On September 15, 2023, Decree-Law No. 24 of 2023 on Combating Human Trafficking was published in the official gazette of the United Arab Emirates (UAE) after being ratified by the president, Sheikh Mohamed bin Zayed Al Nahyan.
Decree-Law No. 24 of 2023, which repeals Law No. 51 of 2006 on Combating Human Trafficking Crimes, expands the definition of human trafficking, enhances penalties against perpetrators, and introduces new crimes that were not mentioned in the repealed law.
Definition of Human Trafficking Under the New Law
Decree-Law No. 24 defines human trafficking as the act of transporting another person across the national border of the UAE, as well as the act of selling and purchasing another person outside the UAE or within its borders. (Decree-Law No. 24 of 2023, art. 2(a).)
Article 2(b) of the new law identifies a variety of purposes for which human trafficking is sanctioned, including prostitution, sexual exploitation, forced labor, servitude, trading of human organs, and forced begging.
Consent of Victims of Human Trafficking
The new law introduces a provision that was not mentioned in the repealed law regarding the consent of the human trafficking victim or of the victim’s guardian. The law stipulates that the consent of the victim or of the victim’s guardian for the victim to be transported to the UAE for any of the aforementioned purposes of human trafficking does not exempt the perpetrator from punishment. (Art. 3.)
Measures to Protect Victims of Human Trafficking During Investigations
The new decree-law establishes a number of measures to protect the victim of human trafficking during the investigation stage of the criminal case. It obligates the federal authorities to examine the physical and psychological health of the trafficked victim. It also requires them to place the victim in a shelter and provide her with adequate protection as a witness in the case. Further, the law mandates the authorities to appoint an attorney to represent the victim in a civil compensation case that will be filed against the perpetrator. (Art. 4.)
Enhancement of Penalties and Aggravating Circumstances
Decree-Law No. 24 enhances the penalty for the crime of human trafficking from five years of imprisonment, under the repealed Law No. 51 of 2006, to imprisonment for five years and fine of 1 million dirhams (about US$272,220). (Repealed Law No. 51 of 2006, art. 2, para. 1; Law No. 24 of 2023, art. 6.) Moreover, the decree-law strengthens the penalty from life imprisonment, under the repealed Law No. 51 of 2006, to a life imprisonment and a fine of 5 million dirhams (about US$1,361,105) for perpetrators of human trafficking in the following circumstances:
1. The victim of human trafficking is a pregnant woman, child, or handicapped person.
2. The crime of human trafficking is committed through deceit, or involves the use of force, the threat of murder or bodily harm, or physical or psychological torture.
3. The perpetrator is the founder or a member of an organized criminal gang, or has consciously taken part in the activities of that gang.
4. The perpetrator is the spouse, a relative, a descendent, or the guardian of the victim.
5. The perpetrator is a public servant or commissioned with a public duty.
6. The victim of human trafficking was permanently injured because of the perpetrators’ acts. (Repealed Law No. 51 of 2006, para. 2; Decree-Law No. 24 of 2003, art. 7.)
Penalties for Confiscating Travel Documents
Another new provision of the decree-law that was not included in the repealed Law No. 51 of 2006 concerned the confiscation of travel documents. In accordance with article 11 of Decree-Law No. 24, any person who confiscates or damages the travel documents of the victims of human trafficking is to be punished with imprisonment for not less than six months or a fine of 150,000 to 500,000 dirhams (about US$40,835 to 136,110), or both penalties.
Confiscation of the Tools and Proceeds
Additionally, the new decree-law requires federal authorities to freeze any bank accounts and confiscate any real or personal properties if they were used by the perpetrator as tools to commit the crime of human trafficking or if they are the proceeds of the crime of human trafficking. (Art. 18(1).)
Federal Assistance to Victims of Human Trafficking
The decree-law stipulates that federal authorities are responsible for providing victims of human trafficking with necessary protection while they are in the UAE and that they are in charge of returning victims of human trafficking to their home countries. (Art. 23.)
Exemption from Criminal Liability
Lastly, Decree-Law No. 24 exempts victims of human trafficking from any criminal liability. (Art. 21.)
George Sadek, Law Library of Congress
October 26, 2023
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