Taking Stock for a New European Neigbourhood Policy: Decent Work, Social Protection and Freedom of Association - Brie ng #70 - Solidar
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Briefing #70 Taking Stock for a New European Neigbourhood Policy: Decent Work, Social Protection and Freedom of Association EU-level initiatives on
TABLE OF CONTENTS
Foreword 3
Recommendations 4
Framing Social Justice in the MENA Region 5
Setting Monitoring Benchmarks 7
Progress Monitoring Report 2014 11
Conclusion 21
Country Reports 2014
Algeria 22
Egypt 29
Jordan 43
Lebanon 50
Morocco 59
Palestine 67
Tunisia 77
Responsible Editor: Conny Reuter
Authors: Maurice Claassens and Mabel Grossi
Design: Ischi Graus
With contributions by:
Alianza por la Solidaridad (ApS), ARCI / ARCS,
Confederazione Generale Italiana del Lavoro (CGIL), Movimiento Por la Paz (MPDL)
Norwegian People’s Aid (NPA), Public Services International (PSI), Solidarité Laïque
Algeria, Cultural Association AMUSNAW
Egypt, The Egyptian Center for Economic and Social Rights
Jordan, East and West Center for Human Resources Development (WE Center); TAMKEEN
Lebanon, The Arab NGO Network for Development (ANND)
Morocco, Réseau Marocain de la Jeunesse et la Concertation (REMAJEC);
Association BADES d’animation sociale et économique
Palestine, Democracy and Workers’ Rights Center in Palestine
Tunisia, Fondation Ahmed Tlili Pour la Culture Démocratique (ITUC)
SOLIDAR is a European network of 60 NGOs working to advance social justice in Europe and
worldwide. SOLIDAR lobbies the EU and international institutions in three primary areas: social affairs,
international cooperation and education.
For more information see: www.solidar.org
The Arab NGO Network for Development (ANND) is a regional network, working in 12 Arab coun-
tries with nine national networks (with an extended membership of 250 CSOs from different This publication has been
backgrounds) and 23 NGO members. ANND was established in 1997 and its headquarters is located produced with the assistance of
in Beirut, Lebanon since 2000. ANND aims at strengthening the role of civil society, enhancing the the European Union. The content
of this publication is the sole
values of democracy, respect of human rights and sustainable development in the region. ANND
responsibility of the author(s) and
advocates for more sound and effective socio-economic reforms in the region, which integrate the can in no way be taken to reflect
concepts of sustainable development, gender justice, and the rights-based approach. the views of the European Union.
***To be edited version***
Published November 2014
© SOLIDAR
Foreword
On the occasion of the publication of the European Commission Progress Report on the
implementation of the ENP in the MENA region for 2014, SOLIDAR together with the Arab NGO
Network for Development (ANND), with the support of its members and their partners in the
MENA region, conducted an extensive consultation process between April and October 2014,
providing an opportunity to comment on the progress reports produced by the European
Commission. This briefing paper collects the findings documented in 7 country reports for
Algeria, Egypt, Jordan, Lebanon, Morocco, Palestine and Tunisia.
Despite progressive changes after the Arab Spring, the briefing paper points at several enduring
challenges: women's rights remain under pressure. Violations of freedom of expression and
media freedom are persisting and the enabling environment for civil society and trade
unions to register, organize, access funding and initiate activities is shrinking.
From a social perspective the region is faced with the highest youth unemployment rate in the
world and reforms are needed in the fields of healthcare and education. Especially the
universality and quality principles to access social and public services are far from respected
when talking about basic social security guarantees. Moreover, the question of migrant
workers is persistent – both in terms of domestic workers working under extremely precarious
conditions and the role of the EU with its approach to asylum and migration.
Last but not least, it is also worth mentioning that the enduring Syria crisis puts pressure on the
societies in the region and in particular the access to the public sector. The recent War on
Gaza, leaving people in destruction and devastation that demands more humanitarian action
from Europe.
The start of a new European leadership after the European Elections 2014, with the
appointment of the new Commissioner for European Neighborhood Policy and Enlargement
negotiations, represents a renewed opportunity to take stock for a revised European
Neighborhood Policy; a policy that can promote social justice in the region through
contributing to the progressive realization of economic, social and cultural rights; freedom of
association and a enabling environment for civil society and trade unions; access to universal
and comprehensive social protection systems; and inclusive socio-economic development and
public investment.
Conny Reuter
Secretary General SOLIDAR
Taking stock for a new European Neighbourhood Policy | 3
Recommendations
The Arab Spring has fundamentally changed the political landscape of Europe’s Southern
neighborhood – the Middle East and North Africa (MENA) – and clearly revealed the need for a
new social contract based on respect for fundamental freedoms, dignity and rule of law, in
addition to the revision of social and economic policies towards ensuring inclusive development
and economic and social justice. In the aftermath of the uprisings, the EU offered its Southern
Mediterranean partner countries “A partnership for democracy and shared prosperity” in the
context of the revised European Neighborhood Policy (ENP) that focused on democratic
transformation and inclusive growth. However, despite high expectations and after more than
two years, the revolutions have thus far been unable to produce consolidated and stable
democracies and an unsustainable growth-based economic model remains being promoted by
national actors, while widespread non-democratic practices are still hindering the transition
towards multiparty democracy.
This briefing paper was produced in line with SOLIDAR’s efforts to mobilize for social justice by
supporting the democratic transition taking place in the Middle East and North Africa through the
promotion of universal and comprehensive social protection. On the occasion of the publication
of the European Commission Progress Report on the implementation of the ENP in the MENA
region for 2014, SOLIDAR together with the Arab NGO Network for Development (ANND), with
the support of its members and their partners in the region, conducted an extensive consultation
process between April and October 2014, providing an opportunity to comment on the progress
reports produced by the European Commission.
