December 14, 2009
In recent years, Dubai became known as a metropolis of wealth, the economic capital of the Middle East. This Arab Emirate, once rich in tourism and real estate, has recently taken an economic nose-dive with no promising solutions for revival. This essay will take a step back in time, to when Dubai’s markets were rich and growing, and explore how and why it became the place it is, or was. The answer is short and sweet: cheap labor and migrant construction workers. But an explanation behind the inhumane gap between the lavish rich and the destitute poor is a sad and complicated tale based on human rights violations. Living off dollars a day, exhausted and overworked, the men in hard-hats live lives completely contrary to those of the country’s capitalists. This analysis of the mass violations committed amid the UAE Federal Labor Law, leads to open-ended questions. What will the future hold for these workers, many of whom have already left the country? With Dubai’s debts channeling rumors of bankruptcy, will they be better off without the unjust jobs, or the hardest hit by this recession? It seems as though karma has crept up on the selfishness of Dubai, and with migrant workers fleeing the country, it may be too late for forgiveness, but it is worth a try. With fingers crossed and positive thoughts brewing, let’s hope Dubai can come out of this mess, and reroute the image it has given itself thus far, as a mass human rights violator within the realm of cheap labor.
The Trucial States along the Arab Peninsula transformed into the oil rich country of the United Arab Emirates (UAE) on December 4th 1971. Little did the world, this country that was once summit by desert, would blossom into the Golden Capital of the world, the New York of the Middle East. In recent years, “entire cities cropped up where there was nothing 10 years ago.”[1] Dubai, one of the seven Arab Emirates, has been advertised to the world as a commercial haven of high-rise buildings, gorgeous cornices, and luxury cars. As the millennium grew older, Dubai grew richer. It has been known as a colossal metamorphosis growing within the economic sector, due to uncontrollable spikes in its trade and service industries. However, this phony economy would not last for long, and in this materialistic world of celebrity and eminence, Dubai seems to have used up its 15 minutes of fame.
The Emirate’s markets have recently become a plummeted disaster; Dubai is falling deeper and deeper into a cyclone of debt with no obvious or promising solutions for revival. This economic nosedive began in the wake of 2009, and by the year’s end, Dubai World sees itself owing some $59 billion US Dollars.[2] Wealthy brother Abu Dhabi has been criticized for not offering a helping hand, Emirates airlines has become too expensive for Dubai to single-handedly own and operate, workers have been laid off by the handfuls, newly built roads are empty of traffic, and the doors of the debtor prison are wide open. Dubai, once a place where investors played real-estate poker, now faces drastically declining shareholder confidence. This “downward spiral that has left parts of Dubai — once hailed as the economic superpower of the Middle East — looking like a ghost town.”[3]
http://www.flickr.com/photos/travelmeasia/3596448319/Click for photo byEdson Walker - Dubai Indian Workers
Before understanding why Dubai’s economy is failing, which was “built on and bought with borrowed money,”[4] it is helpful to understand how it was callously built in the first place. It seems as though karma has crept up on the selfishness of Dubai, and it may be too late for forgiveness, but it is worth a try. This essay takes a step back in time, to 2008 and prior years, to when Dubai’s markets were rich and growing, and examine how mass violations of the UAE Federal Labor Law forced the migrant construction workers to live unjust lives, and suggests recommendations for future forgiveness.
Dubai’s population growth is a result of immigration’s push-pull effect, which pulls in expatriates from low waged countries, pushing them to seek employment in the growing Emirate.[5] This trend began in 1968, when migrant workers overwhelmed Dubai’s population by 54%.[6] By 2007, half a million migrant laborers were responsible for crafting the largest construction site on earth, whose projects toppled over 300 billion dollars.[7] As of 2006, these foreigners constituted 95%[8] of UAE’s workforce, outnumbering the country’s national workers by 1,000%.[9] The Dubai immigration boom has been compared to that of the United States of America, some 100 years ago; a Middle Eastern territory with a modern American Dream. Just as the “slave trade fed the wealth of the early Americas, expatriates are the foundation of growth in the UAE.”[10] Unskilled guest workers migrate to Dubai’s constructions sites from India, Pakistan, Saudi Arabia, Nepal, Bangladesh, Sri Lanka, Indonesia, the Philippines and elsewhere. It was estimated that by 2007, some 25,000[11] migrants made their way through UAE immigration each month, leered to Dubai on false promises, unsure of the life that awaited them.
