A/HRC/14/43/Add.3
D.
Methodology
11.
The Special Rapporteur held meetings with authorities from the executive,
legislative and judiciary branches, both at the federal and Emirates level, in order to obtain
their views concerning racism, racial discrimination, xenophobia and related intolerance in
the United Arab Emirates, the adequacy of the existing legal and institutional human rights
framework and the programmes and policies adopted by the authorities to fight these
problems. Additionally, meetings with representatives of civil society were organized.
12.
In order to assess the main challenges that lie ahead in the fight against racism and
xenophobia in the United Arab Emirates, the Special Rapporteur brought to the attention of
the authorities some key concerns expressed by representatives of civil society. He also
relied on concluding observations and recommendations made by the Committee on the
Elimination of Racial Discrimination and the Universal Periodic Review of the Human
Rights Council. In this regard, he aimed to better understand the Government’s responses to
those challenges and, in addition, how it identified existing problems and devised solutions
thereto. The conclusions and recommendations in this report are based on these rich
exchanges with United Arab Emirates-based interlocutors and the Special Rapporteur’s
own analysis. He hopes that they will contribute to finding concrete ways and means of
addressing the challenges raised in this report in an effective and human rights-compliant
manner.
13.
Chapter III of this report examines the legal and institutional human rights
framework of the United Arab Emirates to combat racism. Chapter IV addresses a number
of key issues in the fight against racism, presenting the views shared with the Special
Rapporteur both by government officials and civil society. Finally, the conclusions and
recommendations of the Special Rapporteur are presented in chapter V.
III. Legal and institutional human rights framework
A.
Constitutional provisions
14.
Parts two and three of the Constitution of the United Arab Emirates contain
provisions of particular relevance to the mandate of the Special Rapporteur. These include
article 14 which states that “Equality, social justice, ensuring safety and security and
equality of opportunity for all citizens shall be the pillars of the society”; article 25 which
prescribes that “All persons are equal before the law, and there shall be no discrimination
among citizens of the Federation on grounds of origin, ethnicity, religious belief or social
status”; and article 40 which affirms that “Foreigners in the Federation enjoy the rights and
freedoms recognized in the applicable international covenants, treaties and conventions to
which the Federation is a party and incur the corresponding obligations.” In addition, other
human rights relating to, inter alia, education, medical care, employment, freedom of
movement, freedom of opinion and expression, freedom of assembly, prohibition of forced
labour, are also guaranteed by the Constitution.
15.
While expressing his appreciation that a range of human rights are protected by the
Constitution, the Special Rapporteur is concerned by the fact that some fundamental human
rights are granted to Emirati citizens, but not to non-citizens residing on the United Arab
Emirates territory. For instance, the above-mentioned articles 14 and 25 specifically refer to
rights granted to Emirati citizens. In addition, article 19 stipulates that “Medical care and
means of prevention and treatment of diseases and epidemics shall be ensured by the
community for all citizens”; article 26 prescribes that “Personal freedom is guaranteed to all
citizens”; article 29 states that “Freedom of movement and residence is guaranteed to
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