UAE AMNESTY FOR ILLEGAL WORKERS FAILS TO

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