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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After Article 50 is triggered, what happens next?

The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On 31 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.