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Federal Law Concerning the National Authority for Human Rights

The last update on this law was listed on 19 May 2021

Issued Date

19 May 2021

Effective Date

01 Jun 2021

Official Gazette Date

31 May 2021

Official Gazette No

703

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

We, Khalifa Bin Zayed Al Nahyan                     President of the United Arab Emirates:
– Upon reviewing the Constitution,
– Federal Law No. (1) of 1972 on the Competences of the Ministries and the Powers of the Ministers, and any amendments,
– Federal Law No. (7) of 1999 Promulgating Pensions and Social Security Law, and amendments thereof,
– Federal Law by Decree No. (11) of 2008 Concerning Human Resources in the Federal Government, and amendments thereof,
– Federal Decree by Law No. (26) of 2019 Concerning Public Finance,
– And upon the proposal of the Minister of Foreign Affairs and International Cooperation as approved by the Cabinet and the Federal National Council and as ratified by the Supreme Federal Council,
Have promulgated the following Law

Article (1) Definitions

In application of the provisions of this Law, the following words and phrases shall have the meanings assigned to each of them, unless the context requires otherwise:
State: United Arab Emirates
Government: Government of the UAE.
Authority: National Authority for Human Rights.
Board: Authority’s Board of Trustees
Chairman: Chairman of the Authority.
Deputy: Deputy of the Chairman of the Authority.
Competent Authorities: Federal and local government agencies in the State.
Competent Entities: Non-profit organisations and associations.
International Organisations: International and regional governmental and non-governmental organisations.
Secretary General: Authority’s Secretary General.
General Secretariat: Authority’s General Secretariat.

Article (2) National Authority for Human Rights

Under this law, an independent body called the “National Committee for Human Rights” shall be established, and its headquarters shall be in the capital, Abu Dhabi, and it may open branches and establish offices in other emirates.

Article (3) Independence

The Authority shall have an independent legal personality and shall enjoy financial and administrative independence in the exercise of its tasks, activities and competences. The Chairman shall represent it before courts and in its relations with third parties.

Article (4) Authority Objectives

The Authority aims to promote and protect human rights and freedoms, in accordance with the provisions of the Constitution, laws and legislation applicable in the State, and relevant international charters, covenants and agreements.

Article (5) Authority Competences

In order to achieve its objectives, the Authority shall:
1. Participate with the Competent Authorities and Entities in developing a national action plan for the promotion and protection of human rights in the State and propose a mechanism for its implementation.
2. Spread the culture of human rights and educate members of the community about it, including holding seminars, conferences and discussions related to human rights.
3. Provide proposals, recommendations and advice to the Competent Authorities and Entities in everything that would protect and promote human rights and follow up in them.
4. Contribute to the promotion and protection of human rights in the State, the promotion of equality, the elimination of all forms of racial discrimination, and follow up on the achievement of the objectives contained in international human rights charters, covenants and agreements to which the State is a party.
5. Provide proposals to the Competent Authorities on the compatibility of legislation and laws with international charters, covenants and agreements related to human rights to which the State is a party, and follow up on them.
6. Monitor any violations or abuses of human rights, ensure their authenticity and report them to the Competent Authorities.
7. Conduct field visits to penal and correctional institutions, places of detention, labour gatherings, health and educational homes, and shelters, and monitor the human rights situation there.
8. Receive and examine individual complaints related to human rights, in accordance with the standards set by the Authority, and refer what it deems fit to the Competent Authorities.
9. Follow-up and coordinate with the Competent Authorities to respond to the observations received by the State from international organisations in the field of human rights.
10. Enhance cooperation with international organisations and national human rights institutions in other countries, in particular those concerned with the rights of women, children and disabled.
11. Express opinion on national reports to be submitted by the State to international organisations concerned with human rights issues.
12. Collaborate with United Nations human rights bodies and mechanisms through reports and participations, as appropriate; and provide advice in respect with preparing national reports submitted by the State to international human rights mechanisms.
13. Participate in international and regional events concerned with human rights.
14. Issue bulletins, publications, statements and special reports related to human rights and their activities.

