UNCLAS SECTION 01 OF 03 ABU DHABI 001634

SIPDIS

SENSITIVE

STATE FOR NEA/ARP, NEA/RA, DRL AND EB/CBA
STATE PASS OPIC/OPIC INTERNATIONAL POLICY DEPARTMENT
FOR VIRGINIA GREEN AND HARVEY HAMBURG
AMEMBASSY TUNIS HOLD FOR FSI: OLIVER JOHN
USDOC FOR 4530/ITA/MAC/ONE/DGUGLIELMI,
4520/ITA/MAC/ONE/CLOUSTAUNAU,
4500/ITA/MAC/DAS/WILLIAMSON,
3131/CS/OIO/ANESA

E.O. 12958: N/A
TAGS: ELAB PREL PHUM PGOV SOCI CVIS TC
SUBJECT: UAE AMNESTY FOR ILLEGAL WORKERS FAILS TO
MEET EXPECTATIONS

REF: A) 2002 ABU DHABI 3370
B) ABU DHABI 47
C) ABU DHABI 945


1. (SBU) SUMMARY: The UAEG's much-hyped amnesty
program has thus far not been as successful as
government officials had predicted. The amnesty, which
began on January 1, 2003, and will terminate on April
30, 2003, will exempt workers from payment of fines or
other legal liabilities related to their illegal
immigration status. Up to 300,000-350,000 illegal
laborers were originally expected to leave the
country, but only 30,000 workers have applied so far.
Though immigration officials still expect a total of
100,000 illegals to depart the country before the end
of the program, the UAEG is extremely disappointed
that the amnesty has not been as successful as
expected. The amnesty has been beset by numerous
problems, including onerous application requirements,
extensive bureaucratic delays in the processing of
applications, and fear of a permanent ban from the UAE
on part of undocumented illegals. Many workers also
doubt the seriousness of the government in cracking
down on illegal labor after the termination of the
amnesty period, while others plan to apply just before
the deadline to make as much money as possible before
leaving the UAE. To demonstrate its commitment -- and
encourage wavering illegals to make the right choice -
- the government recently launched publicized raids to
arrest illegals and threatened to end visit visas for
certain nationalities. END SUMMARY.

THE AMNESTY PROGRAM
--------------


2. (U) The government's stated purpose in issuing an
amnesty was to regulate and stabilize the labor market
by removing marginal and ineffective manpower. An

estimated 500,000 unemployed or intermittently
employed expatriates live in the UAE, the vast
majority of whom are Indian, Filipino, Pakistani,
Bangladeshi, Iranians and Sri Lankan. Most are blue-
collar workers. By removing a substantial portion of
this population, the government intends to correct the
serious demographic imbalance of the country,
perceived to be a security risk as well as an actual
social problem.


3. (U) The current amnesty is the second such program
announced by the UAEG to deal with illegal workers in
the last seven years. (See refs A and B). The 1996
Amnesty resulted in 250,000 illegals departing the
country, but was fraught with confusion and ultimately
ineffective. The UAEG failed to track those who left,
and many workers simply regularized their status and
returned after a brief stay abroad. Like the 1996
program, the current amnesty exempts workers from
payment of fines or other legal liabilities related to
their illegal immigration status, but attempts to
close the loopholes that made the previous amnesty
ineffective.

IMPLEMENTATION OF THE AMNESTY FLAWED
--------------


4. (U) Labor Attaches of the Embassies of India, Sri
Lanka, Bangladesh and the Philipines told Econoff that
illegals generally fall into one of three categories:
foreigners who entered the UAE illegally, those who
entered on a legitimate work visa but have overstayed,
and those who entered on a visitor or transit visa.
Upon receiving amnesty, individuals in the first
category are permanently banned from the UAE, those
in the second are banned for one year, and those in
the final category are only required to pay a fine
upon departure.


