United Arab Emirates

Table of Contents

Introduction

The United Arab Emirates (UAE) gained its independence from Great Britain in 1971. The country is a federation consisting of seven emirates: Abu Dhabi, Dubai, Ajman, al-Fujayrah, Sharjah, Ra’s al Khaymah, and Umm al-Qaywayn. Each of the seven emirates is governed by its own ruler. The central institutions of the UAE, regulated by the constitution, ultimately dependent on the power of the emirate-level rulers.

History of the Constitution

• After gaining independence from Great Britain on December 2, 1971, the rulers of Abu Dhabi, Dubai, Ajman, al-Fujairah, Sharjah, Ras al-Khaimah, and Umm al-Quwain joined together to form a federation. Thus the seven separate emirates became the United Arab Emirates (UAE) under one newly established constitution. This 1971 provisional constitution was amended and made permanent in 1996 (English text, Arabic text).


• The 1996 text is authoritative, and any regulations or stipulations that conflict with provisions in the permanent constitution are considered invalid.


• The same year that the constitution was written, a Federal Supreme Council was created to allow for constitutional review when necessary. In December 2008, this council approved a set of constitutional amendments to increase transparency and to tighten corporate governance standards in the UAE. The changes also extend membership terms for the Federal National Council, an advisory council that makes policy recommendations and reviews legislation. Click here for a list of the amendments.

State Institutions

The 1996 UAE Constitution (English text, Arabic text) vests executive power in the president, the prime minister, and the ministers. There is no true separation between the executive and legislative branches in the UAE.

Executive Branch

The President

The president is the chief of state and:

• Is chosen by the Federal Supreme Council (FSC) to serve a five-year term.
• Appoints the prime minister, the deputy prime minister, and the cabinet.
• Heads the Federal Supreme Council.
• Can call for a joint meeting of the Federal Supreme Council and the Cabinet.
• Accepts the prime minister’s resignation if the Supreme Council approves.
• Supervises the enactment of laws and constitutional provisions.

Sheikh Khalifa bin Zayed al-Nahyan, the emir of Abu Dhabi, was elected president by the FSC on November 3, 2004. He succeeded his late father, Sheikh Zayed bin Sultan al-Nahyan, who had been in power since 1971. In the decades before gaining the presidency, Sheikh Khalifa held several important positions, including crown prince and later prime minister of Abu Dhabi, head of the Abu Dhabi Department of Defense, deputy prime minister of the UAE cabinet, and deputy supreme commander of the UAE Armed Forces.

The UAE’s Federal Supreme Council reappointed Sheikh Khalifa Bin Zayed al-Nahyan president for another five-year term on November 4, 2009. Click here for more information in Arabic.

The Prime Minister

The prime minister:

• Is the head of the government.
• Is chosen by the president.
• Is responsible to the president and the FSC.
• Establishes and manages a system to measure the government’s performance.
• May propose policies to improve the federal government’s efficiency and effectiveness.
• Coordinates the implementation of government policy.

The Vice President

The vice president:

• Is chosen by the FSC to serve a five-year term.
• Assumes the presidency if the current president is absent or incapacitated.

Sheikh Muhammad bin Rashid al-Maktum, the emir of Dubai, has held the titles of both vice President and prime Minister since January 5, 2006. His late brother, Maktum bin Rashid al-Maktum, held the position from 1990 until 2006. While the positions of prime minister and vice president are currently held by the same person, this is not required by the constitution and has not always been the case.

The Cabinet

The Federal Supreme Council (also referred to as the Supreme Council and the Executive Council):

• Is the highest legislative, executive, and constitutional authority in the UAE.
• Is composed of hereditary rulers from each of the seven emirates. The rulers of Abu Dhabi (president) and Dubai (vice president) have veto power FSC decisions. New members of the FSC are chosen by the ruling families in each emirate.
• Is required by law to meet at least annually, but in practice usually meets four times a year.
• Approves federal legislation.
• Elects the president and vice president for five-year terms; both may be re-elected an infinite number of times.
• Approves the nomination of the prime minister.

