Artists take a stand on workers’ rights

A petition for the improvement of workers’ rights has re-opened an age-old debate about fair conditions in the construction industry. On March 16, a petition by Human Rights Watch was presented to Abu Dhabi’s Tourism Development and Investment Company (TDIC) and The Guggenheim Foundation, alleging violations of workers’ rights and demanding immediate change on the […]

A petition for the improvement of workers’ rights has re-opened an age-old debate about fair conditions in the construction industry.
On March 16, a petition by Human Rights Watch was presented to Abu Dhabi’s Tourism Development and Investment Company (TDIC) and The Guggenheim Foundation, alleging violations of workers’ rights and demanding immediate change on the site of the US $800 million Guggenheim Museum, on Saadiyat Island.
The petition stipulates the need for a “reputable independent monitor” to visit the Saadiyat Island site and publish reports — “contractual guarantees” for the fair treatment of workers at the site were also requested.
At the time of going to press, more than 130 artists had signed the document; threatening to boycott the landmark museum due to claims of a “cycle of abuse that leaves migrant workers deeply indebted, badly paid and unable to stand up for their rights or even quit their jobs”.
The petition is based on a 2009 report published by Human Rights Watch (HRW), claiming south Asian workers on Saadiyat Island were subjected to “severe exploitation and abuse bordering on forced labour”.
While the TDIC and The Guggenheim Foundation maintain the report pre-dates the measures they have implemented over the last two years, there are still calls for a dedicated Saadiyat Island regulatory body, and further changes to the industry world-wide.
“You can find workers suffering the same rights violations anywhere in the UAE, in fact our work clearly states these issues are widespread throughout all the emirates,” says HRW’s Middle East division spokesperson Priyanka Motaparthy.
“We focused on Saadiyat because we felt we had a chance of achieving impact, since it is a project the international community has more interest in. The artists’ actions draw the attention of a new audience, one that might not typically follow the Middle East, or the issues workers face there,” Motaparthy adds.
Part of the petition reads: “Violations, which threaten to sully the Guggenheim’s reputation, present a serious moral challenge to those who may be asked to work with the museum. No one should be asked to exhibit or perform in a building that has been constructed and maintained on the backs of exploited employees.”
While legislation exists, NGOs are continually vocal on the topic, and the issue continues to haunt the industry — particularly in terms of perceptions from overseas.
“We hope that other companies will see TDIC and its Saadiyat Island partners raising standards and actually following the laws intended to protect workers’ rights — laws that currently are not widely implemented,” Motaparthy adds.
Last year, New York University demanded all companies involved in the construction of its new campus, also on Saadiyat Island, adhered to a number of regulations concerning working hours, pay and the retention of passports and other travel and insurance documents.
The Bigger Picture
While some in the industry cite economic hierarchies within organisations and global economic
conditions as justification for the alleged mis-treatment of workers, pro-rights groups do not agree.
Some allegations against the wider industry include poor pay and conditions, imposed debts, customary confiscation of travel documents and the denial of basic rights; compounded and perpetuated by a lack of enforcement regarding existing regulations.
“It is this control which has created the abuse and exploitation which threatens to do serious and long-lasting damage to the Gulf’s reputation,” says Nick McGeehan, director of migrant workers’ rights organisation, Mafiwasta.
The majority of construction workers are employed via recruitment days, held across the Indian Subcontinent. Those wanting to work for the Middle East’s major contractors are asked to complete tasks such as building small walls.
Yet according to one source, returning workers have relayed such negative accounts of their experiences, some prospective labourers now refuse to attend the recruitment days held by
some of the largest contractors.
“The construction industry would benefit hugely from raising standards in living and working conditions for its workers. A workforce that is paid fairly and treated with dignity poses no threat, economic or otherwise, to the construction industry, yet an unhappy workforce, treated inhumanely, poses a severe threat to the well-being of the sector,” Mafiwasta adds.
Demanding change
The responsibility of worker’s welfare in this project is shared between the TDIC and Guggenheim Foundation, who in response to the allegations, issued a joint statement on March 17.
The statement (see box) claims a “deep commitment to safeguarding the rights and welfare of employees at the Guggenheim Abu Dhabi Museum site”, and details an inspection-style visit from foundation and museum director Richard Armstrong, last autumn.
The workers’ accommodation, built by TDIC and located on Saadiyat Island, is said to have set a high standard for similar accommodation region-wide. However, HRW maintains the “robust, independent monitoring programme” jointly pledged by both organisations has yet to materialise.
The programme was due in the early stages of construction; following the petition it is now scheduled to be established this May. TDIC’s joint statement says these claims “pre-date” their own announcements regarding the establishment of a monitoring body. TDIC call the petition misinformed”, maintaining that steps have been taken with regards to recruitment fees, wages, health insurance accommodation and retaining passports.
The Guggenheim Foundation say: “The Foundation is firmly committed to working to protect workers’ rights on the Guggenheim Abu Dhabi Museum site.
“Very important steps have been taken over the past six months that demonstrate this commitment.”
“TDIC may offer workers benefits that go beyond the requirements of local UAE law, however they don’t protect all of the rights workers as guaranteed under international human rights and labour law,” says Motaparthy.
“For example, the freedom of association, including the freedom to form trade unions, and the right to collective bargaining is one of the four core labour rights set by the International Labour organisation, yet TDIC does not protect this right for workers on Saadiyat Island,” Motaparthy adds.
“It’s an important stand these artists are taking,” asserts McGeehan, adding: “It says to policy- makers and business leaders in the region that the presence of global brands and institutions, such as The Guggenheim Foundation, must be accompanied with a basic standard of rights for workers.
“The commendable actions of the artists puts this issue centre stage, where it belongs.”
Highlights from the joint response issued by the Guggenheim Foundation and TD IC
Accommodation: Workers live at the Saadiyat Island Construction Village, described as: “spacious, comfortable, clean and climate controlled living”
Contac t Centre: A confidential service exists for workers to obtain information and report grievances.
Wages: All “wages, benefits and dues” are to be paid electronically “at least once a month”.
Workin g hours: The maximum working hours will not exceed eight hours a day, under UAE labour laws.
Recruitment fees: Only the contractor is liable for recruitment expenses and workers must be reimbursed for any costs incurred.
Annual leave: All workers are entitled to 30 calendar days paid annual leave, with round trip costs from the UAE to a worker’s home country covered by the contractor every two years.