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Tricked and Trapped: Human Trafficking in the Middle East, ‎pdf 4.1 MB

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stipulat<strong>in</strong>g that employers must give annual leave to <strong>the</strong>ir workers. 32 The Law<br />

of 1962 regulat<strong>in</strong>g foreigners’ entry <strong>in</strong>to <strong>and</strong> residence <strong>in</strong> Lebanon also has<br />

several important provisions that guarantee basic rights to migrant workers,<br />

such as liberty of movement throughout <strong>the</strong> Lebanese territory. 33<br />

In <strong>the</strong> UAE, <strong>the</strong> Federal Penal Code No. 3 of 1987 <strong>in</strong>cludes several articles<br />

that penalize crimes related to traffick<strong>in</strong>g offences. These articles prohibit<br />

slavery, 34 kidnapp<strong>in</strong>gs, 35 forced labour <strong>and</strong> physical abuse, as well as<br />

endanger<strong>in</strong>g <strong>the</strong> life of a child. 36 The penal code makes forced prostitution a<br />

crim<strong>in</strong>al offence, which can lead to ten years’ imprisonment. It also lays out<br />

penalties for those establish<strong>in</strong>g <strong>and</strong> manag<strong>in</strong>g premises where prostitution<br />

takes place. 37 The Federal Labour Law No. 8 of 1980 also conta<strong>in</strong>s provisions<br />

to limit exploitative practices of employers, but falls short of deal<strong>in</strong>g with<br />

32<br />

Lebanon, Labour Code, 1946, art. 34, provides protection aga<strong>in</strong>st excessive<br />

overtime work by fix<strong>in</strong>g <strong>the</strong> maximum period of work at six consecutive hours for male<br />

employees <strong>and</strong> five consecutive work<strong>in</strong>g hours for female employees <strong>and</strong> by oblig<strong>in</strong>g<br />

<strong>the</strong> employer to grant <strong>the</strong>m an hour of rest dur<strong>in</strong>g this time. The employees must have,<br />

every 24 hours, an un<strong>in</strong>terrupted break of a period of n<strong>in</strong>e hours. Art. 36 imposes a<br />

weekly rest period of no less than 36 un<strong>in</strong>terrupted hours. Art. 39 provides an annual<br />

leave of a period of 15 days for all workers who have been employed for at least one year<br />

with<strong>in</strong> <strong>the</strong> same company or for <strong>the</strong> same employer. Art. 47 states that salaries must be<br />

paid at least once a month to <strong>the</strong> workers <strong>and</strong> twice a month to <strong>the</strong> workers.<br />

33<br />

Republic of Lebanon, Law on <strong>the</strong> entry <strong>and</strong> stay <strong>in</strong> Lebanon as well as <strong>the</strong> exit of 10<br />

July 1962, Articles 4 <strong>and</strong> 12.<br />

34<br />

UAE, Federal Penal Code No. 3, 1987, art. 346, states: “Whoever smuggles someone<br />

<strong>in</strong>to or out of <strong>the</strong> country with <strong>the</strong> <strong>in</strong>tention of tak<strong>in</strong>g possession of him or dispos<strong>in</strong>g<br />

of him, <strong>and</strong> whoever possesses, buys, sells, offers for sale, or disposes <strong>in</strong> any manner<br />

whatsoever of a person as a slave, shall be punished by a term of imprisonment.”<br />

35<br />

UAE, Federal Penal Code No. 3, 1987, art. 34, states: “Whoever illegally kidnaps,<br />

arrests, deta<strong>in</strong>s or deprives a person of his freedom, whe<strong>the</strong>r by himself or through<br />

ano<strong>the</strong>r by any means without lawful justification, shall be punished by a term of<br />

imprisonment.”<br />

36<br />

UAE, Federal Penal Code No. 3, 1987, art. 350, states: “Whoever endangers a child<br />

aged under seven years <strong>in</strong> a place <strong>in</strong>habited by people, whe<strong>the</strong>r directly by himself or<br />

<strong>in</strong>directly through o<strong>the</strong>rs, shall be punished by detention or by a f<strong>in</strong>e not exceed<strong>in</strong>g<br />

10,000 dirhams.”<br />

37<br />

UAE, Federal Penal Code No. 3, 1987, art. 364 states: “Whoever entices a male<br />

or female <strong>in</strong>to committ<strong>in</strong>g debauchery or prostitution by coercion, threat or trickery,<br />

shall be punished by imprisonment for a period not exceed<strong>in</strong>g ten years. Punishment<br />

by imprisonment for at least ten years shall be <strong>in</strong>flicted on <strong>the</strong> offender if <strong>the</strong> victim<br />

is under 18 years of age. Whoever deta<strong>in</strong>s a person aga<strong>in</strong>st his will by coercion,<br />

threat or trickery, with <strong>the</strong> <strong>in</strong>tention of forc<strong>in</strong>g him to commit any act of lewdness or<br />

prostitution, shall be sentenced to <strong>the</strong> previous penalties as <strong>the</strong> case may be.”<br />

129

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