Modern day slavery is often prevalent where cultures and countries undergo rapid transformation and modernization, such as in Dubai. According to political philosopher Jean-Jacques Rousseau, “we have a moral obligation to condemn those who act to implement systems of slavery, caste, or racial domination.”[12] This scheme is evidently occurring in Dubai; migrant construction workers are treated like slave laborers within the lowest of class status brackets, in comparison to the local UAE citizens. “Man who are the property of another, politically and socially at a lower level than the mass of the people, and performing compulsory labor.”[13] These contemporary forms of worker subordination reveal that “there is little doubt, that in 2008, Dubai remains the region’s primary center for modern-day slavery.”[14]
Modernity constitutes modern markets and states that advance issues of equality and toleration. This hierarchical world of rulers and the ruled is progressively understood as a business, with office holders and their workers.[15] Dubai is a new state and market, and a hierarchical city of chiefs and subordinates. “A common assumption about industrialization is that "class consciousness" is the most fundamental category by means of which we are to understand workers’ experiences.”[16] Migrants are the subjugated lower class, who are subsidiary to the rule of their upper class, egalitarian supervisors and office holders. Worker’s labor is the price paid for the city’s industry, at low cost, which in turn retails basic human labor rights.
Dubai’s migrant construction workers are denied basic human labor rights, as defined by labor laws and international conventions and declarations. The business impact on human rights, with regards to labor rights, include freedom of association, the right to organize and participate in collective bargaining, right to non-discrimination, abolition of slavery and forced labor, right to equal pay for equal work, right to equality at work, right to just and favorable enumeration, right to a safe work environment, right to rest and leisure, and the right to family life. Migrant workers are denied each one of these labor rights, through the failed UAE Labor Law. “The root cause of the business and human rights predicament today lies in the governance gaps created by globalization [hence migrant workers] - between the scope and impact of economic forces and actors, and the capacity of societies to manage their adverse consequences.”[17]
The Federal Law (No.8, 1980), titled Regulation of Labor Relations, is responsible for reigning control and supervision over relationships between the state, the employer and migrant workers.[18] The UAE’s Federal Labor Law dictates all labor relations through the country, via the Ministry of Labor (directed by Dr. Dr. Ali bin Abdullah Al Kaabi) and his Council of Ministers. This Law, in partnership with labor examiners, is said to support both national and migrant workers; this is true for the former, however it fails to protect the human and labor rights of latter. “Until January 25th 2005, there were only 80 labor inspectors employed to look after the interests of approximately 2,738,000 expatriate workers. Now there are 130 inspectors; 1 UAE national inspector for every 21,062 expatriate employees.”[19]
Employers virtually own their workers once they arrive on Dubai soil. “The sponsorship system continues to be the mechanism through which workers enter labor-scarce Gulf countries.”[20] Prior to arrival in the UAE, foreign workers must be sponsored by a licensed local citizen, who is registered with the Ministry of Labor. This ensures that the workers are under full control and supervision of their sponsors during their stay in Dubai. The sponsor will decide where the workers shall travel to for work purposes, based on the economic needs of the country, at any given time. “This system, as applied to lower level positions, has been analogized to slavery because the employee is tied to one employer.”[21]
Confiscation of migrant workers passports is absolutely illegal, as stated under the UAE Labor Law and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Article 21 of the Convention states that it is unlawful for people, including employers, to withhold one’s identification unless they are of public authority authorized to do so. The UAE Labor Law states that employers are not to confiscate or destroy personal documents, muddle with documents that authorize workers to stay or leave the country, or work permits.[22] Employers seize workers documents, regardless of what the law says, since they are rarely ever punished for doing so. In 2001, the Dubai Court of Cassation legally revealed the “open secret that employers in the UAE often confiscate the passports of their employees, yet the government chooses to ignore this illegal practice.”[23] In addition, bosses will enforce longer and stricter contracts on the workers, to further prevent them from leaving the country. The sponsorship initiative violates the basic human labor right of the abolition of slavery and forced labor.
