The United Arab Emirates (UAE) is a federation of seven semi-autonomous emirates, with an estimated resident population of 4.5 million, of which only 21 percent are citizens. The seven emirate rulers constitute the Federal Supreme Council, the highest legislative and executive body.

The Council selects a president and vice president from its membership; the president, in turn, appoints the prime minister and cabinet. In November 2004 the Council selected Sheikh Khalifa bin Zayed al-Nahyan, Ruler of Abu Dhabi Emirate, as head of state for a five-year term.

Traditional rule in the emirates generally is patriarchal, with political allegiance defined in terms of loyalty to the tribal leaders, to the leaders of the individual emirates, and to the leaders of the federation.

There are no democratically elected institutions or political parties. There are no general elections; however, citizens may express their concerns directly to their leaders through traditional consultative mechanisms, such as the open majlis, or council. A consultative body, the Federal National Council (FNC), consists of 40 advisors appointed by emirate rulers for two-year terms. The civilian authorities generally maintained effective control of the security forces.

     RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance
There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment .

The constitution prohibits torture, and there were no reports that government officials employed it; however, courts applying Shari'a (Islamic law) sometimes imposed flogging sentences on both Muslims and non-Muslims as punishment for adultery, prostitution, and consensual premarital sex. In March, the Dubai Shari'a court sentenced a pregnant Asian housemaid to 150 lashes and deportation for adultery.

Flogging was also imposed as punishment for defamation of character, and drug or alcohol abuse. There were credible reports that some authorities used leather straps and canes to administer floggings, which left substantial bruising, welts, and open wounds on the recipients' bodies.       

Most Prison and Detention Center Conditions

Prison conditions generally met international standards; however, prison conditions varied widely from emirate to emirate, and some rural prisons were overcrowded and had spartan living conditions. Again during the year, there were reports of prison overcrowding in Abu Dhabi and Dubai prisons. Noncitizens represented approximately 75 percent of all prisoners. Men and women were housed separately. Conditions for women were equal to or slightly better than those for men. Pretrial detainees were held separately from convicted criminals before trial. Juveniles were held separately from adults. Prisoners convicted on national security grounds were held separately from the general populace, in special sections of the regular prisons. Conditions in these sections were not significantly different than other parts of the prisons. There were credible reports that government officials discriminated against prisoners with HIV by not granting commuted sentences or parole that other prisoners with similar records had received.

Police in Dubai and Abu Dhabi stated that NGOs and the International Committee of the Red Cross have access to observe prison conditions if requested; however, there were no reports of any requests for such visits during the year.

Representatives of religious and national communities regularly met with prisoners. Representatives from the General Women's Union (GWU), a local organization partially funded by the government, regularly met with female prisoners, helped them financially, and paid airfare, when necessary, to repatriate noncitizens after their release.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention; however, there were reports that the government held persons in official custody without charge; and that the government charged individuals but denied them a preliminary judicial hearing within a reasonable period. The law permits indefinite incommunicado detention without appeal, and in one case the government held a prisoner incommunicado for several months at least.

Role of the Police and Security Apparatus

The federal Ministry of Interior oversees Police General Directorates in each of the seven emirates; however, each emirate, via its corresponding Police General Directorate, maintains its own police force and supervises the police stations therein. While all emirate police forces theoretically are branches of the ministry, in practice they operate with considerable autonomy. Police stations take complaints from the public, make arrests, and forward all cases to the public prosecutor. These cases are then transferred to the courts. All cases are filed with the Ministry of Interior. While reported incidents of police corruption are uncommon, the ministry intervened several times in criminal cases to keep local police actions in harmony with federal law and policy.

The government has taken measures to upgrade police capability to enforce anti-trafficking standards. In May, the government created a 70-person anti-trafficking section within the Ministry of Interior, and in October Dubai Police established a special Human Trafficking section that works in conjunction with the Human Rights Care Department.

Arrest and Detention

The law prohibits arrest or search without reasonable belief, but the government did not always observe these provisions in practice. There were credible reports that security forces failed to obtain warrants in many cases. Indefinite detention without charge is permitted upon judicial review.