Click here for a list of the FSC’s current members.

The Council of Ministers or Cabinet:

The Council of Ministers or Cabinet:

• Is appointed by the president and headed by the prime minister.
• Is composed of the prime minister, his two deputies, and all other ministers.
• Is responsible to the president and the FSC.
• Drafts decrees and laws but cannot approve them.
• Prepares the proposal of the Annual Federal Budget.
• Supervises the implementation of federal court rulings, laws, decrees, and treaties.
• Appoints and dismisses federal government employees, unless their dismissal requires the issuance of a decree.

The current 21-member cabinet was appointed on February 9, 2006. However, on May 11, 2009, Sheikh Khalifa bin Zayed al-Nahyan approved a cabinet reshuffle, which included appointing two new deputy prime ministers and swapping the education and health ministers. Minister of Interior Sheikh Saif Bin Zayed al-Nahyan and Minister of Presidential Affairs Sheikh Mansour Bin Zayed al-Nahyan were appointed deputies to the prime minister (replacing Sheikh Sultan Bin Zayed al-Nahyan and Sheikh Hamad Bin Zayed al-Nahyan). Former Minister of Education Hanifa Hassan Ali was appointed minister of health and former Minister of Health Humaid Mohammed Obeid al-Qattami is now minister of education. The new ministers were sworn in on May 13, 2009. Click here for more information.

Legislative Branch

The Federal National Council

The Federal National Council (Majlis al-Ittihad al-Watani):

• Is unicameral.
• Is comprised of 40 members.
• Is controlled by an Executive Committee composed of the FNC’s chairman, secretary-general, undersecretary, and four elected members.
• Discusses the annual budget.
• Has the power to make policy recommendations to the cabinet and to summon and question any minister regarding ministry performance.
• Reviews legislation and proposes amendments, but cannot enact or revise legislation.
• Does not have veto power and serves as a consultative body only.
• Has the beginning and the end of its sessions determined by presidential decree.
• FNC procedures are governed by the Standing Order of 1977 that created permanent committees in the areas of defense, finance, economics, legal affairs, education, culture, and Islamic affairs. Members of the committees are elected annually at the first full FNC meeting of the year. Each member of the FNC must serve on at least one committee.
• Federal laws are drafted by the Council of Ministers and then submitted to the appropriate FNC committee. The committee suggests amendments to the proposed draft, and sends the amended draft to the Legislative Committee for debate and consultation. The draft is then presented to the president.

Click here for a list of the FNC’s current members.

Prior to 2007, all members were appointed by the rulers of the seven emirates to serve two-year terms with the possibility of renewal.

Since December 2006, half of the FNC membership has been indirectly elected. In the first elections, the seven emirs appointed an electoral college of 6,689 people (out of 800,000 Emiratis in the country) to elect 20 members of the FNC from among themselves. The electorate included 1,189 women, one of whom was awarded a seat in the FNC. The remaining 20 members were directly appointed by the emirs of each emirate. Each emirate is afforded a specified number of seats: eight each for Abu Dhabi and Dubai, six each for Sharjah and Ras al-Khaimah, and four each for 'Ajman, Umm al-Quwain, and Fujairah. A total of eight women were appointed by the emirs to fill the remaining 20 seats.

The Federal Supreme Council approved a set of regulations in December 2008 to extend the terms of FNC members from two to four years. The Supreme Council hopes that this change will increase the efficiency and effectiveness of the FNC.

Election officials predict the implementation of universal suffrage for nationals in the near future, as well as an expansion of the council's role to include more oversight powers.

The FNC is a member of the International Parliamentary Union (IPU) and the Arab Parliamentary Union (APU).

Elections for the National Assembly were last held in December 2006.

