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United Arab Emirates United Arab Emirates The United Arab Emirates (UAE) is a federation of seven states formed in 1971. It is governed by a Supreme Council of Rulers made up of the seven emirs, who appoint the prime minister and the cabinet. Islam is the country’s official religion. The UAE is a member of the League of Arab States (LAS), as well as the Organization of Islamic Cooperation (OIC). An estimated 88 percent of residents are noncitizens, largely consisting of migrant workers from India or the Philippines. More than 85 percent of UAE citizens are Sunni Muslims and an estimated 15 percent or fewer are Shia Muslims.[ref]https://www.state.gov/wp-content/uploads/2019/05/UNITED-ARAB-E MIRATES-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] From March 2015 to February 2020, the UAE, along with Saudi Arabia, led an armed intervention against Houthi forces in Yemen. The armed conflict has created one of the world’s most devastating humanitarian crises, with 80% of the Yemeni population (more than 24 million people) now dependent on aid.[ref]https://www.unicef.org/emergencies/yemen-crisis[/ref] Thousands of Yemeni citizens have been killed in unlawful airstrikes, which have hit homes, markets, hospitals, schools, and mosques.[ref]https://www.hrw.org/world-report/2019/country-chapters/yemen#c4 3786[/ref] Constitution and Education and Family, Freedom of government children’s rights community, expression society, religious advocacy of courts and humanist values tribunals State legislation is It is illegal to Expression of core largely or entirely register an Humanist derived from explicitly principles on religious law or by Humanist, atheist, democracy, religious secularist or other freedom and authorities non-religious NGO human rights is The non-religious or other human brutally repressed are barred from rights ‘Apostasy’ or holding organization, or conversion from a government office such groups are specific religion is persecuted by outlawed and authorities punishable by death It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed It is illegal or unrecognised to identify as an atheist or as non- religious Constitution and Education and Family, Freedom of government children’s rights community, expression society, religious advocacy of courts and humanist values tribunals The non-religious Religious or Systemic religious ‘Blasphemy’ is are barred from ideological privilege results in outlawed or some government instruction is significant social criticism of offices (including mandatory in all discrimination religion (including posts reserved for or most state- Government de facto particular funded schools authorities push a ‘blasphemy’ laws) religions or sects) with no secular or socially is restricted and State legislation is humanist conservative, punishable with a partly derived alternative religiously or prison sentence from religious law ideologically or by religious inspired agenda, authorities without regard to the rights of those with progressive views Prohibitive interreligious social control (including interreligious marriage bans) Religious control over family law or legislation on moral matters It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization Legend Constitution and government The preamble to the Constitution establishes that the document is as an announcement “to Allah, the Supreme and Almighty, and to all the people”. Article 7 of the Constitution designates Islam as the official religion, and Shariah as the main source of legislation.[ref]https://www.wipo.int/edocs/lexdocs/laws/en/ae/ae030en.pdf[/ref] The Constitution establishes that: “Freedom to exercise religious worship is guaranteed”, but not non-religious views, and only “in accordance with the generally-accepted traditions provided that such freedom is consistent with the public policy or does not violate the public morals” — broad qualifications. Citizens have limited rights under the constitution to participate in elections. Education and children’s rights Islamic studies are mandatory in all public schools and for Muslim students in private schools. The government does not permit instruction in any religion other than Islam in public schools; however, religious groups may conduct religious instruction for their members at their dedicated religious facilities. Private schools found to be teaching subjects that offend Islam, defame any religion, or contravene the country’s morals and beliefs face potential penalties including closure.