The shocking case of Marte Dalelv shows why we should be boycotting Dubai

The handling of rape cases is just one reason why we should be using our economic leverage to force Dubai to clean up its act.

If there's one positive message to come out of the shocking case of Marte Dalelv, the Norwegian woman sentenced to prison in Dubai for the crime of unlawful sex with her alleged rapist, it's the speed with which she was pardoned once the story became an international scandal at the weekend. That happy outcome is largely due to her own courage in speaking out and to the worldwide storm of protest her case unleashed. Strong if belated criticism from the Norwegian government may also have played its part. With thousands of people signing petitions and threatening to boycott Dubai, her treatment threatened to wreck the state's carefully-tended and commercially vital reputation as one of the more open and progressive places in the Middle East. The authorities were shamed into doing the right thing. Dalelv's release proves that pressure works.

Others have been much less fortunate. Australian Alicia Gali, for example, who reported being brutally raped while working at a hotel in the Unite Arab Emirates 2008, spent eight months in a fetid and overcrowded jail cell after (she says) being tricked into signing a confession. She has since been diagnosed with post traumatic stress disorder. 

The circumstances of Gali's reported rape were chillingly similar to that of Marte Dalelv. Both women were assaulted by co-workers; both received limited help, at best, from their employers. But there was one crucial difference. Throughout her ordeal, there was no publicity in Gali's native Australia, nor anywhere else. Her mother has claimed that the Australian government "actively tried to suppress the story". Certainly the family was "strongly advised" not to alert the media to what had happened. As a result, Gali was left to languish in jail, at horrendous cost to her mental and physical health.

Such cases are far from unique in a state whose legal system embodies attitudes to women that are aggressively medieval. When a British woman celebrating her engagement reported being raped in a hotel toilet early in 2010, the only people to be arrested were her and her fiancé. Charges of drinking and unlawful sex were only dropped after she withdrew her testimony. In an interview on her return to the UK, she described her interrogation at the hands of five "sniggering" male police officers who seemed interested only in quizzing her about her preferred sexual positions. Nor are unsuspecting Westerners the only victims: in 2010, for example, a court in neighbouring Abu Dhabi jailed an 18 year old Emirati national who had reported being gang-raped by six men, one of them a police officer.  

The law in Dubai, which is part of the United Arab Emirites, puts rape complainants in an invidious position. Proving rape is virtually impossible: it requires either a confession or, even more improbably, the testimony of four male witnesses to establish guilt. And premarital sex is a criminal offence. As a US State Department report into the UAE's human rights record released last year noted, any woman who reports a rape runs the very real risk of being charged herself with unlawful sex. Knowing this, and fearing family dishonour if they are publicly identified as "impure", Emirati victims of sexual assault rarely bother to report it. The report also highlighted a particular problem of foreign domestic workers being raped or assaulted with impunity by their employers. 

However welcome Marte Dalelv's release, in itself it changes nothing. As Rori Donaghy of the London-based Emirates Centre for Human Rights pust it, "Until laws are reformed victims of sexual violence in the UAE will continue to suffer in this way and we will likely see more cases such as this one."

But how are such things possible in a sun-drenched and hyper-modern resort of the rich and powerful, home to some of the world's tallest buildings and swankiest hotels, an international business hub described by its tourist board as "the dynamic nucleus of the Arabian Gulf region". It's not enough to answer, as many do, that beneath the skyscrapers and swanky hotels Dubai remains at heart a conservative Muslim state. The territory prides itself on its cosmopolitan ethos, its relative liberalism and the freedoms it offers women, at least when compared with nearby Saudi Arabia. It also claims to take human rights seriously. And there is, or should be, no contradiction between Islamic values and basic standards of justice when it comes to the investigation and punishment of serious sexual assault. 

The legal jeopardy facing rape victims is only one of the questions over Dubai's human rights record. Many Western tourists, as well as professionals lured by Dubai's high wages and almost nonexistent taxes, have fallen foul of the state's strict, if erratically enforced, bans on alcohol or public displays of affection (one British couple found themselves jailed for a month for the "crime" of kissing in a restaurant). 

If such things are potentially off-putting to tourists, there are more serious concerns. Political liberties in Dubai erratic at best.  The State Department report (pdf) singled out arbitrary arrests, the use of incommunicado detention, restrictions on freedom of speech and assembly and citizens' inability to change their government as major issues. Dubai's prisons were said to be the worst in the Emirates and there were widespread and convincing claims of police brutality, including torture. LGBT inmates - as in most of the Middle East, homosexuality is illegal in the UAE - were said to face "severe mistreatment including physical abuse and rape." 

Non-citizens, especially non-Westerners, face particular discrimination. Dubai's glittering skyline was built by the labour of migrant workers lured on a promise of riches and then underpaid and housed in conditions that have been unfavourably compared to slave labour camps. The long-running scandal must rank as one of the world's worst legal human trafficking operations 

All this, of course, is sharply at odds with the image that Dubai wishes to present to the world - an image on which its economy largely relies. The state's ruler, Sheikh Mohammed al-Maktoum, is a close friend of Prince Charles and is often to be found exercising his horses on England's most prestigious racecourses. Dubai rolls out the red carpet for the world's celebrities - Brad Pitt and David Beckham are among those lured to rent apartments on the luxury development dubbed Palm Island - and serves as a lynchpin of the global travel industry, as well as offering headquarters to numerous businesses.

