[Part of the representation to the Government of India, submitted by Shri. Jabir P.K. - Full Text]
[Download PDF - 68KB]
10 June, 2013
The Secretary to Government,
Ministry of External Affairs,
NEW DELHI.
Ref. Your Letter No.4393/JS(GD)/2012 dated May 2, 2013 [Enclosure]
Nitaqat Law, Kafala system, Huroob & Years of Human Rights Abuses in the Gulf Cooperation Council (GCC) Member States.
Since the beginning of 2013, several Gulf Cooperation Council (GCC) member states launched intensive raids against undocumented migrant workers as part of Nitaqat Law (Nationalization). As per official estimate, nearly five million Indian migrants are currently living in the Gulf region. The distress and uncertainty facing migrants is extremely concerning; media reports and evidences shows that migrant workers are subject to indefinite detainment in squalid living conditions, treated like dirt, that guest workers have no rights, and receive minimal support from state representatives or diplomatic institutions. Due to non-availability of proper assistance, agents are flourishing and making profits over the pain and sufferings of these expatriate workers promising them things they cannot deliver.
Saudi Media estimates that over 200,000 migrants have been deported since the Saudization (Saudi Arabia's Nitaqat Law) program’s implementation earlier this year.
There has been widespread perception that the new policy will lead to denial of job opportunities for a large number of Indians working there.
Currently, according to Indian Mission, thousands of stranded migrant workers are languishing throughout Saudi Arabia; about 15,000 passports of stranded Indian workers, surrendered by Saudi sponsors, has handed over to the Indian embassy in Riyadh, in a bid to resolve cases of immigration law violations. "Most passports, surrendered by sponsors to the Saudi authorities, belong to stranded Indian workers, including those languishing in jails on ‘Huroob’ (Absconder) charges or on charges of violation of Saudi residency laws.”
The GCC states must adopt all precautions to ensure the dignity and rights of migrant workers are respected. Migrants must have access to attorneys, translators, and to expedient repatriation mechanisms. GCC governments must work in close coordination with sending nations to ensure essential services, including payment resolution and legal provisions, are rendered to migrants. Migrants should be allowed to redress any negative employment conditions which may have prompted them to seek employment with an entity other than their original sponsor.
Deportations disproportionately criminalize and penalize migrant workers and mass deportations fails to review individual cases violate article 26(2) of Arab Charter on Human Rights. GCC governments have not made public or accessible standard procedures of raids or deportations, nor have they stipulated the rights or obligation to the rights of undocumented workers in such cases.
According to Article 22(4) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), migrants have the right to contest expulsion under the review of the competent authority. Sending nation embassies must also monitor the treatment of detained citizens and provide free, accessible legal support where possible.
Articles 22(6) and 22(9) of the ICRMW proscribe the interference of deportation in “any wages or entitlements due to a migrants.” Sending-nation embassies and consulates should provide staff and services to aid migrants in reconciling issues with nonpayment prior to eminent deportations.
The following descriptions will substantiate the above report
“Nitaqat Law” (Nationalization).
Saudi Arabia's Nitaqat Law is a Saudization program initially developed in 2011 that prescribes national employment quotas and penalties for non compliant firms. The 'Nitaqat' law makes it mandatory for local firms to hire one Saudi national for every 10 migrant workers. According to unnamed official sources cited in the Saudi media, “there are 340,000 businesses in the market with zero Saudization.” The program’s recent reinforcement has led to a massive crackdown on undocumented migrant workers, including those who no longer work for their original sponsor and have failed to transfer sponsorship. However, undocumented migrant workers who have absconded from their employers or overstayed their visas and now reside in Saudi illegally are inevitably targeted in labor camp raids or office inspections.