Judiciary

UAE law is based on Islamic legal principles and influenced by English common law and the Egyptian civil law.

The constitution (English text, Arabic text) provides for an independent judiciary; however, in practice judicial decisions are subject to review by the government. The Ministry of Justice is directly involved in almost all aspects of court administration.

Judges are appointed by the president and their decisions are subject to review by the Federal Supreme Council (FSC). UAE nationals retain their judicial appointment for life, while expatriate judges serve under renewable contracts.

Courts

The UAE’s federal structure, along with its fusion of Islamic legal principles and French and Egyptian civil law, has created a multifaceted judicial structure. Two layers of civil courts exist: the federal system and the local systems. The federal system has jurisdiction over civil matters in all of the emirates except Dubai and Ras al-Khaimah. The latter two emirates have refused to cede authority to the federal courts, and thus prosecute civil cases within their own local systems.

Lower Courts

Courts of First Instance are the lowest courts in the judicial system. They operate under federal jurisdiction (except in the cases of Dubai and Ras al-Khaimah), but are located in each emirate. Courts of First Instance are separated into civil, criminal, and Shari’a (Islamic law) courts. Each of these courts has its own Court of Appeal.

While all but two of the emirates (Dubai and Ras al-Khaimah) have ceded civil jurisdiction from the local to the federal level, all retain their own local Shari’a courts. Shari’a courts hear personal status cases and are predominantly Sunni in nature. The emirate of Dubai has a special Shiite council to act on matters pertaining to Shiite personal status and family law. Non-Muslims who are tried in Shari’a courts may receive civil penalties at the discretion of the judge. Shari’a penalties imposed on non-Muslims can also be overturned by a higher court.

Shari’a courts at the federal level may hear appeals of serious criminal cases, including rape and robbery, which were originally tried in lower criminal courts.

The relationship between Shari’a courts and civil courts (local and federal) has not been clarified in legislative texts, which can lead to some overlap in jurisdiction. In some emirates, Shari’a courts consider civil, commercial, and criminal cases as well as family law and personal status cases. They act in accordance with traditional Islamic law and practice, and their decisions may be appealed to the Federal Supreme Court. On the other hand, civil judges are enjoined to rely on Islamic legal principles and texts in the absence of clear legislative texts on a particular matter.

Courts of Appeal

Appeals to lower court rulings are brought before the federal Courts of Appeal. These courts are located in each of the emirates.

Court of Cassation (also known as the Abu Dhabi Supreme Court)

The Federal Supreme Court, or the Court of Cassation, located in Abu Dhabi, is the highest court of appeal. This court only hears cases involving arguments about how to interpret the law. It is composed of five judges appointed by the president with the approval of the Federal Supreme Council, and it arbitrates on jurisdictional disputes between the federal government and individual emirates as well as inter-emirate disputes. The Supreme Court also determines the constitutionality of laws at both the federal and the local levels, and has judicial review over legislation. The Federal Supreme Court also has jurisdiction to investigate misconduct by high-ranking government officials.

Decisions of the Supreme Court are final and not subject to appeal.

Other Courts

• Following traditional customs, each emir maintains a diwan (local court), which may examine criminal and civil offenses before cases are referred to the prosecutor’s office. The diwans may also review sentences passed by judges and return cases to the court on appeal. The diwans’ involvement, which typically occurs when the case involves parties from two different emirates or a citizen and a non-citizen, can lead to long delays in the judicial process.


• In recent years, the UAE has established several “free zones,” most notably the Dubai International Financial Centre (the DIFC), the Jebel Ali Free Zone, and Dubai Media City. These areas are not held to the same legal standards as the rest of the UAE, and thus are more attractive to foreign investors and businesses. For example, most free zones allow foreign ownership of companies, whereas in the rest of the UAE foreigners may only own 49 percent of a company. Click here for more information.

Military Courts

Military personnel are tried in a separate court system.

