posted on 12/11/2006
President HH Sheikh Khalifa bin Zayed Al Nahyan has issued a federal law on combating crimes of human trafficking. The law was issued in accordance with approval of the federal cabinet and endorsement of the Supreme Council of the UAE federation and after perusal of federal laws on entry and residency of foreigners, labour, camel races and criminal procedures as well as the penal code.
According to the law, Trafficking in Persons refers to the recruitment, transportation, transfer or harbouring, or receipt of persons with or without the victim's consent or knowledge, by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation.
The 16-article law spells stiff penalties against traffickers ranging from one year to life in prison and financial fines amounting from Dh 20,000 up to Dh1 million.
Article 1 of the law defines human trafficking as "mobilising, transporting, dispatching, or receiving persons through the use or threatened use of force or any other forms of coercion, kidnapping, deceit, manipulation, misuse of power, exploitation of others' weaknesses, or giving or receiving financial funds or advantages to win the support of a person having influence over another person with a view to exploiting him." Exploitation is defined to include exploitation for sex, engaging others in prostitution, servitude, forced labour, enslavement, quasi-slavery practices, or detachment of organs.
An organised criminal gang is a defined as a group of three or more people who collaborate to carry out a premeditated act with the intent of committing a human trafficking crime for the sake of gaining directly or indirectly a financial or any other material benefit.
A crime is adjudged to be transnational if it is:
- Committed in more than one country,
- Committed in one country but preparation, planning, direction and supervision were carried out from another country,
- Committed in one country but the perpetrators were an organised criminal gang involved in criminal activities in several countries, or
- Committed in one country but its repercussions radiated into another country.
Article 2 sets an imprisonment term of at least five years for whoever commits a crime of human trafficking. The penalty will be life imprisonment if:
- Perpetrator has created, organised, run, assumed a leading role in, or solicited others to join, an organised criminal gang,
- The victim was a female, child (under 18 years), or handicapped
- The crime is committed through deceit, involved the use of force or threat of murder or bodily harm, or involved physical or psychological torture.
- The crime is committed by two or more people, or by an armed person,
- The perpetrator is a member of an organised criminal gang, or has consciously taken part in the activities of that gang,
- The perpetrator is the husband, an ancestor, descendent, or guardian of the victim,
- The perpetrator is a public servant or commissioned with a public task,
- The crime is a trans-national.
Article 3 spells out a penalty of one to five years in prison and/or a fine of Dh 5,000 to 20,000 for whoever was aware of a plan to commit one of the human trafficking crimes, but failed to inform the concerned authorities.
The law stipulates various imprisonment and fine penalties for a host of acts, including the use or threatened use of force or offering or promising a gift or advantage to prompt others to give a false testimony or withhold true information, and possessing, harbouring or dispensing articles gained through a human trafficking crime.
Corporate bodies will be liable to a fine ranging between Dh 100,000 and one million if their representatives, managers, or agents committed a human trafficking crime.
Without prejudice of others' right in good faith, funds, wares or instruments used in any fork of human trafficking crimes shall be confiscated.
According to article 12, the Council of Ministers shall set up a "national committee for combating human trafficking", comprising representatives of several ministries and organisations, to be tasked with studying and revising human trafficking legislations with a view to securing the necessary protection according to international standards. The committee shall also prepare reports on efforts taken by UAE to fight human trafficking and coordinate anti-human trafficking efforts with other authorities concerned. The committee shall promote public awareness through conferences, brochures and training, and shall take part in relevant international forums to explain the UAE stance on these matters.
The committee set-up shall comprise representatives from ministries of foreign affairs, interior, justice, labour, social affairs and health, state security organ and Red Crescent Society and other representatives to be decided by the council of ministers.
The law becomes effective one month after publication in the gazette. (Emirates News Agency, WAM)
