Introduction:
In accordance with Federal Decree-Law No. 34 of 2023 on Combating Discrimination, Hatred, and Extremism, the UAE implemented a legal structure. The purpose of this Law is to combat and minimize cases of hate crimes and discrimination against people on the basis of their gender, race, religion, and colour. Further, the law describes the procedures for reporting such incidents and offers a comprehensive guide on the reporting requirements of this Law.
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.
In addition to that, 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. Additionally, Article 5 stipulates that the imprisonment period and fines may be increased in accordance with the intensity of the offence, as defined 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.
Individuals who report acts of discrimination or hate crimes before they arise may be excluded from punishment if the information they provide helps to the detection or prevention of the crime as stated in Article 22 of the aforementioned law.
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.
Intense Circumstances
Crimes committed by public servants, religious leaders, or in places of worship are considered aggravating circumstances under Article 9. These conditions may result in increased 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. The court may impose travel bans, surveillance, and residence restrictions under Article 19. Those who violate these policies may be imprisoned.
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.
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