UAE to Redraw Law for Human trafficking Offences


NEWS FROM THE UAE
SOURCE : THE NATIONAL


Human trafficking law to be redrawn


ABU DHABI - APR 22: The Government will strengthen the law on human trafficking to make it easier to prosecute the gangs behind it, a senior Ministry of Interior official said yesterday.

Officials will redraw the classifications for human trafficking offences, Col Ahmed al Muharami, the manager of the human rights department at the ministry, said at a symposium in the capital.

The Government also plans to compile a database of offenders and victims to help keep tabs on the illegal trade and improve the sharing of information among UAE authorities.

There are also plans to improve co-ordination between departments, particularly the ministries of justice, interior, labour and the police, to make better use of existing laws.

The UAE has signed several international conventions on human trafficking, but the number of prosecutions remains limited.

In 2006, a federal law was introduced calling for a minimum of five years in prison for traffickers – the first such law in the Arab world.

The country has also ratified the UN Convention against Transnational Organised Crime.

“We already have the basics and now we are initiating efforts to improve our powers and police and security departments to protect us against this crime,” said Saif al Shafar, the under-secretary at the Ministry of Interior. He said the ministry was putting its “full effort” into tackling the problem.

Officials could not give current figures on human trafficking cases, but said the Ministry of Interior registered 10 in 2007, and only seven in all the years prior.

According to the Global Report on Trafficking Persons, released by the UN Office on Drugs and Crime (UNODC) in February, most victims in this country were women from Uzbekistan, Moldavia and South Asia who had been forced into prostitution. More than half of the convicted offenders were South Asian men.

Dr Abdullah bin Sahoa, the director of the Sharjah Naturalisation and Residency Department, said those issuing visas had a “vital role” to play in combating human trafficking.

“There are efforts within the department to bring it up to the standards of the new approach that the UAE is taking to this problem.”

He added that authorities needed to do more to follow up on visa violations.

He called for more vigilance checking passports at borders and more thorough checks when issuing visas.

“The issuing of visa permits needs to be controlled to ensure that the right people are coming in.”

The Ministry of Labour said it was trying to ensure people were not lured to the country under false pretences.

It added that “very stiff measures” would be imposed on companies that failed to pay workers.

Humaid bin Demas, the under-secretary at the Ministry of Labour, said that if a worker “is not getting a salary, he is being exploited”. He said 55 inspectors had been appointed over the past six months to ensure workers were properly paid.

In the past year, the Ministry of Labour has referred 50 employers who mistreated employees to the courts, he said.

As well as looking at ways to prosecute more human traffickers, the symposium discussed how to better safeguard and rehabilitate victims.

A new shelter for women and children who are victims of human trafficking was established in Abu Dhabi in 2008 and currently has about 35 residents.

Similar centres are planned for all the emirates, Mr al Shafar said.

As such facilities grow, so does their need for funding. Dr Ahmed Abed al Daher, a legal adviser at the ministry, called on the Government to set up a fund to compensate victims of human trafficking crimes and provide them with support and rehabilitation.

“There are funds here in the UAE that aren’t used and could be utilised for the victims of these crimes.”

Mr al Daher suggested the fund could be financed through the confiscations, zakat (alms), returns on endowments and uninherited money and estates.

Members of various ministries, the police, associations and activists all attended the start of the two-day symposium. It was one of the first events held by the Ministry of Interior’s new human rights department.


When prison is not the right penalty


ABU DHABI - APR 22: A minister yesterday said that two types of common offences – traffic violations and antisocial behaviour – could soon be punishable by community service.

A draft law was recently approved by the Cabinet that would give courts the power to order people convicted of minor crimes to work in the community instead of serving jail time.

Speaking to members of the Federal National Council yesterday, Sheikh Saif bin Zayed, the Minister of Interior, for the first time specified the category of offences and types of community service that could be included.

It remained unclear, however, exactly what crimes would be covered.

Referring first to antisocial behaviour, he said community service could help address the fact that the federal Government had no plans to follow some emirates in introducing a code of conduct.

He was responding to a question by an FNC member from Abu Dhabi, Ahmad al Dhahiri, who complained about the lack of a federal code of behaviour.

Dubai, for instance, has introduced such a code. Among other things, it says that people can be warned or fined for public displays of affection.

In severe cases, they can face jail terms and deportation.

