No spring yet for Arab trade unions!
August 26, 2012 Leave a comment
Syed Zafar Mehdi
On January 5, 2008, protests erupted in the southern region of Gafsa in Tunisia after the state-owned Phosphate Company announced the results of the recruitment competition, which was widely seen as fraudulent and rigged. The unlucky candidates who failed to secure employment at the factory as well as the representatives from the national labour union, the Union Generale des Travailleurs Tunisiens (UGTT) claimed that the firm’s selection process was opaque and nepotistic. The demonstrations rapidly spread to include local residents, who protested against unemployment, poverty, increased living costs and corruption, as well as the relatives of miners injured or killed while working at the company. As the protests continued, the government brutally cracked down, leading to the death of two protestors and the imprisonment and torture of 300 others. The families of activists reported harassment by the authorities.
Tunisia is one of the countries with abysmal record of labour rights, but the Gafsa protests are indicative of restrictions on labor organisations throughout the region. In fact some Middle Eastern countries do not even have formal labour rights such as the right to strike or form unions. While the Middle East is not unique in its suppression of workers’ rights, the region’s robust authoritarian regimes make restrictions on labor organization particularly severe by comparison to other regions.
Limitations on right to protest
The history of trade unions is a history of struggles for greater social justice and against dictatorship, both in societies and at the workplace. Often accused by their opponents of being unreasonable, unable to understand economics, and dinosaurs of the industrial past, there can
be no doubt in retrospect that in most battles trade unions have been on the right side of history. While business has unhesitatingly engaged with dictatorships around the world in its pursuit of profit, trade unions were and are at the forefront of bringing about democratic change in many countries. The right to strike, a minimum wage, the eight-hour working day, paid vacations, social security – all are milestones in the long struggle of trade unions for social justice.
Notwithstanding a spate of trade reforms initiated by International Labour Organisation (ILO) in recent years, the full realisation of union rights in Middle East countries still remains a far-fetched dream. This region has earned the dubious distinction of being a part of world where
exercising the trade union rights amounts to fiddling with danger. In certain sectors, like oil industry in Iraq and construction industry in Bahrain, workers regularly complain of harassment and mistreatment. There have been many instances where governments have attempted to interfere in the trade union affairs. In countries like Lebanon, Iraq, Israel, Palestine, the political tensions have severely hampered the trade activities.
A common phenomenon with all these countries has been the limitations on freedom of association and the disparity between practices and ratified ILO conventions. As a result, the freedom to bargain collectively and right to protest is both severely restricted.
One group of countries, the wealthy, oil-rich monarchies of the Gulf, has significantly improved de jure labor standards for citizens — although de facto standards remain low and foreign guest workers continue to face poor job insecurity and poor working conditions. The lower income countries in the region have also marginally improved de jure labour standards but have simultaneously increased flexibility by loosening restrictions on hiring and firing conditions.
Among the oil-poor countries, the non-oil monarchies are more tolerant of labor activism, and single-party authoritarian systems, which grant labor fewer rights. Thus, the Middle East encompasses three broad sub-regional groupings with different responses to labour standards and flexibility – the oil monarchies, non-oil monarchies and the single party regimes.
As the Gulf countries became wealthier in the 1970s and early 1980s, their citizens became inured to the benefits of oil rents and reluctant to engage in blue-collar labour. Instead, low-wage workers were imported first from the poorer Arab countries and then increasingly from South and Southeast Asia. These workers were generally denied the protection of the labour laws – if not officially, then by the use of temporary work contracts. In addition, their passports were often
confiscated by employers upon entry into the country and returned only if they were dismissed or when they had completed their contracts. Since the 1980s, human rights organizations around the world have routinely castigated the Gulf regimes for the widespread and systematic abuse of migrant labor.
Arab spring and its aftermath
The Arab spring that swept the region recently affected almost all the countries. Many regimes crumbled and many autocratic leaders were upstaged. The end of repressive dictatorship in Tunisia and Egypt meant that the new dispensation recognised the freedom of association, providing more space for the trade union rights for first time in 2011. In Yemen and Libya, which also saw an end to authoritarian rule, now trade unions are becoming increasingly active. In countries like Jordon, Algeria, Morocoo, the rulers have taken the initiative of introducing the reforms to allow workers to exercise the trade union rights.
Although Arab spring has given much needed fillip to the trade unionism, but challenges still persist. For example, in Egypt, the Military Council has reneged on the promises of passing a law on trade union rights. In Tunisia, the new ruling dispensation cracked down on the workers demanding legitimate rights, accusing them of ‘undermining the national economy and conspiring against the government’.
