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

2. 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.

3. 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

4. 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?

5. 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

6. Right to Collective Bargaining Right to StrikeCB
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

7. 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

9. 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,

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

12. 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..

13. 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.