ARTICLE
19 September 2024

Understanding UAE Guidelines For Reporting Hate And Discrimination Incidents

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
The UAE has established a comprehensive legal framework under Federal Decree-Law No. 34/2023 on Combating Discrimination, Hatred, and Extremism. This Decree-Law aims to address and mitigate incidents...
United Arab Emirates Employment and HR

Introduction:

The UAE has established a comprehensive legal framework under Federal Decree-Law No. 34/2023 on Combating Discrimination, Hatred, and Extremism. This Decree-Law aims to address and mitigate incidents of discrimination and hate based on religion, gender, race, and colour. This article provides a detailed guide on the reporting provisions of this Decree-Law and outlines the steps for reporting such incidents.

According to Article 1 of Federal Decree-Law, Discrimination is defined as any distinction, limitation, exception, or preference among individuals or groups based on religion, belief, rite, community, sect, race, colour, ethnic origin, or gender.

Additionally, Hate Speech is defined as any word or act that sows discord or leads to strife or discrimination among individuals or communities. Extremism refers to any act carried out by one or more persons or a group based on ideas, ideologies, values, or principles that affect public order or lead to the defamation of religions, discrimination, or provocation of hate speech.

Defamation of Religions

Article 4 includes acts such as blasphemy, disrespect, or insult against religions, holy rites, holy places, or religious figures. Such offences may be punishable with imprisonment of up to two years and fines ranging from AED 250,000 to AED 1,000,000. More severe acts may result in higher imprisonment terms and fines as detailed in Article 5.

Penalties for Discrimination and Hate Speech

  • Discrimination (Article 6): Any acts of discrimination may result in imprisonment for at least one year and fines ranging from AED 500,000 to AED 1,000,000.
  • Hate Speech (Article 7): Acts provoking hate speech are subject to similar penalties, including imprisonment for at least one year and fines ranging from AED 500,000 to AED 1,000,000.
  • Incitement of Tribal Strife (Article 8): Provoking tribal conflicts to incite hatred may lead to imprisonment for up to six months and fines ranging from AED 50,000 to AED 200,000.

Article 22 provides that individuals who report acts of discrimination or hate crimes before they occur may be exempt from penalties if their information leads to the detection or prevention of the offence. If reported after the incident, the individual may receive reduced penalties if they assist in the arrest of offenders.

Judicial Process

The courts in each Emirate have jurisdiction over cases involving discrimination and hate crimes. Federal courts will handle cases involving individuals or groups listed on extremism lists or where extremism is a factor, as specified in Article 23.

Aggravating Circumstances

Article 9 considers offences committed by public employees or religious figures, or within places of worship, as aggravating circumstances. These circumstances may lead to enhanced penalties.

Counselling and Surveillance

According to Article 18, individuals with serious aspects of extremism may be placed in counselling centres, with periodic reports provided to the court. Measures such as travel bans, surveillance, and residence restrictions may be imposed under Article 19, as determined by the court. Violations of these measures can result in imprisonment.

Conclusion:

Federal Decree-Law No. 34/2023 represents a significant step in strengthening the fight against discrimination and hate crimes. By adhering to these guidelines, individuals can play a crucial role in reporting and addressing such offences, thereby contributing to a more inclusive and respectful society.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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