as a result spent most of their salaries trying to repay home-country labor recruiters or lenders. These debts limited workers’ options to leave a job, and sometimes trapped them in exploitive work conditions. The Ministry of Human Resources and Emiratization oversees recruitment of domestic workers. In 2018 the ministry established Tadbeer recruitment centers, one-stop shops for recruitment agencies to register their services, workers to undergo interviews and receive training, and visas and identification documents to be distributed. However, locals reported that Tadbeer has been slow to bring these recruitment centers up to full functionality, noting ongoing difficulties with processing basic services.

Also see the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employment of persons younger than 15 and includes special provisions regarding children ages 15 to 18. The law, however, excludes agricultural work, leaving underage workers in these sectors unprotected. Under the law governing domestic workers, 18 is the minimum age for legal work. The law allows issuance of work permits for 12- to 18-year-old persons, specifically for gaining work experience and under specific rules. The Ministry of Human Resources and Emiratization is responsible for enforcing the regulations and generally did so effectively.

d. Discrimination with Respect to Employment and Occupation

The Antidiscrimination Law prohibits all forms of discrimination based on religion, ethnicity, or race, although without specific reference to employment. Penalties are adequate and include fines and jail terms of six months to 10 years. To date the law has only been applied in cases of religious discrimination, including one incident that occurred in a work environment.

No specific law prohibits or regulates discrimination regarding sex, political opinion, national origin or citizenship, social origin, disability, sexual orientation or gender identity, age, language, or communicable disease status in employment or occupation. Various departments within the Ministries of Human Resources and Emiratization, Education, and Community Development are responsible for protecting the rights of persons with disabilities, and the government enforced these rights in employment, housing, and entitlement programs. Enforcement was effective for jobs in the public sector and the government made efforts to encourage private sector hiring of persons with disabilities. In September the Government Accelerators program organized a recruitment drive for persons with disabilities seeking private sector jobs. Some emirates and the federal government included statements in their human resources regulations emphasizing priority for hiring citizens with disabilities in the public sector and actively encouraged the hiring of all persons with disabilities. Public sector employers provided reasonable accommodations, defined broadly, for employees with disabilities. The employment of persons with disabilities in the private sector remained a challenge due to a lack of training and opportunities, and societal discrimination. Women who worked in the private sector, and especially nonnationals, regularly did not receive equal benefits and reportedly faced discrimination in promotions and equality of wages. Labor law prohibits women from working in hazardous, strenuous, or physically or morally harmful jobs. The domestic worker law also prohibits discrimination on the basis of race, color, gender, religion, political opinion, national, or social origin. Nevertheless, job advertisements requesting applications only from certain nationalities were common and not regulated. In free zones individualized laws govern employment requirements. For example, in the Dubai International Financial Center, employers may not discriminate against any person based on sex, marital status, race, national identity, religion, or disability.

e. Acceptable Conditions of Work

There is no national minimum wage. There was very limited information on average domestic, agricultural, or construction worker salaries or on public sector salaries. In some sectors minimum wages were determined by workers’ nationality and years of experience.

The law prescribes a 48-hour workweek and paid annual holidays. The law states daily working hours must not exceed eight hours in day or night shifts, and provides for overtime pay to employees working more than eight hours in a 24-hour period, with the exception of those employed in trade, hotels, cafeterias, security, domestic work, and other jobs as decided by the Ministry of Human Resources and Emiratization.

Government occupational health and safety standards require that employers provide employees with a safe work and living environment, including minimum rest periods and limits on the number of hours worked, depending on the nature of the work. For example, the law mandates a two-and-one-half-hour midday work break, from 12:30 p.m. to 3:00 p.m., between June 15 and September 15, for laborers who work in exposed open areas, such as construction sites. Companies are required to make water, vitamins, supplements, and shelter available to all outdoor workers during the summer months to meet health and safety requirements. Employers who do not comply are subject to fines and suspension of operations. The government may exempt companies from the midday work break if the company cannot postpone the project for emergency or technical reasons. Such projects include laying asphalt or concrete and repairing damaged water pipes, gas lines, or electrical lines.

The Ministry of Human Resources and Emiratization was responsible for enforcing laws governing acceptable conditions of work for workers in professional and semiskilled job categories, but did not do so in all sectors, including the informal sector. To monitor the private sector, the ministry had active departments for inspection, occupational safety, combating human trafficking, and wage protection.

Workers in agriculture and other categories overseen by the Ministry of Interior come under a different regulatory regime. These workers are not covered by private and public sector labor law, but have some legal protections regarding working hours, overtime, timeliness of wage payments, paid leave, health care, and the provision of adequate housing; however, enforcement of these rules was often weak. As a result, these workers were more vulnerable to unacceptable work conditions.

There was no information available on the informal economy, legal enforcement within this sector, or an estimate of its size; however, anecdotal reports indicate it was common for individuals to enter the country on a nonwork visa and join the informal job sector, subjecting them to exploitative conditions. The government encouraged undocumented residents to legalize their status or leave the country voluntarily during a five-month amnesty period from August to December 2018.

