US embassy cable - 03ABUDHABI3410

UNCLAS ABU DHABI 003410 
 
SIPDIS 
 
STATE FOR NEA/ARP, NEA/RA, DRL AND EB/CBA 
STATE PASS OPIC/OPIC INTERNATIONAL POLICY DEPARTMENT 
FOR VIRGINIA GREEN AND CONSTANCE SHINN 
USDOC FOR 4530/ITA/MAC/ONE/DGUGLIELMI, 
4520/ITA/MAC/ONE/CLOUSTAUNAU, 
4500/ITA/MAC/DAS/WILLIAMSON, 
3131/CS/OIO/ANESA 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: ELAB, PREL, PHUM, PGOV, SOCI, CVIS, TC 
SUBJECT: UAE SUPREME COURT RULES SPONSORS CANNOT 
WITHHOLD PASSPORTS OF EMPLOYEES 
 
1. (U) Local papers reported on July 17 that the 
Federal Supreme Court ruled sponsors cannot withhold 
the passports of their employees -- a common practice 
among employers in the UAE.  The Court held that a 
passport is a personal document, granted by a 
government to its citizens to travel.  A passport 
cannot be taken away from its holder without a court 
order. Following the Court decision, Ministry of 
Interior Undersecretary Major General Shaykh Saif bin 
Zayed Al-Nahyan wrote in a letter to the Ministry of 
Labour and Social Affairs, "It is not allowed to 
impound a passport by any party other than the 
competent judicial authorities in accordance with the 
law... impounding this document by any party in the 
UAE without a court order is in violation of the law. 
[The Ministry of Labour is] requested to send 
instructions to all relevant parties in the country to 
take the necessary measures against anyone who 
impounds or seizes the passport of another person no 
matter what the reasons and justifications are." 
 
2. (SBU) Local interlocutors told Econoff that they 
were surprised, but pleased, by the decision. They 
stated the decision came out of the blue and is likely 
to benefit low-income workers. Though holding 
passports is a widespread phenomenon, some Western 
executives do not surrender their passports to their 
employers when working in the UAE. However, laborers 
and workers in blue-collar jobs generally do 
relinquish their passports because they lack leverage. 
The embassy contacts expect the UAE market for fake or 
forged passports to shrink over time as workers hold 
on to their passports. One local attorney told Econoff 
that he would immediately start informing U.S. and 
western businesses that they should not keep their 
employees' passports, whereas in the past he 
recommended it as a local business practice. 
 
3. (SBU) Comment: The Court decision and follow-up 
statement by the Interior Ministry are welcome 
developments. It will take time for the decision to 
have a meaningful practical impact and it is unclear 
what sanctions sponsors will face for retaining 
passports, but the decision is nevertheless a very 
positive step forward for workers. In the long-term, 
controlling their own passports will create bargaining 
leverage for workers and likely result in better 
treatment and wages. End comment. 
 
Wahba