On the occasion of publication of this briefing paper SOLIDAR presents policy
recommendations on how to advance the European Neighborhood Policy in promoting social
rights and social protection in the MENA.
Our main recommendations to strengthen the ENP in the Southern Mediterranean are:
I. The ENP should ensure the full respect for human rights and fundamental freedoms, in
particular the progressive realization of economic, social and cultural rights (ESCR)
as well as the ratification of the Optional Protocol to the International Covenant on
ESCR;
II. The ENP should promote freedom of association and a enabling environment for
civil society and social partners to work with national, regional and local authorities to
design together effective strategies that guarantee for all decent working conditions,
social security, accessible and quality healthcare and social services, as well as
accessible and quality education and lifelong learning.
III. The ENP should support a stronger focus on access to universal and comprehensive
social protection systems including floors (as per ILO Recommendation 202) in
particular the rapid implementation of national social protection floors containing basic
social security guarantees that ensure universal access to essential services and income
security at least at a nationally defined minimum level for all;
IV. The ENP should promote more inclusive socio-economic development and public
investment, based on mutual accountability between the governments in the region and
its citizens. For that reason the ENP has to continue strengthening the capacity of civil
society and enable them to act as proponents for social justice, and create together
effective employment strategies, job creation and basic social security guarantees.
Taking stock for a new European Neighbourhood Policy | 4Framing Social Justice in the MENA Region
The EU is a major external actor that guarantees freedom of expression and
operates as a stabilizer for its MENA association, alongside effective and
partners in need of democratic transition meaningful participation.
and socio-economic development. The
European External Action Service (EEAS) In the context of its European Neighborhood
and the European Commission (EC) have Policy (ENP) the EU has provided aid for
worked hand in hand to ensure that numerous projects and programs in the
diplomatic efforts and EU policy instruments region targeting the root causes of poverty
are fully and coherently deployed to achieve and social exclusion; however the
the best results on the basis of a 'more for successes of the EU engagement in the
more' approach and the promotion of ‘deep region have been mixed due to various
democracy. reasons; the MENA region still document
severe violations of freedom of association;
The start of a new European leadership ad-hoc and unsystematic CSO
after the European Elections 2014, with consultations for policy making; low levels
the appointment of the new of women’s participation in national politics
Commissioner for European and job markets, alongside worrying
Neighborhood Policy and Enlargement deficiencies in the labor sector. These are
negotiations represents a renewed characterized by high unemployment rates,
opportunity to take stock for a revised high poverty levels and social exclusion,
European Neighborhood Policy. and deteriorating migrant workers’ rights
and high unemployment rates, informal and
According to the mission letter for the new poor jobs, especially among women and
Commissioner, this will aim at “developing young people, coupled with a widespread
and strengthening our neighborhood policy lack of economic, social and cultural rights
to promote stability at Europe’s borders and and the absence of comprehensive and
help neighboring countries to develop and inclusive social policies. The region is also
support stable democratic institutions and to facing the lack of reliable statistics regarding
become more prosperous, by drawing the economic and social conditions, therefore
full benefit from their association severely increasing the risk to develop
agreements with the EU. The European inappropriate social and economic policies.
Neighborhood Policy should appropriately As a matter of fact, a large part of the
distinguish between the specific situations population in the MENA region still works in
of different parts of Europe’s the informal sector which is not included in
neighborhood”.1 available data. These informal sector
workers are the most vulnerable as they
In the perspective of SOLIDAR, the lack social protection of any kind and their
political transformations and reform earnings go unaccounted and untaxed.
processes taking place in the MENA
region will be prosperous and Against these profound challenges, the
sustainable only if they are accompanied European Union (EU) needs to consider the
by economic and social development for social impact of its external policies better
all, and by the development of an and place stronger support on the social
alternative socio-economic model which dimension of the Neighborhood Policy in the
prioritizes equal, just and years to come.
comprehensive development, and
There is strong evidence that universal
1
http://ec.europa.eu/about/juncker- social protection can bring numerous
commission/docs/hahn_en.pdf benefits to developing countries moving
Taking stock for a new European Neighbourhood Policy | 5towards a democratic transition2. These Despite that, Arab States have so far
include producing better redistribution and adopted a short-term fragmented and
progressive financing mechanisms; targeted approach to social protection,
reducing poverty and inequality; enhancing resulting in the increased commercialization
economic growth through investments in of social services, as well as to a greater
education and health to boost human capital reliance on social safety nets3. In addition,
development. In this context, the adoption of one greater deficiency in social policies in
the Recommendation of the ILO 202 in June the Arab region is linked with the local
2012 proved the existence of a global-wide governments‘ inability to compel the private
consensus on the right of every person to sector to abide by local law regarding
have access to a social protection floor (to minimum wage or social schemes, resulting
be defined nationally) and that these floors in making people more dependent on
should comprise four basic social security informal economy.4
guarantees:
access to a nationally defined set of The two basic indicators to “measure” the
goods and services, constituting efficiency of a functioning democratic
essential health care, including system are its ability deliver economic and
maternity care, that meets the social policies that can create an enabling
criteria of availability, accessibility, environment for citizens to freely associate
acceptability and quality; and participate in decision-making
processes, all the while allowing the
basic income security for children, at progressive realization of economic, social
least at a nationally defined and cultural rights (ESCRs) on the one
minimum level, providing access to hand, and the capacity to generate decent
nutrition, education, care and any and sustainable jobs for all.
other necessary goods and services;
basic income security, at least at a For this reason, SOLIDAR together with
nationally defined minimum level, for members and partners organizations have
persons in active age who are identified two thematic priorities and six
unable to earn sufficient income, in benchmarks to frame social rights and
particular in cases of sickness, social protection in the MENA region by
unemployment, maternity and addressing the root causes of people’s
disability; impoverishment and inequalities in the
region:
basic income security, at least at a
nationally defined minimum level, for a. Freedom of Association and
older persons. Peaceful Assembly
The right to social security is also enshrined b. Decent Work and Social
in Article 22 of the Universal Declaration of Protection.