In a report in February 2003, the World Bank itself pointed to the positive impact of trade unions on economic development and, in turn, on political stability. “The countries where the institutional participation of trade unions is greatest are also those where the level of conflict is the lowest,” he continued, defending the right to strike as a basic principle for workers and of democracy,” says Jose Olivio Oliveira, Asstt Gen Secretary, International Confederation of Free Trade Unions, ICFTU.
State of affairs in various States
In Jordon, Union activity is tightly controlled and union activists face discrimination and, in the case of migrants, deportation. A single trade union system is in place, and it is prohibitively difficult to cal a lawful strike. Despite this, work stoppages and protests take place regularly. The provisional amended labour law that was endorsed by the former Prime Minister was approved and adopted in 2011.
Around 607 labour-related protests were registered in the first nine months of 2011. The reports about strikes also came from Kuwait where 80 per cent of the 360, 000 strong workforce is
employed by public sector. In Oman, thousands of workers stormed streets to push their demands for jobs and all an end to rampant corruption in the country. In Syria, all the trade unions have been disbanded. In Iran, government heavily relies on stringent laws to suppress union activities. Prominent trade union leader Mansoor Osanloo was released from jail in 2011 after six long
years.
In Syria, 2010 Labour Code recognizes the right to collective bargaining, but the government continues to have over-riding powers to nullify it. In Kuwait, workers from the public sector are not allowed to form or join the unions. In Saudi Arabia, UAE and Qatar, the right to form trade unions is denied. In Iraq, workers from public sector cannot form associations or unions unless approved by the government. In Lebanon, the collective agreements have to be ratified by two-thirds of the union members at a general assembly.
In Egypt, Schlumberger, the world’s largest oil services company, has been scrambling to defend actions of local management who sacked the entire leadership of a nascent trade union. Pressure has been exerted by the ICEM and its affiliated Norwegian and Canadian unions, IndustriEnergi (IE) and the Communications, Energy and Paperworkers Union (CEP/SCEP), on senior management to intervene and remedy this unacceptable violation of rights in Egypt. Schlumberger employs around 2,500 workers in Egypt, 40% of whom are workers of subcontractors at 10 different worksites. The company is continuing to resist attempts by a genuine independent trade union in Egypt to organise workers at its operations.
In April 2011, the process to establish an independent company-level trade union at Schlumberger Egypt was begun, as part of the Egyptian Federation of Independent Trade Unions (EFITU), the trade union centre established during the final days of the Mubarak regime. In May 2011, signatures and required documents were collected to complete the legal process of establishing the union.
On 11 May, local management was informed of the new union structure, at which time management responded with threats leading to the dismissal of General Secretary Mohamed Abd Elrahman. On 3 July, the day of the union’s general congress, local management dismissed the union’s President, Brother Essam. On 5 July, local management summoned union members to the head office and threatened them with dismissal if they did not leave the union. And then on 7
July, local management followed through on an earlier threat and dismissed the union’s Assistant General Secretary, Ayman Abd Elmonem.
No reason or dismissal letter was given to Abd Elmonem, he was simply blocked from entering the workplace. On 12 July, another union member was dismissed in similar circumstances, Mr. Hossam Al-deed Mostafa, and again no written dismissal notice was produced.
Under Egyptian law, workers can only be dismissed from their employment following a due legal process and a court ruling. The court procedure cannot even be initiated without justifiably serious reasons. Arbitrary unilateral decisions such as these cannot stand. Four sacked workers have been without income for several months now.
Egyptian Labour Law is presently uncertain and largely unusable. In theory, the old Mubarak era law, remains in force while there are at least three new proposed labour laws, drafted by different political groups, circulating in Parliament. The last trade union elections of 2007 in the former unitary government controlled trade unions, all part of ETUF, have been invalidated for corruption and the former governing structures of these unions dissolved with appointed
oversight committees put in place to run the organizations until new elections take place – under a new law in the future.
The situation allows companies such as Schlumberger to take advantage of the situation to prevent genuine trade representation of their workforces.
The construction sector in the GCC countries, especially in Dubai, has been hit hard by the crisis. The decline in the construction in Bahrain, while less dramatic, has already affected the livelihood of thousands of migrant workers. projects falter and contractors are paid late, those who suffer the full impact are the construction workers who have experiences the long delays in
wage payments. In response, thousands of workers have engaged in strikes with the support of trade unions. Problems in the construction sector are compounded by the sponsorship system of employment, a key area in which Bahraini employers have argued against a more open system.