Article 2 of the UAE Labor Law indicates that migrant worker’s records, contracts, files, and data are to be documented in the country’s official Arabic language. In addition, working instructions shall also be published in Arabic. This choice of language will always prevail, even if the worker speaks in a different native tongue.[24] This overtly violates the basic human labor rights to just and favorable enumeration and non-discrimination. It has been proposed that the Labor Law should ensure contracts and instructions be printed in the comprehended language of the workers, to avoid misconceptions, the spread of misinformation, and employer deception.[25] However, in Dubai’s favor, such language confusions are a cleaver way to trick migrant illiterate workers into unforeseen contracts, which once are signed, the government cannot help them escape from.
Article 101 of the UAE Labor Law requires employees to provide migrant workers in remote areas outside of Dubai’s centrality, with transportation, comfortable living accommodations, drinking water, adequate food supplies, health facilities, and recreational opportunities. The workers are not to be charged for any of these amenities.[26] The majority of these requirements are outstandingly overlooked and discounted by employers and Labor Law enforcement. Further understanding seeks detailed explanation.
Construction workers depend on their sponsors for everything, during their stay in Dubai. Since workers contribute to local traffic, which is already held up for hours each day, they are often dropped off 5-10 KM away from their work site.[27] Workers line up by the dozens just to secure a seat on the buses, which are crammed and unsafe. When they finally make it home from work, and load off the buses, communal life is somewhat restricted. Workers must seek approval from their bosses to obtain liquor licenses and to have or rent a telephone or satellite television.[28] Workers have no independent rights to a sufficient social life, should their employers not grant them access, hence violation of the human labor right to rest and leisure.
Hundreds of migrant workers live in ghettos, dwelling on the outskirts of capitalistic Dubai. The migrant workers in blue construction uniform return home from work to a room that is shared among many men. Many men are not lucky enough to have bunk-beds, and therefore sleep atop each other on the floor. Even worse, it is said that most workers sleep in small cells that are beyond comparable to the beautiful stalls that Sheikh Mohammed bin Rashid Al Maktoum’s horses live in.[29] The rooms often have one hole for washroom purposes and one water tap.[30] In a better case scenario, the workers share communal bathrooms, showers, and kitchens. The labor camps drown in desert sand and often lack garbage systems. Sonapur has been known as the worst labor camp, lacking basic essentials, such as a sewage system.[31] Inevitably, these labor camps make prisons seem like hotels. Eating conditions and food supply are not much better than other attributes to life; in worst case scenarios, the workers are sometimes only fed “two handfuls of old rice per day.”[32]
The UN’s International Convention on Economic, Social, and Cultural Rights (ICESCR), ensures just and favorable working conditions for everyone, which includes particular safe and healthy working conditions.[33] Article 91 of the UAE Labor Law, which refers to worker’s safety, protection, health and social care states that all employers are to “provide appropriate safety measures to protect workers against the hazards of occupational injuries and diseases that may occur during the work, and also against hazards that may result from the use of machines and other work tools.”[34] This supports the basic human labor right of a safe work environment. Article 142 of the UAE Labor Law sustains that should a worker suffer injuries on the jobsite, the employer is to immediately report the injury to police or to the labor department. A report should validate all personal and employment information, such as the construction worker’s “name, age, occupation, address, and nationality, and a brief account of the accident, its circumstances and the medical aid or treatment provided.”[35] Police are entitled to follow through with further investigations, which may require questioning witnesses. However, this is hardily ever necessary, because injuries are seldom reported by employers, as it adds too much confusion to their already inhumane practices.
