25 July 2024
Responding to reports of the United Arab Emirates (UAE) arresting and sentencing Bangladeshi nationals who engaged in protests against the Bangladeshi government, Mustafa Qadri, CEO of Equidem stated:
“United Arab Emirates authorities must immediately release all individuals who were arbitrarily detained, convicted and sentenced from 10 years to life in prison within the UAE for peacefully protesting the alarming developments in Bangladesh. We are increasingly concerned about reports of excessive force by Bangladeshi law enforcement and security authorities. While all States have an obligation to ensure law and order, all people have a basic human right to peaceful protest and assembly.”
As documented by the United States Department of State in its latest 2023 Country Report on Human Rights Practices, UAE law limits the right to freedom of peaceful assembly, and authorizes the government to impose significant restrictions, including applying criminal penalties. UAE law prohibits unauthorized demonstrations, or the expression of opinions deemed “false, or hurtful to the country’s public image” and restricts the right of peaceful assembly. UAE law also imposes severe restrictions on the freedom of association. Defendants in trials have spoken out against unfair trials, specifically pointing to inadequate time to prepare a defense and verdicts announced in open court, even for cases heard in closed sessions. Similarly, ill-treatment in detention is well documented by the United Nations Office of the High Commissioner in its Univeral Periodic Review.
Equidem investigations in the UAE have also revealed employer intimidation and state failure to protect workers’ rights.
A security guard at Expo City Dubai told Equidem investigators:
“... I am afraid to make a complaint. I am worried that it may affect my future in the UAE.”
An Indian national employed as an IT technician for an energy company in the UAE reported:
“Workers have been terminated in the past for reporting labour violations. There are many cases that are still pending in labour courts.”
A Pakistani worker employed through a subcontractor for Deliveroo described fear of joining a union and speaking out against working conditions due to the threats of incarceration:
“Workers are prohibited from forming unions here. You cannot raise your voice against the company or the government. Anyone who does this will be sent to jail.”
Despite restrictions on freedom of association and assembly in the UAE, migrant workers continue to take collective action in response to rights violations. In an environment where migrant workers face barriers to holding their employers accountable, Equidem has documented cases where workers choose to take collective action, despite the extreme risks to their personal safety and livelihoods. Workers employed by Deliveroo in the UAE recounted the success of their strike during Eid 2022 to protest a cut in their wages.
A Pakistani national employed by a subcontractor for Deliveroo recounted the worker’s strike:
“Last year, around EID, there was a strike as a result of a decrease in our wages. The workers then refused to work. We didn’t even deliver orders on Eid. Then the [company] representative said they did not even know this wage decrease had happened and they retracted their decision. They sent an email saying “I don’t even know how the rate was reduced. You will get the same rate. You continue your work.”
While collective action can have positive outcomes, even in the UAE where the fundamental right to freedom of association is not protected, Equidem has also documented cases where workers were deported for speaking out. A Nepali national employed by a subcontractor for Talabat described the disciplinary action faced by hundreds of Pakistani workers who, in May 2022, called for increased delivery fees to match the rising costs of fuel:
“After the fuel prices increased, some Pakistani nationals protested in the company demanding to raise the per delivery rate. They were instead sent back to their home country. There were 300-400 Pakistani nationals protesting and they were all sent home.”
Freedom of association is fundamental to the development and enforcement of workers’ rights. The freedom to associate creates the conditions for worker-led organizations to fight rights violations and promote better standards in their workplaces and beyond. Independent and democratic trade unions provide government’s a partner in the enforcement of labour standards and a permanent voice for the improvement of those standards. Our investigations demonstrate that the initiatives taken to provide rights protections to migrant workers in the UAE will remain inadequate until workers are free to exercise their human rights to freedom of speech, assembly, and collective representation.
Equidem calls on the United Arab Emirates to release all individuals involved in peaceful protest and assembly.
Contact: media@equidem.org, Jason Nemerovski and Mariya Parodi