The emirate’s code also calls for people to respect the local culture and religion, and urges visitors to avoid wearing clothing that “exposes parts of the body”.

“The ministry has taken an important step which is the alternative penalty law that will be brought before your council ... soon,” Sheikh Saif said.

“Community service was suggested for simple crimes committed by individuals instead of sending them to prison.

“People who face penalties are members of the society, and sometimes prison doesn’t achieve the punishment that the Government is seeking, and therefore community service is suggested.”

Responding to a suggestion by Mr al Dhahir that the Interior Ministry distribute a booklet explaining to foreigners how they should behave in the UAE, Sheikh Saif said: “I can’t make people read the criminal law.”

Instead, he said, a new department at the ministry, expected to start operating in the second quarter, would be responsible for promoting respect for the law.

He suggested it would take some time to educate visitors: “We can’t educate people in one or two years.”

Turning to community service for traffic offences, Sheikh Saif said: “They would be sent to schools to talk to pupils about their mistakes or would be told to spend time in the emergency rooms at hospitals to see for themselves the danger of their actions.”

In the US and the UK, among other countries, community service is imposed for a range of offences.

Service can involve working in teams with other offenders, tidying up scenic spots, removing graffiti or carrying out anti-crime measures, such as installing gates and security locks. Others could be ordered to work in charity shops, for instance.

Also during yesterday’s session, the Minister of Health, Humaid Mohammed Obaid al Qattami, promised that more jobs would be created in the coming year for doctors and nurses in hospitals and clinics across the country.

Mr al Qattami was answering a question by Salem al Naqbi, a member of the Federal National Council from Sharjah, who said that Emirati doctors were doing jobs that were below their qualifications. The member also said hospitals and clinics were understaffed.

The minister said measures were being taken to “improve the conditions” of ministry staff. He said the ministry had more 1,766 job openings in 2008, most of which have been already filled.

“Hopefully, in co-operation with the Ministry of Finance in the coming weeks the conditions of more than 700 employees will be improved,” Mr Qattami said.

The FNC members also passed a draft amendment of some articles of a 2006 law on the banning of production, storage and use of chemical weapons. It calls for the creation of a national committee to monitor and regulate the use of dangerous chemical substances and chemical weapons. The committee would be also responsible for enforcing the law.

Stolen credit cards seized at airport


DUBAI - APR 22: Airport customs officers have seized thousands of computer chips, together with stolen credit cards and machines capable of cloning credit cards.

The seizures of 4,900 chips, 85 stolen credit cards and two cloning machines were made in 11 separate hauls during the first three months of this year. There were 77 similar cases during the first quarter of 2008.

Ali al Maqhawi, the director of airport operations for Dubai Customs, said a number of travellers had been arrested after being found in possession of credit cards in several different names.

Also between January and March this year, customs officers at various ports and border crossings seized Dh6.2 million (US$1.7m) worth of counterfeit goods, including mobile phones, car parts and cigarettes.

That compares with Dh34.6 million worth of fake goods seized in the corresponding period last year, a drop in value of 82 per cent.

However, the number of seizures actually rose from 47 in the first three months of 2008 to 64 this year, a 36 per cent increase that officials attributed to gangs smuggling greater volumes of lower-value fakes.

“The figures indicate that although there was an increase in the number of trademark infringement cases, their value was much less due to the type of goods and their low price,” said Yousef Ozair Mubarak, the senior manager of the intellectual property rights department at Dubai Customs.

“Customs has played a significant role in controlling entry of counterfeited and fake products in to markets, protecting society against the risk to public health and the local economy and safeguarding trademark owners’ rights.”

Scott Butler, the chief executive of the Arabian Anti-piracy Alliance, which represents Hollywood studios, European fashion labels and software firms in fighting counterfeiting in the region, said frontline customs officers were doing a good job in intercepting fake goods, but the information their seizures revealed was not being passed on to companies to help them deal with the problem globally.

“There are a lot of counterfeits flowing in and out of Dubai, but there is a lack of communication between the authorities and the private sector,” he said.

“They are not passing on the intelligence from these raids. If we know where a pirate DVD is being produced and where the destination is, that information is critical to helping stakeholders deal with the problem, and it is not being shared.

“In general, we know that the frontline officers are doing a great job; they are well-trained, eager and professional.

