AMNESTY TO UNDOCUMENTED MIGRANT WORKERS, SAUDI ARABIA
April 12, 2017A mnesty is an official pardon for people who have been convicted of political offenses (Oxford Dictionary). When amnesty is granted, ...
April 12, 2017
Amnesty is an official
pardon for people who have been convicted of political offenses (Oxford
Dictionary). When amnesty is granted, a group of people are told that they will
not be prosecuted for a particular offense if they comply with terms of the
amnesty. No criminal record of the violations will be made. The result is that
the people are deemed free by the governing authority.
The government of Saudi Arabia has announced amnesty to undocumented migrant (workers) on 19th March 2017, under 'Nation without Violations Campaign' a campaign that gives a 90 days opportunity to leave the country without any fines or penalties linked to violating the Saudi Residency law, Labor system and boarder security in the kingdom. This serves to minimize the number of undocumented migrant (workers) in Saudi Arabia. This campaign is a continuity of the Saudi government efforts to regulate its labour sector from 2013 by bringing undocumented workers under the purview of law. Undocumented migrants are threat to any nation because the possibility of negatively affecting the society is high. Saudi government claims that the increase in undocumented migrants in Saudi Arabia has increased the numbers of crime and drug rates in recent years.
Undocumented Migrant Workers
Under Kafala system, any migrant
worker without Iqama (identy card), with a work permit but no Iquma, residents
with expired Iquma, runaway workers are consider as undocumented migrant
workers in Saudi Arabia. Any migrant worker who joins work in Saudi Arabia is
tie to two years of contract agreement under Kafala system which restricts the
right to mobility, freedom to work and other several rights of migrant workers.
Many migrant rights activists claim that the restrictive employment system of
Saudi Arabia for migrant workers is one of the major causes behind the increase
in number of undocumented migrant worker in Saudi Arabia.
How Workers Get Undocumented
Many companies employ the migrant
workers without providing Iquma to them or do not renew the Iquama after it get
expired which result the migrant worker being undocumented. In many cases,
migrant workers prefer to run away from the Sponsor due to several reasons such
as non-payment of salary, excessive work, misbehavior of Sponsor, breach of contract
by the sponsor, to join another well paid opportunity and other. In cases like company shut down, company going
bankrupt, companies operating illegally and other - the possibility of migrant
workers getting stranded and undocumented seems high.
Amnesty Announcement by Saudi
Arabia
In 2013 Saudi government
announced Amnesty to undocumented migrant workers, around 35,000 undocumented Nepalese
migrant workers benefited from the program as per Nepal Embassy, Saudi Arabia,
whereas the number of undocumented Nepalese migrant workers is anticipated to
be around 60,000 in 2013. In total, 2.5 million undocumented migrant (workers)
benefited from the program and return back to home country in 2013.
Coming to 2017, around 40,000
undocumented Nepalese migrant workers working in Saudi Arabia could benefit
from this amnesty, according to Nepal Embassy, Saudi Arabia. Following the data
of Department of Foreign employment, Nepal,
in the fiscal year 2070/71, 86,876 Nepalese migrant workers took labour
permit to join employment in Saudi Arabia and the number of Nepalese migrant
workers (both documented and undocumented) working in Saudi Arabia is estimated
to be more than 6,00,000.
Any undocumented Nepalese migrant
workers returning to Nepal under amnesty program could re-enter to Saudi Arabia
to work as a migrant worker because the migrant won't face the consequences associated
with the Deportee Fingerprint System. Under this system undocumented workers
who have their fingerprint taken prior to departure were not allowed to
re-enter the country. Under normal circumstances, it is
almost impossible for workers to leave the country without facing jail terms
along with huge fines or penalties for violating the labour law of Saudi
Arabia.
Assisting Through IEC Materials
Center for Migration andInternational Relations (CMIR) took an initiation to develop an Amnesty Poster
to aware and facilitate the undocumented Nepalese migrant worker in Saudi
Arabia who could benefit from the program and return back to Nepal safely. PravasiSuchana Sathi is an initiative of CMIR with the support from Accountabilitylab, it aims to promote/ensure the access/right to information of Nepalese
migrant workers by proving understandable, reliable, effective, timely, and
process oriented information. To reach out many migrant workers and their
families, CMIR mobilizes it different layers of network from national or
international level.
Why This Poster
Announcement or provisions like
amnesty are not pre-planned or it comes as a law, so the only means to know
about the announcement is through news and social media. Since the social media
rarely tells us about the process to befit from announcement such as where to
go, what has to be done, what are the documents required, required cost and
time and other - the targeted group, even after being informed could not
benefit from the announcement. In some cases the media information might be
misleading or insufficient. So, this poster functions as a means - which not
only well inform the undocumented migrant worker about the announcement, but
also facilitate them to join the process and return back to Nepal. Since this
poster make use of info-graphics, we believe even the low literate migrant
workers could benefit from the poster.Author, Yubrai Nepal