Osama Abu al-Saud
MP Engineer Adel al-Kharafi announced his adoption and support of the proposed new law regulating trade union activity. He said he had reviewed some of its main provisions and agreed with some articles, stressing that “bringing this proposal to the National Assembly for discussion is a healthy development.”
At a seminar entitled “The New Trade Union Organization Law in Kuwait,” organized by the Kuwait Trade Union Federation at its headquarters in Maidan Hawalli the day before yesterday, al-Kharafi said some MPs would support the proposal and others would oppose it, “which is natural.” He said: “Differences within the assembly reflect maturity. In the end, the majority view prevails, and this is the democracy we seek.”
He said he was “against appointments and against domination of bodies or unions by any government authority.” He added: “Although some associations and unions do not satisfy us, that does not mean we should deny their existence. We must work for transparency and the right to representation, even for minorities.” He said the law’s provisions were open to discussion and that his attendance supported freedom of opinion and thought.
Layoffs of national workers
Regarding the dismissal of Kuwaiti employees from the private sector, al-Kharafi said: “This depends on private-sector contracts with government agencies, which require projects to be completed within a specified period. Once a project ends, the company may no longer need those workers, which is natural.” He explained: “Ultimately, the issue comes back to the contract between the business owner and the institution, and between the business owner and the employee. What matters is correcting these contracts and their guarantees, because workers’ rights are tied to their contract with the employer.”
He stressed that “the government cannot employ all citizens. The private sector must find continuity for employees, and that is the difficult equation. Unions must also find solutions to these problems because they are independent bodies whose decisions and proposals are not influenced by others and ultimately serve employees’ interests.”
Al-Kharafi said: “A democratic institution naturally accepts all opinions. A law such as the trade union regulation law deserves respect and consideration. A member can adopt it and submit it as a legislative proposal to the executive after members discuss and agree on it.”
On disagreements among unions and federations, he said differences among organizations and political and professional movements were normal in any country. The National Assembly had no role in these movements because they fell under the executive. He added that the trade union law was currently with the assembly’s Legislative Committee, but its discussion date was unknown because more than 400 bills awaited debate according to priority.
Falling oil prices
Discussing government measures in response to lower oil prices, al-Kharafi said the government had acted strongly to rationalize spending. He believed oil-sector leaders at all levels could read the global market, although the decline had been anticipated and might reflect increased production, regional conditions or an economic conflict arising from differing views. He stressed that Kuwait’s leadership could cope with the decline and recalled a similar crisis when a barrel of oil reached $7.
Regarding subsidy cuts and other measures, he said employment spending under Chapter One and then subsidies would naturally remain subjects of debate and disagreement. He stressed that “the state cannot possibly continue spending this way and cannot accommodate every citizen in government employment.”
He stressed the need to find alternatives without harming low- and middle-income people, as the Emir had said. As an example, he proposed reducing electricity subsidies only for consumption above customary levels.
On alternative sources of revenue, he said he had heard about this direction for 20 years but had yet to see real government solutions or alternatives that inspired confidence. He acknowledged that attempts had been made and that the investment authority had met with MPs more than once, but said efforts remained below expectations.
Constitutional Court ruling
Regarding the Constitutional Court’s ruling invalidating the Anti-Corruption Authority Law, al-Kharafi said: “It is saddening that we, as a state, issue legislation and establish bodies and laws at this level, only to discover afterward that they are wrong.” He said the National Assembly would move to pass a new law.
On the supplementary armaments budget, he said the assembly had reduced it from six billion to 3.2 billion, adding that the current regional situation required awareness of its significance and seriousness.
Kuwait was a pioneer
Petroleum Workers’ Union chairman Salem Shabib al-Ajmi welcomed those present and noted that Kuwait had pioneered trade union organizations in the region since the early 1960s. Despite more than 50 years since the Kuwaiti trade union movement’s establishment, it still lacked its own dedicated law, while many countries newer to union organization had introduced such laws long ago.
He said regulation had been left to the provisions in Chapter Thirteen of the old private-sector Labor Law No. 38/64, then Chapter Five of the new Law No. 6/2010, together with international labor conventions guaranteeing the right to organize and conduct union activity. These remained the only legislative frameworks for Kuwaiti trade union organization, and they were brief and incomplete.
He added: “This situation allowed some union leaders to exploit their positions to dominate organizations, eliminate the role of the membership, general assemblies and general conferences, and destroy free elections and democratic practice. Appointments and unopposed nominations took their place, turning unions and organizations into private fiefdoms or shops dominated by people unrelated to genuine union and worker representation. They impose themselves at the head of union organizations for long periods and pursue their selfish individual interests without accountability or oversight.”
He continued: “That era of domination has ended for good. We are now in a phase of actual union reform and restoring our movement’s true democratic nature. This requires work on two levels. First, reform each union from within, activate the general assembly and internal regulations, reject unilateral control and selfishness, and restore democratic leadership elections and free competition open to every member of the cadre without exception.”
The second level, he said, was “to create legal and legislative frameworks for union activity nationally, preventing anyone from tampering with this voluntary democratic structure at every level, from grassroots unions to professional federations and the General Federation of Kuwait Workers.”