The United Arab Emirates (UAE), known for its rapid economic growth and luxurious lifestyle, has long faced criticism for its human rights record, particularly concerning the treatment of migrant workers. The recent arrest and sentencing of 57 Bangladeshi nationals for protesting in solidarity with student demonstrations in Bangladesh have brought these issues into sharp focus. We explore the wider scope of human rights violations in the UAE, with a focus on the challenges faced by migrant workers and the particular case of the Bangladeshi protesters.
The Context
In a swift judicial process, an Abu Dhabi court sentenced three Bangladeshi nationals to life imprisonment and handed down 10 to 11-year prison terms to 54 others for participating in protests. These protests were in solidarity with the ongoing student demonstrations in Bangladesh against Prime Minister Sheikh Hasina's government. Human Rights Watch (HRW) condemned the rapid judicial proceedings, completed in less than 48 hours, as making "a mockery of justice," highlighting the impossibility of a fair trial within such a constrained timeframe.
The protests, documented through videos verified by HRW, occurred in multiple emirates, including Abu Dhabi and Dubai. These demonstrations echoed the slogans of the student protests in Bangladesh, which have led to widespread civil unrest and over 197 reported deaths.
The Plight of Migrant Workers
Migrant workers in the UAE, who constitute a significant portion of the population, often face harsh working conditions, low wages, and limited rights. The majority come from South Asia, Southeast Asia, and Africa, drawn by promises of better job opportunities.
Migrant workers in the UAE are frequently subjected to exploitative labor practices. The kafala (sponsorship) system ties workers to their employers, severely restricting their mobility and ability to change jobs.
This system often leads to situations of forced labor, where workers are unable to leave abusive employers without risking arrest and deportation.
Despite some reforms, many workers still face significant challenges.
In addition to the restrictive labor system, migrant workers often endure poor living conditions, inadequate healthcare, and limited access to legal recourse. Reports of unpaid wages, passport confiscation, and excessive working hours are common, contributing to a cycle of exploitation and abuse. Domestic workers, in particular, are excluded from labor laws, leaving them with even fewer protections and more vulnerable to abuse.
The UAE's legal framework exacerbates the vulnerability of migrant workers. Unauthorized protests are banned, and criticism of the government or ruling families is strictly prohibited. The penal code criminalizes defamation and insults, stifling freedom of speech and expression. Wide-ranging legal changes introduced in late 2021 failed to address longstanding restrictions on civil and political rights. These changes, which include amendments to over 40 laws, maintain severe restrictions on free expression, association, and assembly.
“We Already Bought You”
Based on interviews with 99 female domestic workers from various countries, including Bangladesh, a Human Rights Watch report provides a comprehensive overview of their recruitment, employment, and efforts to seek redress.
Migrant domestic workers from countries such as Bangladesh, the Philippines, Indonesia, India, Sri Lanka, Nepal, and Ethiopia are often lured to the UAE with promises of high wages and good working conditions. However, upon arrival, many find themselves trapped in exploitative situations. Recruitment agencies and employers in the UAE frequently substitute contracts signed in the workers' home countries with less favorable ones, often resulting in lower pay and worse working conditions.
The UAE’s kafala (sponsorship) system ties migrant workers to their employers, severely restricting their ability to change jobs. This system gives employers significant control over workers, including the ability to revoke sponsorship, which can lead to repatriation.
Domestic workers are explicitly excluded from the UAE’s labor laws, which means they lack basic protections such as limits on working hours, overtime pay, and rest periods. This exclusion leaves them vulnerable to abuse and exploitation.
The report documents a range of abuses that domestic workers face, including:
- Passport Confiscation: Employers often confiscate workers' passports, preventing them from leaving abusive situations.
- Non-payment of Wages: Many workers report not being paid their full wages, with some going months without any payment.
- Excessive Working Hours: Workers frequently endure long working hours, sometimes up to 21 hours a day, with little to no rest.
- Confinement and Isolation: Domestic workers are often confined to their employers' homes and restricted from communicating with the outside world.
- Physical, Psychological, and Sexual Abuse: Many workers suffer from physical and sexual abuse, as well as psychological and verbal abuse from their employers.
