GTIP AMBASSADOR LAGON VISITS SAUDI ARABIA

C O N F I D E N T I A L SECTION 01 OF 06 JEDDAH 000501

SIPDIS

RIYADH PASS TO DHAHRAN
G/TIP FOR AMBASSSADOR MARK LAGON
G/TIP FOR MARK TAYLOR
DEPT PASS TO DRL FOR EBARKS-RUGGLES AND JLIEBERMANN
DEPT FOR NEA/ARP
DRL FOR ANZALDUA
DOL FOR ILAB

E.O. 12958: DECL: 11/30/2013
TAGS: ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG SA
SUBJECT: GTIP AMBASSADOR LAGON VISITS SAUDI ARABIA
DISCUSSES SPONSORSHIP SYSTEM, ANTI-TRAFFICKING LAW,
CRIMINAL SANCTIONS

Classified By: CG Martin Quinn for Reasons 1.4 (b) and (d)


1. (C) SUMMARY. Ambassador Lagon, Director of GTIP, visited
Riyadh and met with officials from the government's Human
Rights Commission, Ministries of Labor and Interior, a
government-run shelter, a meeting of labor sending-country
diplomats, and a shelter run by the Filipino embassy. A
comprehensive anti-trafficking law was under discussion by
various parts of the government, a new law pertaining to
domestic workers was recently passed, and the sponsorship law
is being considered for overhaul. The widely-criticized
policy of employers/sponsors holding foreign workers'
passports is not addressed by any current or pending law,
while criminal sanctions for labor crimes other than extreme
abuse do not occur. In addition, the continued lack of a
proactive victim identification procedure to ensure that
victims are not punished remains a key gap in Saudi Arabia's
protection efforts. END SUMMARY.

HUMAN RIGHTS COMMISSION DENIES PROBLEM
--------------
BUT RESOLVES TO FIX IT
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2. (C) Ambassador Lagon met with representatives of the
government-run Human Rights Commission in Riyadh including
the President Turki bin Khalid Al-Sudairi. The Human Rights
Commission is essentially a government ministry and
Al-Sudairi holds the rank of Minister. Al-Sudairi pointed
out at the onset of the conversation that he only learned of
the human trafficking term 2.5 years ago. He explained this
was the case because he claims Saudi Arabia does not have
such a problem, and "we are not full-time culprits in human
trafficking." Othman Ibrahim Al Ahmed, Board Member of the
HRC, concurred, "This issue of trafficking --you call it
trafficking -- we did not see this happening since the boom.
We think of this practice of exploiting laborers, of those
who come legally, we really think of them (the exploiters) in
a bad way." He noted that Saudi Arabia has "the only labor
law in the world in favor of the laborer." With regard to sex
trafficking, Al-Sudairi denied that Saudi nationals were
involved in "houses of prostitution," and that they are
operated mainly by foreign nationals.


3. (C) CHANGING THE SYSTEM: Al-Sudairi revealed a potential
major anti-trafficking, with the draft currently being worked
on by the Shura Council(note: the anti-trafficking law passed
the Shoura on Tuesday, November 25) Sudairi was optimistic
about the new law and noted that, "We hope your visit can
help to speed up the process." Al Ahmed explained that the
law rests on collaboration between the Human Rights
Commission, Ministries of Social Affairs, Labor, Interior,
and Health. The use of the sponsorship system was defended by
Al Ahmed, "Sponsors are responsible for the laborers that
come to Saudi Arabia. They take care of him, feed him, give
him insurance, and take care of his medical needs("
(COMMENT: Neither Post nor G/TIP has reviewed this draft
anti-trafficking law, so we cannot comment on the efficacy of
its definition of trafficking or the adequacy of its
prescribed penalties. END COMMENT.)


4. (C) CRIMINALIZATION: Ambassador Lagon raised the issue of
imposing criminal, i.e., prison, sanctions on TIP offenders.
Al Ahmed responded that there are penalties against companies
for those delaying payment to foreign workers, adding that,
"for sure these penalties are very harmful for these
companies." He brought up a case where an individual killed
his daughter and was given the death sentence recently
(although he did not connect this to TIP). He said, "Three
years ago if someone was abusing their domestic helper, they
would be told to go away ... now they will be punished."
There were no examples provided of anyone convicted
criminally for common abuses of labor such as non-payment or
under-payment. One official claims that the draft
anti-trafficking law will make it so that if a person

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witnesses any form of TIP and does not report it, he/she
could be sentenced for up to five years in prison.