Human Rights and article 9 of the
International Covenant on Economic, These thematic priorities have been
Social and Cultural Rights and thus it established during three seminars held by
stipulates that states are legally obliged to
3
establish social protection systems. Arab Human Development Report, « Social protection in
the Arab Region : emerging trends and recommendations »,
Research Paper Series, 2014.
4
ANND- UN ESCWA-ARADO Regional forum « Addressing
social and economic inequality : the need for a new
2
ILO World Social Protection Report, 2014-2015 paradigm », Outcome document, June 20414.
Taking stock for a new European Neighbourhood Policy | 6the SOLIDAR International Cooperation
Forum in Brussels (June 2012), Amman
(November 2012) and Tunis (March 2013)
with participants representing civil society
and trade unions from the region.
The proposed benchmarks represent
SOLIDAR’s attempt to bridge past efforts
to mobilize for social justice by
promoting freedom of association and
social protection in the MENA region.
Through this comprehensive approach,
SOLIDAR believes that the EU could
make a more progressive use of the
ENP, and use it as a tool to advance
universal and comprehensive social
protection in the MENA region.
Taking stock for a new European Neighbourhood Policy | 7Setting Monitoring Benchmarks
Freedom of association and peaceful disparities that characterized many
assembly governance and social systems in the
region. While it is widely recognized that
Freedom of association and peaceful delivery of economic, social and cultural
assembly must be recognized as an rights contributes both to an equitable
enabling right that fosters inclusive allocation of public goods and services and
development. The social movements that to law enforcement, the authoritarian
have flooded the streets of the Arab Spring regimes that have dominated the political
have the potential to democratize the state landscape in the MENA region before the
and secure the democratic transition. The Arab Spring have focused on promoting
right to assemble and organize is a pre- neo-liberal policies based on structural
condition for the defense of collective rights macroeconomic stability that failed to
and remains at the core of any functioning provide an equal redistribution of wealth and
democratic system. Within the domain of fostered social inequalities. In this context,
freedom of association, SOLIDAR has the lack of access to economic and social
identified three benchmarks aimed at rights not only impedes effective transitional
monitoring the ENP progress in promoting justice but also creates an obstacle to
freedom of association in the MENA region, participation in the institutional and social
such as access to economic, social and structures for reconstruction. It thus
cultural rights (ESCRs), ability to establish undermines the realization of participatory
associations and their access to funding democracy and the achievement of full
and participation in decision-making citizenship.
(including EU delegations).
2. Ability to Establish Associations
1. Access to Economic, Social and and their access to funding
Cultural Rights (ESCRs)
The popular protests that ousted
Economic, social and cultural rights entrenched authoritarian regimes are the
(ESCRs) are a broad category of human result of the power of new social
rights guaranteed in the International movements that voiced the concerns of civil
Covenant on Economic, Social and Cultural society across the Arab region. The ability
Rights and other legally binding to establish associations and access to
international and regional human rights funding remained at the core of the popular
treaties. These include the right to demands during and after the revolutions. In
education; cultural rights of minorities and the light of the on-going transformations in
Indigenous Peoples; the right to the highest the region, it is therefore crucially important
attainable standard of physical and mental to underline the key role of civil society in
health; the right to adequate housing, the monitoring and implementation of
including security of tenure, protection from human rights policies and to increase
forced eviction and access to affordable, funding for empowerment of civil society as
habitable, well located and culturally interlocutors for the promotion of economic,
adequate housing; the right to food; the right social and cultural rights. In order to
to water – the right to sufficient water and guarantee civil society, trade unions and
sanitation that is available, accessible (both workers’ movements to work in a free and
physically and economically). Women’s independent way, freedom of association
rights are also included in ESCRs. needs to be guaranteed by law and in
practice.
The root causes of the Arab upheavals are
closely related to the economic and social
Taking stock for a new European Neighbourhood Policy | 8In this context, the EU has developed new countries enhance their social protection
instruments to help supporting civil society before the financial crisis hit them fully (ILO,
in the region through the ENP, such as the 2009)5. The provision of social services at a
establishment of the Civil Society Forum, decent standard is essential to providing the
the Civil Society Facility and the EU- CSO opportunity and tools to enable a decent life
roadmaps. The ability of CSOs to establish for everyone, sharing the yields of growth
associations and access funding contributes for broad sustainable development, which
to the enactment mechanism that has been shown to increase productive
guarantees democratic transition and social activity. As one of the primary objectives of
justice by promoting an enabling the ENP is the promotion of sustainable and
environment for political transition and inclusive growth in Southern Mediterranean
ensuring the interests of all national and countries, SOLIDAR has identified three
regional stakeholders and avoid the re- related benchmarks that are essential to
making of past mistakes. monitoring the ENP progress in advancing
social protection in the region: the setup of
3. Participation in decision-making social protection floors; growing informal
(including EU delegations) economy and indecent work; respect for
migrant workers’ rights.
Effective civil society participation in
government decision making can play a Social protection, and in particular floors,
critical role in the development and reduces poverty and inequalities, by
strengthening of a pluralistic, participatory reducing income inequality, contributing to
and accountable democracy, and is a key human capital development, supporting
element to promote social justice through positive education and health outcomes,
freedom of association. CSOs in the post- fostering employment, promoting
Arab spring countries are facing various sustainable economic growth and lastly, by
challenges with respect to legislative promoting political stability and state-
framework, political space, access to building.
resources and capacities, and the recent
developments taking place in Egypt are For these reasons, the EU should focus a
emblematic to understand the ongoing stronger effort in advancing the ENP to be
obstacles that CSOs are facing in Arab used as a tool to promote and deliver social
countries. In this context, the ENP provides protection in the MENA region.
