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1 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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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 Presentation

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Page 1: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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

[email protected]

Page 2: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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.

Page 4: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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

Page 5: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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.

Page 6: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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)

Page 7: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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 %

Page 8: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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 (%)

Page 9: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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Imported labor... but,,,

Low cost labor Non-selective Unskilled Massive Temporary Illiterate Physical nature Difficult duties Domestic work…

Page 10: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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

Page 11: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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.

Page 12: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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.

Page 13: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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

Page 14: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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

Page 15: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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

Page 16: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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

Page 17: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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Case Study (1): CSR Situation Across KSAA Study Conducted in 2009 by The National

Commercial Bank - YouGovSiraj

Page 18: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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 ? (%)

Page 19: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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0

10

20

30

40

50

60

70 6157

34 31

CSR Revenue on Corporates (%)

Page 20: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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Case Study (2): CSR IN QATARGAS

Page 21: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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.

Page 22: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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.

Page 23: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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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.

Page 24: First  Regional  Conference  On Corporate Social Responsibility in the Middle East Istanbul-  Turkey  19-20 June 2013

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Thank you for [email protected]