The Persian Gulf: The Situation of Foreign Workers

1.   INTRODUCTION

Since Iraq invaded Kuwait, nearly 1,800,000 people have fled the two countries (Middle East Report Jan./Feb. 1991). While insecurity, food shortages and lack of work account in part for this exodus, the main reason is foreign workers' fear of being used as a "human shield" in the event of an attack on Kuwait (Middle East International 14 Sept. 1990, 11).

Foreign workers living in the Persian Gulf area (Saudi Arabia, Iraq, Iran, Kuwait, Oman, Qatar, Bahrain and the United Arab Emirates) come from Europe, the Americas, Africa and Asia.

Except for Palestinians, who have no state of their own, and Yemenis, who, according to Amnesty International, have suffered harsh treatment in Saudi Arabia, foreign workers of Arab origin have found it easier than other groups to leave Kuwait and Iraq (The Associated Press 3 Nov. 1990). On the other hand, foreign workers from South Asia (mainly the Indo-Pakistani subcontinent), Southeast Asia and East Asia have encountered several obstacles.

The number of work permits issued to workers of Asian origin by countries such as Kuwait, Bahrain, Oman and Saudi Arabia has risen significantly since the 1970s (International Migration Review 1986, 816; Scandinavian Journal of Development Alternatives 1990, 104-105). Several factors account for the increase in the number of Asian workers in the Gulf region, especially Kuwait. The principal factors include the attraction that an area with relatively bright economic prospects holds for Asians faced with a grim situation in their countries of origin, the low cost of Asian manpower, and Asian workers' "relative docility" (International Journal of Middle East Studies 1986, 32).

In Kuwait in the late 1970s the majority of migrants were from India, Pakistan and South Korea. However, their numbers have since fallen off, while the number of workers from Bangladesh, Thailand, the Philippines and Sri Lanka has grown rapidly (Scandinavian Journal 1990, 106). In countries such as Bahrain, 93 percent of the work permits issued in 1984 went to Asian workers (Ibid., 104).

Given the large number of refugee status claimants from South Asia in Canada, a review of the situation of foreign workers in the Persian Gulf is in order.

2.    THE LEGAL STATUS OF FOREIGN WORKERS

2.1                Recruitment Method

The recruitment method varies according to the workers' origin. Those of Arab origin have family or clan ties which help them find work, while those of Asian origin must pay an official or private intermediary for assistance. In most cases, the employer pays air fare (Minority Rights Group 1985, 5).

2.2              Legal Status

2.2.0            General

Migrant workers in the Persian Gulf have a precarious legal status. Government regulations are designed to control the entry and residence of labour, and contain nothing about rights or labour organizations (Minority Rights Group 1985, 11; International Journal 1986, 51). In Kuwait, for example, non-Kuwaiti workers have very few job-related benefits (Russell 1990, 21). As a general rule, such workers are excluded from social insurance programs provided for Kuwaiti citizens, although private sector workers with at least five years' seniority may qualify for some financial compensation. Public sector employees may also have financial compensation clauses in their contracts (Ibid.).

Employment regulations provide for only short-term contracts (Minority Rights Group 1985, 11; International Journal 1986, 51). For example, Saudi Arabia hires Asian workers on renewable two-year contracts (The Chicago Tribune 25 Nov. 1990). In most Gulf countries, the number of migrant workers obtaining an entry permit varies according to the country's labour requirements (Country Studies 1984, 53).

The sponsor, usually the employer, is responsible for reporting any breach of the regulations (Minority Rights Group 1985, 11). Foreign workers are wholly dependent on individual or government sponsors and cannot change jobs without their permission (Ibid.). In Saudi Arabia, workers must leave their passports with their employers or sponsors for the duration of their stay (The Chicago Tribune 25 Nov. 1990). Such regulations restrict foreign workers' movement within the country and also make it harder for them to look for a better job or leave the country (Ibid.).

Foreign workers are usually hired for specific tasks and must leave the country for a given period when their contracts expire. In Kuwait, this period is two years; after that, a worker can obtain another contract (Minority Rights Group 1985, 11).

2.2.1           Female Foreign Workers

In many respects, the situation of migrant female workers in the Gulf is equally precarious. Some 60 percent of non-Kuwaiti women are maids who are not covered by the social insurance and financial benefit provisions of the Kuwaiti Labour Code (Russell 1990, 21). Special provisions apply to the nearly 26 percent of non-Kuwaiti women who are employed by the government (Russell 1990, 21). There are many difficulties in the application of labour standards to female domestic workers (Ibid., 21-22). Sources report that some employers have mistreated female workers and also point to cases of women who were abandoned by their recruiting agents even before they reached their destination (Ibid.).

Generally speaking, migrant working women in Kuwait and the Gulf are restricted to jobs considered acceptable in the professional, office and service sectors (Russell 1990, 22). Non-Kuwaiti working women earn roughly half as much as foreign male workers (Ibid.).

