PROPOSAL
Project Objectives
The project objective is to research and advocate the promotion of the rights of
migrant worker in the countries of the Gulf Co-operation Council. The focus will
be on the United Arab Emirates (UAE) and in particular Dubai. The reason for the
focus on Dubai is that it is the commercial hub of the area and therefore serves
as a leader in its trade and investment policies for the GCC as a whole. The
project will offer policy recommendations for the promoting of the rights of
migrant workers in the GCC.
Human Rights and Labour Standards
As well as the seven core UN human
rights treaties, the ILO has outlined four
core standards as agreed in eight core conventions
in the areas of (1) freedom of association and
collective bargaining, (2) the elimination of forced or compulsory
labour, (3) the abolition of child labour, and (4) the elimination of
discrimination in employment. These, and other relevant standards, will
provide the backdrop to the examination of the human rights situation of
migrant workers in the GCC as well as mechanisms and procedures that
have or may be utilised for the promotion of rights.
Trade, Investment and Labour
Standards
As well standards and obligations in the field of human and labour
rights, have been supplemented by a burgeoning interest in delineating
the responsibilities and good practice of businesses in respect of
labour standards. Both the UN Global Compact and the UN Norms on the
Responsibilities of Transnational Corporations and Other Business
Enterprises with Regard to Human Rights (Human Rights Norms for
Business) address labour standards and workers’ rights. These ‘top-down’
efforts have been complemented by civil society activism in highlighting
egregious worker’s rights standards in respect of particular sectors,
companies and countries.
There are additional and very tangible trade incentives for Dubai and
the UAE to address worker’s rights. If the current negotiations with the
US for a Free Trade Agreement (FTA) are to be successfully concluded,
the UAE would need to change its labour code. Furthermore in relation to
the EU, the GCC current preferential access to the EU’s market under the
Generalised System of Preferences (GSP) general agreement cannot be
enhanced to the GSP+ arrangement unless there is ratification and
compliance with the eight ILO Conventions known as ‘core labour
standards’. Much progress would be required in the UAE for compliance to
these standards.
Research Methodology
The aim of the project is three-fold:
1- To examine the existing legal and normative framework with regard to
migrant workers in the GCC, with a focus on the UAE and particularly
Dubai. This will be in terms of international obligations and normative
frameworks, both current and under development as well as an analysis of
the conditions of migrant workers.
2- To examine how these laws, norms
and policies are being developed, and can be improved further, in order
to better protect migrant workers.
3- To address how these laws, norms and policies can best be advanced
both from top-down efforts and grassroots activism by civil society
actors – businesses and NGOs in particular.