the effective tool to proactively encourage
an active role of civil society at all stages of 1. The setup of social protection
the partnership, and engagement with floors
CSOs should be further promoted through
transparent processes especially at the Through the provision of social protection
national level through the EU Delegations, floors, developing countries can offer better
in order to outreach to a broad scope of options for people, and therefore benefitting
grassroots organizations and social the overall economy to cope with an
movements, and in order to avoid limiting external shock such as financial crisis,
the participation process to a small selected income loss, etc. and thus they become less
group of stakeholders swirling around the likely to fall into poverty or descend into
EU’s outreach. social exclusion. The EU will be able to
meet its goal to promote sustainable growth
Decent Work and Social Protection in its Southern Neighborhood only by
focusing efforts to provide adequate
The ILO has identified social security as a
5
value investment of equitable growth as it See SOLIDAR 2012 report on Social Protection and Decent
Work in the MENA :
provides an automatic stabilizer in times of http://www.solidar.org/IMG/pdf/61_mena_dwsp.pdf
crisis, and recommended that the Arab
Taking stock for a new European Neighbourhood Policy | 9financial assistance to MENA countries to wage-led economic growth) requires greater
build universal and comprehensive social attention, especially as the ratification rate
protection systems and/or to expand the of ILO conventions remains low in the
coverage of existing social security region. Core conventions on trade union
mechanisms. The provision of rights and non-discrimination are poorly
unemployment benefits and other social respected (even in countries where they
security benefits (such as old age pensions, have been ratified), legal restrictions and
sick leaves, maternity leaves and coverage violations remain widespread and the
for people disabled from working) is another implementation of enforcement mechanisms
cornerstone of social stability and the are too often weak or nonexistent.
prevention of poverty. Monitoring this
benchmark is essential to determine the 3. Migrant workers’ rights
ENP progress in reducing inequalities and
fostering sustainable growth in the region. In many Arab countries, migrant workers
are excluded from national labour
2. Growing Informal economy and legislation, and are often tied to their
indecent work employers through a restrictive sponsorship
system known as Kafala. Due to the
Growing inequalities, oppression and the informal, unregulated and isolated nature of
constraint of rights and basic services their work, they are denied many basic
ultimately resulted in the soaring problems working rights related to remuneration,
the MENA region faces today: high periods of rest, retention of their identity
unemployment especially of youth and documents, leave and freedom of
women, grave service provision inequalities association outside the domiciles they work
both urban/rural and rich/poor as well as in. Monitoring this benchmark gives an
general insecurity. Respect for International indication of migrant workers situation and
labour standards (which provide the basis helps asses the steps to end abuse and
for decent work and inclusive development exploitation of migrants in this region.
and contribute to inclusive and equitable
Taking stock for a new European Neighbourhood Policy | 10Progress Monitoring Report 2014
The Arab Spring triggered hopes and raised apply the provisions of this article on
expectations of a positive democratic condition that they do not conflict with
development with more freedoms and less the provisions of the Algerian Family
restrictions, however, outcomes of Code”7.In addition while a quota of 30%
consultations carried out by SOLIDAR and of women in Parliament was introduced,
ANND among civil society organizations their legislative power within the
across the MENA region, document quite parliament remains highly limited
the opposite. While freedom of association
and peaceful assembly remains a key right
to create a tolerant and pluralistic society, The ability to establish associations and
many systemic challenges persist in all access to funding remains highly
Neighborhood countries. restrictive in the country as on January
12, 2014, pursuant to Article 70 of
Freedom of Association and peaceful Algeria’s Law on Associations (Law 12-
assembly 06 of 2012), all existing associations that
had not already done so were required
to re-register and align their governing
Algeria: The right to freedom of statutes with the Law. Any association
peaceful assembly is enshrined in the that did not successfully register by
constitution. In fact, article 41 of the January 12 was deemed illegal, with
constitution, after the last revision of 15 their members subject to prosecution
November 2008,7 states that “Freedoms and possible imprisonment. This law
of expression, of association and presents serious and critical
assembly are guaranteed to citizens”, shortcomings compared to international
and Article 33 states that “Individual or standards, as it prevents local civil
group defence of fundamental human society organizations (CSOs) to engage
rights and individual and collective in dialogue with national authorities,
freedoms is guaranteed”. Despite this, while it presents also a major hamper to
the country has documented serious participation in constructive dialogue
violation of freedom of association with the EU delegation.
throughout 2013: Algerian authorities
have in fact increasingly clamped down
on workers’ efforts to form independent Egypt: Egypt has ratified the main
unions and organize and participate in international conventions that protect
peaceful protests and strikes6. In freedom of association and peaceful
addition, the country has not yet ratified assembly, such as the International
Optional Protocol to the International Covenant on Civil and Political Rights
Covenant on Economic, Social and (Article 21) and the African Charter on
Cultural Rights. Moreover, Algeria has Human and Peoples’ Rights (Article 10).
not yet ratified Optional Protocol to the Egypt has also signed the Universal
Convention on the Elimination of Declaration of Human Rights (Article
Discrimination against Women, and it 20/1). Despite this, the country has
has not lifted the reservations on art.2. documented serious violations of
The reservation reads “The Government freedom of association and right to
of the People's Democratic Republic of assembly throughout 2013 and 2014.
