Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
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
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- 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.