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Viewing cable 08JEDDAH501, GTIP AMBASSADOR LAGON VISITS SAUDI ARABIA

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Reference ID Created Released Classification Origin
08JEDDAH501 2008-12-01 05:16 2011-08-30 01:44 CONFIDENTIAL Consulate Jeddah
VZCZCXRO2625
PP RUEHBC RUEHDE RUEHDIR RUEHKUK RUEHLH RUEHPW RUEHROV
DE RUEHJI #0501/01 3360516
ZNY CCCCC ZZH
P 010516Z DEC 08
FM AMCONSUL JEDDAH
TO RUEHC/SECSTATE WASHDC PRIORITY 1044
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RUCNISL/ISLAMIC COLLECTIVE PRIORITY
RUEHDS/AMEMBASSY ADDIS ABABA PRIORITY 1344
RUEHLM/AMEMBASSY COLOMBO PRIORITY 0271
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 2020
RUEHJA/AMEMBASSY JAKARTA PRIORITY 0044
RUEHML/AMEMBASSY MANILA PRIORITY 0047
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0194
C O N F I D E N T I A L SECTION 01 OF 06 JEDDAH 000501 
 
SIPDIS 
 
RIYADH PASS TO DHAHRAN 
G/TIP FOR AMBASSSADOR MARK LAGON 
G/TIP FOR MARK TAYLOR 
DEPT PASS TO DRL FOR EBARKS-RUGGLES AND JLIEBERMANN 
DEPT FOR NEA/ARP 
DRL FOR ANZALDUA 
DOL FOR ILAB 
 
E.O. 12958: DECL: 11/30/2013 
TAGS: ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG SA
SUBJECT: GTIP AMBASSADOR LAGON VISITS SAUDI ARABIA 
DISCUSSES SPONSORSHIP SYSTEM, ANTI-TRAFFICKING LAW, 
CRIMINAL SANCTIONS 
 
Classified By: CG Martin Quinn for Reasons 1.4 (b) and (d) 
 
 1. (C) SUMMARY. Ambassador Lagon, Director of GTIP, visited 
Riyadh and met with officials from the government's Human 
Rights Commission, Ministries of Labor and Interior, a 
government-run shelter, a meeting of labor sending-country 
diplomats, and a shelter run by the Filipino embassy. A 
comprehensive anti-trafficking law was under discussion by 
various parts of the government, a new law pertaining to 
domestic workers was recently passed, and the sponsorship law 
is being considered for overhaul. The widely-criticized 
policy of employers/sponsors holding foreign workers' 
passports is not addressed by any current or pending law, 
while criminal sanctions for labor crimes other than extreme 
abuse do not occur. In addition, the continued lack of a 
proactive victim identification procedure to ensure that 
victims are not punished remains a key gap in Saudi Arabia's 
protection efforts. END SUMMARY. 
 
HUMAN RIGHTS COMMISSION DENIES PROBLEM 
-------------------------------------- 
BUT RESOLVES TO FIX IT 
---------------------- 
 
2. (C) Ambassador Lagon met with representatives of the 
government-run Human Rights Commission in Riyadh including 
the President Turki bin Khalid Al-Sudairi. The Human Rights 
Commission is essentially a government ministry and 
Al-Sudairi holds the rank of Minister.  Al-Sudairi pointed 
out at the onset of the conversation that he only learned of 
the human trafficking term 2.5 years ago. He explained this 
was the case because he claims Saudi Arabia does not have 
such a problem, and "we are not full-time culprits in human 
trafficking."  Othman Ibrahim Al Ahmed, Board Member of the 
HRC, concurred, "This issue of trafficking --you call it 
trafficking -- we did not see this happening since the boom. 
We think of this practice of exploiting laborers, of those 
who come legally, we really think of them (the exploiters) in 
a bad way." He noted that Saudi Arabia has "the only labor 
law in the world in favor of the laborer." With regard to sex 
trafficking, Al-Sudairi denied that Saudi nationals were 
involved in "houses of prostitution," and that they are 
operated mainly by foreign nationals. 
 