Military

Military service in the UAE is voluntary and citizens may not be conscripted to serve. An estimated 30 percent of the military is composed of expatriates. The UAE Armed Forces consist of the UAE Land Forces (army), the Navy, the Air Force and Air Defense, and the Border and Coast Guard Directorate (BCGD). The commander-in-chief of the UAE military is the emir of Abu Dhabi, Sheikh Khalifa bin Zayed al Nahyan. Crown Prince of Abu Dhabi Sheikh Mohammed bin Zayed al Nahyan holds immediate authority as deputy commander-in-chief. The minister of defense is Sheikh Mohammed bin Rashid al Maktoum, who is also the Emir of Dubai, the UAE vice president, and the UAE prime minister.

Political Environment

Political Parties

Political parties are illegal and none exist in the UAE.

Election Results

• Elections for the Federal National Council (FNC) were first held in December 2006.

• For the first time in UAE history, 20 of the 40 Federal National Council (FNC) members were elected. Prior to these elections, all members of the FNC were appointed by the rulers of the seven emirates. In this election, each emir chose a group of citizens to act as a pseudo-electoral college. Only those selected in each emirate could run and vote in the elections. The combined number amounted to 6,689 people (out of 800,000 Emiratis in the country). Each emirate is afforded a specified number of seats: eight each for Abu Dhabi and Dubai, six each for Sharjah and Ras al-Khaimah, and four each for 'Ajman, Umm al-Quwain, and Fujairah.


• Included in this number were 1,189 women, comprising 18 percent of the electorate. Approximately 65 of these women chose to run in the elections, and one (from Abu Dhabi) was awarded a seat in the FNC.


• Emiratis under the age of 30 composed more than one-fifth (22.4 percent) of the electorate. The majority of those chosen for the electorate possessed university-level degrees. Election officials envisage universal suffrage for nationals in four years and an expansion of the council's role to include more oversight powers.


• Voter turnout was 79.5 percent across the seven emirates.


• The remaining 20 seats were appointed by each emir. Seven women were appointed to the FNC by the emirs, bringing the total number of women on the council to eight.


• Click here for the election regulations released by the National Election Committee in October 2006.

Civil Society and Nongovernmental Actors

All nongovernmental organizations (NGOs) must be registered with the Ministry of Labor; however, a number of unregistered NGOs operate openly without government interference. There are approximately 120 domestic NGOs registered at present. NGOs in the UAE focus on social and humanitarian projects and avoid involving themselves in overtly political activities. Registered NGOs receive subsidies or funds from the government according to the size of their membership.

NGOs in the UAE are usually referred to as associations or societies for the public welfare and are regulated by Federal Law No. 2 of 2008 (which replaced Federal Law No. 6 of 1974). Youth associations are regulated by Law No. 25 of 1999.

In February 2006, the Ministry of Labor licensed the first civil human rights organization, the United Arab Emirates Human Rights Association (EHRA). This organization deals with violations of labor rights, stateless persons' rights, and the treatment of prisoners. Citizens and expatriates may contact EHRA with human rights complaints.

The government subsidizes a human rights group that is part of the Jurists’ Association, an organization created in 1980 to raise the professional standards of judges and to promote the rule of law. The Jurists’ Association’s Human Rights Committee focuses on educating Emiratis – and especially state officials – about human rights. Some members of this group have complained of governmental restrictions on the organization’s activities, while others have been repeatedly harassed by UAE authorities after exposing human rights violations.

The UAE is considering loosening its restrictions on trade unions, strikes, and collective bargaining. In 2006, the US declined to sign a free trade agreement with the UAE until it introduced labor legislation consistent with International Labor Organization (ILO) guidelines. Since then, the UAE government has been discussing whether to allow for trade unions, peaceful strikes, and collective bargaining – all of which would require gaining advanced permission from the government. However, a 2009 report from the U.S. Department of State's Bureau of Democracy, Human Rights, and Labor states that no legislation has as of yet been passed legalizing trade unions or the other labor conditions discussed.

