2010 Annual Survey of violations of trade union rights – Lebanon

Population: 4,200,000
Capital: Beirut
ILO Core Conventions Ratified: 29 – 98 – 100 – 105 – 111 – 138 – 182

The authorities have broad powers to control trade unions. Many migrants, particularly domestic servants, and Palestinian workers lack trade union rights and are poorly treated. Despite the right to strike being restricted, workers went on strike at Kadisha Electricity Company and the UN agency for Palestinian refugees (UNRWA).

Trade union rights in law

Trade union rights are not adequately secured, although a new draft amendment to the Labour Code would improve the situation somewhat. The law recognises the right of workers, except government employees, to set up and belong to trade unions. However, prior authorisation is needed from the Ministry of Labour in order to form a trade union. The Ministry also controls all trade union elections, including the date of the election, the procedure and the ratification of the results. Furthermore, unions are prohibited from engaging in any political activity, and the law permits the administrative dissolution of trade unions.

The thresholds for engaging in collective bargaining are high, and all collective agreements must be ratified by two-thirds of the union members at a general assembly.

Although the right to strike is recognised, it is limited by the obligation to announce the number of participants in advance, as well as by the requirement that 5% of the union’s members be given responsibility for maintaining order during the strike. The organisers of a strike must also sign a document whereby they assume full responsibility for all damages that occur during a demonstration.

Trade union rights in practice and violations in 2009

Background: Political tensions in the country make it difficult to carry on trade union activity independently of political manipulation. In November, a new coalition government was finally formed ending five months of deadlock since the elections in June. The deadlock over the new government had threatened Lebanon’s stability. Security forces continue to detain opponents and suspects without charge or trial.

Government interference: The government has often interfered in trade union affairs, instigating or aggravating conflicts within the trade union movement. Senior politicians have managed to have their nominees placed on the governing body of the Lebanese General Workers Union (CGTL), causing friction within the union when it opposes government policy.

Migrant workers abused and excluded: An estimated 200,000 domestic workers, primarily from Sri Lanka, Ethiopia and the Philippines, remain essentially outside of crucial labour laws and subject to exploitation and frequent abuse by employers and agencies including non-payment of wages, forced confinement to the workplace, no time off, and verbal or physical abuse. The sponsorship system ties the worker’s residency to a specific employer, making it very hard for a domestic worker to change employers, even in cases of abuse. Once employment is terminated the worker loses residency, making it difficult to file complaints because workers’ fear detention owing to their illegal status. According to UN sources, 80 Ethiopian women have been in Tripoli Women’s Prison for over a year, accused of not having a passport, which was either taken from them when they started as domestic workers, or which they never had in the first place. Most were arrested after running away from their employers – usually because of abuses.

Between October and November alone, at least nine deaths from suicides or botched escapes were reported. As a result, in November, Nepalese authorities stopped permitting domestic workers to go to Lebanon.

During the year, the government issued a decree obliging employers to follow certain rules for domestic workers, including paying the salaries of their employees in full and giving them a day off.

Palestinians denied many rights: There are approximately 400,000 Palestinian refugees in Lebanon, which accounts for 11% of the Lebanese population. Palestinians are not allowed to form trade unions, as there has to be a reciprocal arrangement with their home state. They are also excluded from many professions reserved for Lebanese nationals, although there have been recent improvements, with more professions opening up to Palestinians.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec6dc&skip=0&coi=LBN&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Lebanon

Population: 4,100,000
Capital: Beirut
ILO Core Conventions Ratified: 29 – 98 – 100 – 105 – 111 – 138 – 182

Political tensions in the country make it difficult to carry on trade union activity, independently of political manipulation. The government called on the army after a general strike was called in May that coincided with the aggravation of internal political tensions. Many migrant workers, particularly domestic servants, and Palestinian workers lack trade union rights and are poorly treated.

Trade union rights in law

Freedom of association: The law recognises the right of workers, except government employees, to set up and belong to trade unions and federations. However, domestic workers, day workers and temporary workers in the public services, and some categories of agricultural workers are not covered by the country’s labour code.

Broad powers of interference: The law confers broad powers on the Ministry of Labour, whose authorisation is required prior to the setting up of a trade union of any kind. Moreover, the Ministry controls all trade union elections, including the date of the election, the procedure to be followed and the ratification of the results.

The law also permits the administrative dissolution of trade unions and forbids them to engage in any political activity.

Right to collective bargaining: Collective bargaining is recognised in law. However, a minimum of 60% of workers must agree before a union can engage in collective bargaining. Collective agreements must be ratified by two thirds of union members at a general assembly. A draft amendment to the Labour Code reduces the threshold to 51% and gives government employees the right to bargain collectively. However, it had not become law by the end of the year.

Right to strike – restrictions: The right to strike is limited by the obligation to establish the number of participants in advance and the requirement that five per cent of the union’s members be given responsibility for maintaining order during the strike. The organisers must sign a document whereby they assume full responsibility for all damages occurring during the demonstration.

Anti-union discrimination: The law does not adequately protect workers against anti-union discrimination, although fines for infringing labour legislation are relatively high. A draft amendment to the Labour Code prohibits any discrimination on the grounds of trade union membership, but this had still not become law by the end of the year.

Trade union rights in practice and violations in 2008

Background: Political tensions have resulted in a faltering economy. Against this background it is difficult to carry on independent trade union activity, as there are accusations that strikes are designed to overthrow the government.

Government interference: The government has often interfered in trade union affairs, instigating or aggravating conflicts within the trade union movement. Senior politicians have managed to have their nominees placed on the governing body of the CGTL, causing friction within the union when it opposes government policy.

Demonstration by workers banned owing to political tensions: The unions focused their action during the year on their demand to upgrade wages, which had been stagnating since 1996. As they felt that the negotiations were getting nowhere the union centre called a general strike for 7 May, which attracted a lot of support. Owing to the very tense climate in early May, resulting from the political and institutional crisis in Lebanon, the general strike led to a major deployment of the police and armed forces and the demonstration called by the union centre was banned.

Migrant workers: As in other countries in the Middle East, there are many migrant workers, many of whom suffer from a lack of legal protection. Some of them are working in conditions close to slavery. There were reports that the Ethiopian and Philippine governments had banned their citizens from working in Lebanon because they were so badly treated.

There are an estimated 100,000 female domestic workers who are particularly badly treated, so the government has announced plans to draw up a standard contract for them. In August, Human Rights Watch issued a news release saying that domestic workers are dying at a rate of more than one per week. Most of these deaths were from suicides or botched escapes.

Palestinians denied many rights: There are approximately 400,000 Palestinian refugees in Lebanon, who make up 11% of the population. They are not allowed to form trade unions, as there has to be a reciprocal arrangement with their home state. Palestinians in Lebanon are considered to be stateless people. They are also excluded from many professions reserved for Lebanese nationals, although there have been recent improvements, with more professions opening up to Palestinians.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cadec&skip=0&coi=LBN&querysi=trade&searchin=title&display=10&sort=date