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Rectifying status of foreigners
Published in The Saudi Gazette on 17 - 04 - 2013


Dr. Ali Al-Ghamdi


A large number of foreigners heaved a sigh of relief after the recent order issued by Custodian of the Two Holy Mosques King Abdullah to give a three-month reprieve to correct their status. They were in grips of panic following widespread rumors about random inspections from the Ministry of Labor (MoL) and the Passport Directorate. There were rumors that some inspection teams were clipping residency permits (iqama) of those who are working with employers other than their sponsors after their arrest and then they would be deported right away to their respective countries.
These rumors had resulted in the reported closure of several offices, shops as well as private and international schools, especially those where English is the medium of instruction. Some school authorities have reportedly asked their teachers and students to stay at home and not to venture out to their institutions. Functioning of a number of hospitals and polyclinics was also affected.
However, MoL officials have denied the reports about such raids, and so did the Passport Directorate. The spokesman of the Passport Directorate said that there had been no inspections or campaign on schools or health clinics to catch labor law violators. He also pointed out that some unscrupulous people who are not associated with the government agencies may be behind it to create panic and were involved in clipping iqamas of some expatriates after impersonating officials of the MoL or the Passport Directorate. He cast doubts that some of these guys might have pounced on foreigners and blackmailed them for financial gains.
Several writers and columnists wrote about this in the local Arabic daily newspapers. In their articles and columns, some of them backed the campaign and blessed it. They also wished for carrying out the campaign forcefully and without any leniency. Some others criticized the campaign, especially the way by which it was being carried out.
In my view, this problem should be addressed in a calm and unhurried manner on a priority basis. It could be started with foreigners who were overstaying their Haj and Umrah visas. Then, we have to solve the issue of those who ran away or went missing from sponsors (huroob). Some people put the blame on the MoL for this situation because of its failure to halt the visa trade under which thousands of visas were issued for those who have no jobs to offer. These Saudis usually sell visas to those who pay them more money and then allow the hired staff to find jobs on their own which is in violation of the labor law. Such visa is known as free visa in the sense that it gives the holder the freedom to find jobs anywhere and under any employer other than their sponsor. These sponsors were not simply selling visas and allowing their workers to find jobs but are keen to collect fixed amounts from them either monthly or annually. They also levy additional charges for iqama renewal, issuing of exit and reentry visa and for changing of sponsorship or profession.
A large number of owners of small and medium enterprises, schools, hospitals and contracting companies which find it difficult to get work visas were forced to hire workers who are freely available in the local job market. Although they pay higher salaries for these workers, they are not liable to meet other responsibilities such as payment for house rent, transportation allowance and medical insurance premium.
The writers who backed the campaign and sought stiff action against the illegal workers justified their position because of their keenness to employ Saudis and replace the deported foreigners. One of them asked the Minister of Labor Adel Fakieh to follow the example of his predecessor, the late Ghazi Al-Gosaibi when some businessmen threatened him that they would shut down their shops or transfer to other Gulf states where they can get plenty of trained workers plus the easy procedures. At that time, the minister told them that he would be present at the airport to see them off if they moved to neighboring GCC states. Anyhow, the minister withdrew what he had said and felt sorry for his words that, according to him, were pronounced in a fit of rage.
No intelligent man can deny the right of Saudis to get employed. But, are there any Saudi who can do all types of works that expatriates can do such as construction works, cleaning, loading and unloading at ports, the trades of barbers, blacksmiths and workers at cafes, restaurants and automobile workshops. The posts of salesmen at grocery stores are supposedly reserved for Saudis but they are not ready to take them and just sit at these shops throughout the day. Therefore, the owners are forced either to recruit foreigners to run the shops or employ foreign workers who are not in their sponsorship.
The grace period given by King Abdullah to correct the status of foreign workers with free visas should apply to all concerned, starting with the MoL It is illogical and unacceptable that the Ministry had been issuing thousands of visas to Saudis who do not have jobs for the huge number of workers they recruit. It is a known that these sponsors had plans to sell the visas to agents even before applying for them. It is also unwise and unacceptable to deny visas for Saudis who have jobs for the workers. But there were instances in which Saudis apply for 10 visas even though they can employ only two or three workers. This forces him to allow the remaining workers to find jobs at their own risk. For this reason, it is inevitable to make rules and regulations to put an end to this inhumane trade, and then take advantage of the King's order. Workers who want to be released from their sponsors who have no jobs for them should be allowed to transfer their sponsorship. These include many Bangladeshis who have been denied to transfer their sponsorship following an unjust media campaign launched against this particular community as a result of some of its members involvement in crimes and other violations as in the case of other people from different countries.
Okaz newspaper recently published a study made by a senior official of the Ministry of Interior which revealed that the Bangladesh community comes fourth among the expatriates from other communities involved in crimes. It is unjust to punish all members of a community for crimes committed by a few in the same community.
Similarly, the MoL should stop the Nitaqat Saudization drive for a time because it will hamper the ongoing process of rectifying the status of foreigners. This process involves hard work and great endeavors that would require MoL officials to work overtime. The ministry can approach the King with a request to extend the grace period for status correction. Then, it should tackle the problem of visa traders by convincing them that the practice is illegal and tantamount to human trafficking, which is forbidden globally. They should be told that the practice is illegal and that they would face penal action, including fines, if they persist.
Finally, it is the turn of the guest worker who should, first and foremost, respect the host country's rules and regulations. He must work only with his sponsor. As far as housewives who work as school teachers are concerned, MoL should find a way to correct their status. Another alternative for this is to recruit teachers from abroad but it is expensive and thus would put additional financial burden on parents.
Under any circumstances, all those concerned should realize that implementing any hasty measure without studying all aspects of the problem would produce adverse impact on the development march of this great nation.
— Dr. Ali Al-Ghamdi is a former Saudi diplomat who specializes in Southeast Asian affairs. He can be contacted at [email protected]


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