Article (6) Formation of Board Composition

1. The Authority shall have a Board of Trustees of no less than (11) members, including the Chairman, provided that the number of full-time members is not less than half of the members.
2. A decision by the President of the State shall determine the mechanism for selecting the members of the Authority. Members shall be from advisory and academic bodies, civil society institutions, and have technical and professional expertise, in their personal capacity, taking into account the appropriate representation of women.
3. A number of representatives of government bodies shall participate in the work of the Board and attend its meetings, without having the right to vote. Said bodies shall be determined by a decision issued by the President of the State.
4. The Board shall elect from among its members a deputy chairman to replace the Chairman in his absence.

Article (7) Conditions for Membership

A Board member must:
1. Be a citizen of the UAE.
2. Not be less than 25 years of age.
3. Be of civil capacity, of good conduct, of good reputation, and never been convicted of a felony or crime against honour or trust, even if he was rehabilitated.
4. Be competent, knowledgeable and interested in the field of human rights.

Article (8) Term of Membership

The term of membership of the Board shall be four (4) years, renewable for one time, and it shall be calculated as of the date of issuance of the Resolution. Members shall exercise their duties in their personal capacity.

Article (9) Board Meetings

1. The Board shall meet periodically at least once every three months. The Chairman may, on his own accord or at the request of the majority of members, call the Board to an extraordinary meeting at any time.
2. Board meetings shall be valid in the presence of the majority of its members, provided that the Chairman or Deputy are among the attendees. Board’s decisions shall be issued by the majority of votes of members present. In the event of parity, the Chairman shall have the casting vote.

Article (10) Board Competences

The Board shall:
1. Draw up the general policy of the authority and monitor its implementation.
2. Approve the Authority’s strategic plan and operational plan, and follow up on its implementation and results.
3. Approve the annual action plan of the Authority, activate and evaluate its activities.
4. Approve the means of developing the Authority, activating its activities, and evaluating it.
5. Study and approve the annual human rights report in the State.
6. Examine the issues and matters referred thereto by the Secretary General and take decisions on them.
7. Strengthen the Authority’s relations with similar regional and international institutions.
8. Approve the Authority’s draft annual budget and final account prior to their inclusion in the Law on Linking the General Federal Budget and the Law Approving the Unified Final Account. The Board may appoint an external auditor for the Authority.
9. Issue the regulatory decisions necessary to manage the Authority, its branches and committees.
10. Supervise the Authority’s various activities in the field of human rights.

Article (11) End and Termination of Membership

1. The membership of the council members shall end in the following cases:
    a. Expiry of membership term.
    b. Resignation.
    c. Death or disability that prevents the performance of membership tasks.
    d. Losing any of the membership conditions.
2. Membership in the Council may be terminated before the expiry of its term by virtue of a decision issued by the President of the State based on a recommendation from the Board in any of the following cases:
    a. If he violates the provisions of this Law or the regulations or resolutions issued for the implementation thereof.
    b. If he performs an act that contradicts the objectives of the Authority or that would hinder the performance of its tasks and competences.
    c. If he is absent from the meetings of the Board or committees without an excuse accepted by the Board despite being warned in writing according to the provisions of the internal regulations.
3. In all cases, if there is a vacancy in a member’s position before the end of his membership term for any reason, a replacement shall be named by a decision issued by the President of the State within two months as of the date of the Authority’s announcement of this vacancy, unless the vacancy occurs during the three months preceding the end of the membership term, and the new member shall complete the term of office of his predecessor.

Article (12) Guarantees

1. The Authority and its members shall enjoy complete independence in the exercise of its competences. A Board member may express any opinions and ideas as he desires within those competences during the meetings of the Board.
2. The Authority’s headquarters may not be inspected except by a judicial order and in the presence of a representative of the Public Prosecution, provided that the Chairman is notified of this and a representative thereof is called to attend the inspection.