Bangladeshi workers are among the many nationalities affected by these abuses. The report highlights the specific vulnerabilities of Bangladeshi domestic workers, who often face the lowest wages among migrant workers in the UAE. The prescribed monthly minimum wage for Bangladeshi domestic workers is approximately $205 (Dh750), significantly lower than for workers from other countries like the Philippines and India. This economic disparity further exacerbates their vulnerability to exploitation and abuse.
The UAE has failed to enact sufficient legal protections for domestic workers. Although the government introduced a standard contract in June 2014 that includes provisions for one day off each week and eight hours of rest in any 24-hour period, these measures fall short of international standards and do not replace the need for comprehensive labor law protections. The draft law on domestic workers, pending since 2012, has yet to be enacted, and its contents are reportedly weaker than protections afforded to other workers under the UAE’s labor laws.
How the COVID-19 Pandemic Affected Migrant Workers
The COVID-19 pandemic and the subsequent economic downturn exacerbated the difficulties faced by migrant workers. Many found themselves unemployed, unpaid, and living in squalid conditions. The pandemic-induced hardships pushed many into half-abandoned work camps on the outskirts of cities, far removed from the glamorous image of the UAE. These camps lacked basic amenities, forcing workers to rely on charitable donations to survive.
The UAE law does not recognize the right of workers to organize trade unions or engage in collective bargaining. The prohibition of strikes further limits workers' ability to advocate for their rights. The absence of a federal minimum wage means that many migrant workers earn abysmally low wages, insufficient to meet basic needs.
In 2021, the Global Slavery Index estimated that approximately 132,000 individuals are trapped in modern slavery in the UAE, highlighting the prevalence of forced labor and exploitation.
The kafala system is a significant factor in this issue, perpetuating a cycle of dependency and abuse.
Despite some reforms, such as prohibiting workers from paying recruitment fees and allowing workers to change employers without their sponsor's consent, the kafala system remains largely intact. The persistence of this system continues to enable the exploitation of vulnerable individuals.
Human Rights and the UAE's Future
The UAE's rapid development and economic success have often been overshadowed by its human rights record. The treatment of migrant workers and the recent crackdown on Bangladeshi protesters highlight the ongoing challenges and the need for comprehensive reforms. Addressing these issues requires a multifaceted approach, including legal reforms, improved labor protections, and greater transparency in the judicial process. International pressure and advocacy can play a crucial role in driving these changes, but ultimately, it is the responsibility of the UAE government to ensure the rights and dignity of all individuals within its borders.
However, bringing about reform in the UAE is particularly challenging due to its status as a monarchy.
In monarchies, power is often concentrated in the hands of a single ruler or a small group of elites, which can make it difficult to implement widespread changes, especially those that might challenge the status quo or threaten existing power structures. Nonetheless, there have been instances where modern Middle Eastern monarchies have successfully enacted reforms.
For example, in Jordan, King Abdullah II has initiated various economic and political reforms over the years, including efforts to decentralize power and promote greater political participation. Similarly, in Morocco, King Mohammed VI has undertaken significant constitutional reforms to enhance civil liberties and improve the country's human rights record.
As we focus on the Bangladeshi student protests and the efforts to enact positive change in Bangladesh, it is crucial to remember the plight of the migrant workers who send substantial remittances back home. These workers often live in appalling conditions and endure severe abuses. In the UAE, many migrant workers from South Asia, including Bangladesh, face exploitation, low wages, and poor living conditions. Despite contributing significantly to the UAE's economy and supporting their families back home, their rights and well-being are frequently overlooked.
Improving the lives of these migrant workers requires concerted efforts on multiple fronts. Advocacy for better labor laws and enforcement, increased awareness of their contributions, and international support can all contribute to creating a more just environment for these individuals. Ensuring their rights and dignity is not only a moral imperative but also a step towards building a more equitable and sustainable future for the region.
As the world watches, the UAE faces a critical juncture. Will it continue on its current path, or will it take meaningful steps to address human rights abuses and protect the most vulnerable members of its society? The answer to this question will shape the future of human rights in the UAE and its reputation on the global stage. By drawing lessons from other monarchies that have successfully implemented reforms and by recognizing the indispensable role of migrant workers, the UAE has the potential to set a new standard for human rights in the region.