In Bahrain, the government is yet to ratify Convention 87 on Freedom of Association, resulting which workers are discouraged to take part in trade union activities and union leaders aresubjected to undue harassment. In July 2007, some prominent trade union activists were sacked after a protest march by around 500 workers of the Batelco Company over pay and retirement plan . Almost 50 workers of Al-Marai Dairy Company were sacked in November 2007 after
they took part in a month-long strike. They were re-instated a year later. In June 2008, Batelco sacked 44 workers in contravention of the Voluntary Early Retirement Package agreement between management and union. In July 2008, 17 migrant workers of Indian origin working for Classified Construction Company were arrested and threatened with deportation, after they were accused of setting ablaze a company vehicle.
In May 2009, the General Federation of Bahrain Trade Unions (GFBTU) sponsored an international conference on the crisis and its impact on Bahrain and the region. The trade unions in Bahrain, led by the GFBTU, called for damage control measures to reduce the impact on workers and their families, and demanded a place at the economic decision-making. The GFBTU called for a changed economic paradigm, one focused on providing employment security and social justice, regulating financial market, redressing economic inequality, creating environmentally friendly jobs, an promoting global economic reform.
In Iran, the 1990 Labour Code paved way for the constitution of Islamic Labour Council at any workplace. However it doesn’t allow any other form of representation at workplace where such a council has been established. Iranian labor enjoyed a brief period of freedom during the revolutionary period and the months following the revolutionary uprising. That period, however, corresponded with general chaos and widespread disruptions in economic activities. By
1981, all of the independent unions and councils as well as the secular Worker’s House (which were all set-up by workers and labor activists during and after the revolution), were forcibly taken over by pro-government Islamist workers and organized mobs. These organizations were officially liquidated and banned.
The early 2000s witnessed a surge in the confidence of labor activists and intellectuals, leading to the widespread translation of books on labor movements from other countries and the publication of books and journal articles on trade unionism, social movements, civil society, politics, and philosophy. Meanwhile, the number of workers’ strikes for economic demands and work conditions increased.39 Workers in public and private industries and services have
protested, demanding payment of their unpaid wages (a chronic problem in Iranian enterprises), opposing the widespread use of “blank signed” contracts and temporary contracts, and demanding that government and employers respect the application of current labor law. Some of the most confrontational labor protests have been in cases of laid-off workers demanding their jobs back. Nevertheless, these defensive demands and peaceful strikes are not tolerated
by the government’s security forces. In many instances, the Islamic reformists of Khatami’s administration were either unable or unwilling to curb the violent attacks of security forces on peaceful strikes and sit-ins of workers.
Some of the most tragic examples of these years demonstrate the brutality of the security forces against the peaceful workers’ movement. In July 2001, the workers from Jamco clothing and Shadanpoor shoe factories were seriously beaten by security forces in front of the Majles as they demonstrated for the payment of their delayed wages. Also in 2004, construction workers
participated in a strike and sit-in in the Copper Smelting Plant near the village of Khatounabad, in the Kirman province. This plant belongs to the National Copper Industries of Iran and was operated by a Chinese contractor. The construction workers’ complaint concerned the unfulfilled promise of being hired by the firm upon the completion of the plant. The workers’ families had joined the sit-in at the plant. On January 24th, the eighth day of the sit-in, on, security forces attacked the strikers and their families. Four workers were shot dead, 300 wounded, and many were arrested. The tragic event of Khatounabad was a catalyst that escalated the workers’ protest movement.
Also, with the economic sanctions imposed by West and the falling oil prices, Iranian economy has been affected badly. Many factories have closed down and unpaid wages have become common across the country. In January 2008, workers at Haft Tapeh Sugar Cane Plantation and Industry Complex, Iran’s only sugar refinery, collected 1900 signatures to replace the Islamic Labour Council with an independent trade union. In April same year, workers at Kian Tyre Factory went on strike because of long-standing wage arrears. In police retaliation, 100 workers were hit by electric batons and incarcerated.
In 2011, as in previous years the authorities detained, questioned, harassed, threatened and imprisoned scores of people for their labour rights activities. For example, on 8 January, Pedram Nasrollahi, a labour movement and women’s movement activist, was released on payment of 40 million tomans (29,300 Euros) bail. In early January, according to reports published by the Free Union of Workers in Iran, jailed labour activist Behnam (Asad) Ebrahimzadeh was
sentenced to 20 years in prison. Behnam is a member of the workers’ group Pursuit Committee for the Formation of Labour Organisations. In August, a Tabriz court sentenced labour activists Shahrokh Zamani to 11 years, Nima Pouryaghob to 6 years, Mohammad Jarahi to 5 years and Sasan Vahebivash to 6 months in prison on charges of organising opposition groups, acting against national security and propaganda against the regime.