5. (SBU) VICTIM IDENTIFICATION: At several points during the
conversation, Ambassador Lagon emphasized the need for
proactive victim identification, or a formal procedure to
actively screen for evidence of trafficking among vulnerable
populations, such as foreign workers detained for running
away from their sponsors. Al-Sudairy commented that it was
an "excellent idea" and asked for training in this regard.


6. (C) TRAINING: Officials felt that training programs and
education are positive ways to address problems. Al-Sudairi
offered that a new plan is to be issued by decree that would
increase awareness of human rights in schools and police
forces. The decree is currently before the Council of
Ministers. Al-Sudairi pointed out that additional HRC
cooperation with policing organizations like the Commission
for the Prevention of Vice and the Promotion of Virtue (AKA:
Religious Police) and relief organizations such as the Red
Crescent are aiding in human rights cases.

GOVERNMENT SHELTER: A SAFE HOME FOR
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THOSE WITH THE LEAST SERIOUS PROBLEMS
--------------


7. (SBU) Ambassador Lagon was invited to visit a women's
shelter run by the Ministry of Social Affairs (MSW). The
shelter's management explained that the home consists of two
groups: 1) stranded workers picked up at the port of entry
and awaiting to be picked up or paired with their proper
sponsors, and 2) those individuals dealing with delay of
salary payment with their sponsors and who stay until such
time as the matter is resolved. Roughly 50% of sheltered
women come from each group. Numerous nationalities are
represented in the shelter with Sri Lankans and Indonesians
among the largest numbers represented. All the women in the
shelter receive food, health care, a bed, and clothing.
Opportunities for handicraft employment also exist to keep
the women busy during their time at the shelter. Women
commonly remain at the shelter for three to ten days,
although occasionally longer if there is a problem.


8. (SBU) BACKGROUND OF WOMEN: There was considerable
confusion as to how exactly a woman ends up at this shelter.
The shelter is not for individuals with pending criminal
cases, victims of physical abuse, and those with medical and
mental health problems. A woman arrives usually when an
embassy or the police recommend her to go there after she
runs away from her employer. Those with serious problems will
end up staying in hospitals, jails, or at an embassy shelter,
depending on the nature of the problem and the facilities of
the sending country. A doctor at the shelter said that it is
very rare to see physical abuse and that in the only case
seen, it was determined that it had been self-inflicted.
According to the management, this shelter is only for those
individuals who are having contract disputes or were not met
by sponsors. One official suggested that many women run away
due to culture shock and homesickness. (COMMENT: Given the
MSW officials' insistence that this shelter is not for
"victims" and that it does not assist runaway workers with
serious cases of physical or psychological abuse, its use as
a shelter for victims of trafficking appears quite limited.
END COMMENT.)


9. (SBU) CASE STORIES: Ambassador Lagon and DOS officials had
a chance to meet with some of the sheltered women consisting
almost entirely on that day of Indonesians and Sri Lankans.
An Indonesian woman in one room explained that she just
wanted her passport to go home, that her contract had
finished, and that she was not a victim of violence. One
visibly injured Indonesian woman said she had been bruised
from falling down and hurting her neck, was then sent to the
hospital, and now since she is unable to work for her sponsor

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was brought to the shelter. Another Indonesian woman claimed
her passport was being held by her sponsor and thus she could
not leave the country. A woman in the same room said she
hoped to travel back to her home country even if she could
not recoup the wages that had not been paid by her employer,
who refuses to give her an exit visa. In a private meeting,
an Indonesian woman explained that she ran away from her
employer after completing 1.5 years of her contract and
having been paid for only one year. She feels that the
shelter offers good living conditions compared to the former
home provided by her employer.

MINISTRY OF LABOR: NEW LAWS ON
--------------
THE WAY, QUESTIONS REMAIN
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10. (C) The Deputy Minister for Planning and Development, Mr.
Bader Ba Jaber, and other Ministry of Labor officials met
with Ambassador Lagon. The Deputy Minister explained that the
ministry has followed TIP issues for a long time even though
he considers it a new term. The Ministry is among the
agencies charged with fighting trafficking according to a
national plan. The Ministry is supporting training for
recruitment agencies. The MOL also produces literature and
pamphlets to educate and inform guest workers. Ba Jaber
recognized that many laborers cannot read and write so they
advocate additional steps taken to insure that rights and
responsibilities are understood in advance of arrival. The
Ministry is cooperating with other agencies to help limit TIP
violations. Ba Jaber praised the efforts of the HRC and the
Minister of Social Affairs for their work in this area.