Under the Criminal Procedures Code, police are directed to report arrests within 48 hours to public prosecutors, who must determine within the next 24 hours whether to charge, release, or further detain the suspect pending an investigation. Public prosecutors may order that detainees be held up to 21 days without charge. In cases of felonies or misdemeanors punishable by imprisonment, authorities must obtain court orders after 21 days for additional detention. Court-ordered extensions may not exceed an additional 30 days of detention without charge; however, judges may continue to renew this 30-day detention period indefinitely and without charge. Suspects have the right to protest any extensions of their detention periods ordered in absentia, although this right was not afforded in cases of incommunicado detention. An anti-terrorism law passed in July 2004 allows public prosecutors to hold suspects in terrorism-related cases without charge for 6 months, an increase over the previous 3-week limit. Once a suspect is charged, terrorism cases are handled by the Supreme Court, which may extend the detention period indefinitely.

Several diplomatic missions again expressed concern that authorities failed to provide consular notification when their citizens were detained or arrested.

There is no formal system of bail; however, authorities can release detainees temporarily who deposit money, an important document such as a passport, or an unsecured personal guarantee statement signed by a third party. Those arrested on non-security charges were generally allowed to telephone third parties while in detention.

Defendants in cases involving loss of life, including involuntary manslaughter, can be denied release in accordance with the law. Release usually is permitted after a payment of compensation to the victims' families, commonly called diya or "blood money," which is a form of financial penalty imposed on defendants in criminal cases involving a killing.

A defendant is entitled to an attorney only after the police have completed their investigation. As a result, police can question accused persons sometimes for days or weeks without benefit of legal counsel if the Prosecutor General approves.

There were no reports of political detainees.

Amnesty


Rulers of the individual emirates regularly pardon and pay the debts of prisoners on religious and national holidays. During the year, at least 1,420 prisoners were pardoned, and $2 million (7.2 million dirhams) in debts paid. Most pardoned foreign nationals were deported.


e. Denial of Fair Public Trial


The constitution provides for an independent judiciary; however, its decisions are subject to review by the political leadership. The judiciary, composed largely of contracted foreign nationals potentially subject to deportation, was not generally considered independent. The law prohibits women from serving in the judiciary.


There is a dual court system. Shari'a (Islamic law) courts adjudicate criminal and family law matters based on each emirate's interpretation of Islamic law; civil courts adjudicate civil law matters. Civil courts generally are part of the federal system, except in the Dubai and Ras al-Khaimah emirates, and are accountable to the Federal Supreme Court, which has the power of judicial review as well as original jurisdiction in disputes between emirates or between the federal government and individual emirates. The emirates of Dubai and Ras al-Khaimah have their own local and appellate courts, which have jurisdiction over matters within their territories that the constitution and federal legislation do not specifically reserve for the federal system. The emirates of Dubai and Ras al-Khaimah do not refer cases in their courts to the Federal Supreme Court for judicial review, although they maintain a liaison with the federal Ministry of Justice, Islamic Affairs, and Endowments.


Each emirate administers Shari'a courts. In some emirates, these courts consider all types of civil and commercial cases as well as criminal cases and family matters. They act in accordance with their interpretation of Islamic law, but also are required to answer to the Federal Supreme Court, with the exception of the emirates of Dubai and Ras al-Khaimah. In criminal cases, Shari'a is applied first and, if evidence required by Shari'a is found insufficient, the Penal Code is used. Dubai has a special Shi'a council to act on matters pertaining to Shi'a family law (see section 5).


Trial Procedures


The constitution does not provide accused persons the right to a speedy trial, but does provide the right to a fair public trial. Civil defendants at times demanded same‑day disposition of the cases filed against them. Authorities generally brought criminal defendants to trial within two to three months, with the exception of more slow-moving drug‑related cases, in which authorities are required to inform the office of the ruler for the emirate in which the offense was committed. There were credible reports that these cases often took more than six months to go to trial.


Trials can last more than a year, depending on the seriousness of the charges, number of witnesses, and availability of judges. In Abu Dhabi Emirate, review of criminal cases by the local ruler's court, or diwan, as well as an extralegal requirement that the diwan approve the release of every prisoner whose sentence has been completed, resulted in bureaucratic delays in processing or releasing prisoners, and some prisoners served time beyond their original sentences.


Approximately 50 percent of federal judges were noncitizen Arabs, whose mandates were subject to periodic renewal by the government. In contrast, judicial positions held by citizens are permanent and are subject to termination only for specific reasons set out in the Judicial Authority law. The percentage of citizens serving as public prosecutors and judges, particularly at the federal level, continued to increase. Although each emirate varies, approximately 75 percent of public prosecutors were citizens.


