Freedom of Association and Collective Bargaining GCC Leadership Summit 08 18 June 2008 Dubai, UAE

That no distinction are made among Freedom of Association and Protection of the Right Organize Convention, 1948 (C.87) That no distinction are made among those entitled to the right of association That there is no need for previous authorization to establish organizations That there is freedom of choice with regard to membership of such organizations Freedom of Association can only be exercised fully if the environment is free from any form of violence and there is a genuine respect and honor of human rights and civil liberties.  

Right to Organize and Collective Bargaining Convention, 1949 (C.98) Protection of workers against acts of anti-union discrimination from employers Protection of workers’ and employers’ organizations against acts of interference by each other Promotion of collective bargaining All workers are covered (with exceptions) No distinction based on grounds of occupation, sex, color, race, religion, age, residence, marital status, nationality, political opinion

ILO Conventions & Labor Laws Bahrain ✗ ✔ 2002 Kuwait ✔ ✔ 1993 Oman ✔ 2006 Qatar ✔ 2005 Saudi Arabia ✔ 2007 United Arab Emirates Only Kuwait has ratified ILO Conventions 87 and 98. However, many countries enacted their respective labor laws in the last 3 years. This is an encouraging developments. However, the question is whether these labor laws are in accordance to the international standards? Are these labor laws covered the migrant workers which comprise the majority of the work force in the GCC?

Right to Organize Laws Union Requirements Not covered Bahrain YES GFBTU Public sector Kuwait KTUF 100 workers with 15 nationals Domestic workers Maritime workers Migrant workers >5y Oman GFSO 25 workers Qatar No union Public Sector Foreign workers Saudi Arabia NO, only Workers Cte United Arab Emirates NO Where workers are allowed to join trade unions, actual freedom to form unions are restricted and coverage are limited. Public sector, domestic workers and foreign workers are excluded, if not, imposing stiff requirements. In Kuwait, private sector are allowed to form unions but it remains unorganized. In countries where unions exist, there is still no full freedom of association as all unions have to belong to a single trade union federation. There are also encouraging developments. In Bahrain and Oman, they issued a decree prohibiting dismissal due to trade union activities. In Bahrain, GFBTU is very much involved tripartite dialogues and they can freely conduct union activities without government interference. GFBTU is affiliated with the international trade union movement and sits in the Governing Board of the ILO. Right to Organize

Right to Collective Bargaining Right to Strike CB Strike Restriction Notice Bahrain Yes, 2007 Yes 3/4 vote 2 weeks Kuwait Yes with restriction only for private sector Oman Yes, 2006 Absolute majority needed 3 weeks Qatar Yes, limited limited Saudi Arabia NO United Arab Emirates Migrants are banned Wages and working condition are set by law or individual contract (e.g. Oman). In UAE, the government cannot ask the employers to raise wages. Collective bargaining is allowed but with restrictions. In Kuwait, collective bargaining is rarely practiced. These laws are not in accor Right to strike is stipulated in the labor laws of 4 countries but with a lot of restrictions on strike decision, notice of strike and who can go on strike. In UAE, the government recently banned migrant workers to join strikes and in Bahrain, strikes and demonstrations are not allowed in large number of sectors. Convention 87 states that the right to strike is a legitimate weapon of trade unions in the furtherance of their membership interest. The following prerequisites to strike are not acceptable: decision by over half of all the workers involved; a quorum requirement of 2/3; compulsory arbitration before calling a strike. Comparing these laws with the ILO standard, Site provision of the convention Strike CB Do they really have that right? However, despite the restrictions and the ban, an increasing number of work stoppage, demonstrations or strike were recorded due to non-payment or delayed wages as well as hazardous working conditions Right to Collective Bargaining Right to Strike

Migrant Workers % to WF Can join unions? Covered by Labor Laws Bahrain 60% YES Kuwait 80% YES (5) Oman 50% Qatar 75% NO Saudi Arabia United Arab Emirates 85% Migrant workers comprise the majority of the work force. Migrant workers constitute the most vulnerable group in the gulf region. Many of them do not dare to join trade union or take part in collective action for fear of dismissal, detention and deportation. 6D -- Migrant workers are not covered by the labor code. ….. FOA should take into consideration th emigrant workers…. Numerous migrant workers were arrested for joining demonstration; three nepali workers were deported after protesting for long working hours and unpaid overtime pay. Qatar: 2006 – 1500Nepali CW in Mar and 2000 CW in Nov due to non-payment of wages / bad working condition/ long working hours Bahrain: created a labor market regulatory authority Sponsor system (Kuwait UAE: 2006: bill adopted banning migrant workers from striking – this decision followed a major social unrest in the construction sector Strikes and demonstration occurred almost daily due to non-payment of wages and hazardous working condition Establised bodies -- to received complaints for back pay Strikes – 8000

Situation of Migrant Workers False promised on salaries fraudulent recruitment breach of contract, non payment or delayed payments of wages, hazardous working condition poor living condition,

Situation of Migrant Workers sponsor system passport confiscation ban to join strike & demonstration not covered by labor laws and social protection

Positive Steps: Prohibits dismissal for union activities (Bahrain/Oman) Monitoring on wage payments (bank accounts & fines for non-payments (UAE) Set-up mobile dormitories & health care (UAE) Confiscation of passport is now illegal (UAE) Framework of collaboration with India and Philippines (UAE, Qatar & Kuwait) Tentative steps towards trade union rights in Oman and positive developments in Bahrain and UAE.. However, these positive developments were overshadowed by severe restrictions, outright bans on union activities as well as virtual control on the single official trade union. Should align to international standards /….. Ratification….ILO… step by step process to ratify ILO conventions 87 and 98 and reform South Korean labour laws and systems to conform fully with the ILO principles of freedom of association. Gcc – trying to showinternatl community / labor stadards esp migrants….. But not really Challenge to trdade union --- address the issues of migrats..

Recommnedation Freedom of Association and the Right to Collective Bargaining remain absent, if not limited and restrictive Ratify ILO Conventions 87 and 98 Amend Labor Laws to make it responsive and in accordance to the International Standards Bahrain – mixed How are they approach the problem? Labor standards……. The issue is to empowers the workers to negotite and dialogue Welcome the positive steps….. The government has the role ---- minimum standard / safety net --- for all workers including migrants (…….. Level playing field ---- negotiate and dilogue History..if wprkers do not have a venue to raise their issue… extreme measure…. Problems The best solution – is to recognise the workers and negotiate…. Ratify Consult union Tripartite Etc… The South Korean government should amend the labour laws in line with ILO Committee of Freedom of Association recommendations calling to limit the scope of essential services in a strict term and ensure the right to strike of these workers.