Unsafe working conditions are beyond hazardous, and often deadly, due to the lack of safety equipment provided by their employers. Not only do employers never report worker injuries, even worse, they rarely report migrant deaths that result from worksite blunders. It is up to the employers to immediately notify the Ministry of Labor and Social Affairs, should a death arise, but very few take action. Dr. Khalid Khazraji, Labor Undersecretary at the Ministry of Labor, said that this gives reason to why “the government has no comprehensive data about numbers, causes of death or injury, or about the identity of those dead or injured.” [36] In 2005, only 1/6 of the near 600 companies in Dubai reported worker injury or death; “800 workers died, only 34 were announced by the government [because] only 6 companies filed reports of death and injury.”[37]
“In an interview with the Indian consul in Dubai for the documentary Dans les Soutes de l’Eldorado, journalists Philippe Levasseur, Philippe Jasselin and Alexandre Berne claim to have been shown confidential reports showing that two Asians per day die on the construction sites of Dubai, and that there is a suicide every four days.”[38]Aside from accidental deaths, horrid working conditions lead to suicide among many labors. In 2004, the Indian consulate claimed that some 67 Indian workers commit suicide in Dubai, and some 100 more commit suicide within the following year. A specific case study details that “an Indian worker killed himself after his employer refused to give him 50 Dirhams to visit a doctor.”[39]/[40] Modern political theorists, such as Thomas Hobbs, philosophizes about his ideal state, which has strict control over its people, making them live a brutish, nasty, poor, and short life.[41] This ancient theory is recognized in the modern lifestyles of migrant workers in Dubai, hence high rates of suicide.
Employers need workers, but do not want to take responsibility of the men when they become injured on the job site, hence the rapid adoption of illegal workers to their workforce team. Seemingly very illicit, local government officials help companies and illegal workers in their efforts. These migrant laborers are of the most vulnerable, and face the most discrepancies and uncertainties, as they literally have no legal labor rights as illicit workers. A specific case study, from the Human Rights Watch organization, reveals these illegal working situations.
Chekalli, originally from Andhra Pradesh, India worked as an illegal migrant construction worker, employed in Dubai. He suffered major back injuries at the job site, especially on January 22nd 2006. Checkalli and his fellow injured work partner were dumped off at the government-run Kuwaiti Hospital in Emirate of Sharjah, to seek medical attention. Chekalli would soon come to realize that his injury caused him to be paralyzed, so not only could he no longer work, but he could no longer walk. Because injured Chekalli served no purpose for being in Dubai, due to his injury, “he would be returning to India without receiving any compensation for his work-related injuries.”[42] Without any reparations, reimbursements, or health insurance, Checkalli would have to take care of himself at home without any assistance from Dubai.
Legal migrant construction workers are paid exceptionally low wages, hence referring them to slave workers. This violates the basic human labor right of equal pay for equal work. Article 63 of UAE Labor Law states that a minimum wage shall be put in place, in accordance to the cost-of-living index payable to workers. It is up to the Minister of Labor to determine a minimum wage standard, that meets equivalencies to the worker’s cost of living, and that will provide for “basic needs and guarantee his livelihood.”[43] Migrant workers are paid close to nothing because they literally have close to nothing, as their living conditions are below minimum custom (hence a minimum wage based on the cost-of-living index payable to workers). Unlike Dubai’s wealthy, migrant’s lifestyles are not ones of extravagance. “Going to the cinema on their day off is out of the question. It costs more than a day’s wages.”[44]
Foreign construction workers are often paid about 600 Dirhams a month, equivalent to $160-170 US Dollars, while the average per capita income is over $2,000 US Dollars per month. These amounts equate to workers being paid about $1 US Dollar per hour. Workers are often in debt before traveling to Dubai, due to the loans they take from their home recruitment agencies, which secure their jobs abroad. In addition, debts increase when they arrive to Dubai, due to high visa and travel costs. Jus Codens norms prove that bonded labor in Dubai is a modern form of slavery, as “migrant workers spend several years working to pay back debts over which they have no control.”[45] This violates the 1926 and 1956 Conventions on Slavery.
