Human Rights Watch report 'misleading', says developer TDIC

Abu Dhabi: A Human Rights Watch report on the conditions of construction workers in Saadiyat Island was strongly criticised by the Abu Dhabi leading tourism developer on Tuesday as unfair and misleading.

In a statement, carried by WAM, the Tourism Development and Investment Company (TDIC), "expressed its regret with the HRW report."

The statement said "TDIC fully respects the role HRW plays in campaigning for human rights and has always cooperated with HRW in providing information related to the issues it raises in its report. However, the report not only neglects TDIC's policies, procedures and actions related to workers' welfare, but also makes misleading assertions and false assumptions due to HRW's questionable methodology and flawed research."

In its 2009 annual Corporate Social Responsibility (CSR) report, which the company said was shared with HRW, "TDIC outlined the actions it has taken to protect the rights and welfare of the workers on all its development projects, including the Saadiyat Island," the company stated.

It added: "HRW's report is confusing in its allegations. In fact, construction has not yet begun on the Saadiyat Cultural District where the Guggenheim Abu Dhabi Museum, Louvre Abu Dhabi and Zayed National Museum projects are planned."

Since its establishment in April 2006, TDIC has built up a portfolio of major tourism and cultural projects, some developed under joint venture partnerships. It is chaired by Shaikh Sultan Bin Tahnoon Al Nahyan, who is also Chairman of the Abu Dhabi Tourism Authority, the sole equity stakeholder of TDIC.

The company on Tuesday asserted that it has been building the Saadiyat Construction Village, "one of the most advanced accommodation and living facilities for construction workers in the Middle East with the first 5,000 residents to be welcomed in July 2009."

The statement said TDIC "categorically refutes allegations that it has discouraged or prevented any of its partners or its contractors from co-operating with HRW."

It has in fact shared HRW's concerns with its Cultural District project partners and has forwarded all its communications with HRW to all partners, contractors and other entities, the statement said, adding that it had in no way influenced any contractor in its decision to respond to HRW.

"HRW made a number of claims and observations in its report dealing with specific issues but most of these are already policies that have been implemented by TDIC since its inception though this is not something HRW has recognised in its report," the company said.

The policies include banning the confiscation of workers' passports. The company also bans imposing the illegal so-called ‘visa fees' on workers by outside recruitment agencies. The policies also obliges contractors to pay workers' wages on time and provide healthcare facilities and access to legal services.

"TDIC is open to working with any organisation that wishes to assist in furthering the development of higher standards of workers' welfare policies and procedures," the company said.

Policies implemented by TDIC

Confiscation of passports: TDIC contractually obliges its contractors to comply with existing UAE labour laws which does not allow for the confiscation of passports. Some companies do offer to hold workers' passports for their own security to prevent theft or loss but a worker has the right at any time to retrieve their passport.

Labour recruitment agencies: TDIC, where necessary, uses reputable recruitment agencies and contractually obliges those agencies to ensure no charges are levied on workers. TDIC agrees a fee structure for adequate compensation with each agency and should any worker reveal they have been charged ‘visa-fees' or any other disbursement by an agency, TDIC will take appropriate action under its agreement with the said agency.

Giving workers translation of contracts and time to review before signing: Work contracts from the UAE Labour Ministry are only provided in Arabic and English. However, TDIC accepts this suggestion and will implement the recommendation.

Prompt payment of workers: TDIC's policies and practices related to the welfare of workers oblige its contractors and sub-contractors to fully comply with existing laws and regulations governing labour practices including those related to salary payments. TDIC recommends and encourages its contractors and sub-contractors to provide an efficient and prompt method of payments to its workers. To ease access of payments for workers, TDIC is currently in discussions with a leading local bank to have banking facilities in Saadiyat Construction Village.

Provision of healthcare: TDIC and its respective contractors are obliged to offer adequate healthcare facilities for eligible workers under the UAE law. TDIC is also committing resources to provide a free health clinic and facilities for workers at Saadiyat Construction Village.

Workers' rights to freedom of association and collective bargaining: Freedom of association and collective bargaining are subject to UAE federal law. TDIC and its contractors are obliged to abide by the laws of the UAE and will continue to comply with these regulations and whatever changes or amendments may be made in the future.

Conciliation and mediation proceedings: TDIC is open to investigating this recommendation in consultation with its relevant advisors; however, it must still ensure this recommendation does not breach existing UAE laws.

Investigation of specific cases of breaches of Labour Law, as well as contractors that continue to work with labour agencies or sub-agencies: TDIC's in-house department of Employment Practices Compliance regularly assesses contractor compliance with UAE Labour Law, including spot-checks and one-to-one interviews with labourers.

Access to governmental grievance mechanisms: TDIC cooperates with its contractors to ensure that workers have access to the appropriate office of the Ministry of Labour should they require, and workers are clearly instructed about their right to file complaints without fear of reprisal.

Workers informed of their rights under UAE laws: TDIC cooperates with its contractors to ensure that workers are fully informed of their rights under UAE Labour Law before, during and after the recruitment process.

Make public data on the number and kinds of occupational injuries and accidents on its worksites: TDIC is compiling and will report on safety statistics in its annual CSR report due in the first quarter of 2010.

To see details of the TDIC's annual Corporate Social Responsibility (CSR) report: www.tdic.ae