3. (C) CHANGING THE SYSTEM: Al-Sudairi revealed a potential 
major anti-trafficking, with the draft currently being worked 
on by the Shura Council(note: the anti-trafficking law passed 
the Shoura on Tuesday, November 25)  Sudairi was optimistic 
about the new law and noted that, "We hope your visit can 
help to speed up the process."  Al Ahmed explained that the 
law rests on collaboration between the Human Rights 
Commission, Ministries of Social Affairs, Labor, Interior, 
and Health. The use of the sponsorship system was defended by 
Al Ahmed, "Sponsors are responsible for the laborers that 
come to Saudi Arabia. They take care of him, feed him, give 
him insurance, and take care of his medical needs(" 
(COMMENT: Neither Post nor G/TIP has reviewed this draft 
anti-trafficking law, so we cannot comment on the efficacy of 
its definition of trafficking or the adequacy of its 
prescribed penalties.  END COMMENT.) 
 
4.  (C) CRIMINALIZATION: Ambassador Lagon raised the issue of 
imposing criminal, i.e., prison, sanctions on TIP offenders. 
Al Ahmed responded that there are penalties against companies 
for those delaying payment to foreign workers, adding that, 
"for sure these penalties are very harmful for these 
companies." He brought up a case where an individual killed 
his daughter and was given the death sentence recently 
(although he did not connect this to TIP).  He said, "Three 
years ago if someone was abusing their domestic helper, they 
would be told to go away ... now they will be punished." 
There were no examples provided of anyone convicted 
criminally for common abuses of labor such as non-payment or 
under-payment. One official claims that the draft 
anti-trafficking law will make it so that if a person 
 
JEDDAH 00000501  002 OF 006 
 
 
witnesses any form of TIP and does not report it, he/she 
could be sentenced for up to five years in prison. 
 
5. (SBU) VICTIM IDENTIFICATION: At several points during the 
conversation, Ambassador Lagon emphasized the need for 
proactive victim identification, or a formal procedure to 
actively screen for evidence of trafficking among vulnerable 
populations, such as foreign workers detained for running 
away from their sponsors.  Al-Sudairy commented that it was 
an "excellent idea" and asked for training in this regard. 
 
6. (C) TRAINING: Officials felt that training programs and 
education are positive ways to address problems.  Al-Sudairi 
offered that a new plan is to be issued by decree that would 
increase awareness of human rights in schools and police 
forces. The decree is currently before the Council of 
Ministers.  Al-Sudairi pointed out that additional HRC 
cooperation with policing organizations like the Commission 
for the Prevention of Vice and the Promotion of Virtue (AKA: 
Religious Police) and relief organizations such as the Red 
Crescent are aiding in human rights cases. 
 
GOVERNMENT SHELTER: A SAFE HOME FOR 
------------------------------------- 
THOSE WITH THE LEAST SERIOUS PROBLEMS 
------------------------------------- 
 
7. (SBU) Ambassador Lagon was invited to visit a women's 
shelter run by the Ministry of Social Affairs (MSW). The 
shelter's management explained that the home consists of two 
groups:  1) stranded workers picked up at the port of entry 
and awaiting to be picked up or paired with their proper 
sponsors, and 2) those individuals dealing with delay of 
salary payment with their sponsors and who stay until such 
time as the matter is resolved. Roughly 50% of sheltered 
women come from each group. Numerous nationalities are 
represented in the shelter with Sri Lankans and Indonesians 
among the largest numbers represented.  All the women in the 
shelter receive food, health care, a bed, and clothing. 
Opportunities for handicraft employment also exist to keep 
the women busy during their time at the shelter.  Women 
commonly remain at the shelter for three to ten days, 
although occasionally longer if there is a problem. 
 
8. (SBU) BACKGROUND OF WOMEN: There was considerable 
confusion as to how exactly a woman ends up at this shelter. 
The shelter is not for individuals with pending criminal 
cases, victims of physical abuse, and those with medical and 
mental health problems. A woman arrives usually when an 
embassy or the police recommend her to go there after she 
runs away from her employer. Those with serious problems will 
end up staying in hospitals, jails, or at an embassy shelter, 
depending on the nature of the problem and the facilities of 
the sending country. A doctor at the shelter said that it is 
very rare to see physical abuse and that in the only case 
seen, it was determined that it had been self-inflicted. 
According to the management, this shelter is only for those 
individuals who are having contract disputes or were not met 
by sponsors. One official suggested that many women run away 
due to culture shock and homesickness.  (COMMENT: Given the 
MSW officials' insistence that this shelter is not for 
"victims" and that it does not assist runaway workers with 
serious cases of physical or psychological abuse, its use as 
a shelter for victims of trafficking appears quite limited. 
END COMMENT.) 
 
