A/HRC/14/43/Add.3
68.
While the Special Rapporteur was encouraged to learn about initiatives aiming
to protect domestic workers, such as the introduction of a model contract, he strongly
recommends the Government to regulate the work of domestic workers with a new
specific legislation that provides no less protection than that provided in Federal Law
No. 8 of 1980 on regulation of labour relations and which is in conformity with human
rights standards or to extend protection of the existing Federal Law No. 8 of 1980.
69.
In line with general recommendation No. 30 (2004) of the Committee on the
Elimination of Racial Discrimination, the Special Rapporteur recommends that the
Government take necessary steps to address xenophobic attitudes and behaviour
towards non-citizens and to promote a better understanding of the principle of nondiscrimination in respect of the situation of non-citizens. Such steps could include
awareness-raising campaigns underlining the positive contribution to the building of
the United Arab Emirates by foreign workers, in particular by unskilled ones. This
could also help foster a more secure and durable relationship between foreign
workers, who often remain in the United Arab Emirates for decades, and their host
country.
On stateless individuals
70.
The situation of stateless individuals or “Bidoons”, as they are commonly called
in the United Arab Emirates, was a matter of great concern throughout the Special
Rapporteur’s mission. While recognizing that recent initiatives have been launched by
the Government in order to regularize the status of approximately 1,500 “Bidoons”,
the Special Rapporteur expresses his grave concerns at the high number of “Bidoons”
who still remain in a vulnerable status of statelessness. He therefore recommends that
priority be given to finding a definitive, humane and equitable solution to the situation
of “Bidoons” in order to ensure that their human rights are protected and that they
have adequate access to health, education, social services and to employment, and that
they receive non-discriminatory treatment with regard to administrative procedures
and the administration of justice.
71.
The Special Rapporteur also emphasizes that the right to a nationality is a
fundamental human right which should be guaranteed without discrimination on the
grounds of race, colour, descent or national or ethnic origin. Consequently, he
recommends that the Government examine and swiftly process the applications for
citizenship by stateless individuals which have in some cases been pending for years, if
not decades.
72.
Concerning the impossibility for Emirati women married to foreign nationals
to pass their nationality to their children, the Special Rapporteur recommends that
the Government consider reviewing its legislation in order to prevent that these
children become stateless in some cases. He also recommends the Government to
review its practice with regard to implementation of article 2 (d) of Federal Law No.
17 of 1972 concerning nationality and passports so as to prevent the perpetuation of
statelessness from generation to generation. In addition, he recommends that the
reservations to the Convention on the Elimination of Discrimination against Women
and to the Convention on the Rights of the Child be withdrawn.
On human trafficking
73.
The Special Rapporteur recommends that the Government continue its efforts
in the fight against human trafficking, in particular by bringing to justice those
involved in such criminal activities. He also recommends that all necessary measures
be taken by the Government in order to ensure that victims of human trafficking are
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