Algeria declares that it is prepared to
7
http://www.un.org/womenwatch/daw/cedaw/reservations-
6
http://www.hrw.org/world-report/2014/country- country.htm
chapters/algeria
Taking stock for a new European Neighbourhood Policy | 11For instance, a bill containing
restrictions on foreign funding and
registration of international NGOs was
introduced to the Cabinet in late January Likewise, no substantial progress was
2014. The Ministry of Social Solidarity seen on the law regulating trade union
restarted the process of reviewing the activities, which grants overarching
NGO law and produced a draft law that authority to the government, and more
remains highly restrictive of civil society than 1600 independent labor unions
organizations access to funding and remain outside the realm of local
political involvement, in utter disregard legislation, in the absence of law
for Article 75 of the 2014 constitution, granting the right to association.
which states that civic associations Worryingly, also many lawyers have
should be able to operate “freely”. The reported physical assault, verbal abuse,
government has set a November 10 threats and intimidation at the hands of
deadline for all nongovernmental security personnel. Political prisoners
organizations to register under a highly are often denied their right to privately
restrictive 2002 law, or face criminal meet with their lawyers who also find
charges. According to this NGO law, a increasing difficulty in accessing the
“Coordinating Committee,” comprised of official documents relating to their
eight government bodies, including a cases9.
representative of the Interior Ministry
and a representative from the General
Intelligence Service has the authority to Enacted in January 2014, Egypt’s
regulate the activities of civic Constitution prioritizes several economic
associations by controlling their and social rights; most concretely,
registration and funding (either articles 18 and 19 provide for
authorizing or rejecting) and activities. progressive increases in funding for
The Committee proposal has been education and healthcare. However,
criticized by Egyptian organizations and concrete mechanisms for guaranteeing
the Office of the High Commissioner for full realization of these budget
Human Rights8. allocations have not been put into
practice. Egypt has not yet ratified the
Optional Protocol to the International
In the absence of an elected parliament, Covenant on Economic, Social and
al-Sisi amended the penal code by Cultural Rights (ESCRs).
decree on September 21, 2014 that
penalizes the receipt of foreign funding
with a life sentence, in addition to a In terms women’s rights, in 2013-2014
payment of a fine amounting to Egypt has achieved little regarding the
LE500,000 (USD 70,000). In this United Nations Development Program’s
context, last month, on 26 October (UNDP) third Millennium Development
2014, 23 rights-activists have been Goal (MDG) of promoting gender
sentenced to three years in prison and a equality. In June, there have been
fine of 1,400 US dollars each over anti- repeated episodes of mob rape and mob
protest law. Among them is a senior sexual assaults. In this context, on June
researcher of the Egyptian Initiative for 5, just a few days before the attacks,
Personal Rights, one of the leading Decree No.50 of 2014 on sexual
human rights organizations operating in harassment came into force. While the
Egypt. decree provides a more defined
9
http://ecesr.org/en/?p=422054
8
http://eipr.org/en/pressrelease/2014/07/09/2154
Taking stock for a new European Neighbourhood Policy | 12definition of “sexual harassment” and against women at various levels, and
introduces at least 6 months women continue to represent a very
imprisonment and a fine for the offender, modest rate of the labor market, around
a comprehensive law on violence 14.2%. Moreover, the country continues
against women and a national strategy to arbitrarily discriminate against
to implement the newly approved laws is organizations therefore severely limiting
still lacking in the country10. their ability to establish associations and
access funding: The Law on Societies
(Law 51 of 2008), and the Law
Jordan: the country continues to face Amending the Law on Societies (Law 22
severe violations of ESCRs and major of 2009) maintains the right of the
deficiencies in the field of freedom of authorities to reject applications to
association rights are reported. The lack register an organization or receive
of a comprehensive and coherent foreign funding. Under this law, the
regulatory framework on freedom of ministry can reject the request without
association and peaceful assembly sending it to the prime minister and
remains a major setback: while under without clarifying the reasons for
the Public Meetings Law public rejecting the request.
demonstrations do not need prior
authorization from the government;
however some demonstrations were Lebanon: Lebanon guarantees freedom
deemed “illegal assembly” according to of expression according to article 13 of
section 165 of the Penal Code, and its Constitution. The country has also
referred to the military State Security ratified the International Covenant on
Court (SSC). Moreover, implementation Civil and political rights. However,
remains the major obstacle. While implementation remains the major
Jordan has ratified the International problem. For example, despite the Press
Covenant on Civil and Political Rights Law has been amended three times, it
that limits the practice of trying civilians only covers the print media and it
before courts with non-civil judges, prohibits publishing news contradicting
several breaches in implementation “public ethics, and national or religious
have been reported. In June 2013 feelings”, thus limiting even further
amendments to the Press and freedom of expression. Severe
Publication Law entered into force as an restrictions in ability to establish
attempt to regulate online associations were also documented. For
communication, and CSOs have pointed instance, Lebanon has not yet ratified
out that these amendments are contrary the ILO Convention no.87 on "Freedom
to the right of freedom of expression of Association and Protection of the
included in the constitution and article Right to Organize”. Moreover, pressure
19 of the International Covenant on Civil and intimidation of union activists were
and Political Rights ratified by Jordan. reported, and the law to establish trade
or labor union remains highly restrictive:
public servants are prohibited and they
With respect to women’s right, Jordan’s are forbidden to establish or to take part
legislation still discriminates against in trade unions.
woman by denying them the right to
pass nationality to their husbands and
children. Labor legislation discriminates On women’s rights, no major steps have
been taken to enhance the role of
10
http://www.hrw.org/news/2014/06/15/how-egypt-can-turn- women in public sector and economic
tide-sexual-assault life. For instance, while the Lebanese
Taking stock for a new European Neighbourhood Policy | 13Parliament has passed a law on April the lack of a global inclusive and
2014 that should represent an important consultative strategy and the
measure advancing women’s rights, the predominance of a sector-oriented and
law does not provide a detailed top down approach.