In Saudia Arabia, the labour rights are least protected. A new report from the International Trade Union Confederation on workers’ rights in the country has uncovered alarming levels of child labour, discrimination and forced labour. Employees are only allowed to organise so-called “workers’ committees” that must include the participation of the government and the employer. Unions, collective bargaining, strikes, even public demonstrations are banned.
According to the report, thousands of migrant workers are the victims of torture, work long hours, live in confined conditions and, in general, are deprived of their basic freedoms. The Saudi authorities have repeatedly failed to address the issue and redress extreme abuses which
remain unpunished.
In Iraq, the current labour laws governing trade union rights are in dire need of reform. A draft Labour Code was made public in 2007, and although it does recognise trade unions, it contains many areas of concern. It prohibits companies in the oil sector from cooperating with unions does not adequately protect workers against anti-union discrimination, and also establishes too high thresholds for union recognition.
Until the Labour Code is adopted, labour laws dating back to the era of Saddam Hussein remain in force. Resolution 150 of 1987 prohibits public sector workers from organising, and also bars all public sector workers from going on strike. Furthermore, a Ministerial order issued on 20 July 2010 prohibits all trade union activities at the Ministry of Electricity and its departments and sites. Decree 8750, which was introduced by the new regime in August 2005, also severely limits trade union activities by prohibiting unions from holding funds, collecting dues and maintaining
assets.
In Yemen, there is only one official trade union organization and law is not seen conducive to trade union activities. Many excessive restrictions apply despite some trade union rights being recognised. While freedom of association is guaranteed in the Constitution, all unions must belong to the General Federation of Workers Trade Unions of Yemen (GFWTUY), the country’s only umbrella union organization. A proposed Labour Code would allow foreign workers to join trade unions although they would still not have the right to be elected to trade union office.
While the right to collective bargaining is secured, the Ministry of Labour has the power to veto any collective bargaining agreement. Agreements that are “likely to cause a breach of security or damage the economic interests of the country” can be annulled. Furthermore, the right to strike is very limited. Permission to protest must be obtained from the GFWTUY and all strikes must concern more than two thirds of the workplace of the employer.
In April 2011, more than 5,000 foreign workers from several Asian countries working in six garment factories in Al Tajamouat Industrial City went on strike over pay and poor working conditions, Workers had reportedly paid huge sums of money to obtain the initial work contracts in Jordon. However, the employers refused pay rises saying that this would drive them out of business and render them incapable of competing in the international garment industry. A
Taiwanese factory, Maintrend International, employing over 600, mainly Bangladeshi workers, shut down in September 2011 alleging that worker strikes were to blame for the closure. Most of the workers had been recruited just months earlier.
In Turkey, from 1908 onwards, political opportunity structures stimulated unionization efforts among Turkish workers. This is one of the defining traits of the Turkish organized labor movement. Workplace activists have always tried to benefit from opportune situations and established local hubs of activity at the grassroots level. The first wave of strikes, for instance, took place immediately after the reinstitution of the constitutional rights of Ottoman citizens in
1908, and the first labor unions were established immediately after the removal of the ban on class-based societies in 1946.
From early 1987 onwards, the strikes gradually normalized, especially in the industrialized area of greater Istanbul, and took the shape of a minor and localized strike wave. The first strikes took place in private businesses situated around Istanbul, big metal or chemical factories with a history of labor militancy. These strikes were organized by independent labor unions heir to the militant labor unions of the seventies. The spring actions marked the first of two climaxes in the cycle of protest that began at the end of 1986 and continued until the last months of 1991.
The sheer number of workers involved in the spontaneous movement can only be compared to such historical incidents in Turkish labor history as the strike wave of 1908, the unionization thrust in 1946, and the uprising on 15-16 June 1970. Thanks to the spread of the state economic enterprises throughout Anatolia, almost every important city witnessed some form of action. The 1987 strike wave is also important because of its pioneering nature. Despite the authoritarian
measures still in force and the general mood of submissiveness inherited from three years of military rule, especially among the ranks of the organized labor movement, these bold attempts by independent labor unions and Türk-İş affiliates broke the silence. The 1989 spring, on the other hand, revealed the anger of the public enterprise workers at being cast out of the political sphere. The Petrol-İş strike involved approximately 20,000 workers, half of whom, the
employees of strategic state economic enterprises, did not legally have the right to strike.
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