mafiwastafor workers' rights in the United Arab Emirates
Our complaint to the International Labour Organisation
Read about who we are and what we hope to achieve
Latest News - ILO Criticise Gulf States
Wednesday June 13th, 2007
Khowla Mattar, an International Labour Organisation's specialist on migrant workers' rights, has explicitly criticised Gulf states' treatment of their migrant workers, accusing them of ignoring international conventions and the issue of human trafficking.
Such public criticism is unprecedented -the ILO is famous for its conciliatory approach - and provides further evidence of disquiet within the international community where this issue is concerned. Furthermore it provides a stark reminder to the government of the UAE, if one were necessary, that their draft labour law of February 2007 requires a serious and immediate overhaul. Mafiwasta echo the derision poured on the draft by Human Rights Watch, in fact we would go so far as to say that the draft law represents little more than a shameful piece of international filibustering whose primary purpose is to placate an increasingly exasparated international community. An English language copy of the draft law is available here.
No under-30s to the Gulf - India acts to stop sex trafficking Wednesday May 16th, 2007
Indian minister for women and children, Renuka Chowdhury, announced that India will refuse to grant emigration clearance to women under 30 who are intending to travel to the Gulf as housemaids. Although the ban covers 17 countries, it is the six oil-rich Gulf states - Oman, Qatar, Saudi Arabia, Kuwait, Bahrain and the United Arab Emirates - which are believed to be the primary focus of the ban. Reports of physical and sexual abuse of domestic maids at the hands of both employers and people traffickers are common. Last year a Bangladeshi woman was thrown to her death from a fourth floor balcony by her Bangladeshi traffickers after she refused to work as a prostitute. A US State Department report in 2006 described the situation of south Asian domestic workers in the UAE as 'grim'. The UAE's draft labour law of February 2007 explicitly excludes domestic servants from its provisions.
Seminar on UAE Labour Issues at London School of Economics Monday 23rd April
Mafiwasta and Human Rights for Change held a one-day seminar on UAE labour issues at the London School of Economics. Speaking were Nick McGeehan of Mafiwasta, Dr David Keane of Human Rights for Change and Brunel University, Hadi Ghaemi of Human Rights Watch and Dr Nazila Ghanea-Hercock of Oxford University. Also present were representatives from Amnesty International, Tourism Concern, Platform and the Trades Union Congress. The seminar focused on the implementation of effective and practical strategies for applying pressure both to the government of the UAE and the multinationals who operate there.
Violence Is A Red Line Apparently Monday March 12th, 2007
The UAE Ministry of Labour has acted swiftly and decisively (not often you see that) in deporting and handing out lifetime bans to 200 ETA-Ascon workers accused of violence. The workers, who earn between $150 and $177 per month for upwards of 250 hours work, had apparently demanded an increase in basic pay and annual leave with an air ticket. The company offered an increase of 2 dirhams (54 cents) per day and a return ticket every two years. It's worth repeating that again. Every two years. According to the Gulf News, the workers turned violent, taking to the streets, destroying a company bus and attacking the manager of the company.
The Ministry of Labour, no doubt eager to placate ETA-Ascon, who are run by the powerful Al Ghurair family, have been quoted as saying that 'violence is a red line that should not have been crossed', Not only that, they have agreed to compensate ETA-Ascon (consolidated sales for the year 2005, US $3 billion) to the tune of 250 free work permits.
ETA-Ascon management have suggested that the workers' action were instigated by 'outside influences' . Nothing to do with the 54 cent a day pay offer and the prospect of only seeing your wife and children once every two years for the foreseeable future. This is a company which describes itself on its website as having a reputation for 'farsightedness and sheer professionalism'.
And so, yet another despicable instance of government/business collusion, although there seems little point anymore in making any distinction between the two. Quite where the due process of law fits into all this remains unclear. The 'accused' are to be deported, apparently without formal charge or conviction, and presumably no opportunity to mount any sort of defence.
Mafiwasta would like to commend the workers for their restraint and, for what it's worth, offer them our complete and unyielding support.