9. (SBU) CASE STORIES: Ambassador Lagon and DOS officials had 
a chance to meet with some of the sheltered women consisting 
almost entirely on that day of Indonesians and Sri Lankans. 
An Indonesian woman in one room explained that she just 
wanted her passport to go home, that her contract had 
finished, and that she was not a victim of violence. One 
visibly injured Indonesian woman said she had been bruised 
from falling down and hurting her neck, was then sent to the 
hospital, and now since she is unable to work for her sponsor 
 
JEDDAH 00000501  003 OF 006 
 
 
was brought to the shelter. Another Indonesian woman claimed 
her passport was being held by her sponsor and thus she could 
not leave the country. A woman in the same room said she 
hoped to travel back to her home country even if she could 
not recoup the wages that had not been paid by her employer, 
who refuses to give her an exit visa. In a private meeting, 
an Indonesian woman explained that she ran away from her 
employer after completing 1.5 years of her contract and 
having been paid for only one year. She feels that the 
shelter offers good living conditions compared to the former 
home provided by her employer. 
 
MINISTRY OF LABOR: NEW LAWS ON 
------------------------------ 
THE WAY, QUESTIONS REMAIN 
------------------------------ 
 
10. (C) The Deputy Minister for Planning and Development, Mr. 
Bader Ba Jaber, and other Ministry of Labor officials met 
with Ambassador Lagon. The Deputy Minister explained that the 
ministry has followed TIP issues for a long time even though 
he considers it a new term. The Ministry is among the 
agencies charged with fighting trafficking according to a 
national plan. The Ministry is supporting training for 
recruitment agencies. The MOL also produces literature and 
pamphlets to educate and inform guest workers. Ba Jaber 
recognized that many laborers cannot read and write so they 
advocate additional steps taken to insure that rights and 
responsibilities are understood in advance of arrival. The 
Ministry is cooperating with other agencies to help limit TIP 
violations. Ba Jaber praised the efforts of the HRC and the 
Minister of Social Affairs for their work in this area. 
 
11. (C) CONTRACT AND PAYMENT DISPUTES: A primary concern of 
the MOL is dealing with contract issues between sponsors and 
employees. The Deputy Minister claims that there are 
sometimes criminal matters that surface as a result of late 
or non-payment, but did not indicate that these cases are 
enforced through significant penalties. An official mentioned 
the draft anti-trafficking law and noted that it will 
criminalize all acts of TIP so that violators can actually be 
arrested. (Note: It is not clear how TIP will be defined in 
the anti-trafficking law.) The MOL clarified the procedure 
for an employee to file a case seeking back payment in 
response to a question by Ambassador Lagon:  Laborers may 
file a case to the ministry even if they have not run away 
from their employers and they may do so as long as salary has 
not been received for three months.  At this point, the 
employee will be given permission to work elsewhere 
temporarily. If the period of time is more than three months, 
the employee may be transferred without the permission of the 
employer. 
 
12. (SBU) US HELP: Ba Jaber was receptive to Ambassador 
Lagon's suggestion that the Ministry might need help from the 
US, particularly as it moves towards enacting a new 
trafficking law, and then actually implementing it:  "We 
could benefit from this help. A law without implementation 
has no meaning. In principle we don't accept any violations 
of the rights of the employee."  He lauded the efforts the 
country has already made in this regard, "In the Kingdom, we 
treat employees the best -- with more pressure on the 
employer than the foreigner(. There will of course be 
violations." 
 
