Anti Harassment and Anti Discrimination Policies in UAE

The United Arab Emirates (UAE) is perhaps one of the most unique economies where one can see a beautiful amalgamation of several different nationalities. A melting pot of different cultures, UAE’s workforce comprises of almost every nationality in the world as well as people who follow different religions and faiths. Given the unique fabric of UAE’s work environment, it is of utmost importance that people are tolerant of their differences and are respectful towards each other.

While one may strive to live in an ideal world, there may be situations, where one may become a victim to harassment, intolerance, discrimination and other means of isolation at workplace. Workplace harassment can result in serious repercussions for an individual’s mental and social health and, therefore, it is extremely necessary that preventive policies are formulated not just at the governmental level, but also at the organizational level. It is of grave importance that organisations realise the significance of such preventive policies.

To understand what precisely is available as a tool to fight workplace harassment in the UAE, lets begin by analyzing the laws, rules and regulations at the state level.

Federal Laws of the UAE

At the federal level, the government of UAE has formulated and put in place several federal laws which seek to prevent discrimination, slander, verbal abuse and harassment not just at workplace, but also in general interaction between individuals.

Federal Penal Code

The Penal Code of the UAE prevents scandalous and disgraceful acts as well as libel and verbal abuse. Articles 358 to 375 deal with such acts and also provide punishment for the offenders.

Article 358 of the Federal Penal Code lays down a six months detention for the offenders who commit and indecent and disgraceful act. One can find several examples and instances in the judgments and jurisprudence of UAE courts, where the courts, having been satisfied with the evidence produced, have punished the offenders for such “indecent and disgraceful acts”, including lewd acts, unwelcome touch or physical contact, indecent statements or jokes and other similar acts.

Similarly, Article 359 of the Federal Penal Code provides a one year detention coupled with a 10,000 Dirhams fine in the event somebody is found to be guilty of attempting to “disgrace a female by words or by deeds in a public street or frequented place”. Articles 360, 361 and 362 also reinforce it further and provides six months detention and a fine in case where someone is proven guilty of using lewd remarks or signs or gestures or any other act or trying to use any of the aforesaid means for making the other person commit an immoral act or even possessing and displaying any indecent, immoral and unwelcome writings, drawings, pictures, films, symbols or other matters prejudicial to public morals. The highlight of these three provisions is that they do not mention or target any specific gender and offer an equal protection to everyone irrespective of their gender or age.

In addition to the above, the Federal Penal Code  (under Article 373) also provides protection against any kind of libel or any acts of outraging the modesty or disgracing the honor of any person by way of publicity via print media. Similarly, verbal abuse and slander (whether done privately or in public) are punishable offences under Article 374. The aforesaid provision stipulates that detention and fine shall apply if slander or abuse is transmitted by telephone, or face to face with the victim, irrespective of the fact whether such slander or abuse was transmitted with or without the presence of a third party.

Harassment and Abuse on Social Media

With the advent of social media, a new form of abuse, slander and harassment has come up, which can have grave consequences. However, UAE’s legal system is well equipped to handle such improper and unacceptable conduct. Articles 20 and 21 of the Federal Decree-Law No. 5 of 2012 offer protection against slander, abuse and improper conduct via social media and means of information technology.  Under Article 20, imprisonment and a fine of two hundred fifty thousand Dirhams (which may go up to five hundred thousand Dirhams) is prescribed for any offender who “insults or accuses another person of a matter of which he shall be subject to punishment or being held in contempt by others, by using a computer network or an information technology means.” The law also provides a similar punishment under Article 21 for anyone who publishes news, electronic photos or photographs, scenes, comments, statements or information about others, even if true and correct as well as someone who uses an electronic information system or any information technology means for amending or processing a record, photo or scene for the purpose of defamation of or offending another person or for attacking or invading his privacy.

Equal Opportunities for All

UAE is a signatory to the Convention concerning Discrimination in Respect of Employment and Occupation. The convention requires signatories to pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. And consequently, the government of the UAE has implemented and put in place several measures and policies for fighting against discrimination and hatred. In line with its commitment to promote equality of opportunity and treatment, in July 2015, H. H Sheikh Khalifa issued Federal Decree Law No. 2 of 2015 on Combating Discrimination and Hatred, which aims to protect everyone in the UAE and thus bring the concept of social security to a new level. The 2015 decree is specifically targeted to fight discrimination against individuals or groups based on religion, caste, doctrine, race, colour or ethnic origin, thus strengthening the social fabric of the country.

Likewise, UAE leadership is committed to work towards promoting and fostering an environment of equal opportunities for the women workforce of the country. To support this ideology, in the year 2018, the government approved a law on equal wages and salaries for women and men, although the Federal Labour Law has already made a provision for equal wages for equal work (Article 32, UAE Labour Law 1980).

Further, the UAE leadership is conscious of the fact that there is one section of the population which needs more support, care and push and that is the disabled individuals or as the UAE likes to address them- “The People of Determination”. With respect to the people of determination, the government has made certain specific policies and as part of its resolve to provide protection and support to such workforce, the cabinet approved three principal legislations, that is,  (i) Federal Law No. 29 of 2006, which protects the rights of people of   determination; (ii) Resolution No. 43 of 2018 in support of the ‘people of determination’, which requires concerned government entities to protect the rights of ‘people of determination’ and to ensure their right to work on an equal basis with others and not to be discriminated against; and (iii) The UAE's People of Determination Protection from Abuse Policy, that condemns all forms of abuse and neglect of people of determination, including depriving people of determination of their basic right to care, rehabilitation, medical care, recreation or community integration.