“We applaud the authorities for their seizures and think it’s great that there’s been an increase, but we’re disappointed with the lack of specific details; there needs to be much better communication.”


Suitcase killer back in court


ABU DHABI - APR 22: An American man facing the death penalty said yesterday he did not mean to kill a German engineer but confessed to using the man’s credit card and identity in an attempt to flee the country.

Standing before three Federal Supreme Court judges dressed in blue prison overalls with a shaved head and beard, SB, 38, gave his version of the circumstances that led to the death of MS on June 12, 2006.

A Sharjah court convicted him of premeditated murder and sentenced him to death three years ago. As is standard practice whenever a death sentence is passed, his case is being reviewed by the federal court to ensure it was properly handled.

SB told the judges that he found MS seeking sex with women on a website.

He said he “wanted to contact this man to give him advice and tell him this is not correct and it is insulting to this culture and the religion”.

SB was born in Boulder, Colorado and converted to Islam at the age of 26. He later married a Palestinian journalist and moved with her and their children to Sharjah, where his wife worked as a legal translator and he ran an internet cafe.

When the murder took place his family was in Gaza, visiting relatives.

According to prosecutors, however, SB and the family’s Ethiopian maid purposely lured the German engineer, who had recently moved to Dubai from Singapore, into a trap to kill him.

SB, however, told the court yesterday the maid was not involved in getting the German to come to his home.

“I invited him, but I realised he was drinking alcohol. He came to have [sex]. When I tried to talk to him he became hostile so I asked him to leave but he tried to force himself on [the maid],” SB said.

He told the court he used chloroform on MS to calm him.

The chemical has long been used as an anaesthetic. Inhaling its vapours depresses the central nervous system, causing dizziness, fatigue and unconsciousness.

“I used chloroform on myself before because of my insomnia so I used it on him thinking he would sleep. I didn’t think he would die,” SB told the court.

Justice Fallah al Hajri asked what he did next. He answered: “I made a very bad decision to get rid of the body.”

SB packed the corpse into a blue suitcase in the foetal position and discarded at on the side of the Dubai-Hatta motorway.

The following day, he used MS’s credit card to purchase thousands of dirhams worth of electronics.

Asked by the judge how he could justify this behaviour, SB replied: “I was in a state of shock and I wanted to leave the country.”

The police traced the purchases and arrested SB and the maid on June 24, 2006. SB was convicted of premeditated murder by the Sharjah Criminal Court of First Instance and sentenced to death later that year.

The maid is serving a three-year sentence for her role as an accomplice.

The verdict against S B was upheld by Sharjah’s Appeal Court and his case is now in its final stage.

The federal hearing was adjourned until April 28 because of the absence of the defence lawyer.

M S’s widow lives in Singapore and the Ministry of Justice has been unable to contact her to see if she will accept the blood money from S B’s family

 

Giant labour camp to house 32,000

ABU DHABI - APR 22: A massive industrial development that will include accommodation for 32,000 workers will be built in Al Gharbia. Its developers say they want to elevate the workers’ living standards.

Scheduled for completion in early 2011, the Almarkaz development will house various levels of workers, including labourers, technicians and supervisors.

Proposed features include room sizes “way above industry standards”, on-site medical and emergency services, a bus terminal, supermarkets, recreational areas and places of worship, according to the project developer Waha Land Development, the property arm of Waha Capital.

“We have got to elevate the standard of living for the workers,” said Hazem al Nowais, chief operating officer of Waha Land Development. “Doing that will not only contribute to the people’s well-being, but also that of the company.”

The announcement follows recent criticism by foreign media outlets of workers’ living conditions.

Last month, the Ministry of Labour said it would investigate claims in a BBC documentary that labourers on some construction projects in Dubai were living in “inhumane conditions”.

In one camp, where 7,500 labourers were said to be living in 1,248 rooms with poor ventilation, the documentary team reported “raw sewage flowing through the camp” and a lack of clean water.

The Ministry of Labour responded by launching an investigation into the claims and announcing a nationwide strategy to improve the living and working conditions of labourers.

Mr al Nowais said the project would accommodate three grades of residents. There would be space for 12,800 labourers, living eight to a room measuring six by 12
metres. The second level would accommodate 12,800 technicians, who would live four to a six-metre by six-metre room. The third level would house 6,400 supervisors, some having individual rooms and others living two to a room.