There have been concerns that even if such new legislation is passed, 80 percent of the UAE population will not be permitted to fully engage in these activities. Foreign nationals, who make up 98 percent of the private-sector workforce, are not covered by legislation governing labor standards and are often subject to exploitation. They may obtain associate membership in trade unions, but not full membership, which precludes any foreigner from membership on the board of directors. In 2008, the UAE rejected a United Nations recommendation to establish a migrant workers’ trade union in the UAE.

Professional Organizations

• Accountants and Auditors’ Association
• Dubai Press Club
• Emirates Internet Association (EIA)
• Emirates Medical Association
• Engineers Society
• Journalists’ Association
• UAE Contractors’ Association

Click here for a comprehensive list of registered NGOs and charity associations in the UAE.

The largest umbrella organization for employers is the Federation of UAE Chambers of Commerce and Industry.

International NGOs are not required to register with the government unless they plan to raise money or carry out work in the UAE. In 2007, a royal decree established the International Humanitarian City under Law No. 6 of 2007. The IHC is a free zone that allows international NGOs to work with fewer governmental restrictions than those outside of the zone. Thirty-seven NGOs currently operate in the IHC.

Civil and Political Rights

Personal Liberties

• The UAE constitution provides for equality before the law without regard to race, nationality, or religion. In practice non-citizens face discrimination in most areas of life including employment, housing, and healthcare.


• The constitution provides for freedom of speech and of the press. In practice these rights are restricted by the government. The National Media Council (NMC), a body appointed by the president, licenses and censors all publications. Criticisms of the ruling family and statements that incite public unrest are prohibited under the law. Anti-libel legislation has been used to suppress criticism of members of the ruling family. Journalists often self-censor out of fear of government retribution, particularly since most journalists are foreign nationals and fear deportation. The majority of news outlets are government-owned or subsidized, and the regime heavily influences their output. Dubai’s “Media Free Zone” is a notable exception to this trend.


• Etisalat is the country’s only Internet provider, and consistently blocks sites relating to dating, homosexuality, and the Baha’i faith, as well as sites originating from Israel.


• The constitution prohibits torture and unlawful or arbitrary arrest, search, detention, or imprisonment. Suspects have the right to counsel only after the police have completed their investigation. The law also permits incommunicado detention in cases related to national security.


• The constitution provides for freedom of religion. In practice restrictions are placed on this right. Islam is the official religion of all seven emirates, and proselytizing by non-Muslims is prohibited. It is illegal for Muslims to convert to other religions. The government controls and subsidizes almost all Sunni and Shi’i mosques and employs all Sunni imams, thus enabling the state to monitor and distribute their sermons. See the 2009 International Religious Freedom Report from the U.S. Department of State for a comprehensive study of religious freedom in the UAE.


• Family law and personal status cases are generally referred to Shari’a court. Shi’i Muslims may be tried by a special Shi’i council rather than by a Sunni court. Non-Muslims tried in Shari’a court usually receive civil penalties, and Shari’a penalties imposed on non-Muslims may be appealed to a higher court. Shari’a courts sometimes impose flogging sentences on those found guilty of adultery, prostitution, and drug abuse.


• Women face discrimination legally and economically. The law gives women the right to own land, access bank loans, and enter into financial contracts. However, a woman’s testimony is given less value in court proceedings (one male witness is equivalent to two female witnesses). Women also face discrimination in divorce and inheritance decisions, but these rules vary in accordance with Shi’i and Sunni doctrine. The law also forbids marriage between Muslim women and non-Muslim men, while Muslim men are permitted to marry non-Muslim women.


• Citizenship may only be passed to children from their father, such that if a UAE woman marries a non-citizen, her children will be treated as expatriates under the law and denied rights of citizenship. There has been heated debate surrounding this issue in recent months, and legislation allowing women to pass citizenship to their children may be forthcoming. Currently, women may apply for citizenship for their children, and the government generally grants these requests.