Defendants have a limited right to legal counsel. Under the Criminal Procedures Code, the defendant has a right to request government-provided counsel in all cases involving a capital crime or possible life imprisonment, regardless of whether the defendant is financially able to hire counsel. The government may provide counsel, at its discretion, to indigent defendants charged with felonies punishable by imprisonment of 3 to 15 years. The Penal Procedures Law states that defense counsel may be present during any investigation, but only at the prosecutor's discretion.


Defendants are presumed innocent until proven guilty. All trials are before judges, not juries, and trials are public, except for national security cases and those deemed by the judge likely to harm public morality. By law all prosecutions are conducted in Arabic; the defendant has no right to a translator.


Each court system has an appeals process. Death sentences may be appealed to the ruler of the emirate in which the offense is committed, or to the president of the federation, although in the case of murder, only the victim's family may commute a death sentence. The government normally negotiates with victims' families for the defendant to offer financial compensation, or diya, to the victims' families to receive their forgiveness and commute death sentences.


Non-Muslims who are tried for criminal offenses in Shari'a courts can receive civil penalties at the discretion of the judge. Shari'a penalties imposed on non-Muslims can be overturned or modified by a higher court.


In cases in which a defendant is acquitted, the prosecutor may appeal the acquittal to a higher court. The higher court may receive additional evidence. An appellate court must reach unanimous agreement to overturn an acquittal.


The local rulers' diwans, following traditional prerogatives, maintained the practice of reviewing many types of criminal and civil offenses before cases were referred to the prosecutor's office. The diwans may review sentences passed by judges and return cases to the court on appeal. The diwans' involvement, which typically occurs when the case involves parties from two different emirates or a citizen and a noncitizen, can lead to lengthy delays prior to and following the judicial process.


The military has its own court system. Military tribunals try only military personnel. National security cases are heard solely by the Supreme Court.


Political Prisoners


There were no reports of political prisoners.


f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits entry into homes without the owner's permission, except when police present a warrant in accordance with the law; however, there were credible reports that security forces sometimes failed to obtain warrants. Only police officers and public prosecutors carrying a warrant are permitted entry into homes. Officers' actions in searching premises are subject to review, and officers are subject to disciplinary action if their actions are judged to be irresponsible. Local custom and practice place a high value on privacy, and entry into private homes without owners' permission was rare. A female police officer is required to be present during the search of a private home when male family members are absent.


Authorities do not commonly screen private correspondence; however, there have been reports of censorship of incoming international mail. The government-owned Internet provider, Etisalat, regularly blocks internet sites determined to be "objectionable" (see section 2.a.).


Family matters for Muslims are governed by Shari'a and the local Shari'a courts. Muslim women are forbidden to marry non-Muslims. In such cases, both parties can be arrested and tried. However, Muslim men are free to marry all women "of the book," i.e., Muslim, Christian, and Jewish women (see section 5).


Section 2 Respect for Civil Liberties, Including:


a. Freedom of Speech and Press


Article 30 of the constitution provides for freedom of speech and of the press; however, the government restricted these rights in practice. The UAE Print and Publication Law prohibits, under penalty of imprisonment, criticism of the government, ruling families, and friendly governments, as well as other statements that threaten social stability; however, the law was rarely enforced because journalists practiced self-censorship. The government tries complaints against journalists under the Penal Code.


Two of the country's newspapers, al-Ittihad and al-Bayan, were government-owned. The country's largest Arabic language newspaper, al-Khaleej, was privately owned but received government subsidies. The country's largest English language newspaper, Gulf News, was also privately owned. Newspapers often relied on news agencies for material. The government-owned Emirates News Agency regularly provided material printed verbatim from many newspapers and from government officials.


By law, the Ministry of Information licenses all publications. The ministry is informed of the appointment of editors and is responsible for issuing editors their press credentials. The Press and Publications Law governs press content and contains a list of proscribed subjects. Government officials reportedly warned journalists when they published material deemed politically or culturally sensitive. According to Ministry of Information and Dubai Police officials, journalists were not given specific publishing instructions. Self-censorship was the practice, with the ministry relying on editors' and journalists' discretion to publish or refrain from publishing material which could cause them problems.


A 2002 de facto ban prohibiting 10 prominent intellectuals from publishing opinion pieces in the country's Arabic and English language media continued. The ban was lifted in 2004 for at least two of the individuals, and they have since returned to writing and teaching. There was one new report of an academic that was banned from teaching in the university, although no reason was initially given and no further details were available.


