A/HRC/14/43/Add.3
identified as such and therefore not treated as criminals when caught by law
enforcement officials.
On education
74.
Taking into account the fact that education is one of the most efficient tools to
create a cohesive, inclusive and tolerant society, where the positive contribution of
diversity can be taught, the Special Rapporteur recommends that the Government
reconsider its current educational policy, so as to ensure that public educational
institutions are de facto open to all children, including to non-nationals.
On the legal and institutional framework to fight racism, racial discrimination,
xenophobia and related intolerance
75.
Due to the United Arab Emirates federal structure and the large measure of
independence left to each Emirate, the Special Rapporteur believes that one of the key
challenges for the implementation of anti-racism commitments in the United Arab
Emirates is to successfully involve the Emirates, where the locus of political power
often lies. Despite the commitments on human rights at the federal level, it is at the
level of the Emirates that the fight against racism and xenophobia, as well as the
effective implementation of anti-discrimination provisions, takes place. The Special
Rapporteur therefore believes that it is necessary to ensure that local authorities are
aware of federal human rights commitments. He also recommends that all related
laws and policies be harmonized in the country, so as to ensure that all individuals are
treated in a non-discriminatory manner and offered equal human rights protection in
the seven Emirates.
76.
In light of general recommendation No. 30 (2004) of the Committee on the
Elimination of Racial Discrimination and of its recent concluding observations
(CERD/C/UAE/CO/17, para. 11), the Special Rapporteur recommends that the
constitutional provisions restricting certain human rights to Emirati nationals be
revised so as to extend human rights protection to all individuals residing in the
United Arab Emirates, including non-nationals.
77.
As stated by the Committee on the Elimination of Racial Discrimination in its
recent concluding observations (CERD/C/UAE/CO/17, para. 12), “racial
discrimination or the potential for racial discrimination exists in all societies”. Thus,
while taking into account that provisions relating to the principles of equality and
non-discrimination do exist in various domestic legislative acts, the Special
Rapporteur recommends the Government to adopt a specific legislation on racism,
racial discrimination, xenophobia and related intolerance, which would clearly
demonstrate the State’s political commitment in the fight against racism and allow for
enhanced visibility and accessibility of the law for civil society, thereby enabling
individuals to resort to the relevant provisions in an easier and more effective manner.
78.
In order to strengthen the existing institutional human rights framework, the
Special Rapporteur recommends that the Government establish a national human
rights institution with a robust oversight mandate, including the monitoring of racism,
racial discrimination, xenophobia and related intolerance. Such a national human
rights institution may help to contribute to awareness-raising on human rights
challenges in the United Arab Emirates.
79.
The Special Rapporteur also recommends that the United Arab Emirates
accede to core international human rights instruments that contain provisions
reaffirming the fundamental human rights principles of non-discrimination and
equality. These include the International Covenant on Economic, Social and Cultural
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