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UAE

Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism

Analysis of Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism (Federal Law by Decree, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism
  • Law Type: Federal Law by Decree
  • Law Number: (34) of 2023
  • Issued Date: 28 Sep 2023
  • Effective Date: 29 Oct 2023
  • Official Gazette: No. 760
  • Sector: Security and Safety
  • Status: Active
  • Number of Articles: 56
  • Chapters/Parts: 0
  • Amendments: 0

Summary

This Federal Law by Decree aims to combat discrimination, hatred, and extremism in the United Arab Emirates. It defines key terms such as blasphemy, discrimination, hate speech, and extremism, and establishes a range of criminal offences and penalties for acts that violate these principles. The law grants authorities the power to dissolve extremist organizations, confiscate related materials, and deport foreign offenders. It also allows for the placement of individuals deemed at risk of extremism in counselling centres. This legislation is a significant step in the UAE's efforts to promote social cohesion, safeguard religious tolerance, and maintain national security. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023)

What is the scope and purpose of this law?

The law applies throughout the United Arab Emirates and regulates acts of blasphemy, discrimination, hate speech, and extremism. Its purpose is to combat these issues and promote social harmony, religious tolerance, and national security. The law grants authorities the power to take various measures, including imposing criminal penalties, dissolving extremist organizations, and placing individuals deemed at risk of extremism in counselling centres. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 1-3)

What are the key definitions under this law?

The law provides the following key definitions:

  • State: The United Arab Emirates (UAE)
  • Religions: The Heavenly Religions, Islam, Christianity, and Judaism
  • Houses of Worship: Mosques, Churches and Temples
  • Blasphemy: Every act that would insult Divine Essence, religions, prophets, messengers, divine books, or Houses of Worship
  • Discrimination: Any distinction, restriction, exclusion or preference between individuals or groups on the basis of religion, creed, sect, race, colour, ethnic origin, gender or sex
  • Hate Speech: Any statement or action that might incite discord, strife, or discrimination between individuals or groups
  • Extremism: Any action carried out by one or more people or groups motivated by ideas, ideologies, values, or principles that would disrupt public order, or would express blasphemy, discriminate, or incite hate speech
  • Means: Information network, communications networks, websites, industrial materials, information technology means, or any means of reading, audio, or visual
  • Methods of Expression: Speaking, writing, drawing, pointing, photographing, singing, acting, or gesturing

(Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 1)

What are the main obligations and requirements?

The law imposes the following key obligations: 1. It is prohibited to commit any act of blasphemy, such as slandering or insulting the Divine Essence, religions, religious rituals, sanctities, or divine books, or insulting prophets, messengers, or their families. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 4) 2. It is prohibited to commit any act of discrimination or incite hate speech through any means of expression or other forms. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 6-7) 3. It is prohibited to exploit religion to accuse individuals or groups of infidelity in order to achieve private interests or illegal purposes. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 10) 4. It is prohibited to produce, manufacture, promote, sell, or offer for sale any products, goods, or materials that express blasphemy, discrimination, or incite hate speech. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 11)

What are the penalties for non-compliance?

The law prescribes the following penalties for violations: 1. For acts of blasphemy under Article 4, the penalties range from imprisonment of at least 1 year and a fine of AED 250,000 to AED 1,000,000, to imprisonment of at least 2 years and a fine of AED 500,000 to AED 2,000,000. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 5) 2. For acts of discrimination or inciting hate speech, the penalty is imprisonment of at least 1 year and a fine of AED 500,000 to AED 1,000,000. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 6-7) 3. For exploiting religion to accuse individuals or groups of infidelity, the penalty is temporary imprisonment, and execution if the accusation leads to incitement to murder. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 10) 4. For producing, manufacturing, or selling materials that express blasphemy, discrimination, or incite hate speech, the penalty is imprisonment of at least 2 years and a fine of AED 500,000 to AED 2,000,000. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 11)

Which authorities or bodies are responsible for enforcement?

The law does not specify any particular authorities or bodies responsible for enforcement. However, it states that the Public Prosecution Office may request the court to order certain measures against individuals deemed at risk of extremism, such as travel bans, surveillance, and restrictions on residence and contact. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 19)

What rights and protections does this law provide?

The law states that freedom of opinion and expression may not be invoked to commit any statement or action that would incite blasphemy or harm them, in violation of the provisions of this Decree by Law. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 3)

What exemptions or exceptions apply?

The legislation does not specify any exemptions or exceptions to its provisions.

How are disputes resolved under this law?

The law does not provide details on dispute resolution mechanisms. However, it states that individuals whose names are included in the extremist lists established by the Cabinet may file an appeal against the listing decision. If the appeal is rejected or not responded to within 60 days, the complainant may appeal the listing decision before the Competent Court within 60 days. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 20)

What are the key deadlines and time limits?

The law specifies the following key deadlines and time limits: 1. The Public Prosecution Office must submit periodic reports every 3 months to the court on individuals placed in counselling centres. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 18) 2. Individuals whose names are included in the extremist lists established by the Cabinet have 60 days to file an appeal against the listing decision. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 20) 3. The Cabinet must review the extremist lists at periodic intervals not exceeding 1 year. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023, Art. 20)

How does this law interact with other UAE legislation?

The law references the following related legislation: - The Constitution of the United Arab Emirates - Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers, and any amendments thereto - Federal Decree by Law No. (2) of 2015 Concerning Combating Hatred and Discrimination, as amended (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023)

When did this law come into effect?

This Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism was issued on 28 September 2023 and came into effect on 29 October 2023. (Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism, 2023)

Source Documents

This article analyses Federal Law by Decree Concerning Combating Discrimination, Hatred and Extremism 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.

Written by Sushant Shukla

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