Legislation Details
- Full Title: Federal Decree by Law on Combating Human Trafficking
- Law Type: Federal Decree-Law
- Law Number: [24] of 2023
- Issued Date: 13 Sep 2023
- Effective Date: 16 Sep 2023
- Official Gazette: No. 759
- Sector: Security and Safety
- Status: Active
- Number of Articles: 56
- Chapters/Parts: 0
- Amendments: 0
Summary
The Federal Decree-Law on Combating Human Trafficking regulates the crime of human trafficking in the United Arab Emirates. It defines the elements of the crime, establishes penalties for offenders, and outlines procedures for investigations and trials. The law aims to combat all forms of human trafficking, including sexual exploitation, forced labor, organ removal, and practices similar to slavery. It provides protection and support mechanisms for victims, and empowers authorities to enforce the law and prosecute perpetrators. This legislation is crucial for businesses and individuals in the UAE, as it sets clear legal standards and consequences to deter human trafficking activities that can have severe human and economic impacts. (Federal Decree by Law on Combating Human Trafficking, 2023)
The law also establishes the National Committee to Combat Human Trafficking, which is responsible for coordinating the efforts of various government entities in implementing the decree-law and developing policies to combat this crime. This reflects the UAE's commitment to addressing human trafficking as a national priority and aligns with its international obligations under the United Nations Convention against Transnational Organized Crime and its Protocols. (Federal Decree by Law on Combating Human Trafficking, 2023)
What is the scope and purpose of this law?
The Federal Decree-Law on Combating Human Trafficking applies throughout the United Arab Emirates and regulates the crime of human trafficking. It defines human trafficking as the sale, offer to sell or purchase, promise to sell or purchase, recruitment, use, conscription, transportation, deportation, sheltering, handover, or receipt of one or more persons within the UAE or across its borders, using force, threat, coercion, abduction, fraud, deceit, abuse of authority, misuse of influence, or exploitation of vulnerability, with the intent of exploitation. (Federal Decree by Law on Combating Human Trafficking, 2023, Art. 2)
What are the key definitions under this law?
- The State: United Arab Emirates (Art. 1)
- Competent Authorities: Competent Federal Authorities (Art. 1)
- Concerned Entities: Local Concerned Entities (Art. 1)
- Human Trafficking: The crime set forth in Article 2 (Art. 1)
- Child: Every human being born alive who has not reached 18 years old (Gregorian Calendar) (Art. 1)
- Organised Criminal Group (OCG): A group composed of at least 3 persons, acting in concert to commit any of the crimes set forth in the law to directly or indirectly obtain a financial or other benefit (Art. 1)
- Crime of a Transnational Nature (CTN): A crime committed in more than one state, or committed in one state but prepared, planned, directed, or supervised in another state, or a crime committed in one state by an organised criminal group engaging in criminal activities in more than one state, or any crime committed in one state with consequences impacting another state (Art. 1)
- Funds: Assets of any type, including national and foreign currencies, legal documents, electronic or digital forms, economic resources, and any interest, profits, or income derived from these assets (Art. 1)
- Proceeds: Funds directly or indirectly generated from committing any of the crimes set forth in the law, including profits, concessions, economic interests, and similar funds (Art. 1)
- Victim: Every natural person who has suffered material or moral damage as a result of one of the criminal acts punishable under the law (Art. 1)
(Federal Decree by Law on Combating Human Trafficking, 2023, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations on individuals and authorities:
- Authorities must inform victims and witnesses of their legal rights in a language they understand and provide them with the opportunity to express their legal and social needs (Art. 4(1))
- Victims must be presented to medical authorities to receive psychological or physical treatment, and admitted to a rehabilitation centre if necessary (Art. 4(2))
- Victims must be provided with necessary security protection if they are in need of it (Art. 4(4))
- Foreign victims or witnesses must be kept in the country if the investigation or trial requires it (Art. 4(5))
- The court must appoint an attorney for the victim to file a civil claim for compensation, with the state bearing the fees (Art. 4(6))
- The court must take measures to ensure victims and witnesses are protected and not influenced (Art. 4(8))
(Federal Decree by Law on Combating Human Trafficking, 2023, Art. 4)
What are the penalties for non-compliance?
The law establishes several penalties for committing human trafficking offences:
- Temporary imprisonment for at least 5 years and a fine of at least 1,000,000 AED for the basic human trafficking offence (Art. 6)
- Life imprisonment and a fine of at least 5,000,000 AED for aggravating circumstances, such as the victim being a child, disabled person, or pregnant woman, or the offence involving death threats, serious harm, or being committed by an organised criminal group (Art. 7)
- Imprisonment for 1 to 5 years and a fine of at least 50,000 AED for failing to report knowledge of a human trafficking crime (Art. 8)
- Temporary imprisonment for at least 5 years for coercing someone to give false testimony or conceal testimony, with a penalty of at least 10 years if committed by a public servant (Art. 9)
- Temporary imprisonment for concealing perpetrators or possessing items from the crime (Art. 10)
- Imprisonment for at least 1 year and a fine of at least 50,000 AED for seizing, concealing, or destroying a victim's identity documents (Art. 11)
- Imprisonment for at least 6 months and a fine of 150,000 to 500,000 AED for disclosing a victim or witness's identity (Art. 12)
- Imprisonment for at least 6 months and a fine of at least 150,000 AED for providing a victim with misleading legal information (Art. 13)
(Federal Decree by Law on Combating Human Trafficking, 2023, Arts. 6-13)
Which authorities or bodies are responsible for enforcement?
The law establishes the National Committee to Combat Human Trafficking, which is responsible for:
- Coordinating the efforts of various government entities in implementing the decree-law
- Developing policies and plans to combat human trafficking
- Monitoring and evaluating the implementation of the law
- Proposing legislative amendments
- Raising awareness and providing training on combating human trafficking
The committee is chaired by the Minister of Interior and includes representatives from relevant federal and local authorities. (Federal Decree by Law on Combating Human Trafficking, 2023, Arts. 24-25)
How does this law interact with other UAE legislation?
This Federal Decree-Law on Combating Human Trafficking repeals Federal Law No. (51) of 2006 Concerning Combating Human Trafficking Crimes, as amended. (Federal Decree by Law on Combating Human Trafficking, 2023, Art. 26)
The law also references the following related legislation:
- The Constitution of the United Arab Emirates
- Federal Law No. (1) of 1972 Concerning the Competence of Ministries and Powers of Ministers, as amended
- The UAE Penal Code, which contains provisions on the appointment of attorneys for victims to file civil claims (Art. 4(6))
- The Law on the Protection of Witnesses and the like, which the court must apply to ensure victims and witnesses are protected (Art. 4(8))
(Federal Decree by Law on Combating Human Trafficking, 2023, Preamble and Art. 4)
When did this law come into effect?
The Federal Decree-Law on Combating Human Trafficking was issued on 13 September 2023 and came into effect on 16 September 2023, the date of its publication in the Official Gazette No. 759. (Federal Decree by Law on Combating Human Trafficking, 2023)
Source Documents
This article analyses Federal Decree by Law on Combating Human Trafficking for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.