11. (C) CONTRACT AND PAYMENT DISPUTES: A primary concern of
the MOL is dealing with contract issues between sponsors and
employees. The Deputy Minister claims that there are
sometimes criminal matters that surface as a result of late
or non-payment, but did not indicate that these cases are
enforced through significant penalties. An official mentioned
the draft anti-trafficking law and noted that it will
criminalize all acts of TIP so that violators can actually be
arrested. (Note: It is not clear how TIP will be defined in
the anti-trafficking law.) The MOL clarified the procedure
for an employee to file a case seeking back payment in
response to a question by Ambassador Lagon: Laborers may
file a case to the ministry even if they have not run away
from their employers and they may do so as long as salary has
not been received for three months. At this point, the
employee will be given permission to work elsewhere
temporarily. If the period of time is more than three months,
the employee may be transferred without the permission of the
employer.


12. (SBU) US HELP: Ba Jaber was receptive to Ambassador
Lagon's suggestion that the Ministry might need help from the
US, particularly as it moves towards enacting a new
trafficking law, and then actually implementing it: "We
could benefit from this help. A law without implementation
has no meaning. In principle we don't accept any violations
of the rights of the employee." He lauded the efforts the
country has already made in this regard, "In the Kingdom, we
treat employees the best -- with more pressure on the
employer than the foreigner(. There will of course be
violations."


13. (SBU) PASSPORT HOLDING: Ambassador Lagon raised the issue
of employers and sponsors holding passports, a practice that
is routinely viewed by outsiders as placing laborers in a
vulnerable position. According to one official, "There is
nothing in the labor law about the issue of holding
passports. In practice, the passports are held. Labor law has
nothing to do with passports. Why is there so much emphasis
on passports?" He added that only the contract is binding
between the employer and employee, or implying that even if
the passport is held this does not indicate the status of the

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laborer's rights and obligations. Ambassador Lagon noted
that the law might best forbid holding passports rather than
merely not requiring they be held.


14. (C) AN END TO SPONSORSHIP: A potential change in the
sponsorship system was addressed by the MOL officials. A new
system is being considered whereby visas would be granted by
sector and demand rather than through sponsorship. An
organizational body or company with MOL oversight would
manage the process and would be responsible for providing
exit visas to individuals. In this system, the foreign
employees would have flexibility in moving between individual
employers once they arrive to the Kingdom, subject to a large
labor company involved in placement. The MOL recognizes that
this system will be difficult to implement, particularly with
respect to the handling of individuals already in the country
under the current sponsorship system. (COMMENT: This reform
could be a substantial step forward and would set an example
for the whole Gulf. However, the Deputy Minister referred to
this new system as "renting out workers." The devil will be
in the details to see if this reform occurs and would truly
represent a reduction in the vulnerability of guest workers
to TIP. END COMMENT.)


15. (SBU) DOMESTIC WORKERS: Domestic workers pose very
specific challenges for the MOL. In a new law pertaining to
female domestic workers, they are given the right to a
comfortable home. There is nothing in the law that addresses
whether a worker is allowed to leave the home provided by the
employer, that matter remaining with the employer. Two months
ago, the MOL, MOJ, and the Jeddah Chamber of Commerce and
Industry entered the homes of domestic workers in order to
investigate living and working conditions.

MINISTRY OF THE INTERIOR: PASSING
--------------
THE BUCK BACK TO LABOR
--------------


16. (C) CRIME AND PUNISHMENT: Ambassador Lagon met with
Deputy Minister of the Interior, Dr. Ahmad bin Mohamed Al
Salem. Ambassador Lagon asked if the MOI could point to any
actual examples of prosecution for TIP crimes. What followed
was a litany of past prosecutions read from a document that
many of the MOI officials held in their hands. One example
given was a policeman sentenced to "hard punishment" for
abusing and torturing a man and another highlighting two
policemen that were executed after killing a Bangladeshi
worker. A third case highlighted a Saudi princess who had
been fined in a case filed by a Syrian laborer. The cases
focused on examples of laborers who were victims of serious
abuse. None of the cases dealt with issues of underpayment
or non-payment of wages, with officials commenting that these
are labor and not criminal issues. Despite this list of
cases, the MOI did not portray the message that trafficking
of foreign workers is systematically addressed in the
criminal justice system; the cases recited seemed to be
examples of particularly serious cases, but had no element of
forced labor per se.