Employers often illegally withhold employees low wages for months at a time. This prevents workers from sending money home to their families, who usually receive up to 80% of the migrant workers wages. Within the past few years, thousands of “workers filed complaints with the government about the non-payment of wages and labor camp conditions.”[46] This refusal of wages is of course illegal, under Article 56 of the UAE Labor Law, which indicates that workers on yearly or monthly contracts are to be paid at least once a month, while all other workers shall be paid biweekly.[47] Even though the Labor Law provides penalties for violations of its provisions, including withholding and the non-payment of wages, there has not been “a single instance where an employer was sanctioned, either by prison time or financial penalties, for failing to pay its workers,”[48] as of 2006.
In order to get paid, migrant workers must put in sufficient labor time on the construction site. Under Article 65, the UAE Labor Law states that the maximum normal working hours are 8 hours per day, totaling 48 hours per week. However, migrant construction workers often work 14 to 18 hour days, in the scorching 120(Fahrenheit) degree heat. Article 66 of the UAE Labor Law states that workers shall not labor for 5 hours without a break and Article 69 states that the “number of hours of actual overtime shall not exceed two a day.”[49] It is well know that these Laws are always violated, as laborers always work overtime, are given seldom breaks, and are never equally paid for their extra hours of labor. In addition, the UAE Labor Law’s working hours do not include “periods spent by a worker in traveling between his home and place of work.[50] Workers reside on Dubai’s outskirts, which is at least an hour drive from the construction sites and city’s lavish social scene. This means workers may spend up to 3 unpaid hours per day travelling to and from work.
Migrant workers “have great difficulty functioning outside of their own networks and have no access to government agencies or policies.”[51] They are unsatisfied with the horrid working conditions their employers force them to labor in, and therefore turn to public protests and strikes, in hopes to get their voices heard. Public demonstrations and protesting is illegal in Dubai; “when the workers strike as a result, they are jailed.”[52] Political parties, trade unions, and political organizations that may protect migrant works are also illegal. Freedom of assembly is a denied human labor right that confines migrant workers from political participation and involvement in the decision making processes. The UAE is a member country to the International Labor Organization (ILO), but their behavior does not coincide with the ILO’s Conventions on the Freedom of Association and Protection of the Right to Organize (No.87) and the Convention on the Right to Organize and Collective Bargaining (No.98).
Disregarding Dubai’s oppressive regimes, however, “between May and December of 2005, 8 major strikes took place.”[53] Throughout 2006, there were some 20 publically organized demonstrations in Dubai, in front of the Ministry of Labor building.[54] Amnesty International, a prominent worldwide human rights NGO, reported that in August and October of 2008, “hundreds of construction workers went on strike in Dubai to protest against low salaries and poor housing conditions, including a lack of safe water supplies.”[55] All these outbreaks prove that the Minister of Labor’s March 2006 promise for the legislation of a new Law to allow for trade unions and collective bargaining had failed. [56]
On March 11th 2007, workers of ETA Ascon, a company owned by the local Al Ghurair Emirati family of Dubai, sought revolts against their employer because of their low income wages. The companies 3,500 works only earn between 550-650 Dirhams each month. These workers demanded not only pay raises, but an “annual leave of one month and a return air ticket to their home country.”[57] 200 workers were to be deported as a result of the riots, which damaged a company vehicle, injured a company manager, and cost the company some 4 million Dirhams. Those who were allowed to keep their jobs and stay in Dubai received “a pay increase of 2 Dirhams (0.55 US Dollars) per day and a return air ticket home every two years.”[58] This situation is an example of how the migrant workers have little to no human labor rights, amid local Emirati people who seek economic gains at the expense of exploiting their workers.
Employers go unpunished for the unending lists of maltreatments that they enforce to control their migrant workers; “governance gaps between the employer and employee provide the permissive environment for wrongful acts by companies of all kinds without adequate sanctioning or reparation.”[59] More specifically, should a company be caught for breaching the law, in relation to the maltreatment of their workers, they shall only seek a small fine of between 6,000 and 12,000 Dirhams ($1,600-3,200 US Dollars).[60] Employers rarely ever take care of their workers, hence all the documented human rights violations. This leaves the construction workers with no one to turn to for assistance and aid. There is a desperate need to recognize and involve outside sources, should these human labor rights atrocities be punished and put to a stop.
