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| Identifier: | 05DOHA858 |
|---|---|
| Wikileaks: | View 05DOHA858 at Wikileaks.org |
| Origin: | Embassy Doha |
| Created: | 2005-05-12 12:16:00 |
| Classification: | UNCLASSIFIED |
| Tags: | ELAB ETRD PHUM QA |
| Redacted: | This cable was not redacted by Wikileaks. |
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 DOHA 000858 SIPDIS STATE FOR NEA/ARPI, NEA/RA, DRL, INL, G/TIP, EB DEPT. OF LABOR FOR DR. SUDHA HALEY E.O. 12958: N/A TAGS: ELAB, ETRD, PHUM, QA SUBJECT: QATAR'S SPONSORSHIP LAW REF: DOHA 687 1. (U)Summary. Sponsorship rules are believed by many to be at the heart of labor issues and disputes in Qatar. The current law requires expatriate workers to have the signed permission of their sponsors when changing employment or departing Qatar. Critics of the law allege that it creates a system of servitude and leads to the abuse of foreign workers. These criticisms have led to calls for changes in sponsorship rules. End Summary. ---------------------------- The Current Law's Provisions ---------------------------- 2. (U) Qatari legislation addressing expatriate labor and sponsorship is found in Law No. 3 of 1984. According to the law, persons intent on entering or residing in Qatar in order to work must have a sponsor. The law stipulates that expatriate laborers cannot leave the country without a signed exit permit. Further, according to Article 10, the exit permit must be signed by the sponsor or his representative in front of the appropriate official at the Emigration Department. In the event that the sponsor or his representative cannot be present, the signature on the permit must exactly match that on record at the Department. Exemptions from this requirement are allowed only in instances in which the sponsor refuses to sign the permit without an acceptable reason for doing so, or if the sponsor dies while outside the country without designating a representative. The law further stipulates that the expatriate laborer cannot legally work for one person while sponsored by somebody else. --------------------------------------------- Practical Implications of the Sponsorship Law --------------------------------------------- 3. (U) Given the exit permit requirements, an expatriate laborer must have a signed exit permit every time he wishes to travel out of Qatar. Further, the laborer cannot change employment unless he obtains a written release from his sponsor. The extent of power conferred on sponsors leaves expatriate laborers vulnerable to abuse. 4. (U) There have been many instances of sponsors withholding their consent for the worker to travel or change employment in order to force the employee to work for longer periods, or to avoid having to pay salary owed to the worker. Many employers also withhold the passports of their workers, do not get the workers' passport stamped, or fail to renew their work visas and residence permits. The workers then encounter a myriad of problems when trying to leave the country, often culminating in their detention (reftel). 5. (U) Many workers wishing to change employers report that their salary arrears are put into jeopardy as some employers will refuse to pay the arrears, offering instead written release to change employers. In a recent survey conducted by a local Arabic paper "Al Sharq," expatriate laborers characterized the stringent requirements in the sponsorship law as tantamount to slavery. The requirements of the sponsorship law do deprive expatriate laborers of basic rights and create situations constituting forced labor as defined by the ILO, i.e., involuntary work exacted under the menace of penalty. --------- Visa Fees --------- 6. (U) High visa fees also exacerbate and contribute to the sponsorship problems. Fees for work visas and changing sponsorship are supposed to be the responsibility of the sponsors. However, in practice, many laborers are often forced to pay these fees. Further, foreigners who sponsor other expatriate laborers must pay a disproportionately higher fee than their Qatari counterpart. The fee for a work visa under expatriate sponsorship is the equivalent of $335, as opposed to the fee for Qatari sponsorship, which is $60. Sponsors have a three-month grace period within which to pay for the work visas, after which time there is a fee assessed for each day the visa is not paid. The fees for changing sponsorship are as follows: approximately $420 for the first request, $565 for the second request, and $700 for the third request. 7. (U) Many expatriate laborers coming to work in Qatar encounter delays in getting the work visa within their first three months in country because the sponsor does not have employment for them. The worker, who ends up without salary for months, must either work illegally (which many do) or leave the country. Those who choose to stay must find a new sponsor. Unless that individual is a skilled worker, he might have to pay the change in sponsorship and work visa fees as well as the late fines. For the average laborer, the total amount of the fees are in excess of their monthly salary. An employer seeking skilled laborers is more willing to settle these fees than an employer in search of unskilled laborers, who are in abundance in Qatar. ------------------- New Sponsorship Law ------------------- 8. (U) A new law is said to be coming soon that will relax the strict laws regulating the sponsorship of expatriate laborers. The pending sponsorship law is seen as a response to growing resentment and criticism of the current sponsorship law, which many--expatriates and Qataris--denounce for creating a system of servitude for expatriate laborers. UNTERMEYER
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