Article (13) Authority’ Relationship with Competent Authorities

The Competent Authorities shall cooperate with the Authority to carry out its tasks and achieve its objectives, including providing information, data and documents requested by the Authority, and responding to the observations and recommendations contained in the Authority’s reports.

Article (14) Use of Experts

The Board may seek the assistance of experts and specialists it deems fit to perform its tasks, and the Board may call them to attend its meetings without having the right to vote.

Article (15) Board Committees

1. The Board may form, from among its members, permanent or temporary committees or work groups to study any issue related to the Authority’s competences, and said committees shall submit their reports to the Board.
2. Permanent committees shall meet at least once a month, and each committee shall be headed by a member designated by the Board.
3. Permanent and temporary committees may seek the assistance of experts and specialists to perform their tasks and call them to attend their meetings without having the right to vote.

Article (16) Authority Administration

1. The Authority shall have an administrative body consisting of organisational units, and it shall act as its executive body.
2. The Authority shall have a Secretary General with the rank of Undersecretary from among persons known for their competence, integrity, and independence, and he shall meet the same conditions as a member of the Board. The Secretary General shall be appointed by a decision issued by the President of the State.
3. The administrative body shall have a sufficient number of consultants, experts, researchers, managers and other workers in the General Secretariat, and they shall be appointed by a decision issued by the Chairman upon a recommendation from the Secretary General.

Article (17) Secretary General’s Competences

The Secretary General shall undertake the executive work of the Authority and answers directly to the Chairman. He shall in particular:
1. Assume general supervision of the administrative body, personnel affairs, financial and administrative affairs of the Authority.
2. Attend board and committee meetings and follow up on their work without having the right to vote on their decisions.
3. The Secretary General may authorise in writing whoever he deems from among the employees of the administrative body to carry out some of his tasks and competences.

Article (18) Financial Entitlements

1. The remuneration of full-time and part-time members of the Board and their financial entitlements, including the Chairman, shall be determined by a decision issued by the President of the State.
2. The human and financial resources systems applied in the Authority shall determine the financial entitlements of its employees.
3. All citizens of the State who work in the Authority shall be subject to the provisions of Federal Law No. (7) of 1999 Promulgating Pensions and Social Security Law, and its amendments.

Article (19) Authority’s Budget

The Authority shall have an independent budget that includes its revenues and expenses, and it shall be included in the Law on Linking the Linking the Annual General Federal Budget. The fiscal year shall start and end with the beginning and end of the State’s fiscal year. The first fiscal year shall start as of the date on which this Law enters into force until the end of the State’s fiscal year.

Article (20) Authority’s Resources

Subject to the independence of the Authority, the Authority shall have the appropriate financial resources that enable it to carry out its work. These resources shall consist of the following:
1. The annual appropriations allocated by the State to the Authority in the general budget.
2. Gifts, donations, grants, bequests and endowments that are provided by parties within the State and approved by the Board.
3. Other revenues generated by the Authority from the practice of its activities.

Article (21) Annual Report

The Authority shall prepare an annual report on its efforts and activities, provided that the report includes a section on the human rights situation in the State, and any proposals and recommendations deemed fit by the Authority to enhance, protect and advance human rights. The report shall be submitted to the President of the State, the Cabinet, and the Federal National Council.

Article (22) Internal Regulations of the Authority

The Authority shall set its own organisational structure and internal regulations, including the organisation of its general secretariat, personnel affairs, financial and administrative affairs, and they shall be issued by a decision issued by the Board.

Article (23) Disclosure of Information

Members and employees of the Authority are prohibited from disclosing any of the information or data that they obtained or viewed by virtue of their work. Such prohibition shall remain in place even after the expiry of membership or service.

Article (24) Law Publication and Enforcement

This Law shall be published in the Official Gazette and shall enter into force as of the day following the date of its publication.

Translated in cooperation with