“Kafala system” (Sponsorship)
The core migration policy is sponsorship or “Kafala system” in the GCC states that requires foreigners to have local citizen sponsors known as Kafeel. The UN International Labour Organisation’s (ILO) Report 2013 pinpointed the “kafala”, or sponsorship system, as a cause of exploitation and said there was a lack of laws and governance. “An estimated 600,000 migrant workers are tricked and trapped into forced labour across the Middle East”, the United Nations International Labour Organization (ILO) on 9th April 2013 reported at the first regional conference on human trafficking, highlighting in particular the visa sponsorship system between in-country employers and workers. The kafala system ties the employer to the employee and this system is also the cause of the many abuses that the expatriate workers suffer in the Middle East. The ILO report urged GCC nations to amplify regulation of scrupulous recruitment agencies, to implement monitoring schemes of households to ensure the protection of domestic workers, and to reform the sponsorship by empowering the role of labour ministries a more central role in the migration system.
“Huroob” (Absconder/Escapee)
Huroob is an Arabic term, a kind of termination of work contract in a special situation. According to the labor law a Kafeel (Sponsor) has to report his expatriate employee’s absence for a specified period of time to the passport authorities to declare him as Huroob in order to escape liability of illegal activities of the employee during his absence. A large number of migrants have been blackmailed and have faced extortion from their Kafeel (sponsor) who fraudulently use “Huroob” card as a weapon to curb complaints. The distress and uncertainty facing migrants is extremely concerning. In contrast, migrants are severely criminalized, forced to pay high fees, potential detainment and to face imminent deportation. A significant portion of Arab sponsors illegally charge workers employed with another entity to renew Iqamas (residency permits) or circumvent quota policies by falsely registering their current employees as “huroob”.
If a person becomes “Huroob”, which warranted his or her detainment and deportation. He cannot apply for exit or re-entry visas and contend with frozen bank accounts. His family will also affect especially if there are school-going children; his residency permit in the country will be cancelled and his stay will be illegal. In this circumstance, his all rights and benefits as a legal employee will be cancelled and the only way out of the country is through “Tharheel” (Deportation centers). Additionally, the psychological impact on migrants uncertain conditions are highlighted in the press report (List of deaths in detention centers)
Saudi sponsors, to avoid Nitaqat-monitoring, tend to deport expat workers working under them “Huroob”. Saudi officials recently announced that sponsors can no longer register such cases and that all current cases will be canceled. Saudi officials have not announced a timeline for these reforms. This uncertainty is concerning as in the past the GCC countries have failed to implement similar commitments meant to provide migrants workers. It is for the sending states to ensure adequate protection to its citizens working abroad.
GCC countries must uphold its obligations to protect migrant workers from further exploitation by ensuring both regular and irregular migrants have access to legal recourse to equitably settle issues with employers. In accordance with international norms, the GCC countries should also provide an opportunity for undocumented migrants to appeal illegal residency status and to avoid mass deportation programmes. A legal mechanism between the GCC countries and sending-states is critical to curb the unlawful practice of the law such as “Huroob” and the transgressions of migrants.
[Part of the representation to the Government of India, submitted by Shri. Jabir P.K. - Read Full Text]
References:
The UN Protocol against Human Trafficking
The ILO against Migrant Smuggling and Human Trafficking.
Reports by Human Rights Watch (HRW)
Amnesty International Recommendations
Manorama News from Gulf & Middle East Region
The Saudi Gazette on Migrant Workers.
Return To: The second (important) reminder notice to the Secretary, Ministry of External Affairs, New Delhi
Enclosures:
1) Response from the Joint Secretary, Ministry of External Affairs, New Delhi
to my representation Indo-Gulf Reparation Mechanisms.
2) Important reminder notice dated 20th March, 2013.
3) Nitaqat Law & Years of Human Rights Abuses in the GCC Member States (Reports).
4) A summary of some recent cases.
(Return to: ‘INDO-GULF REPARATION MECHANISMS’ TIMELINE HIGHLIGHTING SUBMISSIONS & RESPONSES)
Visit Main Section For Articles & Updates: ‘PUBLICATIONS
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What Others Say About The 'Challenging Task' Of Jabir, The Judgment Creditor:
JUSTICE V.R. KRISHNA IYER
October 29, 2012
The integrity and fraternity of the Indian nation are of great value for the survival of Swaraj. The political substantiation of this thesis is found on excellent grounds well presented in the great book compiled by Sri. P.K.Jabir who is a public activist and writer of unitive conviction. The content of this book I am sure would serve the purpose of strongly persuading the Government of India to frame necessary laws empowering Indian citizens living in Gulf Countries to invoke various remedies for the losses and sufferings caused on account of various unforeseen reasons as provided by the United Nations under the rules and regulations framed by it as detailed in the various chapters of the book.