2.3                Residence Rights

Residence rights are closely linked to work permits. A worker who commits an offence usually loses his job (Ibid.). The Department of the Interior has the authority to deport workers for security reasons at any time (Ibid.). Some Gulf countries, such as Saudi Arabia, have residential areas strictly reserved for foreign workers (Country Studies 1984, 53). Separated from the host society by virtue of their citizenship, migrant workers are also cut off from the social life of the host country.

There are other obstacles to obtaining residence rights; for example, in some countries foreigners are prohibited from owning land or a business (International Journal 1986, 53). Even workers who have lived in Kuwait for a long time cannot be majority owners of a company, since 51 percent of the company must be owned by Kuwaiti interests (Middle East Report Jan./Feb. 1991; International Journal 1986, 53).

2.4          Acquisition of Citizenship

Acquisition of citizenship is restricted in all Gulf countries. In Kuwait, for example, there are generally speaking two classes of citizens: those whose ancestors lived in the country before 1922 and those who arrived (or whose parents or grandparents arrived) between 1922 and 1945 (La Presse 12 Jan. 1991, B5). For anyone else, acquiring citizenship is almost impossible. As a result, 60 percent of the population of Kuwait is not Kuwaiti (Ibid.). The few who do have the privilege of acquiring Kuwaiti citizenship are Muslim (Ibid.).

In most of the Gulf States, the conditions that an applicant must satisfy in order to become naturalized are somewhat less stringent for foreign workers of Arab origin, but nevertheless vary considerably from one country to another. In Kuwait, the United Arab Emirates and Bahrain, for example, Arab applicants must have lived in the country for periods ranging between ten and thirty years (Russell 1988, 196). Non-Arab applicants must have twenty years of uninterrupted residence in Kuwait (Ibid., 192). Children of Arab immigrants are covered by the same provisions (Ibid., 196). However, if these children are minors, they can acquire citizenship pursuant to their father's naturalization, and retain it upon application once they reach adulthood (Ibi d.). The number of naturalizations permitted annually in Kuwait was set at five hundred in 1984 (Ibid., 192).

Nowhere in the Gulf States are foreign workers encouraged to settle permanently. The chief fear is that immigrant workers will one day take advantage of their numerical strength at the expense of the original population (Country Studies 1984, 53). Given the strict regulations, it is practically impossible for foreign workers to become citizens of the host country (Ibid.). The majority of migrant workers thus have only temporary resident status (International Journal 1986, 53). Kuwaiti legislation, for example, does not recognize citizenship based solely on place of birth or residence (Ibid.). As a result, even people who have lived for over fifteen years in Kuwait as temporary residents still need a Kuwaiti sponsor (kafil) in order to renew their residence visa (iqama) (Ibid.).

3.         EXIT FROM THE COUNTRY

3.1 Exit Routes

At the beginning of the crisis, the most accessible route and the one most commonly used by refugees to leave Kuwait or Iraq was across the desert to Amman, the capital of Jordan (Middle East International 14 Sept. 1990, 11). The road usually taken to leave Kuwait had been the expressway that follows the coast into Saudi Arabia. However, Iraqi authorities had closed it, forcing workers to head toward Jordan (Kyodo News Service 29 Aug. 1990). In the east, the road through Iran was also closed by Iraqi forces, except for some passages. Iraqi forces also closed the roads toward the north, in particular those passing through the town of Habur. Some Vietnamese succeeded nevertheless in reaching Turkey, which is far out of the way for Asian workers fleeing Iraq or Kuwait (Ibid.; Reuters 16 Jan. 1991). These exit routes are, broadly speaking, the same ones now being used by Kurds.

Over 1.5 million migrant workers reached Jordan, and of these, 860,000 Asians had to stay there for some time (The Los Angeles Times 10 Jan. 1991). That is why Jordanians also consider themselves victims of the Gulf Crisis. The situation became so acute that Jordanian authorities decided to prevent workers, mainly Asians, from entering their country until the foreign workers already inside the borders were repatriated (Reuters 9 Nov. 1990; The Independent 16 Jan. 1991). In fact, the road to Jordan was closed and reopened several times during the crisis, but the situation has now returned to normal.

3.2  Obstacles to Leaving

Workers attempting to leave Iraq and Kuwait must deal with many difficulties. They must have an exit visa, and many of them, especially Asians, must have enough money to pay first for the bus trip across the desert and then for the flight back to their country of origin (International Labour Bureau [ILB] 12-16 Nov. 1990, 6). However, Asian workers do not have the necessary funds because all Kuwaiti financial institutions have been closed (Ibid.). According to a report released in mid-November but not reconfirmed since, Iraqi authorities forbade those workers who have positions in sectors identified as strategic or crucial, to leave (Ibid.). Saudi Arabia's decision to close its air space to planes carrying those wishing to leave the Gulf region was another impediment, as reported by The International Organization for Migration (IOM) (Reuters 9 Jan. 1991). Although this situation has now returned to normal, there are other problems. Iraqi legislation prohibits any foreigner married to an Iraqi citizen or, since the invasion, to a Kuwaiti citizen (during the occupation, Kuwait came under Iraqi law) from leaving (The Toronto Star 27 Dec. 1990). Indian nationals were forced to stay in Saudi Arabia, Qatar and Bahrain after Air India closed down its air services because of imminent war (The Xinhua General Overseas News Service 16 Jan. 1991). In addition, Saudi authorities declared 85 percent of their services essential, effectively preventing all foreign workers who have not completed their contracts from leaving the country (Island International 13Feb. 1991, 12).