Broken Promises Friday, January 26th, 2007
Lest the UAE government's conciliatory words on labour reform be taken seriously, here's a quick recap on previous pledges:
July 30th 2004, Gulf News "A federal law organising trade unions in the UAE will be issued soon, an official source has said." October 12th 2004, Gulf News "A federal law legalising trade unions in the UAE will be issued soon, a senior official said." March 8th 2006, Gulf News "The UAE has laid the legal foundation to set up trade unions, a senior official said yesterday." April 1st 2006 Gulf News "The UAE is set to pass a new labour law which will include the right to form trade unions and peaceful assembly, Labour Minister Dr. Ali bin Abdullah Ka'abi told Gulf News. His remarks followed a number of strikes on construction sites in Dubai which attracted global attention."
At least Dr Ka'abi had the sense of humour to make his last announcement on April Fool's day.
There is still no sign of any of this legislation of course. One can only assume UAE legislators are far too busy doing due diligence work in Liverpool to be bothered with something as trifling as domestic labour reform.
Migrant Workers Still Walking Alone Friday, January 5th, 2007
Ever anxious to further develop 'Brand Dubai', Liverpool FC are the latest target of the seemingly insatiable Makhtoums.
It is saddening to note that the issue has not provoked a single voice of dissent, either from supporter's groups or journalists. The prospect of one of the world's greatest football teams - and one whose players famously backed striking Liverpool dockers only a few years ago - being run by a family whose empire is based on the enslavement of hundreds of thousands, hasn't raised as much as an eyebrow.
Human Rights Watch Turn Up The Heat, Monday, November 13th, 2006
Human Rights Watch yesterday released a 71-page report on the appalling conditions faced by the UAE's migrant construction workers. Entitled 'Building Towers, Cheating Workers' the report is highly critical of the UAE Government and calls on them to hold employers accountable for breaking the law. HRW welcomed Shaik Mohammad's recent decrees (see below) but insisted that more would need to be done.
Mafiwasta welcomes the report and agrees wholeheartedly with its findings and recommendations. We remain unconvinced, however, by the UAE government's promises (the companies flouting the regulations are typically owned by power families close to government) and repeat our view that the UAE Ministry of Labour has neither the manpower nor the ability to adequately protect over a million unskilled migrant workers.
Shaikh Mohammad Announces Announcements Wednesday, November 8th, 2006
One can almost feel the revolution in the air. Like Lenin addressing the Kronstadt sailors in 1917, Shaik Mohammad announced yesterday that 'workers' rights must be protected'. Stirring stuff.
Unfortunately, any third-rate analysis of the situation reveals the truth: this is little more than a publicity stunt to give the Shaikh some worker-friendly kudos.
How are workers' rights to be protected? By strict enforcement of labour laws apparently. Not new labour laws, not better labour laws, just the old ones but this time they really mean it. The Shaikh has also announced that a new medical insurance scheme is to be initiated. No details of course, just take his word for it. Not only that, but workers are to be allowed to switch jobs with no obstacles 'as long as they meet the criteria set by the UAE and the Ministry of Labour', which, if you read it closely enough, means absolutely nothing at all. The icing on the cake is the announcement that an effective mechanism is to be put in place to empower workers whose salaries have been withheld for more than two months. This translates as 'you can withhold wages for seven weeks but we're thinking about not letting you do it for any longer than this, in fact we're going to make another announcement on this the next time we're feeling the heat'.
The only way to protect the UAE's vast and ever-increasing migrant workforce is through effective trade union legislation. Until workers are granted the right to organise and collectively bargain for improved pay and conditions, the UAE will remain dependent on the sweat and the docility of an army of slaves and no amount of empty promises (trade union legislation - didn't happen; naming and shaming of dodgy companies - didn't happen; summer working hours - not one firm fined) will improve matters.
Gulf News article. 500 Dirhams says they were ordered to put this on the front page.
UAE Workers Reclassified as 'Temporary' Monday, November 6th, 2006
In a move of breathtaking audacity, the UAE Ministry of Labour have announced that migrant workers are to be reclassified as temporary workers. In case anybody is unsure of the etymology of 'temporary' it comes from the latin temporarius and means 'for a limited time'. (Last time anybody checked, the only person who has ever referred to a period of thirty years as 'temporary' was Gandolf the Grey in Lord of the Rings, and that's only because he lived to be about 4329.) Apparently this reclassification will be for the benefit of all concerned, except anybody who isn't Emirati, white or rich. It has nothing at all, repeat nothing at all, to do with minimising the rights of migrant workers by further denigrating their already ridiculously lowly status.
