A/HRC/14/43/Add.3 trade unions or other independent entities defending workers’ rights and as a result, the Government and the private sector are the sole entities deciding on labour-related issues. 40. Another issue raised by representatives of civil society related to the contracted debts with labour recruitment agencies in the countries of origin, which often compel unskilled foreign workers to work for months or years simply to pay off their loans. In this regard, the Special Rapporteur was pleased to learn about the conclusion of several Memoranda of Understanding with countries of origin of foreign workers. These include pilot projects where workers are followed-up in the various stages of their moves between the country of origin and the United Arab Emirates. 41. The questions of physical assaults and verbal abuse against domestic workers, as well as excessive hours of work, lack of pay and days of rest, were also often put forward. In addition, the Special Rapporteur’s attention was drawn to the fact that domestic workers cannot benefit from legal protection, since they are explicitly excluded from Federal Law No. 8 of 1980 on regulation of labour relations.9 He was also told that policies regarding domestic workers differ in each Emirate; while in some Emirates, it is compulsory to have domestic workers insured and provided with a contract of employment,10 other Emirates are allegedly more lenient in this regard. 42. While the Special Rapporteur received assurances from several Ministries that the aforementioned issues are under serious consideration and review by the relevant authorities, he would strongly urge the Government, particularly in the context of the global economic crisis which puts construction and domestic workers in a situation of enhanced vulnerability, to act swiftly to ensure that their rights are protected. In this regard, he particularly welcomes the efforts being made to draft and debate new labour legislation and hopes that a new legislation offering enhanced protection will enter into force as soon as possible. Similarly, the Special Rapporteur was encouraged to learn that the Ministry of Interior was working on a draft legislation concerning domestic workers. He recommends that the Government continue to enhance the effective implementation of existing laws related to the treatment of unskilled foreign workers. 43. In addition to the above, the Special Rapporteur would like to encourage the Government to take into account the fact that foreign workers, including construction and domestic workers, referred to as “temporary contractual workers” — and not as “migrant workers” — by all government officials, often remain in the country for many years, if not decades. Thus, in order to foster a stable and inclusive society where everyone can contribute to the building of the United Arab Emirates, the Special Rapporteur believes that a more secure and durable relationship ought to be cultivated between foreign workers and their host country. 9 10 12 According to article 3 of Federal Law No. 8 of 1980 on regulation of labour relations, “The provisions of this Law shall not apply to […] Domestic servants employed in private households, and the like.” In its seventeenth periodic report to the Committee on the Elimination of Racial Discrimination, the United Arab Emirates announced the introduction of a standard employment contract for domestic workers and persons of similar status, which entered into effect on 1 April 2007. Accordingly, this contract “regulates the work of persons in these categories based on the nature of the work and tasks undertaken, granting these workers the right to adequate rest breaks and medical treatment and care in accordance with the health regulations in force in the State. Wages are set by agreement between the two parties”. See CERD/C/ARE/12-17, paragraphs 132–134. GE.10-12576