13. (SBU) PASSPORT HOLDING: Ambassador Lagon raised the issue 
of employers and sponsors holding passports, a practice that 
is routinely viewed by outsiders as placing laborers in a 
vulnerable position. According to one official, "There is 
nothing in the labor law about the issue of holding 
passports. In practice, the passports are held. Labor law has 
nothing to do with passports.  Why is there so much emphasis 
on passports?" He added that only the contract is binding 
between the employer and employee, or implying that even if 
the passport is held this does not indicate the status of the 
 
JEDDAH 00000501  004 OF 006 
 
 
laborer's rights and obligations.  Ambassador Lagon noted 
that the law might best forbid holding passports rather than 
merely not requiring they be held. 
 
14. (C) AN END TO SPONSORSHIP: A potential change in the 
sponsorship system was addressed by the MOL officials. A new 
system is being considered whereby visas would be granted by 
sector and demand rather than through sponsorship. An 
organizational body or company with MOL oversight would 
manage the process and would be responsible for providing 
exit visas to individuals. In this system, the foreign 
employees would have flexibility in moving between individual 
employers once they arrive to the Kingdom, subject to a large 
labor company involved in placement. The MOL recognizes that 
this system will be difficult to implement, particularly with 
respect to the handling of individuals already in the country 
under the current sponsorship system. (COMMENT:  This reform 
could be a substantial step forward and would set an example 
for the whole Gulf.  However, the Deputy Minister referred to 
this new system as "renting out workers."  The devil will be 
in the details to see if this reform occurs and would truly 
represent a reduction in the vulnerability of guest workers 
to TIP.  END COMMENT.) 
 
15. (SBU) DOMESTIC WORKERS: Domestic workers pose very 
specific challenges for the MOL. In a new law pertaining to 
female domestic workers, they are given the right to a 
comfortable home. There is nothing in the law that addresses 
whether a worker is allowed to leave the home provided by the 
employer, that matter remaining with the employer. Two months 
ago, the MOL, MOJ, and the Jeddah Chamber of Commerce and 
Industry entered the homes of domestic workers in order to 
investigate living and working conditions. 
 
MINISTRY OF THE INTERIOR: PASSING 
---------------------------------- 
THE BUCK BACK TO LABOR 
---------------------------------- 
 
16. (C) CRIME AND PUNISHMENT: Ambassador Lagon met with 
Deputy Minister of the Interior, Dr. Ahmad bin Mohamed Al 
Salem. Ambassador Lagon asked if the MOI could point to any 
actual examples of prosecution for TIP crimes. What followed 
was a litany of past prosecutions read from a document that 
many of the MOI officials held in their hands. One example 
given was a policeman sentenced to "hard punishment" for 
abusing and torturing a man and another highlighting two 
policemen that were executed after killing a Bangladeshi 
worker. A third case highlighted a Saudi princess who had 
been fined in a case filed by a Syrian laborer. The cases 
focused on examples of laborers who were victims of serious 
abuse.  None of the cases dealt with issues of underpayment 
or non-payment of wages, with officials commenting that these 
are labor and not criminal issues.  Despite this list of 
cases, the MOI did not portray the message that trafficking 
of foreign workers is systematically addressed in the 
criminal justice system; the cases recited seemed to be 
examples of particularly serious cases, but had no element of 
forced labor per se. 
 
17. (C) MOI RESPONSE: The official noted that the MOI is 
powerless to interfere with the rulings of courts, but they 
try to insure justice for victims. He claims that the MOI 
deals aggressively with charges brought by diplomatic 
missions as well as individuals who come directly to pursue 
their cases.  He sung the praises of the forthcoming 
anti-trafficking law. He said that part of the plan is to 
make foreigners more aware of their rights and to let them 
know their options and sources of potential refuge or redress 
if problems are encountered. Training is also being offered 
for law enforcement officials at several centers. Saudi 
officials insist that citizens as well as expatriates are 
equal under the law.  All have equal rights to apply to the 
courts in order to bring complaints against their employers. 
The official assured Ambassador Lagon that "The rights of 
 
JEDDAH 00000501  005 OF 006 
 
 
labor in Saudi Arabia are among the best in the world ( we 
are with the victims, whatever their nationality ( Maybe 
Saudi Arabia was classified at the bottom of the list (TIP 
report), but it's not fair." 
 