Let's be under no illusion as to what it is they mean by 'temporary': they mean 'not worth as much'; they mean 'second-rate human beings'. Read the report here.
Apologies for the delay in making this last update. We had temporary technical difficulties and will be resuming regular updates as of now. By 'regular' we mean every three ice-ages.
Abuse, Intimidation and Censorship Saturday, July 29, 2006
The case of Erlinda Sy and Lourna Acopiado is an all too familiar one. But while the Gulf News report haven't printed the name of the company involved in the scandal, for reasons which will be all too apparent to anybody with any idea how business is done in the UAE, we have no such problem, in fact we're delighted to name them - CLEANCO. Cleanco do contract cleaning work for numerous large western organisations including BP. They also deprive their workers of medical care, don't pay them overtime, and lock them in unsanitary accomodation when it suits them.
Free Advertising for Construction Firms Friday, June 30, 2006
After last summer's debacle where the Ministry promised to fine construction companies found breaking the mid-day break for outside labourers directive, and ended up fining nobody - yes, nobody - despite widespread flouting of the rule, the Ministry of Labour has decided to really get tough. Companies breaking this year's directive (workers must get a break from 12.30 - 3pm) will be "named and shamed!" according to the Gulf News. Putting people's name in the paper - yet another bold social justice initiative from the Ministry of Labour.
HRfC Report Levels Apartheid Charge Thursday, June 29, 2006
A report from the Irish-based human rights group Human Rights for Change has accused the UAE of being in breach of its obligations under the UN Convention on Elimination of Racial Discrimination. Among other things, it accuses the government of operating a system of de facto segregation which, in the eyes of the UN, is a form of apartheid. The charges in the document have been backed up by numerous rulings from reputed Islamic scholars suggesting that the UAE is out of touch with both international human rights law and Islamic law. One particularly interesting comment from the Council of Muslim Theologians based in South Africa read "Believers are cautioned against exploitation of any kind, even if the other person being the weaker party agrees to such a deprivation or exploitation under the stress of circumstances." Mafiwasta will be sending copies of the rulings to senior Ministry of Labour officials.
World Cup Fever Hits UAE! Tuesday, June 6, 2006
Construction workers learned yesterday that they will be given time off to watch India, Pakistan and Nepal matches in the World Cup, which starts in Germany on Friday. Ministerial Directive 123 was passed yesterday by unanimous approval, with a Ministry spokesman saying "Yet again the UAE has shown itself to be the most compassionate country in the universe. This is a great day for labour relations." Representatives from the Indian, Pakistani and Nepalese consulates also expressed their gratitude saying "You're too kind. Really." Workers will be allowed to stop work whenever the ball is in play, although they will have to immediately resume work "as soon as the referee blows for a restart" said the official. While the spokesman conceded that this could make watching penalty shoot-outs difficult, he reacted furiously to criticism of the directive, "It is not the fault of the UAE that India and Pakistan and Nepal did not qualify for the World Cup! They are responsible for that, not us!"
There was cautious optimism from the international community, with somebody who didn't know much about it saying, "This is a positive step forward, but a lot remains to be done."
Minimum Wages? Tuesday, May 16, 2006
The UAE Government has announced plans to introduce a minimum wage for UAE nationals. A figure of 3000dhs/month ($816) has been touted although nothing has been made official. The government has also announced plans to discuss the introduction of a minimum wage for expatriate labourers. Cynics may point to the move as a blatant attempt to buy more time with the ILO who want to see action taken on the introduction of trade union legislation. Mafiwasta welcome the move, assuming the figure is set at the same level as that of nationals. Otherwise it represents a blatant breach of the UAE's obligations under the UN's International Convention on Elimination of all Forms of Racial Discrimnation.
WTO Ignores Concerns Over Workers' Rights
In addition, the move is unlikely to impress the World Trade Organisation who, in the wake of recent trade talks, reserved their only criticism of the UAE for its emiritisation policy whereby certain sectors must have a certain quota of UAE nationals. (No, not the construction industry.) It is important to point out that not impressing the WTO is quite an impressive feat. Prior to the discussions, the International Confederation of Free Trade Unions provided the WTO with a comprehensive report on the UAE. The report was scathing:
"The situation of migrant workers, which constitute about 95% of the private sector workforce, is particularly worrisome since they may be excluded from the scope of labour law, as in the case of domestic workers, and face the risk of deportation when claiming their rights. Abuses committed against migrant workers include non-payment of wages, extended working hours without overtime compensation, unsafe working environments resulting in death and injury, and withholding of passports and travel documents by employers."