Sailors faced particular difficulty remedying grievances against employers. In 2018 the Federal Authority for Land and Maritime Transport announced that ship owners operating in the country’s ports were required to carry insurance contracts for all sailors on board and mandated that sailors must be deported to their home countries in case of abandonment by the ship owner. In August the UAE coast guard allowed sailors from the abandoned MV Tamim Aldar ship to seek refuge on shore after spending three years stranded 46 km (31 miles) off the coast of Ras al-Khaimah waiting for their salaries to be paid. Complaints included unpaid salaries, harsh living conditions, lack of fuel, food, fresh water, and access to medical treatment. According to media reports, during the year the Indian diplomatic mission in Dubai has helped repatriate more than 100 sailors caught in similar circumstances.

The Ministry of Human Resources and Emiratization conducted inspections of labor camps and workplaces such as construction sites. The government also routinely fined employers for violating the midday break rule and published compliance statistics. The Abu Dhabi Judicial Department and Dubai Courts employed buses as mobile courts, which traveled to labor camps to allow workers to register legal complaints. Abu Dhabi’s mobile courtroom was used for cases involving large groups or those who encountered difficulties attending court.

The government took action to address wage payment issues. Its implementation of the WPS and fines for noncompliance discouraged employers from withholding salaries to foreign workers under the jurisdiction of the Ministry of Human Resources and Emiratization. The WPS, an electronic salary transfer system, requires private institutions employing more than 100 employees to pay workers via approved banks, exchange bureaus, and other financial institutions, to assure timely and full payment of agreed wages, within 10 days of payment due date. Under the law after 16 days of nonpayment, the Ministry of Human Resources and Emiratization will freeze issuance of new work permits to the employer. If the nonpayment lingers past 29 days, the ministry refers the case to the labor courts; after 60 days, a fine of 5,000 AED ($1,360) per unpaid worker is imposed, up to a maximum of 50,000 AED ($13,600). For companies employing less than 100 employees, the freezes, fines, and court referrals only apply after 60 days of nonpayment. The ministry monitored these payments electronically. The WPS, however, did not apply to foreign workers under the authority of the Ministry of Interior, such agricultural workers or to domestic laborers.

The Ministry of Human Resources and Emiratization conducted site visits to monitor the payment of overtime. Violations resulted in fines and in many cases a suspension of permits to hire new workers.

The Ministry of Human Resources and Emiratization continued efforts to provide for adequate health standards and safe food and facilities in labor camps. A ministerial decree requires that employers with 50 or more employees must provide low salaried workers (those earning less than 2,000 AED, or $550 per month) with accommodations. It conducted regular inspections of health and living conditions at labor camps, stated that it issued written documentation on problems needing correction, and reviewed them in subsequent inspections. Nevertheless, some low-wage foreign workers faced substandard living conditions, including overcrowded apartments or unsafe and unhygienic lodging in labor camps. In some cases, the ministry cancelled hiring permits for companies that failed to provide adequate housing. During some inspections of labor camps, the ministry employed interpreters to assist foreign workers in understanding employment guidelines. The ministry operated a toll-free hotline in several languages spoken by foreign residents through which workers were able to report delayed wage payments or other violations. The ministry’s mobile van units also visited some labor camps to inform workers of their rights.

The government instituted a revised standard contract for domestic workers aimed to protect domestic workers through a binding agreement between employers and domestic workers. The contract provides for transparency and legal protections concerning issues such as working hours, time-off, overtime, health care, and housing. Officials from some originating countries criticized the process, saying it prevented foreign embassies from reviewing and approving the labor contracts of their citizens. As a result, some countries attempted to halt their citizens’ travel to the UAE to assume domestic labor positions. Many still entered on visit visas, however, and then adjusted status, making them vulnerable to exploitation by illegal recruiters.

The government allowed foreign workers to switch jobs without a letter of permission from their employer. Labor regulations provide foreign employees the option to work without an employment contract or, in cases in which a contract was in force, to change employer sponsors after two years, as well as within the first two years within the terms of the contract. The government designed this regulation to improve job mobility and reduce the vulnerability of foreign workers to abuse. The regulation, however, did not apply to agricultural or domestic workers.

The government-supported NGO EHRA promoted worker rights. It conducted unannounced visits to labor camps and work sites to monitor conditions and reported violations to the Ministry of Human Resources and Emiratization.

There were cases in which workers were injured or killed on job sites; however, authorities typically did not disclose details of workplace injuries and deaths, including the adequacy of safety measures. The Ministry of Human Resources and Emiratization routinely conducted health and safety site visits. The ministry mandated that companies with more than 15 employees submit labor injuries reports. A ministerial resolution requires that private companies that employ more than 500 workers must hire at least one local as an occupational health and safety officer; companies with more than 1,000 employees must hire two health and safety officers. In addition, Dubai emirate required construction companies and industrial firms to appoint safety officers accredited by authorized entities to promote greater site safety.

Reports of migrant worker suicides or attempted suicides continued. In some cases, observers linked the suicides to poor working and living conditions, low wages, and financial strain caused by heavy debts owed to originating-country labor recruitment agencies. Dubai police and the Dubai Foundation for Women and Children, a quasi-governmental organization, conducted vocational training programs with some elements aimed at decreasing suicidal behavior.

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