New cross-party panel report condemns systematic rights violations against British women in UAE
Following a recent evidence hearing, which included testimony by ICFUAE, a cross party fact-finding panel of UK parliamentarians today issued a report and recommendations which is being sent to the UK and UAE Governments, concerning the rights of British women in the UAE. The report has found that the UAE’s human rights record - particularly regarding women - is poor and needs to be urgently addressed.
The report is also critical of UK Foreign Office (FCDO) representatives in the UAE who do not offer more than base-level advice to British nationals that need help in the UAE. Caitlin McNamara, a British woman who was sexually assaulted by the UAE Minister for Tolerance in February 2020, describes simply being sent the link for a website on how to deal with sexual assault. Without any support, victims of these abuses are even more exposed and are often left terrified and alone.
The panel consisted of Sir Peter Bottomley MP (Chair), Debbie Abrahams MP, and Baroness Helena Kennedy QC. It was assisted by international human rights barristers, Rhys Davies and Ben Keith.
At an open evidence session, the panel heard from experts and victims to assess the treatment of British women in the UAE. The panel heard evidence from representatives of three leading NGOs: Oscar Jenz (Amnesty International); Ines Osman (MENA Rights Group); and Sofia Kaltenbrunner (International Campaign for Freedom in the UAE). They described patterns of repression, intolerance of dissent and an imbalance concerning the power of the state versus the rights of individuals.
The panel also heard alarming and compelling evidence from women who were victims of human rights abuses by the UAE. It heard from Tiina Jauhiainen who was kidnapped and arbitrarily detained alongside Princess Latifa; Asa Hutchinson who was arrested and detained for witnessing a fight; Caitlin McNamara, who was sexually assaulted by the UAE Minister for Tolerance in February 2020; and a representative of British Woman A who is currently being detained arbitrarily in the UAE.
Witness testimonies from each of the four female victims of rights abuses in the UAE revealed multiple fundamental rights breaches, including being denied a lawyer, having passports seized, being forced to sign incriminating documents, or being offered no legitimate legal recourse for their predicaments. Hutchinson described how after signing Arabic forms she could not read, she became the centre of a prosecution simply because everyone else involved had fled the country. British Woman A has been detained without charge in the UAE since February 2020, repeatedly denied her rights to judicial review, and has been given access to her children for a combined time of 50 minutes over this period. McNamara and Hutchinson both highlighted how systemic flaws in rights protections are easily manipulated by Emirati officials. For example, McNamara’s attacker has faced no punishment within the UAE despite breaking the very laws his senior position trusts him to enforce. They all cited the extreme limits to freedom of expression that they faced, especially on social media.
Every victim emphasised the dire support offered by FCDO officials who “said the right things, but... [offered] no proactive help” (McNamara). McNamara stated she did not hear from the Foreign Office at all until three months after she had returned to the UK. The only support she was offered at the time was generic support website links. Jauhiainen goes further, imploring the British to stop “fawning over the leaders of the UAE”. Hutchinson was even advised by the FCDO to return to the UAE and finish her sentence. British Woman A’s testimony, which includes being told that her (arbitrary) detention was in accordance with local UAE laws, suggests that the “FCDO is essentially proving itself in its actions or inactions to be complicit” with UAE rights abuses.
The panel investigation has brought to light evidence indicating a significant number of breaches to the rights of women in the UAE. Many have been detained for reasons that would not count as criminal in the UK, for example swearing in a WhatsApp message.
In addition to the open evidence session on 20th July 2021, the panel also considered evidence from a number of external reports from leading sources such as Human Rights Watch amongst others. The panel also used reports from the UN and other rights groups, as well as press reports of British women detained in the UAE. Furthermore, the panel assessed evidence suggesting that the FCDO had recorded over 1350 detentions of British women in the UAE from 2011 to 2016.
A request on 24th May 2021 to the FCDO to confirm whether they had information regarding rights breaches of British nationals in the UAE was turned down on the basis that the cost of dealing with it would exceed the appropriate cost limit for public authorities.
Despite a veneer of modernity and freedom, the human rights situation in the UAE is abysmal. Freedom of expression, association and religion remain profoundly restricted and women’s rights are far from being equal to those of men. Arbitrary detention is commonplace, and there are countless accounts of torture within prisons. In September 2020, the UAE removed the legal defence of so- called ‘honour killings’, however, the fact that families of the victim can still be paid off to grant the murderer the right to a shorter sentence undermines this reform. This legalised gender discrimination is also experienced by non-citizens. An overall lack of confidence in the judicial system means many crimes go unreported.
The narrative that active steps are being taken to improve women’s rights in the UAE is lacking in concrete evidence. Despite attempts at reform, loopholes and other legal avenues remain that curtail women’s rights in the UAE. For example, the UAE’s employment laws – which are supposed to protect employees from workplace abuse - exclude domestic workers who are disproportionately women.
Domestic abuse in the UAE is rampant as shown in a BBC report in February 2021. In practice, protections for abuse victims remain limited. The UAE’s legislative framework continues to discriminate against women. Article 71 of the Personal Status Laws provides that a woman may forfeit her right to financial support from her husband if she refuses to have sexual relations with him without “lawful excuse.” Meanwhile, marital rape is still not criminalised. The USA has also condemned the UAE for not meeting “the minimum standards for the elimination of trafficking.”
Conclusion and Recommendations
After reviewing the witness and expert testimonies, the panel is now calling upon the UK government to ensure that all complaints made by British nationals whilst in the UAE are properly investigated and all necessary assistance is provided. It encourages UK Ministers to take this matter seriously and learn from high profile cases of not just British nationals, but also Emirati women who have suffered discrimination and injustice at the hands of authorities. The UK Government, through our diplomatic teams and international development funding, must also provide greater scrutiny on how the Emirati authority follows international standards of justice and respects the rights of citizens and guests to the country.
The evidence presented to the Panel shows that further reform to protect human rights is necessary. In particular, the Emirati government should take steps to ensure that there is no lawful basis for any gender discrimination.
The panel found that the Emirati criminal justice system is open to abuse and capable of manipulation. Consular assistance provided to British women in the UAE whose rights have been breached also falls far short of expectations. The Panel calls upon both the UAE and UK to take all necessary steps to ensure that the rights of women are properly protected.
ICFUAE statement:
“The UAE is a hub for business and travel, with over 100,000 British nationals living in the country. However, its utter disregard for the right to freedom of expression, association and peaceful assembly combined with a discriminatory criminal justice system, which operates under the full control of the authorities, leaves women extremely vulnerable to severe Human Rights abuses.”