• Although the law does not stipulate it, men sometimes prevent their wives, minor children, and adult unmarried daughters from leaving the country by seizing their passports.


• Like several Gulf countries, the UAE has a population of stateless Arabs, some of whom have been residents of the country for decades but have not been given citizenship. Known as the bidoon or bidun (short for the Arabic “bidoon jinsiya” or “without nationality”), these 20,000 to 100,000 bidoon are Arabs who either lack or have failed to produce documentation of their nationality. The bidoon have reported discrimination in areas such as education, medical care, employment, and mobility, as they cannot produce papers that would subsidize state services or gain them better employment. In recent years, the government has improved naturalization processes for the bidoon, and on May 24, 2009 the government granted nationality to 70 of these stateless persons, compared with 51 persons in 2008.


• Political participation is severely limited. The only partially elected federal body is the Federal National Council, and political parties are illegal.


• The government forbids striking by public-sector workers, citing national security concerns. Private-sector workers are not prohibited from striking, but their employers may suspend them for participating in such activities. In recent years, there have been numerous strikes by private-sector employees who complain of unfair wages and working conditions. The government mediates labor disputes and usually disperses these protests peacefully. On October 25, 2009 an estimated 300 foreign workers went on strike in Dubai, claiming nonpayment of wages for the previous three months. On August 31, 2010, approximately 1,200 foreign laborers in Dubai protested low wages and reduced overtime.


• In February 2010, the Office of the Deputy Prime Minister and the minister of interior released a booklet entitled “The Worker: Rights and Duties.” The publication is printed in Arabic, English, Filipino (Tagalog), Persian, Chinese, and Urdu, and is intended to make workers more aware of their rights and of restrictions placed on them under UAE law.


• In early 2009, the UAE agreed to adopt 36 recommendations put forward by the UN Human Rights Council. However, it rejected recommendations to extend the rights of association and assembly, to grant migrant workers more rights, and to repeal its corporal punishment laws.


• The Bureau of Democracy, Human Rights, and Labor of the U.S. Department of State provides a comprehensive 2009 Human Rights Report exploring personal freedoms in Qatar.

Legislation Regulating the Exercise of Rights

Political Party Laws

Political parties are illegal.

Electoral Law

• The UAE witnessed its first indirect elections for half of the membership of the Federal National Committee (FNC) in 2006. Suffrage was not universal. Rather, 6,689 people (out of 800,000 Emiratis in the country) were appointed as an informal electorate and given permission to run and vote in the elections.


• The National Elections Committee (NEC) released a resolution on election regulations in accordance with UAE Cabinet Order No (4) of 2006 and resolution No (3) of 2006.


• The resolution states that citizens may only vote in one electoral division – that is, they may only vote in the emirate in which they have residency. The NEC is responsible for publishing lists of candidates for each emirate. The resolution also provides for the creation of voting centers in each emirate and an elections management committee, the latter of which will announce the winners of the elections.


• Under the new law, public servants may run for office, but doing so will result in an automatic suspension from their government jobs. They may resume working only if they do not win a seat in the FNC. Members of the military must take leave if they are planning to run for office, and judges must resign their posts before campaigning.


• Click here for a detailed account of the new regulations.


• Each emirate is afforded a specified number of seats: eight each for Abu Dhabi and Dubai, six each for Sharjah and Ras al-Khaimah, and four each for 'Ajman, Umm al-Quwain, and Fujairah.

Law on Associations

• The constitution provides for freedom of association “within the limits of the law.” In practice, this right is severely restricted and public assembly is subject to government approval.


• All private associations, including children’s clubs, charitable groups, and hobby associations, must be approved and licensed by local government authorities. In practice, government enforcement is inconsistent and unlicensed groups exist. While permits are required for organized public gatherings, the government does not interfere with such assembling unless it is of a political nature.

