US embassy cable - 03ABUDHABI1634

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