KAFKAESQUE CHALLENGE TO LEGALLY WORKING ABROAD

C O N F I D E N T I A L SECTION 01 OF 02 TASHKENT 000442 SIPDIS SIPDIS DEPT FOR SCA/CEN, DRL, PRM, G/TIP, INL LABOR FOR I/LAB E.O. 12958: DECL: 03/19/2017 TAGS: ELAB PGOV SMIG SOCI ECON CVIS UZ SUBJECT: KAFKAESQUE CHALLENGE TO LEGALLY WORKING ABROAD REF: A. TASHKENT 226 ¶B. 05 TASHKENT 3385 ¶C. 05 TASHKENT 3253 TASHKENT 00000442 001.2 OF 002 Classified By: Amb. Jon R. Purnell, for reasons 1.4 (b, d). ¶1. (C) Summary: The Head of the Ministry of Labor's Agency for Foreign Labor Migration Affairs, Gafurjon Usmanov, told Poloff he would like to establish guest worker contracts for Uzbeks in the United States. In order to work legally abroad, all Uzbeks must obtain prior Agency authorization through a burdensome process requiring approval by an inter-agency government commission. The Agency's application process seems designed to hinder rather than facilitate work abroad, and few Uzbeks bother to even follow these procedures. Last week the Foreign Ministry sent a diplomatic note to all diplomatic missions reiterating that under Uzbek law, all contracts for hiring Uzbek workers abroad must be approved by the Agency. End summary. AN ONEROUS PROCESS FOR LEGALLY WORKING ABROAD -------------- ¶2. (C) Under Uzbek law, anyone wishing to work abroad must have a contract approved by the Ministry of Labor's Agency for Foreign Labor Migration Affairs. The Head of the Agency, Gafurjon Usmanov, told Poloff that the Foreign Ministry distributes notices twice a year reminding diplomatic missions of the law. Post received such a letter last week. (Note: Consular and diplomatic officials, students, journalists, and university professors are exempt from the requirements. End note.) Workers applying to work abroad must complete a form notarized or legalized by an Uzbek consul in the country where they intend to work. The application must include information on the foreign employer, a medical certification, and a $32 (40,000 soum) application fee. ¶3. (C) According to Usmanov, an inter-agency government commission chaired by the Ministry of Labor must vet each and every application, and has 15 days to reach its decision. The commission also includes the Ministry of Foreign Affairs, Ministry of Internal Affairs, Ministry of Justice, Prosecutor's Office, and Ministry of Health. Many experts believe that the National Security Service must also review the applications. According to Usmanov, the Ministries of Internal Affairs and Justice conduct a criminal background check of applicants; the Foreign Ministry checks foreign employers. Once abroad, workers are required to register with Uzbek consulates. All Uzbek citizens must also obtain exit visas from the Ministry of Internal Affairs Department of Entry and Exit (OVIR) in order to leave the country. (Note: Since the May 2005 Andijon unrest it has become more difficult to obtain an exit visa for some citizens, particularly human rights activists, independent journalists, students seeking to study in the United States and Europe, and some U.S. Embassy FSNs. End note.) "FINDING JOBS ABROAD CONTRIBUTES TO FIGHTING TIP" -------------- -------------- ¶4. (C) Usmanov stated that in 2006, there were only thirteen applicants to work abroad. (Comment: This is a tiny number. End comment.) All other Uzbek laborers abroad, such as the millions in Russia and Kazakhstan, are doing so illegally, with the Uzbek government generally refusing to acknowledge that they have even left the country (ref A). Usmanov told Poloff that finding legal jobs for Uzbeks abroad contributes to the fight against trafficking in persons. The Agency's only established guest worker program is with South Korea, where Usmanov said that over 18,000 Uzbeks work in agriculture, textiles, steel production, and construction (refs B and C). (Comment: The ethnic Korean community in Uzbekistan has been a key factor facilitating this labor relationship. Seoul is eager to assist and support its less well off brethren. Moreover, ethnic Koreans tend to adapt more easily to Korean culture and language than ethnic Uzbeks. End comment.) The Agency has a vested interest in increasing the number of Uzbeks working legally abroad, since under the law the Agency is entitled to their tax payments. THE AGENCY'S VIEW OF THE WORLD TASHKENT 00000442 002.2 OF 002 -------------- ¶5. (C) Usmanov stated that the Agency has divided the world into four zones: East Asia, Europe, English-speaking countries, and the former Soviet region. Usmanov stated that while the Gulf countries could be counted as a fifth region, they are considered less of a priority because their guest workforce is overwhelmingly South Asian. While Usmanov proudly listed his many meetings with foreign labor officials and diplomats on establishing guest worker agreements, his only success so far is with South Korea. Usmanov stated that the Agency plans to expand its cooperation with the rest of the world in 2007 by implementing a multi-vector strategy targeting Japan, Malaysia, and the English-speaking world. He specifically requested U.S. cooperation in establishing a guest worker program for Uzbeks in the United States. According to Usmanov, the Agency is seeking to send hotel, restaurant, and medical workers to the Gulf region, and teachers and engineers to Malaysia. (Note: Several Ministry of Labor officials previously obtained visas to meet with a U.S. organizer of temporary work programs for unskilled laborers. In the last two years, 94 percent of these recipients of H2B visas from Uzbekistan overstayed their visas and did not depart the United States. End Note.) EDUCATING THE PUBLIC -------------- ¶6. (C) In November 2006 the Agency established a Press and Public Affairs Office to inform citizens of how to find jobs abroad. Usmanov noted that his agency regularly publishes articles explaining how to legally apply for jobs abroad. He claimed that the "Hamroh" newspaper has a section titled "foreign labor migration" on its first page. According to Usmanov, the Agency also created a telephone hotline with staff able to answer any labor-related questions. In response to Poloff's suggestion, Usmanov stated that the hotline would begin tracking the number of telephone calls it receives. Usmanov added that the Agency also intends to launch a website to inform the public of labor opportunities abroad. ¶7. (C) Comment: As could be expected, no Uzbek applying for a U.S. labor visa has presented an Uzbek work license. The Agency's application process is inordinately burdensome, and seems designed to hinder rather than facilitate finding legal work abroad. Only a miniscule fraction of Uzbeks seeking work abroad bother to apply through the Agency. It may seem that the Agency has the unenviable task of finding jobs for millions of unemployed Uzbeks. In reality, however, the vast majority of those seeking work have taken matters into their own hands by finding jobs abroad on their own. A more cynical -- or perhaps realistic -- view holds that the Agency exists primarily to line the pockets of Uzbek bureaucrats, with its multiple layers of officials who may facilitate the process for applicants in exchange for a bribe. PURNELL