17. (C) MOI RESPONSE: The official noted that the MOI is
powerless to interfere with the rulings of courts, but they
try to insure justice for victims. He claims that the MOI
deals aggressively with charges brought by diplomatic
missions as well as individuals who come directly to pursue
their cases. He sung the praises of the forthcoming
anti-trafficking law. He said that part of the plan is to
make foreigners more aware of their rights and to let them
know their options and sources of potential refuge or redress
if problems are encountered. Training is also being offered
for law enforcement officials at several centers. Saudi
officials insist that citizens as well as expatriates are
equal under the law. All have equal rights to apply to the
courts in order to bring complaints against their employers.
The official assured Ambassador Lagon that "The rights of

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labor in Saudi Arabia are among the best in the world ( we
are with the victims, whatever their nationality ( Maybe
Saudi Arabia was classified at the bottom of the list (TIP
report),but it's not fair."

DIPLOMATS COMMENT AND OFFER TOUR OF SHELTER
--------------


18. (C) ROUNDTABLE: Ambassador Fraker hosted a round table
discussion for diplomats from the embassies of sending
countries in Riyadh with Ambassador Lagon. Representatives
attended from Egypt, the Philippines, Sri Lanka, Bangladesh,
Indonesia, Ethiopia, Nepal, Sudan, and Turkey. DCM Rundell
was also in attendance. There was concurrence among
representatives that the labor problems in the country are
often due to the lack of efficiency in the court system. It
was also agreed that most problems are the result of
individuals not being able to secure exit visas. Trafficked
persons may be allowed to leave the country, but in order to
do so they usually cannot recoup lost wages and salaries.
After a protracted wait for the matter to be settled, many
laborers return home. Attendees focused attention on various
abuses suffered by workers (not all of which were
specifically examples of TIP). The diplomats from the
embassies of Egypt and the Philippines were most vocal, the
latter reporting at length about the nature of problems faced
and the services that his embassy is able to provide in
assistance.


19. (SBU) SHELTER: The Philippines Ambassador Antonio P.
Villamor offered Ambassador Lagon a tour of the embassy-run
shelter for their women who have run away from sponsors, many
of whom are involved in legal struggles with their employers
to retrieve lost wages and exit visas. At the time of the
visit, there were 74 women in the shelter. We learned from
the Ambassador that the embassy runs daring rescue missions
where it sends out a car to whisk away its female citizens
who find themselves in emergencies (the Ambassador often
accompanies, first changing into less formal clothing). The
embassy works to help laborers receive back wages and exit
visas, although the success with getting employers to pay
varies considerably.


20. (SBU) VICTIMS SPEAK OUT: Ambassador Lagon had an
opportunity to meet with many of those sheltered. The more
dramatic stories include one woman in two leg casts who
jumped from two stories in order to flee her home and another
who hid in a garbage can outside the house until help
arrived. One woman had just arrived at the shelter and was
crying, declaring her inability to get an exit visa and her
sole desire to get home; she fainted minutes later in the
delegation's presence. Another woman's employer refuses to
grant an exit visa, despite her need to leave in order to
have liver surgery in the Philippines. A woman seated next to
her decided to run away after two years without paid wages.
Her sponsor pushed and hit her before finally pushing her
outside the house, where the police picked her up and brought
her to the shelter. Another woman beside her had a similar
experience, the victim of frequent slapping and kicking.
Most of the women complained of non-payment or underpayment
of wages coupled with a refusal of their employers to provide
visas. When questioned by Ambassador Lagon whether they felt
that they were threatened and compelled to work because their
employers had withheld their passports and exit permits, all
responded yes.


21. (C//NF) COMMENT. The Saudi government ministries seem to
be making efforts to improve the legal structure pertaining
to labor and trafficking. The biggest change is a draft
comprehensive anti-trafficking law being discussed throughout
the government. The sponsorship system will take
considerable pains and time to dismantle. Nonetheless,
implementation of currently available criminal laws to punish
traffickers )- including Saudi nationals -) remains
extremely poor; there continues to be very little evidence of

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criminal sanctions for most forced labor crimes including
underpayment or non-payment of wages. The holding of workers'
passports remains unaddressed by any existing or proposed
law. Saudi laws often are selectively enforced by local
authorities, particularly against Saudi nationals. Meaningful
enforcement of anti-trafficking laws will take serious and
heretofore unseen commitment by all sides of the government,
and will require Saudi government officials and society to
overcome long-ingrained bias against foreign workers. These
laws may be an effort by the SAG to move from Tier Three of
the TIP report; however, serious and sustained implementation
of the anti-trafficking law if and when passed will remain
the key challenge for Saudi Arabia in its anti-TIP efforts.
Also, discussions with missions of sending-countries indicate
that their diplomatic action on labor issues remains widely
determined by the extent to which each country relies on
remittances by worker abroad or has alternative countries to
which they may send guest workers. END COMMENT.
QUINN