A New York Times report mentions that in the fall of 1990, Iraq required an exit visa for those wishing to leave the country (28 Jan. 1991). Those already at the border of Jordan thus had to go back to Baghdad to obtain an exit visa, and that meant travelling on a road frequently bombed by Coalition troops (Ibid.). However, none of the other sources consulted corroborates this information. According to the Embassy of Jordan, there were still foreign workers in Jordanian camps as of 14 May 1991. This source also reported that the number of foreign workers now leaving Iraq and Kuwait is negligible.

3.3          Displaced Persons Camps in Jordan

There are several camps in Jordan and others are being set up in Iran, Turkey and Syria (UNHCR, REF/1665 25 Jan. 1991). Workers travelling to Jordan have been housed in Azraq, Shaalan 1 and 2, Mercy and other camps. Most of the inhabitants of these camps are workers from South Asia (in particular the Indo-Pakistani subcontinent), Southeast Asia and East Asia. The Azraq camp northeast of Amman, built by the International Red Cross, has the best living conditions (Reuters 28 Sept. and 8 Nov. 1990). Living conditions in Shaalan 1, near the Iraqi border, have been especially harsh. Some sources report that one month after the exodus began, 40 percent of the refugees in this camp were without shelter (Refugee Reports 28 Sept. 1990). Moreover, in mid-September, lack of food and water made the situation critical (Reuters 28 Sept. 1990; Asiaweek 21 Sept. 1990, 18). The temperature sometimes rose to 40ø C in the daytime before falling sharply at night (Asiaweek 21 Sept. 1990, 21).

4.                RETURN TO COUNTRY OF ORIGIN

Under pressure from India, Sri Lanka and the Philippines, the UN Security Council voted on 13 September to give humanitarian aid to foreign workers (Asiaweek 28 Sept. 1990, 40). Various international organizations took part in evacuation operations, among them the International Red Cross, the International Labour Bureau and the International Organization for Migration (IOM). Asian workers face increasing difficulty in leaving the country because several airlines have withdrawn from the region (The Independent 16 Jan. 1991).

Several sources have reported cases of Filipino women being raped by Iraqi soldiers (The Washington Post 30 Mar. 1991; Reuters 28 Feb. 1991). The Iraqi government is said to have forced foreign workers to find an Iraqi sponsor in order to remain in Kuwait (Reuters 9 Nov. 1990). One report stresses that nationals of countries such as Sri Lanka, Vietnam, Romania, Sudan and China are now unemployed in Gulf countries. These people may be unwilling to return to their country of origin for fear of being unable to avail themselves of their government's protection or of suffering ill-treatment (Refugee Reports 28 Sept. 1990, 8). The same report mentions cases of Somali and Ethiopian workers having to return to a host country where they are already recognized as refugees. Most of them have no alternative to refugee camps (Ibid.). In a newspaper article dated 16 January 1991, Somalis are reported to be still stranded in Jordan because of the troubles besetting their country (The Independent 16 Jan. 1991). Groups of Liberians, Afghans and Sudanese are in the same predicament (Ibid.). Sri Lankans are also reluctant to return to their country. It has been reported that as of 30 November, 5,000 to 10,000 of the 100,000 Sri Lankan workers in the Gulf did not want to leave Kuwait, another 800 were still in Iraq, and about 5,000 were with their Kuwaiti employers in Saudi Arabia (Kyodo News Service 30 Nov. 1990).

5.  CURRENT SITUATION

Foreign workers in the Gulf countries, Asians in particular, do not have the same legal status as citizens. Such workers are tolerated provided they comply with the restrictions imposed by the terms of their contracts and work permits as well as by their sponsors. Thus, because of the transitory nature of their stay, foreign workers live in fear of arbitrary expulsion.

Major socio-economic problems surround workers' return to their countries of origin. The rise in oil prices resulting from the crisis coupled with the return of workers from the Gulf region creates heavy pressure on the economy of their countries. Asian governments lose millions of dollars remitted to their countries by workers in the Gulf. Those who had been working in Kuwait or Iraq had to leave their savings there and will need assistance from their governments. One source estimated that the Gulf crisis would cost Sri Lanka some 127 million dollars (The Xinhua General Overseas News Service 30 Nov. 1990).

For countries such as Bangladesh, India, Pakistan, Vietnam and the Philippines, which already have serious financial and economic difficulties, the extra burden of returning workers is so great as to render difficult their long-term reintegration into the economy. The Asian Development Bank has financed a study of this issue (Kyodo News Service 7 Jan. 1991).

Despite the promises made by some Asian governments, they appear unlikely in practice to succeed in freeing the resources needed for the re-establishment of these workers. A striking example is the case of the Philippines: from August to September 1990 alone, 16,500 Filipino workers returned home from the Gulf, but only about one hundred of them have been able to find work with the help of the government worker re-entry program (The Associated Press 27 Sept. 1990).

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