While self-censorship affected what was reported locally, foreign journalists and news organizations operating out of the Dubai Media Free Zone reported no restrictions on the content of print and broadcast material produced for use outside the country. Broadcast content within the Dubai Media Free Zone is regulated by the Free Zone Authority for Technology and Media. There were reports that some broadcast channels in the Media Free Zone broadcast songs and cellular short message service (SMS) messages described as "indecent" by government officials, which were accessed by the local audience. In response, on April 16, Dubai Police and the Juvenile Welfare Association launched a five-year campaign to spread the message that indecent content would not be tolerated within the Media Free Zone.


Except for those located in Dubai's Media Free Zone, most television and radio stations were government-owned and conformed to unpublished government reporting guidelines. Satellite receiving dishes were widespread and provided access to international broadcasts without apparent censorship. The main pan-Arab dailies were not censored and were distributed on the day of publication. Censors at the Ministry of Information and Culture reviewed all imported media and banned or censored before distribution material considered pornographic, excessively violent, derogatory to Islam, supportive of certain Israeli government positions, unduly critical of friendly countries, or critical of the government or ruling families.


On June 15, Basma al-Jandaly, a local newspaper reporter, was arrested at the Dubai airport because of an article she had written in February about a man who had stalked and slashed women with a knife in Sharjah Emirate. The warrant issued by Sharjah police contended that her article in Dubai's leading English daily, Gulf News, may have helped the attacker escape by alerting him to the investigation. The interior minister immediately intervened on the reporter's behalf and ordered her released the following day. The minister also issued a subsequent directive that all police departments must establish standard operating procedures for dealing with complaints against the press that will allow journalists to do their jobs without undo interference.


On July 26, two journalists were found guilty of defamation and libel for publishing opinion pieces in al-Ittihad newspaper in 2003, and were each fined $5,465 (20,000 dirhams). According to press reports, one of the journalists criticized a decision by the Ministry of Education to alter approved curriculums and cancel some subjects at several private schools midway through the academic year, while the other journalist was tried as an accomplice because he was the managing editor.


Internet access was provided through the state‑owned monopoly Etisalat. A proxy server, intended to block material regarded as pornographic, violent, morally offensive, or anti-governmental, as well as sites promoting radical Islamic ideologies, in practice blocked broad categories of sites including many that did not meet the intended criteria, including www.newyorktimes.com and www.cnn.com. The Etisalat proxy server provided access to America OnLine email but blocked other features that enable users to chat online. Etisalat denied having the authority to block any site, and referred all complaints and suggestions to the Ministry of Information. Etisalat occasionally solicited suggestions from users regarding "objectionable" sites, and at times the government responded by blocking some politically oriented sites, which were sometimes later unblocked. Etisalat also blocked commercial "voice‑chat" and Voice over Internet Protocol (VOIP) Web sites on the Internet. The proxy server did not affect Internet access in Dubai's Internet City and Media City.


Academic materials destined for schools were routinely censored. Students were banned from reading texts featuring sexuality or pictures of the human body.


b. Freedom of Peaceful Assembly and Association


Article 33 of the constitution provides for freedom of assembly and association. Organized public gatherings require a government permit. No permits were given for organized public gatherings for political purposes. In practice, the government did not regularly interfere with informal gatherings held without a government permit in public places, unless there were complaints.

Freedom of Assembly


During the year, there were approximately 20 widely publicized, organized gatherings of workers complaining of unpaid wages and unsuitable working conditions before the Ministry of Labor and Social Affairs building. These gatherings occurred without prior government permission but also without government interference (see section 6).


Citizens normally confined their political discussions to the frequent gatherings, or majlises, held in private homes. There were many citizen associations subsidized by the government, organized for economic, religious, labor, social, cultural, athletic, and other purposes, but not for political purposes.


Freedom of Association


There are no political organizations, political parties, independent human rights groups, or trade unions (see sections 3 and 6.a.). All nongovernmental organizations (NGOs) are required to register with the Ministry of Labor and Social Affairs, after which they may receive subsidies from the government based on the membership size. Approximately 100 domestic NGOs were registered with the ministry. However, despite the requirement, more than 20 unregistered local NGOs focused on non-political topics, operate with little or no government interference. The Human Rights Committee of the Jurists Association, a government-subsidized association of lawyers and judicial personnel, focused on local and regional human rights issues. The percentage of citizen membership in NGOs varied widely. All private associations, including children's clubs, charitable groups, and hobby associations, required approval and licensing by local authorities, although this requirement was enforced loosely in some emirates (see section 4).