What can you do?

As is evident from the foregoing, at the governmental level, UAE and its leadership is committed to protect the integrity and rights of the residents and therefore, workplace harassment in any form is not tolerated and supported. So, what can one do if one faces harassment or discrimination at workplace?

Harassment, Abuse, Discrimination at Workplace

By and large, a person’s first response is usually to turn to colleagues, friends and co-workers for help; but what if there is no forthcoming support from the community, for obvious reasons of work and employment pressure. In most of the cases, the victim would then turn towards the human rights department or a senior responsible officer. However, there are several questions that arise here:

1)  Whether the employees in the organization are aware of their rights?

2)  Whether there is a department or a forum or an officer for hearing such a grievance?

3)  Whether the organisational culture encourages employees to discourage such behaviour and raise complaints and bring up such grievances?

4)   Whether there is a written organizational policy in this respect?

The above questions and the answers to them play an extremely important role in shaping up the organizational culture and deciding the outcome of a harassment incident. First and foremost, the organisations need to build a culture of intolerance, condemnation and denunciation of any unacceptable behaviour from employees. In order to further this objective, the organization needs to formulate clear policies, educate and train their staff members about their rights in law, create departments or roles for hearing the grievances of victims and constantly encourage the employees to come forward and share their concerns so as to help the organization deter and prevent immoral and unacceptable conduct.

However, what if the organization one is working for does not have any of the above in place? Does one remain quiet and wait for another incident of unacceptable conduct or shall one find out and research one’s rights and the remedies available at law? And the answer is YES. The UAE government has effective policies in place any person who feels threatened or discriminated against or harassed in any manner, can approach the appropriate forum and raise a complaint. The laws outlined above have clear procedures for filing a complaint before appropriate legal forums. So in instances, where a person of determination is refused a job because of his or her physical condition, the person has full freedom to approach the appropriate forum for a redressal of his complaint. Similarly, any victim of any unacceptable and immoral conduct as described above, whether a man or woman is free to approach the courts of UAE with their grievance and complaint.

Harassment, Abuse, Discrimination in General

In addition, in UAE not just workplace harassment or discrimination, but harassment, discrimination and any form of abuse in general is also not tolerated and is discouraged by the policy makers, under the provisions outlined above, victims facing discrimination, harassment or abuse of any kind based on their race, colour, culture, religion or physical traits can approach the courts and appropriate forum for a redressal of their complaint. Any kind of sexual abuse or harassment, whether the victim is a man or a woman (Articles 360-362 of the Federal Penal Code). As outlined earlier, any form of slander, lewd gestures, sexual abuse, lewd and offensive statements, displaying improper and offensive writings, pictures or visuals are all punishable offences under the Federal penal Code and therefore, victims have a right to approach the courts and other appropriate forums. 

Harassment, Abuse, Discrimination on Social Media

In the event of any slander, trolling, verbal abuse, invasion of privacy or any other improper and unacceptable conduct via social media or any means of information technology, as has been outlined above, a victim has a right to approach the courts under Articles 20 and 21 of the Federal Decree- Law No. 5 of 2012. Such offences as covered under this law would include slander or abuse over social media like Facebook, twitter, whatsapp or other forums and any such act can land the offender in prison.

Conclusion

It is fairly evident and clear that the leadership of UAE is determined to establish a harmonious, affable and welcoming society. The leadership has formulated and created well defined policy to tackle harassment, abuse, discrimination and hatred in all forms and at all levels, whether at workplace or in day to day life. However, notwithstanding the robust policies and procedures at the governmental level, generally speaking, in the absence of organizational support, proper training and constant push by the authorities so as to create a culture that does not accept any immoral and unacceptable conduct, a culture that does not tolerate discrimination, hatred and a culture that thrives on harmony, solidarity and peaceful co-existence, the governmental policies are not as effective as they are expected to be.

So, keeping in mind the objective of the UAE government to create a harmonious work environment, it is incumbent and obligatory on the organisations to formulate clear and distinct policies to tackle and deter harassment, discrimination and hatred at all levels and in all forms as well as clearly outlining the procedure for raising complaints, resolution and disciplinary action. The organisations have to be mindful of different cultural, emotional and physical sensitivities that exist in a society like that of UAE and in order for it to become an inclusive society; the organizational policies and culture are one of the most crucial and vital tools. It is extremely crucial to educate people and propagate a cultural mindset that discourages discrimination, harassment and hatred and at the same time equips people with an understanding of their rights formulated by the leadership of the country.

At individual and societal level, people need to be mindful of the cultural sensitivities and they need to be respectful of each other. People need to remember that only punishment and fines should not be the reason for them acting humanely and respectfully towards each other. The primary reason for showing respect should be our understanding of the fact that all humans are born equal and no human is superior to the other. 

In the end, hoping that societies will gradually learn to co-exist without the need of penal actions and policies by the leadership. Until then, we are willing to help any organisations and groups who are looking to educate their staff, employees, people and companions with respect to the UAE’s policies and procedures for preventing harassment, discrimination, abuse and hatred in all forms and manners and also help them formulate and draft their internal policies for combatting unacceptable conduct.