JUSTICE V.R.KRISHNA IYER
[When the grievances placed before Justice V.R. Krishna Iyer, he was, despite his many critical disabilities, generous enough to give useful directions. The representation, 'Indo-Gulf Reparation Mechanisms' was prepared in the light of the guidelines suggested by him].
JUSTICE K. SUKUMARAN
January 30, 2013
Mr.Jabir is a founder member of Niyama Sameeksha, a popular Law Journal which had contributed significantly to legal education for the common man. He continues to be an effective social activist, even while efficiently operating in his professional operations. Mr.Jabir had passed through fire, after his most atrocious deportation from U.A.E., in 1996. As a counsel for Jabir, I had endeavoured much in the Supreme Court and Delhi High Court to secure justice for him. It is sad but true that justice has eluded him so far.
JUSTICE K. SUKUMARANLink To COVERING LETTER OF 'INDO-GULF REPARATION MECHANISMS' - Covering Letter by JUSTICE K. SUKUMARAN, Former Justice of Kerala and Bombay High Courts.
PROFESSOR DR. P. J. JOSEPH
June 17, 2015 at 10:29 am
Dear Mr. Jabir,
I read your write up with great excitement and anxiety. It reads like a thriller. We are shocked at the incredible extent of inhuman cruelty against which the whole world should wake up. Your account should get wider publicity, so that larger number of people would become aware of such denial human rights.
Congratulate you on your power of endurance.
Regards,
PROFESSOR DR. P. J. JOSEPH.
Sent: Monday, March 28, 2005 9:26 PM
Subject: Requesting permission to use article
Name: Deborah Kitchens
Email: KitchensDS@state.gov
Country: U.S.A.
We are interested in using parts of your article in our annual Trafficking in Persons report. The article was located at the following website: http://www.uaeprison.com/child_rights_news.htm
If you would let me know as soon as possible so that we may move forward in this process.
Thank you in advance,
Office to Monitor and Combat Trafficking in Persons
U.S. Department of State
1800 G Street NW, Suite 2148
Washington, DC 20520
Tel: 202-312-9666
Sent: Saturday, February 22, 2003 6:49 AM
Country: India
I saw your web site UAE Prison.com. My hearty congratulations. I am Psychiatrist by profession in private practice at cochin, India. I am also Hon Director of a Project "Torture Prevention Center India". The theme of the project is 'PREVENT TORTURE, RESIST TORTURE AND HELP VICTIMS OF TORTURE'. We initiated the project just few months before and we are in the initial set up. The information I gathered from the web site was very useful and informative. I request you to mail me relevant information with regard to torture and human right violations which comes to your attention.
DR. S.D. SINGH, INDIA.
No.4796/A1/99/NORKA
Non Resident Keralites' Affairs (A) Department, Thiruvananthapuram, dt.18.12.1999
Sir,
A copy of the petition dated 13.12.99 received from Shri. P.K. Jabir, and a copy of his Lawyer's Notice dated 27.10.99 received along are enclosed. This Government have no provision to arrange or assist in his legal representation in the Courts abroad nor allow any ad hoc financial assistance as required by him. This Government requests the Ministry of External Affairs to take appropriate action so as to redress the grievances of the petitioner.
Yours faithfully,
AMITABH KANT
SECRETARY TO GOVERNMENT.
Link To 'SHOCKING FACTS ABOUT THE UNITED ARAB EMIRATES (UAE)' - A reply letter from the Non Resident Keralites' Affairs (A) Department, Thiruvananthapuram, Government of Kerala (NORKA).