definition of domestic violence, therefore
failing to fully protect women against
domestic violence. In addition, the state Palestine: Peaceful assembly was
continues to implement discrimination in severely deteriorated both in the West
the personal status laws refusing to Bank and the Gaza Strip, whereby
grant women the right to pass on their Israeli and Palestinian security services
nationality to their husbands and in the West Bank and Gaza arrested
children. Furthermore, participation in people arbitrarily and unlawfully
decision-making remains weak and restricted people from protesting. With
insufficient, with reported lack of regard to trade union rights, the
transparency, despite the 2012 request government in Gaza in 2013 adopted -
from the Council of Ministers for all without prior consultations with CSOs or
ministries to publish proposed policies trade unions- and enacted a union law
and regulations by public consultation that violates international standards for
prior to endorsement. freedom of association. Furthermore,
the law has transferred the oversight of
unions to the Ministry of Justice,
Morocco: In terms of freedom of therefore limiting even further the right to
association, the 2011 constitution favors freedom of association. The new union
freedom of associations and CSOs law entered in force in Gaza, but until its
activities, however the government still application procedures were issued in
has not put in place laws protecting 2014, trade unions had no longer any
freedom of association. Moreover, the ministry of reference since the Ministry
Law on the right to strike has not yet of Labor (which was previously the
been adopted, despite a consensual ministry of competence) turned down
agreement among the most any requests from trade unions stating
representative syndicates; therefore it is their lack of competency in matters of
unlikely that the code will be adopted in union affairs. In addition, a rather
2015. The draft law presented by the positive episode was the ability of
government significant limits the right to Palestinian NGOs to halt the
strike both for the public and the private implementation of two arbitrary decision
sectors. Moreover, the ratification of the concerning charitable association and
ILO Convention on Freedom of NGOs issued by the Palestinian Minister
Association has not advanced yet. of Interior of the de-facto government in
Gaza in 2013: Decision no 61 of 2013
issued on 12/6/2013 concerned financial
Regarding ESCRs, fundamental flaws affairs, while decision 98 of 2013 issued
have appeared in the field of democratic on 7/10/2013 concerned elections in
access to quality education and health charitable associations and NGOs.
services, whereby both the education
and health systems still discriminates
against the vulnerable population. Regarding Women’s rights, the occupied
Moreover, the country has also set up a Palestinian territory (oPt) has witnessed
revision process of the law on water in a significant and persistent gender gap
order to align it to the European acquis. in labor force participation, and in 2013
In spite of this, implementation remains the participation of women in the labor
unsystematic and unreliable, highlighting market was 17% compared to the 69.3%
Taking stock for a new European Neighbourhood Policy | 14of men. Women in Gaza are Constitution, and therefore risking to
increasingly marginalized in the labor weaken all the provisions of Convention
market, whereby very low participation in practice. In addition to that, the Penal
in the labor force is coupled with Code, specifically Articles 218, 227a,
exceptionally high unemployment. 226b and 239, does not provide an
Gender-based violence in the workplace overriding law that criminalizes all forms
has also started to be measured. In a of violence against women. Additionally,
recent ILO survey, almost 23 percent of Tunisia has not yet ratified Convention
women have experienced some form of No. 189 of the ILO on decent work for
violence, and there are indications that domestic workers to ensure the "right to
such violence is increasing as the a healthy and safe working
economic situation deteriorates. environment" (art.13). Also, the Tunisian
labour code does not mention gender
based violence or sexual harassment.
With respect to right to education,
discrimination persists especially in East
Jerusalem. Despite a High Court ruling The health and sanitation sector has not
that the Jerusalem Municipality and experienced significant steps forward.
Ministry of Education have until 2016 to On the contrary, policies put forward by
rectify the shortage of missing the previous government of Ali
classrooms, only 150 classrooms have Laarayed, have contributed to create a
been built over the past five years. situation of tension regarding a policy of
Grave discrimination in allocation of investment in the health sector.
professional school staff persists: Moreover, sanitation system is facing
roughly 250 school counselor’s work in severe limits in rural areas due the fact
West Jerusalem as compared to only 29 that there is not an ad-hoc body
in East Jerusalem. responsible for sanitation in rural areas,
highlighting a severe institutional
vacuum in this sector.
Tunisia: the country has not yet ratified
the Optional Protocol to the International
Covenant on Economic, Social and Decent Work and Social Protection
Cultural Rights. In addition, in the
domain of freedom of expression and
media freedom, the Tunisian Algeria: There have been several public
Observatory for Freedom of the Press rallies in 2013 to protest against the
reported several cases of violation deteriorating of the health sector, and
against women journalists between paramedics triggered an unlimited wave
October 2012 and April 2013. of strikes, demanding training, duty
allowances and a benefits system for
common services, aides and licensed
Regarding women’s rights, despite in nurses. While official data are unreliable,
April 2014, the country officially it is estimated that 90% of workers are
withdrew all of its specific reservations allegedly covered by social services,
to the Convention on the Elimination of however the lack of policy and social
All Forms of Discrimination against dialogue, as well as the exclusion of
Women (CEDAW), the Tunisian unions prevent the delivery of effective,
government has officially declared that it equal and quality social protection
will not adopt legislative or services.
administrative decisions that may
contravene with Chapter 1 of the
Taking stock for a new European Neighbourhood Policy | 15Due to non-inclusive economic 1951 Refugee Convention and its 1967
development resulting from the Protocol, and it has ratified the
rentierism of Algeria’s economy- as the international convention of the rights of
economy depends entirely on the export migrants and members of their families
of hydrocarbons- voices that rise to call in 2006, the absence of a national
for growing diversification of the asylum law and a functioning national
economy remain unanswered. At the body to adjudicate asylum requests
same time, autonomous unions are not result in the on-going violation of migrant
recognized; strikes are forbidden and workers on the ground. For example,
wages are stagnating (the minimum sub-Saharan African migrants are
wage was readjusted by the tripartite exploited in construction sites located in
dialogue in January 2012, and it was the South and the Oran area with
fixed at DZD 18 000 per month, impunity, and also immigrant women are
representing an increase of 20% on the often victims of rape, and have difficulty
2010 minimum wage). Still, a systematic accessing care and justice.