Private associations must follow the government's censorship guidelines and receive prior government approval before publishing any material. Participation by NGO members in any event outside the country is subsidized and directed. Participants must obtain government permission before attending such events, even if they are not speakers.


c. Freedom of Religion


The constitution provides for freedom of religion in accordance with established customs, although these customs restrict this right in practice. The constitution declares that Islam is the official religion of all seven emirates. According to the country's first census in 2001, 76 percent of the 4.04 million total population was Muslim, 9 percent was Christian, and 15 percent belonged to other religions. There is a small resident Jewish population of unknown size; there are no synagogues. There were no reports of anti-Semitic acts or statements.


The government controlled all Sunni and Shi'a mosques, prohibited the proselytizing of Muslims, and restricted freedom of assembly and association, thereby limiting the ability of religious groups without dedicated religious buildings to worship and conduct business. The government funded or subsidized approximately 95 percent of Sunni mosques and employed all Sunni imams; approximately 5 percent of Sunni mosques were entirely private, and several prominent mosques have large private endowments. A committee of the Ministry of Justice, Islamic Affairs, and Endowments drafts and distributes all Friday sermons to Sunni and Shi'a imams. The government monitors all sermons for political content. During the year, the ministry distributed Friday sermons that condemned terrorism and extremism and encouraged moderation in Islam. The effort was covered widely in print and broadcast media.


The government supports a moderate interpretation of Islam; however, as the state religion, Islam is favored over other religions and conversion to Islam is viewed favorably. All Sunni imams are employees of either individual emirate departments or of the federal Ministry of Justice, Islamic Affairs, and Endowments. Dubai's department of Islamic affairs and endowments has approval authority over preachers in that emirate's private mosques.


The Shi'a minority, concentrated in the northern emirates, was free to worship and maintain its own mosques. All Shi'a mosques were considered private and received no funds from the government. The government did not appoint sheikhs for Shi'a mosques, but it did monitor all sermons closely. Shi'a Muslims in Dubai can pursue Shi'a family law cases through a special Shi'a council rather than the Shari'a courts.


Several non-Muslim groups own houses of worship where they can practice their religion freely, although the local ruler owns the land. Groups that did not have their own buildings were limited in their ability to assemble for worship and required to use the facilities of other religious organizations or worship in private homes. The police or other security forces did not interfere with these gatherings.


Individual emirates exercised considerable autonomy in religious matters. There did not appear to be a formalized method of granting official status to religious groups. Facilities for Christian congregations were far greater in number and size than those for other non-Muslim groups, which significantly outnumber the Christian population. There are 24 Christian churches in the country, and Christian primary and secondary schools operate in four emirates. There is one temple for both Sikhs and Hindus located in Dubai. There are no Buddhist temples; however, Buddhists, along with Hindus and Sikhs in cities without temples, conducted religious ceremonies in private homes without interference. There are only two cremation facilities and associated cemeteries for the large Hindu community, one in Dubai and the other in Abu Dhabi. Official permission must be obtained to use the facilities in every instance, which poses a hardship for the large Hindu community. In October, the government refused to allow the Hindu community in Abu Dhabi to cremate the body of an Indian construction worker.


The government prohibits Muslims from converting to other religions. Although non-Muslims in the country are free to practice their religion, they are subject to criminal prosecution, imprisonment, and deportation if found proselytizing or distributing religious literature to Muslims. There are no specific laws against missionary activities, and there were no reports of authorities revoking residence permits of persons suspected of such activities. On February 21, two foreign women on a mission trip with the Tom Cox World Ministries were arrested by Dubai Police while passing out Bibles and religious CDs during the Dubai Shopping Festival. They were charged with possession and distribution of religious materials (26 CDs and 19 Bibles), and being an "affront to Islam." Dubai Police released the two women within hours of their arrest, but confiscated their passports. On March 3, both women departed the country. Missionaries have performed humanitarian work since before the country's independence in 1971. There is no restriction on proselytizing non-Muslims.


The country's sole Internet service provider, Etisalat, blocked websites containing religious information. These sites included information on the Baha'i Faith, Judaism, negative critiques of Islam, and testimonies of former Muslims who had converted to Christianity. For a more detailed discussion, see the 2005 International Religious Freedom Report.


d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation