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U.S. House: Vote NO on U.S.-Oman Free Trade Agreement!
The U.S. House may soon vote on H.R. 5684, legislation to implement the U.S.-Oman Free Trade Agreement (FTA). The AFL-CIO strongly opposes this flawed trade agreement and urges its supporters to contact legislators to ask for a NO vote.
After Congress passed the Central American Free Trade Agreement (CAFTA) in 2005 by the narrowest
of margins, the Bush Administration's Office of the United States Trade Representative (USTR) publicly committed to working with Democrats to address their concerns.
Unfortunately, nothing has changed. The labor language in the Oman FTA is identical in every important respect to the problematic and inadequate labor rights language contained in CAFTA.
Problems with the new Oman FTA include:
- It requires only that nations enforce their
own labor laws.
- It offers no assurance that existing labor law problems will be resolved, and it allows
labor laws to be weakened or even eliminated in the future, with no possibility of recourse short of
exiting the entire agreement.
While business interests are protected under this agreement, the labor and environmental provisions are unacceptably weak and ineffectual.
Also, flawed provisions on services, investment,
government contracts, and intellectual property rights will undermine the ability of both governments to protect public health, strong communities, and the environment.
Oman's current labor laws fall far short of International Labor Organization (ILO) core labor
standards, and the AFL-CIO remains deeply concerned about the lack of fundamental protections for Omani workers in both law and practice. Despite some improvements made to Oman's legal framework, Oman's labor laws today do not provide for the exercise of the most important and fundamental workers' rights: freedom of association and the right to organize and bargain collectively. There are no independent unions in Oman today.
Congress should at the very least delay further proceedings on the Oman FTA until after these
important changes have been fully implemented. It is essential to see the precise legislative language
before it can be ascertained whether or not the reformed laws do actually meet ILO standards.
Also, Oman has no history of a labor movement. Employers in Oman must be educated on the role of worker representatives in fostering positive employment relations. Worker representatives must be given the tools, opportunities, and time to organize workers into fully functioning trade unions and fulfill their responsibilities to protect worker rights. We can expect that this will take some time in Oman, as worker rights there were virtually non-existent, lagging far behind even Bahrain.
Further, if Oman's labor laws are brought fully into compliance with ILO standards over the coming months, the U.S. government would have absolutely no recourse to dispute settlement or enforcement if a future Omani ruler were to reverse those gains and weaken or gut Oman's labor laws after Congressional passage of this FTA. And because Oman is not a democracy, its workers do not have any voice in electing their government and would not be in a position to vote out of office a regime that chose to weaken its labor laws.
Given Oman's historic failure to respect core workers' rights and the troubling inadequacies in its current
laws, it is especially problematic to implement an FTA with weak labor protections at this time.
American workers are willing to support increased trade if the rules that govern it promote fairness, stimulate growth, create jobs, and protect fundamental rights. We urge Congress to vote against this U.S.-Oman FTA and begin work on a more just economic and social relationship with Oman.
| Sample Letter for Campaign |
Subject: Vote NO on U.S.-Oman Trade Agreement
Dear [ Decision Maker ] ,
The U.S. House may soon vote on H.R. 5684, legislation to implement the U.S.-Oman Free Trade Agreement (FTA). As a working American sponsored by a trade union, I strongly oppose this flawed trade agreement and ask that you vote NO on H.R. 5684.
While business interests are protected under this agreement, the labor and environmental provisions are unacceptably weak and ineffectual.
The Oman FTA does not offer protections for workers. It requires only that nations enforce their own labor laws. It allows labor laws to be weakened or even eliminated in the future, with no possibility of recourse short of exiting the entire agreement.
Other problems with the U.S.-Oman FTA on issues like government services and contracts mean both countries will have difficulty protecting public health and the environment and building strong communities.
Despite some improvements made to Oman's legal framework, Oman's labor laws today do not provide for the exercise of the most important and fundamental workers' rights: freedom of association and the right to organize and bargain collectively. There are no independent unions in Oman today.
Also, Oman has no history of a labor movement. Employers in Oman must be educated on the role of worker representatives in fostering positive employment relations. Worker representatives must be given the tools, opportunities, and time to organize workers into fully functioning trade unions. We can expect that this will take some time in Oman.
Because Oman is not a democracy, its workers do not have any voice in electing their government. Even if proposed changes are made, Omanis would not be in a position to vote out of office a regime that chose to weaken its labor laws.
Congress should at the very least delay further proceedings on the Oman FTA until precise legislative language is made available.
American workers are willing to support increased trade if the rules that govern it promote fairness, stimulate growth, create jobs, and protect fundamental rights. I urge you to vote against this U.S.-Oman FTA and begin work on a more just economic and social relationship with Oman.