“We want to give a better sense of equality to the workers – not total equality, but better equality,” Mr al Nowais said.

“This type of housing is also flexible. If we see the market demand changing, we can change to accommodate different needs.”

The second and third levels of housing will also feature large, open corridors. In addition to accommodation, the site, which will cover a total area of six million square metres, will offer light industrial, small industrial and warehouse and storage facilities.

Mr al Nowais said convenience would be another feature of the project, with on-site transport provided for those living and working there.

Work on preparing the site is scheduled to begin in the second half of this year and construction is expected to be completed 18 months later.

The site will be owned by the Waha company and all firms using its facilities will have short or long-term renting options. Its location will be announced when the plans have been approved by the Urban Planning Council.

Controversy over substandard workers’ accommodation has plagued the UAE for years, leading to negative publicity and in some cases there have been riots at labour camps.

But there have been signs of improvement. The property developer Nakheel last year launched a 60,000-capacity housing development for its labourers and service industry staff with facilities that include 24-hour clinics, gyms, sport fields, restaurants and prayer rooms.

Meanwhile Saqr Ghobash Saeed Ghobash, the Labour Minister, praised a labour camp on Yas Island as the model of how to run staff accommodation.

In addition, the Abu Dhabi Government announced last year that within four and a half years, there will be housing for 800,000 labourers, skilled workers, technicians, supervisors and engineers.

The cities are being planned by the Government-backed Higher Corporation for Specialised Economic Zones, also known as ZonesCorp.

Applications opened yesterday for workers being transferred by their employers from Mohammed bin Zayed City to new residential complexes at Al Mafraq and Hamim Bridges, the state agency WAM reported.

“We have got to elevate the standard of living for the workers,” said Hazem al Nowais, chief operating officer of Waha Land Development. “Doing that will not only contribute to the people’s well-being but also that of the company.”

The announcement follows recent criticism by foreign media of workers’ living conditions.

Last month the Ministry of Labour said it would investigate claims by a BBC documentary that labourers on some projects in Dubai were living in “inhumane conditions”.

In one camp, where 7,500 labourers were said to be living in 1,248 rooms with poor ventilation, the documentary team reported “raw sewage flowing through the camp” and a lack of clean water.

The Ministry of Labour launched an investigation into the claims and announced a strategy to improve the living and working conditions of labourers.

Mr al Nowais said the Almarkaz project would accommodate three grades of residents. There would be space for 12,800 workers living eight to a room measuring six by 12 metres – a size, he claimed, was “way above industry standards”.

The second level would cater for 12,800 technicians, living four to a room measuring six square metres. The third level would house 6,400 supervisors in single and two-bed rooms.

“We want to give a better sense of equality to the workers – not total equality, but better equality,” Mr al Nowais said. “This type of housing is also flexible. If we see the market demand changing, we can change to accommodate different needs.”

The second and third levels of housing would feature large, open corridors. The site, which will cover an area of six million square metres, will have warehouse and storage facilities. Internal transport would be provided for those living and working on site.

Work on the site is scheduled to begin in the third or fourth quarter this year and be completed 18 months later.

The site will be owned by the Waha company and all companies using its facilities will have short- or long-term renting options. It will be situated in Al Gharbia, though the plans must be approved by the Urban Planning Council before the exact location is revealed.

Allegations of substandard workers’ accommodation have plagued the UAE for years, leading to negative publicity and, in some cases, riots at labour camps.

But there have been signs of improvement. The property developer Nakheel last year launched a 60,000-capacity housing development for its labourers and service industry staff, with facilities that include 24-hour clinics, gyms, sport fields, restaurants and prayer rooms.

Saqr Ghobash Saeed Ghobash, the Labour Minister, has praised a labour camp on Yas Island as the model of how to run staff accommodation.

The Abu Dhabi Government announced last year that within four and a half years there would be housing for 800,000 labourers, skilled workers, technicians, supervisors and engineers.

The cities are being planned by the Government-backed Higher Corporation for Specialised Economic Zones (ZonesCorp).

Applications opened yesterday for workers being transferred by their employers from Mohammed bin Zayed City to new residential complexes at Al Mafraq and Hamim Bridges, the state agency WAM reported.

  

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Title: UAE to Redraw Law for Human trafficking Offences



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