It needs them. Dubai's dependence on international goodwill was starkly demonstrated after the banking crisis of 2008, when a sudden drying up of income almost led to the emirate's bankruptcy: only subventions from its oil-rich neighbour Abu Dhabi saved it. The economy has recovered and is now powering ahead, but nervousness remains. These factors ought to make Dubai more amenable to international pressure than China or Saudia Arabia. It might be a pleasant place to work or play, with world-class facilities and a lovely climate, but no-one needs to go there. Businesses can do their business somewhere else.

Perhaps it's time for companies and individuals to exert their economic leverage and force Dubai to clean up its act. There must be no more Marte Dalelvs.

Editor's note: This article was amended on 13 August 2013 to reflect the fact that Alicia Gali was working in Fujairah, rather than Dubai.  

Marte Dalelv after her receiving pardon on 22 July. Photograph: Getty Images
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The failed French presidential candidates who refuse to endorse Emmanuel Macron

While the candidates of the main left and right parties have endorsed the centrist from nowhere, others have held back. 

And breathe.

At 8pm on Sunday night France, Europe, and much of the West let out a huge sigh of relief. After over a month of uncertainty, scandals, rebounds, debates and late surges, the results of the first round of the French Presidential Election was as predicted: Emmanuel Macron (24 per cent) will face off against Marine Le Pen (21 per cent) in the second round of the election on the 7 May.

While polls have been predicting this face-off for a while, the shocks of Brexit and the election of Donald Trump had thrown polling predictions into doubt. But France has a good track record when it comes to polling, and their surveys are considered some of the most reliable in the world. The irony is that this uncertainty has meant that the polls have never been so central to a campaign, and the role of polling in democracies has been a hot topic of debate during the election.

The biggest surprise in many ways was that there were no surprises. If there was a surprise, it was a good one: participation was higher than expected: close to 80 per cent – on par with the Presidential Elections of 2012 – whereas there were concerns it would be as low as 70 per cent. Higher participation is normally a bad sign for the extremes, who have highly motivated voters but a limited base, and who often do better in elections when participation is low. Instead, it boosts the traditional parties, but here instead of the traditional right-wing Republican (Fillon is at 20 per cent) or Socialist parties (Hamon at 6 per cent), it was in fact the centre, with Emmanuel Macron, who benefited.

So France has so far not succumbed to the populist wave that has been engulfing the West. The contagion seemed to be spreading when the Italian Prime Minister Matteo Renzi lost a referendum on reforming the constitution, but the fightback started in Austria which rejected the far-right candidate Norbert Hofer in its Presidential election and voted for the pro-European, former-Green independent candidate Alexander Van der Bellen. Those hopes now rest on the shoulders of Macron. After having dubbed Angela Merkel the leader of the free world during his farewell tour of Europe, Barack Obama gave his personal blessing to Macron last week.

Many wondered what impact Thursday night’s shooting on the Champs-Elysées would have. Would it be a boon for Marine Le Pen’s anti-immigration platform? Or even right-wing François Fillon’s more traditional law and order approach? In the end the effect seems to have been minimal.

In the second round, Macron is currently predicted to beat Marine Le Pen by more than 60 per cent of the vote. But how does Le Pen almost double her vote in the second round, from around 20 per cent to close to 40 per cent? The "Republican Front" that saw her father off back in 2002, when he received only 18 per cent of the vote, has so far held at the level of the two traditional political parties. Both Hamon and Fillon have called to vote for Macron in the second round to stop the Front National - Hamon put it nicely when he said he could tell the difference between political opponents, and opponents of the Republic.

But not everyone is toing the line. Sens Commun, the anti-gay marriage group that has supported Fillon through thick and thin, said that it will not call to vote for either party – a thinly veiled invitation to vote for Le Pen. And Nicolas Dupont-Aignan, a conservative, Catholic and anti-EU right wing candidate, whose 5 per cent is the reason Fillon didn’t make it to the second round, has also abstained from calling to vote for either. It is within this electorate that Le Pen will look to increase her vote.

The other candidate who didn’t call to vote for anyone was Jean-Luc Mélenchon, who fell back on a demagogic position of saying he would follow the wishes of his supporters after having consulted them. But as a spokesperson for the FN pointed out, there are remarkable congruities between their respective platforms, which can be categorised as a populism of the left and a populism of the right.

They in particular converge over the question of Europe. Aping Brexit, both want to go to Brussels to argue for reform, and if none is forthcoming put membership of the Eurozone to the electorate. While Le Pen’s anti-Europeanism is patent, Mélenchon’s position is both disingenuous and dangerous. His Plan A, as he puts it, is to attempt reform at the European level. But he knows fine well that his demands, which include revoking the independence of the European Central Bank and putting an end to austerity (the ECB, through its massive programme of quantitative easing, has already been trying to stimulate growth) will not be met. So he reverts to his Plan B, which is to leave the European Treatises and refound Europe on a new basis with like-minded members.

Who those members might be he hasn’t specified, nor has he explained how he would leave the EU - at least Le Pen had the decency to say she would put it to a referendum. Leaving the European Treatise has been in his programme from the beginning, and seems to be the real object of his desires. Nonetheless, having set himself up as the anti-Le Pen candidate, most of his supporters will vote for Macron. Others will abstain, and abstention will only help Le Pen. We’ve been here before, and the last thing we need now is complacency.

 

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