Sincerely,
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Campaign Launched:
July 15, 2006
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More important information
from www.aflcio.org/issues/jobseconomy/
Oman's Labor Laws Fall Far Short Of International Standards
The labor laws of Oman simply do not protect the fundamental rights of workers. At this time, Omani workers are unable to form independent unions or to bargain collectively. Instead, the employer decides which benefits, if any, the workers shall enjoy. The law is completely silent on the right to strike. The constitution and labor laws do not prohibit the use of forced labor for public services, and the worst forms of child labor, such as camel jockeying, are still permitted in law and practice. As the 2006 State Department Report on Human Rights Practices explains, some foreign workers are trafficked and may be put in situations amounting to forced labor. Employers are known to withhold documents that would allow foreign workers to change employers, putting them at risk of detention and deportation.
Finally, the constitution vests in the Sultanate the absolute power to issue and ratify laws. Thus, the labor laws that exist today could easily be weakened or revoked.
Below are some of the most troubling aspects of the current labor law as to each of the internationally recognized worker rights set forth at 16.7 of the U.S.-Oman Free Trade Agreement. A full analysis of the labor law is also available from the AFL-CIO.
Freedom of Association
There is no right to form independent unions in Oman. The law does provide for the formation of Representative Committees in the private sector; however, the law allows substantial interference by the government in the internal affairs of these committees, such as the election of leaders and the drawing up of charters. A requirement that leaders have good spoken and written Arabic language tends to disqualify non-Arab workers from leadership positions. In a flagrant violation of ILO standards, government officials must be invited to decision-making meetings and provided relevant documents in advance.
Additionally, Representative Committees may only affiliate with the Main Representative Committee (MRC). In 2005, the government interfered directly in the selection process for the MRC's initial membership, appointing several business leaders to leadership positions. Finally, the law expressly forbids Representative Committees from joining international worker organizations, or even to receive delegations from such organizations. The MRC may only do so with prior, written authorization from the Minister of Manpower.
Collective Bargaining
The right to bargain collectively does not exist in Oman today. Under Article 6 of the Labor Law, the employer may provide to his/her employees benefits that are more generous than provided by law and/or conclude agreements covering conditions of work. The employer is under absolutely no obligation to do so. There is no language specifically prohibiting anti-union discrimination, or appropriate sanctions for such violations.
Right to Strike
Although the law was amended in 2004 to remove the prohibition on strikes, there is nothing in the current law permitting them either.
Forced and Compulsory Labor
While the labor law regulates hours of work, it has no language related specifically to forced labor. Part 2, Article 12 of the Basic Law provides, however, that compulsory work may be used "for the performance of public service." The use of forced or compulsory labor for public service, even if remunerated, was held to be prohibited shortly following the ratification of ILO Convention 29 in 1930. Forced or compulsory labor is permitted today in only the most limited of circumstances (military service, prison labor, jury duty, etc.) and only then if certain stringent requirements are met.
Child Labor
In most cases, the labor law prohibits the use of child labor under 15 and places restrictions on child labor between the ages of 15 and 18. However, the use of child labor for camel jockeying, deemed one of the worst forms of child labor due to the hazards it poses, continues in law and practice. In 2005, Oman raised the minimum age for camel jockeys to 14, to increase one year each year. In 2006, the minimum age will rise to 15 years of age. However, ILO Convention 182 calls for the prevention of child labor in such activities. Camel jockeying should only be conducted by persons of 18 years of age or older. The penalty for violating the child labor laws is also unacceptably low.
Acceptable Conditions of Work
The Ministry of Manpower sets the minimum wages. The minimum wage for most citizens is approximately $260 per month, with $52 for transportation and housing. The minimum wage is insufficient to provide a decent standard of living for a worker and family. Also, the minimum wage does not apply to all workers, such as those employed by small businesses with fewer than five employees, domestic servants and some manual laborers. Although the law sets maximum hours and days of work, it contains numerous exceptions that could lead to the imposition of excessive overtime.
Conclusion
The AFL-CIO strongly opposes the U.S-Oman Free Trade Agreement. Under 16.2(a) of the agreement, the Sultanate of Oman is obligated only to "effectively enforce its labor laws." The laws currently on the books are unacceptable, and leave workers will few mechanisms to express their voice at work, much less improve their conditions. Although the Sultanate has made promises to change some of its laws, there is no guarantee that any such changes will be made, or that they will be made in accordance with ILO standards. Most troubling, since the agreement?s provisions against weakening labor laws are not subject to enforcement, workers have no assurance that the few protections they have today will be the protections they have tomorrow.
For more information, please contact Jeff Vogt, Global Economy Specialist, AFL-CIO, (202) 637-3904.
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