[ref]https://www.state.gov/wp-content/uploads/2019/05/UNITED-ARAB-E MIRATES-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] Family, community and society The government regulates activities and messaging of most Sunni mosques with the stated purpose of combating violent extremism, and requires all religious groups to adhere to general restrictions on freedom of assembly and association, including for religious purposes. Presumption of Islam and death for Apostasy All citizens of the UAE are deemed to be Muslims. Conversion to other religions (and by implication, advocacy of atheism) is forbidden and the legal punishment for conversion from Islam is death, although there have been no known prosecutions or legal punishments for apostasy in court. “The United Arab Emirates criminalizes apostasy through the incorporation of the concept of hudud crimes under Islamic Sharia’a into its Penal Code. Those crimes include adultery, apostasy, murder, theft, highway robbery that involves killing, and a false accusation of committing adultery. Article 1 of the Penal Code provides that Islamic law applies to hudud crimes, the acceptance of blood money, and homicide. In addition, article 66 states that among the “original punishments” under the law are the punishments of hudud crimes, including by imposing the death penalty. However, “there have been no known prosecutions or legal punishments for apostasy in court.”[ref]loc.gov/law/help/apostasy/index.php#uae[/ref] Sharia for everyone The judicial system applies two types of law, depending on the case. Courts apply Sharia (Islamic law) for most family law matters, e.g., marriage, divorce, and inheritance, and on rare occasions for criminal matters. Courts apply civil law, based on the French and Egyptian legal systems, for all other matters. Shia Muslims in Dubai may pursue Shia family law cases through a special Shia council rather than the regular judicial system. When Islamic law courts try non-Muslims for criminal offenses, crimes are generally not punishable by Islamic law penalties. In cases punishable by an Islamic law penalty, non-Muslims generally receive civil penalties at the discretion of the judge. Higher courts may overturn or modify Islamic law penalties imposed on non- Muslims.[ref]refworld.org/docid/53d906f53.html[/ref] Under Islamic law, Muslim men may marry non-Muslim women who are “people of the book,” generally meaning those who are either Christian or Jewish. Muslim women are not permitted to marry non-Muslim men, however. Because Islam does not consider marriage between a non-Muslim man and a Muslim woman valid, both parties to such a union are subject to arrest, trial, and imprisonment on grounds such as fornication outside of marriage, which carries a minimum of one year in jail. The law grants custody of children of non-Muslim women who do not convert to Islam to the Muslim father in the event of a divorce. By law, a non- Muslim woman who fails to convert is also ineligible for naturalization as a citizen and cannot inherit her husband’s property unless named as a beneficiary in his will. Freedom of expression, advocacy of humanist values Freedom of expression is severely restricted in the UAE. The country’s two main internet providers, both majority-owned by the government, block websites that are critical of Islam as well as websites that post on topics related to religion, including some with information on atheism or testimonies from ex- Muslims.[ref]https://www.state.gov/wp-content/uploads/2020/05/UNITED-ARAB-E MIRATES-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] The government routinely detains individuals who criticise the government or who speak out about human rights issues, often under the pretext of national security.[ref]https://english.alaraby.co.uk/english/indepth/2019/7/16/cybercrime-i n-the-uae-curtailing-freedom-of-expression[/ref] The 2012 Cybercrime Law[ref]http://ejustice.gov.ae/downloads/latest_laws/cybercrimes_5_2012_en.pdf[/ ref] gives the government the ability to monitor and arrest those who advocate for reform or criticize the government online, while the 2014 Terrorism Law[ref]https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/98658/117474/F39964 9256/LNME-FED-LAW-7-2014.pdf[/ref] permits authorities to arrest and charge anyone who “antagonises the government,” even allowing them to retain prisoners after completing their sentence for an indeterminate amount of time.[ref]http://icfuae.org.uk/sites/default/files/REPORT_Political%20Prisoners%2 0in%20the%20United%20Arab%20Emirates.pdf[/ref] Local NGOs have documented the widespread use of torture against political prisoners held in the UAE criminal justice system.[ref]https://www.ishr.ch/news/uae-united-arab-emirates-must-be-held-acco untable-torture-and-ill-treatment-human-rights[/ref] “Blasphemy” Blasphemy is prohibited under Article 312 of the Penal Code, which states: “Detention and a fine, or one of these two penalties shall be imposed upon
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