A/HRC/14/43/Add.3
significantly contributed to the building of the country has also created tremendous
challenges for Emirati society, in terms of national identity, social integration and
capacity for absorption. While the Government has taken commendable initiatives in
recent years to address some of these numerous challenges, much remains to be done
in terms of legislation, policies and their effective implementation, as well as in terms
of human rights education and awareness-raising. In this regard, the Special
Rapporteur would like to make the following recommendations.
On national identity and the granting of citizenship
64.
The Special Rapporteur is of the view that a public debate on the question of
the definition of national identity might help defuse tensions and ensure the peaceful
coexistence of the great variety of ethnic and national groups residing in the country.
This debate could be held by the Federal National Council and could be
complemented by a more open setting (public conference or seminar) allowing
Emirati citizens to convey their concerns and find equitable solutions to this
important issue. Members of foreign communities who constitute the great majority of
the population in the country should also be invited to contribute constructively in
such a public debate.
65.
While the granting of citizenship and the rights and privileges attached thereto
remain within the domestic jurisdiction of each State, the Special Rapporteur
recommends that the Government reconsider its current policy on the granting of
citizenship in line with international law. In addition, bearing in mind that human
rights are, in principle, to be enjoyed by all persons, a fair and just balance should be
reached between rights conferred to nationals and those conferred to non-nationals. It
is also necessary to ensure that valid applications for citizenship by individuals who
have lawfully lived in the United Arab Emirates for a certain period of time be
reviewed and processed in a non-discriminatory manner. The policy in this area ought
to be fully harmonized in all seven Emirates, so that individuals are guaranteed equal
treatment in the whole country when applying for citizenship.
On construction and domestic workers
66.
The Special Rapporteur was told by virtually all his interlocutors that the living
and working conditions of unskilled foreign workers had much improved in recent
years thanks to commendable initiatives taken by the Government. Nonetheless, the
Special Rapporteur believes that significant efforts are still needed to remedy the
manifold and long-standing human rights violations suffered by unskilled foreign
workers, including construction and domestic workers. In the context of the global
economic crisis, he urges the Government to take necessary steps, including legislative
ones, to address issues relating to, inter alia, the severe risk of exploitation of unskilled
foreign workers under the sponsorship system, the confiscation of their passports, the
prohibition to constitute trade unions and their contracted debts with labour
recruitment agencies.
67.
The Special Rapporteur was pleased to learn about steps undertaken to review
Federal Law No. 8 of 1980 on regulation of labour relations. He recommends that the
proposed draft amendments be publicly circulated — as was done in February 2007
— so that relevant stakeholders, including civil society representatives, may convey
their suggestions to the authorities about the draft law. Once adopted, the Special
Rapporteur hopes that the effective implementation of the revised law will offer
enhanced protection to all workers. In particular, he recommends that the revised law
include provisions aiming at protecting the right to establish trade unions, in
accordance with international human rights standards.
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