and regular monitoring of wage
developments is not ensured. Moreover,
the unemployment rate has increased Egypt: Proliferation of unemployment
significantly (more than 13%) among remains a major challenge in the
people with a higher education level. country. In addition, in terms of heath
The situation is more critical for women, policies, despite the EU- Funded health
where the unemployment rate for sector policy support programme II,
women with a higher education level has public expenditure on health services
increased significantly. remains very low; standing less than 5%
in 2013. Contrary to art. 18 of the new
constitution of 2014, that stipulates that
In early 2013, unemployed young the budget allocations to health services
people in the south of Algeria organized shall make up at least 3% of the GDP,
several sit-ins, calling for an immediate budget proposal for 2014/2015 public
action from the government to combat budget, shows that these constitutional
exclusion and discrimination in the labor commitments will not be met in the
market and recruitment procedures. The coming three years.
government took a number of steps to
promote the economic integration of
unemployed young people living in the Egypt has begun reforming its subsidy
southern region. Measures were also system, especially on petroleum, food,
aimed at limiting wage discrimination, housing, and agriculture, and between
improving the education system and 2012/13, the agricultural subsidy
removing all constraints to the decreased by 75%. While subsidy
development of small enterprises. reform is at times necessary for
However, due to lack of official and economic growth and to ensure
reliable data, an assessment of the efficiency in reaching those in need, a
impact of such measures cannot be safety net must be in place before
provide. subsidies are removed. Currently, the
most vulnerable households benefit from
less than 20% of total food subsidies,
In terms of migrant workers’ rights, while 73% of those with access to ration
Algeria has not yet ratified the ILO cards are not classified as vulnerable.
Migrant Workers (Supplementary Similarly, 41.3% of vulnerable
Provisions) Convention, 1975 (No. 143). households did not have access to
Although the country is a party to the subsidized bread between June and
Taking stock for a new European Neighbourhood Policy | 16September 2013, a figure that increased detention centers and police stations in
from 13.3% between April and June Sinai, making it extremely hard for
2013. Recent austerity measures with NGOs to operate effectively in the
the 2014/2015 Public Budget resulted in region. African migrants continued to
the removal of a large percentage of report torture and rape at the hands of
government subsidies in July 2014, traffickers operating in Sinai, a problem
particularly for petroleum and food the government failed to address or
commodities. Mitigations measures for acknowledge.
the subsidy reform were not introduced
before the announcement of the new
plans, and are not discussed in a Jordan: The country has launched a
transparent manner. In 2013, Egypt Poverty Reduction strategy for 2013-
agreed to the World Bank’s “Energy and 2020 and it has also started to
Social Safety Nets Sector Reforms implement the Social Security
Technical Assistance Project”. However, Cooperation 2012-2016 strategic plan
it remains unclear how the social safety therefore contributing to enhance social
net system designed by the project will security coverage targets. Despite that,
differ from the existing subsidy program, coverage of the Jordanian social service
criticized for bureaucratic inefficiency, remains low (56%), and it is reported
corruption, and lack of statistical that retirees have no access to health
capacity to reach the vulnerable11. insurance benefits as required by the
ILO Convention No.102 concerning
Minimum Standards of Social Security.
In 2014, three new national plans have Moreover, Jordan did not register any
been adopted by the current cabinet: 1) progress on labor standards as it failed
The Social Housing Program, 2) The to ratify the ILO Convention No.87 on
Central Bank Initiative, and the 3) Million “Freedom of Association and Protection
Units Projects. Yet, these plans seem to of the right to organize”. In addition,
simply mimic a number of other failed Jordan has still not amended the
plans in the past two decades. This is Jordanian Labor Law in the field of
partially due to the local administration’s Trade Unions to adapt it to international
reliance on the central government for labor standards. Job creation and
80% of their budget, making them unemployment remains one of the most
unable to remain independent. critical challenges in Jordan, with
Moreover, local administration is also unemployment rate between 12% and
very weak because they have access to 14 %.
limited funding.
Regarding migrant workers, the recent
Regarding migrant workers rights, since increase in minimum wages does not
June 2013, the Egyptian authorities apply to migrants’ workers, who are
have intensified security operations in further discriminated against on the
Sinai in response to almost weekly basis of their nationality. A common
assassinations and attacks on police practice in Jordan that is not foreseen by
and military officers by Sinai-based the law is the “sponsorship” system that
groups. However, Egypt continued to links workers with their employers so
refuse the UNHCR and the International that they are not allowed to leave Jordan
Organisation for Migration access to without permission of the employer. In
addition, the Jordanian Law does not
11
http://cesr.org/downloads/egypt-UPR2014-social- criminalize forced labor, and migrant
security.pdf workers face growing threats of
Taking stock for a new European Neighbourhood Policy | 17deportation and administrative detention Decent Work for Domestic Workers. Yet
practices that are becoming even more this legislation was not adopted.
common, random and arbitrary. Lastly,
child labor has also increased,
especially among Syrian refugees, as 50 Morocco: Despite a recent increase in
thousands children less than 16 years budget allocations for social protection
old are on the labor market. and social security, an equal and
democratic access to social services is
often not guaranteed. Also, social
Lebanon: Unemployment still remains a protection performs really low in the
major challenge in Lebanon due to the private sector too. The RAMED system
country’s failure to implement economic (Medical Assistance Plan) launched in
and social policies that could 2011 has highlighted the inadequacy of
successfully address national the state to provide health services to
development challenges. In addition with the poor. Furthermore, the reform of the
the Syria crisis there has been huge retirement law that extends the
influx of Syrian refugees into the country retirement age to 65 years old is facing
that created further pressure on fierce opposition from the syndicates.
employment. In addition, unregistered
refugees’ labor rights face further
challenges as their rights are not Informal employment remains a major
respected and protected, lacking regular challenge in Morocco: It is estimated
payment and decent working conditions. that in Morocco, the informal economy
For this, the country needs to revise its employs 30 % of the workforce.