Media Laws

• The UAE constitution provides for freedom of speech and of the press. In practice these rights are restricted by the government. The National Media Council (NMC), a body appointed by the president, licenses and censors all publications and approves the appointment of editors. This council replaced the Ministry of Information and Culture in 2006.


• A new draft media law was approved by the Federal National Council in early 2009. The new law contains 45 articles and replaces Federal Law No. 15 of 1988. According to the director general of the NMC, the new law lifts some restrictions on journalists and grants the media more freedom.


• Critics of the new law have noted its vague wording, and in particular its stipulation that journalists may be punished for damaging the reputation of the state or for publishing news that may harm the national economy. This provision is similar to one in the previous law that proscribed jail sentences for criticizing the ruling family or making statements that incited public unrest. The difference is that the new law eliminates jail sentences for media-related offenses, instead punishing such violations with fines ranging from Dh 50,000 (US $13,600) to Dh 1 million (US $272,000). The fines will be determined by the courts and not by the NMC.


• Critics also oppose an article that requires media outlets to publish whatever the government asks of them in times of crisis, as determined by the state. Under Article 39 of the new law, the NMC can also ban books if they are deemed to be in violation of the law. Click here for a Human Rights Watch Report entitled “UAE: Media Law Undermines Free Expression” for a detailed critique of the new law.


• Most newspapers rely on the government-owned Emirates News Agency for their content, while most broadcast media offer only official viewpoints. The government also censors the Internet to some extent. Etisalat is the country’s only Internet provider, and it consistently blocks sites relating to dating, homosexuality, and the Baha’i faith, as well as sites originating from Israel. The majority of news outlets are government-owned or subsidized, and the regime heavily influences their output. Dubai’s “Media Free Zone” is a notable exception to this trend. This free zone was established in 2000 to attract international media with low tax rates and press freedom. Within the DMC, few restrictions are imposed on media that is produced for foreign audiences.


• Anti-libel legislation has often been used to suppress criticism of members of the ruling family. Journalists frequently self-censor out of fear of government retribution, particularly since most journalists are foreign nationals and fear deportation.


• According to the 2009 Worldwide Press Freedom Index by Reporters without Borders, the UAE ranks 86 of 175 countries. The index runs from 1 (most press freedom) to 175 (least press freedom).

Personal Status Law

• The personal status of Muslims in the UAE is determined by Shari’a or Islamic law. UAE’s Personal Status law is contained in Federal Law No. 28 of 2005. The new law contains 363 articles that pertain to five areas including marriage, legal competence, guardianship, will, inheritance, and endowments. Among other initiatives, the law gives a woman the right to end her marriage by way of a khul’ divorce – that is, by petitioning a Shari’a court, compensating her husband, or forfeiting her dowry.


• While all but two of the emirates (Dubai and Ras al-Khaimah) have ceded civil jurisdiction from the local to the federal level, all retain their own local Shari’a courts. Shari’a (Islamic law) courts hear personal status cases, and are predominantly Sunni in nature. The emirate of Dubai has a special Shi'i council to act on matters pertaining to Shi'i personal status and family law. Non-Muslims who are tried in Shari’a courts can receive civil penalties at the discretion of the judge. Shari’a penalties imposed on non-Muslims can also be overturned by a higher court.


• Although the 2005 Personal Status law increases the legal rights of women, it still contains provisions that discriminate against women in divorce, inheritance, and other areas of the law.


• Citizenship may only be passed to children from their father, such that if a UAE woman marries a non-citizen, her children will be treated as expatriates under the law and denied rights of citizenship. There has been heated debate surrounding this issue in recent months, and legislation allowing women to pass citizenship to their children may be forthcoming. Currently, women may apply for citizenship for their children, and the government generally grants these requests. Married women must receive their husband’s permission to be employed outside the home, and the law permits men to marry up to four women.


