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Fundamental labor rights and freedoms in the business sector in light of the UN Global Compact principles “From text to implementation in the GCC Countries”. First Regional Conference On Corporate Social Responsibility in the Middle East Istanbul- Turkey 19-20 June 2013 . - PowerPoint PPT PresentationTRANSCRIPT
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Fundamental labor rights and freedoms in the business sector in light of the UN Global Compact principles
“From text to implementation in the GCC Countries”
First Regional Conference On Corporate Social Responsibility in the Middle East
Istanbul- Turkey 19-20 June 2013
Mohamad Arfan Alkhatib, Ph.D.Associate Professor of Law
Ahmad Bin Mohammad CollegeDoha – Qatar
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Outline
Fast Reminder of the UN Global Compact Principles
Main Features of the GCC Labor Markets
Compliance of GCC Countries with the UN Global Compact and CSR Principles
Case Studies from KSA and Qatar.
Findings and Recommendations.
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The UN Global Compact: The Ten Principles
• Principle 1-2
Human Rights
• Principle 3-6
Labor• Principle 7-
9
Environment
• Principle 10
:
Anti-Corruption
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The UN Global Compact: The Pillars
The Universal Declaration of Human Rights
The International Labor
Organization's Declaration on Fundamental Principles and Rights at Work
The Rio Declaration on Environment
and Development
The United Nations Convention Against
Corruption
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Particularity of GCC Countries labor market
Particularity in population
Particularity in employment
Particularity in funds
The high pace of economic development in GCC Countries, and the lack of national HR led to a dominant non-national HR on the employers (corporates) as well as on the employees (imported labor) levels.
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1990
1995
2000
2005
2006
2007
2008
2009
2010
2011
0 5 10 15 20 25 30 35 40 45 50
21
26
30
34
35
39
42
43
44
46
Population growth in the (GCC) Countries 2011 (total by year and million)
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Saudi Arabia
Oman Bahrain Qatar Kuwait United Arab Emirates
Total0
10
20
30
40
50
60
70
80
27.0531.4
40.25
76.83
66.97
79.3
39.18
72.9568.6
61.89
23.17
33.03
20.7
60.82
Percentage of foreigners to citizens in the GCC Countries
Ratio of to foreigners % Ratio of citizens %
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Saudi Arabia
Oman Bahrain Qatar Kuwait United Arab
Emirates
Total0
10
20
30
40
50
60
70
80
90
100
51.03
74.54 75.78
62.25
82.291.62
66.5
48.97
25.46 24.22
37.75
17.88.38
33.47
National to non-national employment rate In the GCC Countries
Non-national employment rate National employment rate (%)
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Imported labor... but,,,
Low cost labor Non-selective Unskilled Massive Temporary Illiterate Physical nature Difficult duties Domestic work…
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The UN Global Compact Human worker = Human dignity
The Universal Declaration of Human Rights 1948
• First Optional Protocol 1966• Second Optional Protocol 1989
International Covenant on Civil and Political Rights 1966
• Optional Protocol 2008
International Covenant on Economic, Social and Cultural Rights 1966
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Role of Corporates(GCC) Countries
All national and international corporates operates in accordance with national laws and legislations of these countries or dual conventions.
In terms of universality of human rights, multinational companies (especially oil companies) do face several cases of legal duplication.
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Worker human = Professional dignityILO Declaration on Fundamental Principles and Rights at Work 1998
Freedom of association and the effective recognition of the right to collective bargaining.
C87, 1948.
C98, 1949.
Elimination of all forms of forced or compulsory labor.
C29, 1930.
C105, 1957.
Effective abolition of child labour.C138, 1973.
C182, 1999.
Elimination of discrimination in respect of employment and occupation
C100, 1951.
C111, 1958.
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Worker human = Professional dignityILO Declaration on Fundamental Principles and Rights at Work 1998
Freedom of association and the effective recognition
of the right to collective
bargaining.
Elimination of all forms of forced or compulsory labor.
Effective abolition of child labor.
Elimination of discrimination in
respect of employment and
occupation
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0
1
2
3
4
5
6
7
88
1 1
6 6
2
5 5
6
GCC Countries ratifications of the ILO Declaration on Fundamental Principles and Rights at Work of 1998
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• ALO C2 1967 concerning labor mobility and ALO C4 1975 for the same subject “modified”.
• Countries exporting the labor did ratify them while non of the countries importing labor did ratify these conventions.• Exporting countries ratified.• Importing countries (GCC) did not.
Arabic labor situation is not better
Elimination of discrimination in respect of employment and occupationC111 Discrimination (Employment and Occupation) Convention, 1958
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Public Sector Private Sector0
500
1000
1500
2000
2500
3000
3500
2414
1587
3205
568
Average of Salaries ($) in Bahrain 2011 by sector and by national-ity
CitizensForeigners
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Case Study (1): CSR Situation Across KSAA Study Conducted in 2009 by The National
Commercial Bank - YouGovSiraj
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Basic education for children
Human rights support Rehabilitation of divorced Saudi women
48
50
52
54
56
58
60
62
61
55
53
Which of the following social causesare the most important for the benefit of the Saudi
society ? (%)
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0
10
20
30
40
50
60
70 6157
34 31
CSR Revenue on Corporates (%)
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Case Study (2): CSR IN QATARGAS
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Diversity and Equal Opportunity
No difference is applied on the basis of gender, age or origin.
Salary grades and basic salaries, including minimum amount paid, are the same for male and female employees.
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Findings and Recommendations
• GCC Countries are dealing with all issues of fundamental rights and freedoms at work in order to fully comply with the international labor laws and standards. Several challenges are being faced
• Corporates, especially multinational, are to comply with international standards, and not to invoke national laws to evade respect.
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Findings and Recommendations (2)
• Business institutions, especially multinational, may form , as part of their social responsibility, effective units to promote CSR principles and practices in their hosting countries.
• GCC governments are urged to finalize the ratification of all international conventions related to civil, political and socio-economic rights.
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