social protection approach from Morocco has ratified the International
application of social safety nets, poverty Convention ILO 187 on the promotion of
targeting programs(‘National Poverty social security at work, however
Targeting Programme’ (NPTP) ) and unemployment, especially among the
cash transfers considering social youth remains a major challenge due to
protection as a duty and an obligation the lack of a territorial integrated global
that the state should provide to its approach and the limited powers given
citizens protection and dignity at to the local communities and CSOs.
different stages of their lives. In addition,
Lebanon should consider social
protection schemes in a broad In terms of migrant workers’ rights,
development strategy aimed at Morocco has taken considerable steps
achieving universal coverage, social forward regarding documents
justice and the realization of human regularization procedures; In September
rights. More specifically, Lebanon 2013, the Moroccan government
should create a system to ensure announced it would implement a new
Elderly Protection Rights and an migration and asylum policy, based on a
unemployment compensation system set of recommendations formulated by
and eliminate any discrimination based the National Human Rights Council
on gender or disability in the social (CNDH) in September 2013, and it
protection laws. launched also a regularization initiative
starting in 201412. Morocco ratified the
International Convention on the
A draft law was submitted by the Protection of the Rights of All Migrant
Ministry of Labour to the government in
12
March, taking into account some of the
articles of the ILO Convention 189 on http://www.globaldetentionproject.org/countries/africa/moroc
co/introduction.html
Taking stock for a new European Neighbourhood Policy | 18Workers and Members of their families wage employees in the private sector
in 1993, however there have been were paid below the minimum wage
reports of continued arbitrary expulsions (their average monthly wage reached
of regular migrants from the country 62.3% of the minimum wage), this
throughout 2013 and 2014. While the concerned 20.5% of male employees
convention includes protection of (with an average monthly wage reaching
irregular migrants, including women and 77.58% of the minimum wage). Women
children from abuse, the CNDH report workers are clearly more vulnerable to
highlighted human rights abuses against violations of their rights at work. Overall
migrants, asylum seekers, and refugees unemployment rate in 2013 was 23.4%,
in Morocco. In addition, Morocco ratified 20.6% for men and 35% for women.
the Palermo Protocol against Trafficking With regard to women, most educated
in Persons, in April 2011, however the women are the ones with highest
country has not taken major concrete unemployment rates (47% for women
steps forward in addressing and tackling with 13 years of schooling and more).
human trafficking, instead it focused on
arrests and expulsions especially
targeting sub-Saharan migrants. In the Gaza Strip, workers have also
been deprived from certain rights that
have been granted to West Bank
Palestine: The social protection system workers, as they are not able to claim
and the policy regulating it in the oPt their right to a minimum wage due to the
remains scattered and falls short of fact that the minimum wage law that
providing effective income security and entered in force in the West Bank on
access to health care for all resident. 1/1/2013 was not recognized as valid by
Moreover, the Minister of Labor the Gaza de-facto government, and was
considers the establishment and not applied in Gaza. In addition, Gaza
implementation of a national social workers have been facing new
security scheme a key priority, and has restrictions to their ability to claim their
called 2013–14 the years of social labor rights. In general, there has been a
security. The PGFTU wants a new 19.6 per cent increase in the number of
social security law that is in conformity Palestinians working within the Israeli
with the Social Security (Minimum economic sphere. As this clearly
Standards) Convention, 1952 (No. 102), exceeds the number of work permits in
and to have social protection extended 2013, a significant and growing number
beyond the formal economy. One of the of Palestinians work outside the
main challenges in developing and regulated permit system, with less
implementing a social security scheme protection against abusive employment
with large coverage, is that 60% of practices. The number of Palestinian
Palestinians are employed informally, workers (all of them from the West
including over 50% of those employed in Bank) employed in Israel and Israeli
the formal economy. colonies increased from 104,700
workers in the fourth quarter of 2013 to
110,300 workers in the first quarter of
Based on PCBS annual labor force 2014. The number of workers employed
survey data, the 24.5% of wage in Israeli colonies in the West Bank has
employees in the private sector in the also increased from 18,900 workers to
West Bank were paid below the 23,200 workers during the same period.
minimum wage in 2013 and their In the first quarter of 2014, 35% of
monthly wage loss reached around 20.2 Palestinians workers from the West
million NIS. While 42.3% of all female
Taking stock for a new European Neighbourhood Policy | 19Bank were working in Israeli enterprises and that informal workers
establishments without work permits. did not have the opportunity to
regularize their position under the
State’s Employment-Intensive-
Tunisia: In February 2014, Tunisia Investment-Programme.
ratified three international labour
Conventions: Tripartite Consultation
(International Labour Standards) In terms of migrant workers ‘ rights,
Convention, 1976 (No. 144), the Labour although the country is a signatory to the
Relations (Public Service) Convention, 1951 Refugee Convention and adopted
1978 (No. 151), and the Collective a new Constitution guaranteeing political
Bargaining Convention, 1981 (No. 154). asylum in January 2014, Tunisia
Still, the removal of the Tunisian remains without an asylum system as
Economic and Social Council deprives the country awaits adoption of a law on
Tunisia for the needed institutional asylum and protection. Moreover,
framework for debate and exchange, Tunisia has not ratified the Migrant
while now social dialogue remains Workers Convention. In this regard, in
dependent on an ad-hoc body. The 2013 several cases of violations of
National Economic Dialogue, organized migrants’ rights and breach of non-
by the quartet (UGTT LTDH UTICA and refoulement principle have been
the College of Lawyer) with the reported. In addition, there is
participation of political parties and the persistence of criminalizing “illegal”
government of Mr. Jomaa, was slow to entries on the basis of the law n°2004-6,
produce results in terms of reforms that is still in force.
aimed at enhancing provision and
quality of social security.
The 2013-2017 national strategy to
promote social cohesion and fight
unemployment has not yet been
implemented, as the government is
prioritizing attracting investments to the
private sector and supporting the
implementation of micro-projects. In this
regard, a survey conducted on informal
economy on April 2013 showed that
informal sector affects 85% of Tunisian
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