• The law gives women the right to own land, access bank loans, and enter into financial contracts. However, a woman’s testimony is given less value in court proceedings (one male witness is equivalent to two female witnesses). Women also face discrimination in divorce and inheritance decisions, but these rules vary in accordance with Shi’i and Sunni doctrine.


• In January 2010, the Minister of Justice informed the Federal National Council (FNC) that a panel had been set up to review and propose amendments to the 2005 law. The Minister cited the need to include provisions punishing those who commit domestic violence as well as those who abandon senior citizens in hospitals.

Labor Laws

• In 2007, the UAE Labor Ministry proposed a draft labor law (English text of law), which grants workers more rights than the previous labor law. The new law requires employers to pay travel, medical, and administrative costs (such as those associated with obtaining a workers’ permit) for their expatriate workers. The law also stipulates that a regulation will be published instituting a minimum wage for workers in the UAE. According to a Human Rights Watch report entitled “UAE: Draft Labor Law Violates International Standards,” these stipulations will improve labor conditions in the country, but only if they are enforced by the government.


• However, the Human Rights Watch report also criticizes the new law for upholding the ban on trade unions and collective bargaining, as well as for establishing punishments for workers who choose to go on strike. In addition, it puts restrictions on female workers that do not apply to male workers. Women are banned from working between the hours of 10pm and 7am, and may not engage in work that is deemed “hazardous, arduous or physically or morally detrimental” (Article 29).


• The report also cites the lack of protections for certain types of workers who are most vulnerable to abuse, including expatriate domestic workers and female workers. Certain subsets of workers are excluded from the rights laid out in the new law, leaving them vulnerable to abuse by employers. These include public-sector workers, privately employed domestic workers, security workers, and farm workers. Click here for a July 2006 Human Rights Watch report about the UAE’s 600,000 domestic workers who have very little protection under the law.


• The new law does not mention the 2001 decision by the Dubai Court of Cassation that prohibits employers from confiscating the passports of employees. In practice, the ruling itself has had virtually no effect on this common practice in the UAE.

Recent Government Initiatives Affecting Rights

• In December 2009, the Federal Supreme Court ruled that a husband divorced by his wife must pay the deferred dowry if there were any signs of abuse in the marriage. Prior to this ruling, women who divorced their abusive husbands were required to forfeit their dowry.


• In 2010, another ruling by the Federal Supreme Court granted women the right to travel abroad alone with their children even if their husbands object. This ruling overturned the legal stipulation that in order to travel with her children, a woman must obtain written permission from her male guardian or from a court of law.


• In November 2006, the UAE government adopted a new federal law against human trafficking. The UAE National Committee for Combating Trafficking was established in 2007, and has since debated policy changes and held seminars to help airport authorities and the police recognize and prevent the practice. In January 2009, the government agreed to allow the UN Special Rapporteur on Trafficking in Persons to visit the country.


• Prostitution is illegal but has become a serious problem in recent years, particularly in Dubai. The government has not publicly addressed this particular issue. However, the government has recently begun addressing the issue of human trafficking, which produces much of this prostitution. The UAE National Committee for Combating Trafficking was established in 2007, and has since debated policy changes and held seminars to help airport authorities and the police recognize and prevent the practice. In January 2009, the government agreed to allow the UN Special Rapporteur on Trafficking in Persons to visit the country.

Ratification of International Conventions

• The International Covenant on Civil and Political Rights (CCPR): Not Ratified.
• The International Covenant on Economic, Social and Cultural Rights (CESCR): Not Ratified.
• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT): Not Ratified
• The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) on June 20, 1974.
• The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on October 6, 2004 with reservations for provisions relating to inheritance, nationality, legal capacity and testimony, and divorce provisions. Click here for a more detailed description of these reservations.
• The Convention on the Rights of the Child (CRC) signed on January 3, 1997 and ratified on October 21, 1991 with reservations for provisions relating to inheritance and adoption. Click here for further reservations.