5. (SBU) The Labor Attaches were unanimous in their
opinion that the primary flaws in the amnesty are
overly onerous application requirements, bureaucratic
delays on part of the UAEG, and fear of a permanent
ban from the UAE on part of undocumented illegals.
Many workers who have attempted to apply for amnesty
have been stonewalled by the application process which
requires them to present an original or a copy of
their passport, national identity cards (NICs),
expired visas, and other identifying information.
Many laborers however, were forced to submit these
documents to their sponsors and/or employers when they
arrived in the UAE and failed to regain possession of
their papers as they either absconded from their
original employment or moved on to different jobs.
Illegals are also required to complete a form
detailing their stay in the country, how they got in,
who assisted them and how they transferred money out.
All amnesty seekers are fingerprinted and required to
submit to a retinal scan.


6. (SBU) This complicated process has resulted in many
laborers being forced to return to processing centers
numerous times where they are subject to long waits
and constant equipment failure. Since the vast
majority of amnesty seekers work long hours at low-
paying, labor intensive jobs, it is neither economical
nor practical for them to take off the needed hours to
complete the amnesty process. Those unable to prove
that they entered legally are permanently banned from
the UAE at the time they are granted amnesty. For
these workers, along with those who entered the UAE
illegally, there is no incentive to apply for amnesty
as they will never be allowed to return and their job
prospects in the UAE are superior to anything they
will find in their native lands.


7. (SBU) The Labor Attaches also noted that many
workers were likely waiting until the last possible
moment before applying for amnesty. The vast majority
of illegals are males supporting families back in
their native countries and accordingly will try to
maximize the amount of money they earn in the UAE
before returning home. The Attaches also reported that
many laborers do not believe the authorities will
crack down on illegal workers as many UAE companies --
especially in the construction industry -- depend on
such workers to keep costs to a minimum.

THE GOVERNMENT RESPONDS
--------------


8. (SBU) The UAEG has clearly been disappointed that
more illegals have not taken advantage of the program
and left the country. Daily news reports trumpet the
amnesty program with admonitions from government
officials warning illegals they will face severe
penalties, including prison, if they do not apply and
leave. The government has recently opened more amnesty
centers and attempted to stream-line the process by
issuing exit visas within a week of application, but
officials are still requiring amnesty seekers to file
the proper paperwork, get fingerprinted and submit to
a retinal scan. (Note: The UAE has decided to extend
the visas -- no matter the type -- of Iraqi nationals
because they are unable to return to their country due
to the war. End note.)


9. (SBU) Though the numbers of amnesty seekers are
considerably less than expected, UAE officials still
believe that up to 100,000 workers will depart before
the program ends. They have warned illegals not to
wait until the last minute to apply, but concede that
is what is most likely happening. The government has
also launched a series of well-publicized raids
targeting hide-outs and residences of illegal migrants
demonstrating its commitment to solving the problem.
Authorities promise to embark on a large-scale
operation targeting all areas housing illegals once
the amnesty program ends.


10. (U) The government is also planning to introduce
curbs on visit visas for certain nationalities, though
no plan has been formally announced. The authorities
will most likely limit the overall number and create a
means test for tourist visas for nationals from
Pakistan, India, Bangladesh, Sri Lanka, and the
Philippines.

11. (SBU) COMMENT: The UAEG is clearly committed to
decreasing the number of illegal workers in the
country and has done an excellent job of marketing the
amnesty and encouraging individuals to step forward.
However, in an attempt to correct the mistakes of the
last amnesty, the government has implemented an
extremely complicated and difficult process which has
deterred amnesty seekers from completing their
applications. Others simply have no incentive to apply
knowing they will be permanently banned from
returning. No matter the success or failure of the
current amnesty program, the UAEG's commitment to
reducing the population of illegals will be determined
by its dedication to reducing the exploitation of the
visa/sponsorship process by Emirati nationals who
derive significant income from it. (Ref C). Last
year the Ministry of Labour issued 260,000 employment
visas even though, according to its own assessment,
approximately half the companies in country are
fictitious. As long as a large domestic constituency
distributes employment visas for their own financial
benefit, the UAE will continue to have a large illegal
work force. End comment.

Wahba