And the WTO's comment? "Members commend the UAE for its strong economic expansion over the past decade. This was the result of the exceptional performance of the hydrocarbon subsector, but also of a successful diversification strategy partly supported by a large influx of foreign labour and a generally open and business-orientated environment."
We contacted the WTO and apparently they sleep at night with the help of 15mg of Dormicum.
Trade Union Violations?
An Observer report on Sunday April 9th seems to provide inital evidence of government repression of unofficial workers' organisations:
"If we are caught speaking to you here, we are finished, you understand that? They will throw me in prison and deport everyone in this camp, not just the people in this room. They are actively looking for us,' he tells me. The construction workers, packed together inside the tiny hut in one of Dubai's harsh desert labour camps, are breaking the most fundamental of all the draconian laws governing immigrants within the United Arab Emirates - they are holding a union meeting, a practice that is banned in all but one of the Gulf States.These protests received attention in the press and were forgotten about, we need to do more. I was involved in a sit-down protest on the motorway last month, but the police came along with sticks and beat us on the backs and head. Many of my friends were hospitalised and deported. The riot got a lot of attention, but things haven't improved for us. We already know what we have to do next, we take our protests into the malls and to the beaches. Our situation needs international attention and only by unsettling tourists can we achieve this. They need to see how desperate we really are."
Riots in Dubai Monday April 3rd, 2006
A 3000 strong riot at the Burj Dubai on 22nd March 2006 finally convinced the world's media that there is a story worth covering in the United Arab Emirates. Read the initial CNN report of the incident, and The Guardian and The Independent articles which followed.
Human Rights Watch immediately issued a press release condemning the treatment of migrant workers and alleging figures of 880 deaths per year on the construction sites of Dubai, a figure which corresponds with Mafiwasta and Human Rights for Change's long-held belief, assserted in our complaint to the ILO, that the government of the UAE is manipulating official figures.
The UAE Minister of Labour, Dr Ali Abdullah Al Kaabi, described the HRW report as "devious, illogical and insane" - no doubt the first time those adjectives have ever had the chance to formally introduce themselves. With reference to the Burj Dubai unrest he went on to say "It has been proven that the companies concerned completely respect their commitments and their contracts" and that the workers "were not demanding their rights". What, pray tell, were they demanding Dr Al Kaabi? Share options? A new pastry chef for the mess?
As so often happens in the UAE, the Ministry of Labour responded to a crisis with yet another 'trade unions coming soon' announcement, although there appears to be some confusion on the proposed dates. The Khaleej Times reports that the legislation will be passed before the summer vacation, while the Gulf News indicates December is the likely date for the introduction of federal trade unions.
Mafiwasta remains highly sceptical of the UAE's intentions (we've been duped many a time before)and continues to seek support for an official ILO investigation into the UAE government's denial of freedom of association rights. A joint Human Rights for Change / Mafiwasta complaint has been submitted to the International Confederation on Free Trade Unions, who can in turn submit to the ILO. Tacit support for our work has come from the Islamic Human Rights Commission and several trade union organisations.
We welcome the recent attention of the world's media and the work being done by Human Rights Watch, however greatest plaudits must go to the UAE journalists whose courageous efforts have brought the issue to the attention of the international media.
Incidentally, in an entirely unrelated incident that has somehow gone virtually unnoticed, the government of Abu Dhabi has awarded ExxonMobil of the United States a 28 per cent equity interest for 20 years in Abu Dhabi's Upper Zakum oilfield. Hmm..an oil-rich Gulf state with no need for foreign investment awards a stake in a government owned operating company to a private US firm. Now why on earth would they want to do a thing like that?
All comments welcome at feedback@mafiwasta.com
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Organisation for the Protection and Promotion of Human Rights
An independent, not-for-profit, campaign, research and advocacy organization based in London
The greater the state, the more wrong and cruel its patriotism, and the greater is the sum of suffering upon which its power is founded.
Leo Tolstoy