Non-Governmental Organizations (NGOs), which fall under the category of Non-State Actors, are inspired to promote basic human labor rights and change societal norms by improving understandings, documenting violations of human rights, creating and supporting enforcement mechanisms, and implementing policies to solve problems. NGOs date back to various forms of Labor Movements, often focused on helping exploited migrant workers, among various other abused minority groups. In Dubai specifically, NGO’s are desperately needed to help free the migrant construction workers from conditions of slave labor, because governmental agencies and big business conglomerates refuse to do so. All 100 some domestic NGOs within UAE must be registered with the Ministry of Social Affairs, through which they receive financial assistance.[61]
One of the most prominent NGOs in Dubai that works toward irradiating the working conditions for migrant construction workers is the Human Rights Watch (HRW). HRW lies the “legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.”[62] The HRW has been around for roughly 30 years, founded in 1978. As of 1989, one of its prominent divisions has been focused on Middle Eastern countries, hence their involvement in Dubai. The HRW monitors some 70 countries within many subcategories of violation issues, such as labor rights. In addition, the International Committee of the Red Cross (ICRC) is a leading NGO that promotes humanitarian law in foreign countries through the world, including in the UAE. The ICRC recognizes the mistaken choices the UAE federal government and local Dubai municipalities have taken in protecting the voices of their workers.
Promoting, protecting, monitoring, and implementing human rights is of main concern to the United Nation’s Office of the High Commissioner for Human Rights (OHCHR); “the principal forum for negotiating international human rights norms.”[63] It is devised as a forum for counties, non-governmental groups, and human rights defenders. HRW recommends the UAE to develop a tighter relationship with the UN. The UAE is a signatory to the UN, as of December 4th 1971.[64] Therefore, the people residing and laboring within the country, under the UAE Labor Law, are entitled to the UN’s basic human labor rights. The UAE is urged to consider UN International Covenants, such as the Economic, Social and Cultural Rights (ICESCR). The ICESCR seeks “the right of everyone to form trade unions and join the trade union of his choice, for the promotion and protection of his economic and social interests and the right to strike.”[65] The UAE should also consider the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to freedom of association; “everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.”[66]
HRW suggests that the UAE adopt the policies of the UN’s International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICPRMWMF). The UN’s Committee on Migrant Workers (CMW) seeks to enable and enforce rules and regulations under the ICPRMWMF. If properly considered and implemented, it will better enhance, protect, and secure the rights of its migrant construction workforce. The CMW is practiced through independent experts who monitor human rights protections, while states submit reports to the Committee, following up on implemented or ignored human right practices.[67] These Committees can only issue observations, comments, and recommendations based on their concerns for their member states. The way in which the CMW operates is very similar to the UN’s OHCHR and the International Labor Organization (ILO).
Supported by over 180 member states (including the UAE), the ILO works toward ridding work that involves various forms of slavery, such as the working conditions endured by the migrant construction workers in Dubai. The ILO is the first of its kind and was created by the Treaty of Versailles. After WWII, important conventions were created such as “freedom of association, the right to organize and bargain collectively, discrimination in employment, equality of remuneration, forced labor, migrant workers, workers’ representatives, and basic aims and standards of social policy.”[68] Dubai evidently chooses to ignore such procedures. States and national authorities, who chose to follow the ILO’s positive worker enforcements, are to submit reports to the ILO, for the Committee of Experts on the Application of Conventions and Recommendations (CEPCR) review. The ILO’s reporting and monitoring system can only make observations, which are supported and represented by national trade union representatives.[69]
In accordance with following the ILO’s labor laws, HRW raises prominent sections that Dubai needs to focus on; ILO’s Conventions concerning Forced or Compulsory Labour (No.29), Recommendation concerning Migration for Employment (No.86), Convention concerning Migration for Employment (No.97), Convention concerning Abolition of Forced Labour (No.105), the Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (No.143), the Recommendation concerning Migrant Workers (No.151), Conventions
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