DIPLOMATS COMMENT AND OFFER TOUR OF SHELTER 
------------------------------------------- 
 
18. (C) ROUNDTABLE: Ambassador Fraker hosted a round table 
discussion for diplomats from the embassies of sending 
countries in Riyadh with Ambassador Lagon. Representatives 
attended from Egypt, the Philippines, Sri Lanka, Bangladesh, 
Indonesia, Ethiopia, Nepal, Sudan, and Turkey. DCM Rundell 
was also in attendance. There was concurrence among 
representatives that the labor problems in the country are 
often due to the lack of efficiency in the court system. It 
was also agreed that most problems are the result of 
individuals not being able to secure exit visas. Trafficked 
persons may be allowed to leave the country, but in order to 
do so they usually cannot recoup lost wages and salaries. 
After a protracted wait for the matter to be settled, many 
laborers return home. Attendees focused attention on various 
abuses suffered by workers (not all of which were 
specifically examples of TIP). The diplomats from the 
embassies of Egypt and the Philippines were most vocal, the 
latter reporting at length about the nature of problems faced 
and the services that his embassy is able to provide in 
assistance. 
 
19. (SBU) SHELTER: The Philippines Ambassador Antonio P. 
Villamor offered Ambassador Lagon a tour of the embassy-run 
shelter for their women who have run away from sponsors, many 
of whom are involved in legal struggles with their employers 
to retrieve lost wages and exit visas. At the time of the 
visit, there were 74 women in the shelter. We learned from 
the Ambassador that the embassy runs daring rescue missions 
where it sends out a car to whisk away its female citizens 
who find themselves in emergencies (the Ambassador often 
accompanies, first changing into less formal clothing). The 
embassy works to help laborers receive back wages and exit 
visas, although the success with getting employers to pay 
varies considerably. 
 
20. (SBU) VICTIMS SPEAK OUT: Ambassador Lagon had an 
opportunity to meet with many of those sheltered. The more 
dramatic stories include one woman in two leg casts who 
jumped from two stories in order to flee her home and another 
who hid in a garbage can outside the house until help 
arrived. One woman had just arrived at the shelter and was 
crying, declaring her inability to get an exit visa and her 
sole desire to get home; she fainted minutes later in the 
delegation's presence. Another woman's employer refuses to 
grant an exit visa, despite her need to leave in order to 
have liver surgery in the Philippines. A woman seated next to 
her decided to run away after two years without paid wages. 
Her sponsor pushed and hit her before finally pushing her 
outside the house, where the police picked her up and brought 
her to the shelter. Another woman beside her had a similar 
experience, the victim of frequent slapping and kicking. 
Most of the women complained of non-payment or underpayment 
of wages coupled with a refusal of their employers to provide 
visas. When questioned by Ambassador Lagon whether they felt 
that they were threatened and compelled to work because their 
employers had withheld their passports and exit permits, all 
responded yes. 
 
21. (C//NF) COMMENT. The Saudi government ministries seem to 
be making efforts to improve the legal structure pertaining 
to labor and trafficking. The biggest change is a draft 
comprehensive anti-trafficking law being discussed throughout 
the government.  The sponsorship system will take 
considerable pains and time to dismantle. Nonetheless, 
implementation of currently available criminal laws to punish 
traffickers )- including Saudi nationals -) remains 
extremely poor; there continues to be very little evidence of 
 
JEDDAH 00000501  006 OF 006 
 
 
criminal sanctions for most forced labor crimes including 
underpayment or non-payment of wages. The holding of workers' 
passports remains unaddressed by any existing or proposed 
law.  Saudi laws often are selectively enforced by local 
authorities, particularly against Saudi nationals. Meaningful 
enforcement of anti-trafficking laws will take serious and 
heretofore unseen commitment by all sides of the government, 
and will require Saudi government officials and society to 
overcome long-ingrained bias against foreign workers. These 
laws may be an effort by the SAG to move from Tier Three of 
the TIP report; however, serious and sustained implementation 
of the anti-trafficking law if and when passed will remain 
the key challenge for Saudi Arabia in its anti-TIP efforts. 
Also, discussions with missions of sending-countries indicate 
that their diplomatic action on labor issues remains widely 
determined by the extent to which each country relies on 
remittances by worker abroad or has alternative countries to 
which they may send guest workers. END COMMENT. 
QUINN