The UN Global Compact - The Protection Project

Report
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 College
Doha – Qatar
[email protected]
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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
Labor
• Principle 12
• Principle 79
• Principle 36
Human Rights
AntiCorruption
• Principle
10:
Environment
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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 funds
Particularity in
employment
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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Population growth in the (GCC) Countries 2011
(total by year and million)
46
2011
44
2010
43
2009
42
2008
39
2007
35
2006
34
2005
30
2000
26
1995
21
1990
0
5
10
15
20
25
30
35
40
45
50
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Percentage of foreigners to citizens in the GCC Countries
80
72.95
68.6
70
79.3
76.83
66.97
61.89
60.82
60
50
40.25
40
30
39.18
33.03
31.4
27.05
23.17
20.7
20
10
0
Saudi
Arabia
Oman
Bahrain
Ratio of to foreigners %
Qatar
Kuwait
Ratio of citizens %
United
Arab
Emirates
Total
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National to non-national employment rate
In the GCC Countries
100
91.62
90
82.2
74.54
80
75.78
70
60
66.5
62.25
51.03
48.97
50
37.75
40
25.46
30
33.47
24.22
17.8
20
8.38
10
0
Saudi
Arabia
Oman
Bahrain
Non-national employment rate
Qatar
Kuwait
National employment rate (%)
United
Arab
Emirates
Total
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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
International Covenant on Civil and Political
Rights 1966
• First Optional Protocol 1966
• Second Optional Protocol 1989
International Covenant on Economic, Social and
Cultural Rights 1966
• Optional Protocol 2008
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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 dignity
ILO 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
compulsory labor.
forms
of
forced
or
C87, 1948.
C98, 1949.
C29, 1930.
C105, 1957.
C138, 1973.
Effective abolition of child labour.
C182, 1999.
Elimination of discrimination in respect of
employment and occupation
C100, 1951.
C111, 1958.
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Worker human = Professional dignity
ILO 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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GCC Countries ratifications of the ILO Declaration on Fundamental
Principles and Rights at Work of 1998
8
8
7
6
6
6
6
5
5
5
4
3
2
2
1
1
1
0
Total number
C87 Freedom
of Association
and Protection
of the Right to
Organise
Convention,
1948
C98 Right to
Organise and
Collective
Bargaining
Convention,
1949
C29 Forced
Labour
Convention,
1930
C105 Abolition C100 Equal
of Forced
Remuneration
Labour
Convention,
Convention,
1951
1957
C111
Discrimination
(Employment
and
Occupation)
Convention,
1958
C138
Minimum Age
Convention,
1973
C182 Worst
Forms of Child
Labour
Convention,
1999
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Elimination of discrimination in respect of employment and occupation
C111 Discrimination (Employment and Occupation) Convention, 1958
Arabic labor situation is not better
• 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.
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Average of Salaries ($) in Bahrain 2011 by sector and by
nationality
3205
3500
3000
2414
Citizens
2500
Foreigners
1587
2000
1500
568
1000
500
0
Public Sector
Private Sector
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Case Study (1): CSR Situation Across KSA
A Study Conducted in 2009 by The National
Commercial Bank - YouGovSiraj
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Which of the following social causes
are the most important for the benefit of the Saudi
society ? (%)
61
62
60
58
55
56
53
54
52
50
48
Basic education for
children
Human rights support
Rehabilitation of
divorced Saudi women
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CSR Revenue on Corporates (%)
70
61
57
60
50
34
40
31
30
20
10
0
Are considered to
exhibit good
business ethics
Are trusted by
people who deal
with them
Are perceived to
be fair in
rewarding
employees
Do not
discriminate
between
employees based
on nationality /
gender
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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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Thank you for listening
[email protected]
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