In the United Arab Emirates, freedom of expression remains more a constitutional illusion than a lived reality. Art. 30 of the UAE Constitution nominally guarantees every citizen the right to express their opinions “verbally, in writing, or by any other medium”. Yet, this right is narrowed by legal caveats that allow broad state control over speech and criminalize dissent. In practice, criticism against the country or the ruling families is often met with harsh reprisals.
The UAE Constitution was first published in 1971, following the formation of the federation, and includes provisions on governance, rights, and responsibilities of citizens. While it affirms certain rights – including freedom of expression, equality before the law, and protection of personal liberty – these guarantees are frequently undermined by vague statutory limitations.
In particular, the right to freedom of expression has been further eroded by repeated amendments to the Federal Law (Penal Code) which have expanded the scope of punishable speech and blur the line between legitimate critique and criminal offense. Articles 183 and 184 of the law exemplify this trend: Article 183 mandates 15 to 25 years in prison for insulting the President, while Article 184 imposes up to 5 years and a hefty fine for insulting the state, its institutions, or national symbols. Additionally, Article 9 of the same code clarifies that any crime committed against the President shall be treated equally if committed against the Vice President, members of the Federal Supreme Council, or their Crown Princes and Deputies. Together, these provisions not only violate a basic human right but also establish a legal shield around the country’s leadership, making it nearly impossible to hold officials accountable or engage in meaningful political critique.
Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrime further entrenches state control over speech. Indeed, Article 43 not only criminalizes insults online, but also treats those directed at public officials as an aggravated offense, triggering harsher punishment.
Such restrictive laws have not remained abstract; they have been repeatedly used to justify the prosecution of Emirati citizens exercising their right to free expression.
The UAE Five, a group of UAE activists arrested in 2011 for allegedly insulting top officials, received global attention due to the political nature of their prosecution and the harsh penalties they faced for peaceful online expression. Among those arrested was Ahmed Mansoor, Emirati blogger and activist. Although pardoned later that same year, Mansoor’s reprieve was short-lived: in 2017, he was again arrested and sentenced to 15 years in prison for allegedly spreading false and harmful information about the state.
The UAE94 was a mass trial in 2012 which led to the prosecution and sentencing of 94 Emirati activists for the peaceful exercise of their rights to freedom of expression and association. More than a decade later, after most had completed their sentences, the government re-accused several UAE94 members of alleged ties to terrorist organizations, leading to their renewed detention. This resurgence of charges – despite clear lack of evidence and multiple constitutional breaches – reflects a broader strategy of perpetual silencing, where legal mechanisms are repurposed to ensure that dissenting voices remain behind bars long after their original convictions have expired.
The UAE’s constitutional architecture, cloaked in promises of freedom, functions less as a safeguard of rights and more as an instrument of repression. Through vague laws, sweeping cybercrime provisions, and politically motivated prosecutions, the state has constructed a system where dissent is not only discouraged but criminalized – in clear violation of Article 19 of the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights, which the UAE still refuses to ratify. The cases of the UAE Five, Ahmed Mansoor, and the UAE94 illustrate a persistent pattern: those who speak out are silenced, not once but repeatedly, ensuring that the illusion of stability is maintained through the reality of fear.
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This post was originally published on Americans for Democracy & Human Rights in Bahrain.