AL WATHBA CENTRAL PRISON, ABU DHABI
Mr. George Titus Valliazham'
Block-6, P.O. BOX -253, Abu Dhabi – Letter Dated: June 27, 1997
[Excerpts from the letter, George Titus, UAE Exchange founder partner]
My dear Jabir,
I am very happy to know that you are pursuing with determination on the things we had discussed here and I commend your persistence to get justice done. I have every confidence that you will expose these people and win your point. Of course the road to that end can be really frustrating and the hurdles on the way may occasionally look insurmountable. But I say keep on, fight hard with unflinching faith in your mission and success will be yours. My best wishes and prayers are always with you.
GEORGE TITUS VALLIAZHAM
Link To 'SHOCKING FACTS ABOUT THE UNITED ARAB EMIRATES (UAE)' - Censored letters from Al Wathba Central Prison, Abu Dhabi.
UNITED NATIONS OFFICE AT GENEVA
High Commissioner For Human Rights
Centre For Human Rights
Reference: G/SO 215/1 UAE 707
28 February 1997
Your Communication dated 26 December 1996
Dear Mr. Jabir,
This is to acknowledge the receipt of your communication referred to above. In accordance with a procedure set out in the enclosed resolutions, a copy of our communication will be sent to the authorities of the country concerned and a summary of it will be confidentially submitted to the Commission on Human Rights and the Sub-commission on Prevention of Discrimination on Protection of Minorities.
Yours Sincerely,
Helga Klein
Chief a.i., Support Service Branch
Link To 'SHOCKING FACTS ABOUT THE UNITED ARAB EMIRATES (UAE)' - An acknowledgment from the Office of the UN High Commissioner for Human Rights, Geneva.
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Invest in Justice. The landscape of Justice in the UAE is changing!
The UAE is responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them. The UN General Assembly should only elect member states to serve on the Human Rights Council that can demonstrate their commitment to human rights, Amnesty International said ahead of Monday’s vote for 18 new Council members...Read More
UAE has been elected as a Member of the U.N. Human Rights Council for 3 years from January 2013. On this occasion, Dr Anwar Mohammad Gargash, minister of state for foreign affairs said that this achievement highlighted the values and culture of the UAE which are based on tolerance, openness, justice, equality and human dignity. (More Details)
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The presentation of the past track records of the UAE on Human Rights and its further commitments to the UN as a prelude to its obtaining membership in the UN Human Rights Council further strengthens the scope for a speedier satisfaction of the victim's judgment...Read More Portfolios of UAE Judgments For Sale!
The Constitution of the UAE clearly indicate the commitment on the part of the officials of UAE to ensure freedom to individuals. The Union Ministers are also committed to ensure and supervise the implementation of the decisions of the judiciary (Article 60, Clause No.7 of the Constitution of UAE). See the link above...More Details
Demanding Justice, Truth and Court-ordered reparations
Respect Judicial decisions and uphold the rule of law.Mindful, in particular, that a judgment debt is hanging over the Abu Dhabi Emirate, United Arab Emirates. The judgment is binding and enforceable by the court of Abu Dhabi from where the ruling came from. It should also be kept in mind that successor governments remain bound by the acts incurred by the predecessor governments. The Judgment debt of Abu Dhabi, can be eliminated or satisfied by the enforcement of judgments and legal remedies...Investors
Is the External Affairs Ministry of India above the Law?
The External Affairs Ministry, Government of India, was directed by High Court of Delhi to dispose of the representation submitted by petitioner within two months of the date of the Judgment. The directives contained in the judgment of Delhi High Court was dated 20-11-1997. In total negation of such a specific order of the Delhi High Court, the External Affairs Ministry, despite the lapse of 16 years of date of the judgment, demonstrates a blatant disrespect to the law of the country. The legal instruments that a society or government develops in order to deal effectively with crime and meaningful relief to victims of their circumstances. When these legal principles are ignored it would only erode the public faith and confidence in the judicial system...‘Read Publications’
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Article on 'UAE Judgment Debts': Published on 19 Oct, 2016 New Delhi [Reparation Law News] ‘Download ‘Authentic Copy (PDF: 1200 kb)‘
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