The practice of withholding the passports of migrant workers is still rife among employers in the Middle East, according to this recent post by blogger and M-R.org reader Sreekrishnan. Construction workers and maids are routinely forced to hand over their passports to their employer when they start a new job, which makes it virtually impossible for workers to leave the country or move to another job if their employer is negligent or exploitative.
Sreekrishnan draws are attention to the message from the Home Office on the back of Indian passports, which expressedly forbids their confiscation or possession by anyone but the holder:
This Passport is the property of the Government of India, any communication received by holder from the Passport Authority regarding this Passport, including demand for its surrender, should be complied with immediately…. It should be in the custody either of the holder or of a person authorised by the holder. It must not be altered or mutilated in any way. Loss, theft or destruction of Passports should be immediately reported to the nearest Passport Authority in India or (if the holder is abroad) to the nearest Indian Mission and to the Local Police.
Similarly, the practice of witholding passports from employees is clearly forbidden by the laws of the UAE. According to UAE advocate Mohamed Ebrahim al Shaiba:
The law prevents the employer from retaining passports on the basis that it is a document related to the person and no one should retain it except the competent judge if necessary. There is also an earlier decision by the Minister of Interior that prevents companies from retaining passports
Source: Gulf News ‘Ask The Law’ 13 June 2008
Sreekrishnan, an Indian national who has spent many years living and working in Sharjah and Dubai, believes that it is high time that the expatriate communities of the Middle East became aware of the scandal of passport intimidation. The issue was drawn to his attention when his wife’s passport was confiscated by her employer in Sharjah. His attempts to seek help from the Indian Embassy in Abu Dhabi were unsuccessful, and he believes that apathy on the part of diplomatic missions representing labour-sending countries is partly to blame for the problem.
Be sure to check out Sreekrishnan’s full blog article, which contains research and sources on the topic of illegal passport retention.
Loading... 
September 14, 2009
[...] This post was mentioned on Twitter by Migrant Rights and Sreekrishnan N. Sreekrishnan N said: http://bit.ly/1a7dQI via @addthis [...]
January 2, 2010
[...] have managed to retain their jobs are living in squalid conditions, and their passports are usually confiscated, in violation of UAE [...]
May 23, 2010
THE BOEING COMPANY AIDING AND ABETTING HUMAN RIGHTS VIOLATIONS IN SAUDI ARABIA
The Boeing Company, a U.S. company incorporated in the State of Delaware and with corporate offices in Chicago, Illinois and St. Louis, Missouri and its wholly owned subsidiary Boeing International Support Systems, Saudi Arabia (BISS) are reportedly engaged in the practice of passport confiscation, involuntary servitude, debt bondage, and fraudulent recruitment practices upon U.S. Citizens and Third Country National (TCN) workers. The Boeing Company may be held responsible for violations of U.S. Law and international law for “Aiding and Abetting” their subsidiary company, BISS which recruits employees out of Oklahoma City, Oklahoma and is alleged to have confiscated passports from US Citizens and Third Country National workers in t Saudi Arabia.
As reference, the U.S. State Department’s 2009 report on “Human Trafficking” details the unconscionable and disturbing ongoing human rights violations that are presently taking place in the country of Saudi Arabia. A report authored by former Secretary of State, Condoleezza Rice, (2006) identifies Saudi Arabia as a “Tier 3″ country whose government does not fully comply with the minimum standards and is not making significant efforts to eliminate human rights violations in their country. The report further states that the United States employs a “zero tolerance” policy against human trafficking both domestically and abroad. A third report by the Department of Defense, OIG dated January 15, 2010, provides information relating to “Trafficking Victims Protection Reauthorization Act,” January 10, 2006 that gives the United States Government authorization to terminate grants, contracts, or cooperative agreements for “Trafficking in Persons” (TIP) related violations.
A lawsuit brought by Attorney Kissandra L. Tysman of the Tysman Law Firm, located in Mesa, Arizona was filed on May 7, 2010 in U.S. District Court, Phoenix, Arizona against “The Boeing Company” and it wholly owned subsidiary BISS. The lawsuit alleges that her client Mr. Robin Petersen, a pilot and former U.S. Navy Commander who became injured overseas while employed by Boeing/BISS was not allowed to return to the United States for medical treatment in that he had his U.S. passport confiscated; was held against his will; and was not provided with an “Exit Visa” in which to leave the country of Saudi Arabia. Mr. Petersen had made several written requests for the return of his passport to “The Boeing Company” Operations Manager, in Saudi Arabia, Mr. Shaun A. Ford, and also contacted Mr. W. James McNerney, Jr., “The Boeing Company” CEO by Federal Express letter, detailing the fraudulent activity, unethical business practices, and violations of human rights that he had observed and experienced while employed by Boeing/BISS. Mr. McNerney never responded to Mr. Petersen’s concerns and request for help. The lawsuit also alleges that a number of other U.S. Veterans and Third Country National workers who were employed by Boeing/BISS in Saudi Arabia had their passports confiscated and were subject to inhumane treatment.
Mr. Petersen made several attempts to get help from the U.S. Consulate located in Jeddah, Saudi Arabia. He was finally helped by a consulate security official in June 2009, who then ordered Boeing/BISS company officials to return Mr. Petersen’s U.S. passport and provide him with the required “Exit Visa” in which to depart the country of Saudi Arabia. On June 8, 2009, and after six months without having the freedom to travel, Mr. Petersen was able to return to the United States to get the proper treatment he needed for his injury. The lawsuit filed in U.S. District Court, Arizona, May 7, 2010 (case # 2:2010CV00999 Petersen v Boeing) and lists the following causes of action:
Count 1, Confiscation of U.S. Passports
Count 2, Violations of RICO statutes
Count 3, False imprisonment
Count 4, Breach of Contract
Count 5, Fraud
Count 6, Intentional Inflection of emotional distress
Count 7, Failure to pay wages
Although this lawsuit has been filed in the United States, it is important to know that there is an effort on the part of several worldwide organizations to hold executives of companies such as Mr. McNerney, CEO of “The Boeing Company” criminally responsible for their willful support in aiding and abetting their business partners who engage in human rights violations.
May 23, 2010
THE BOEING COMPANY AIDING AND ABETTING HUMAN RIGHTS VIOLATIONS IN SAUDI ARABIA
The Boeing Company, a U.S. company incorporated in the State of Delaware and with corporate offices in Chicago, Illinois and St. Louis, Missouri and its wholly owned subsidiary Boeing International Support Systems, Saudi Arabia (BISS) are reportedly engaged in the practice of passport confiscation, involuntary servitude, debt bondage, and fraudulent recruitment practices upon U.S. Citizens and Third Country National (TCN) workers. The Boeing Company may be held responsible for violations of U.S. Law and international law for “Aiding and Abetting” their subsidiary company, BISS which recruits employees out of Oklahoma City, Oklahoma and is alleged to have confiscated passports from US Citizens and Third Country National workers in Saudi Arabia.
As reference, the U.S. State Department’s 2009 report on “Human Trafficking” details the unconscionable and disturbing ongoing human rights violations that are presently taking place in the country of Saudi Arabia. A report authored by former Secretary of State, Condoleezza Rice, (2006) identifies Saudi Arabia as a “Tier 3″ country whose government does not fully comply with the minimum standards and is not making significant efforts to eliminate human rights violations in their country. The report further states that the United States employs a “zero tolerance” policy against human trafficking both domestically and abroad. A third report by the Department of Defense, OIG dated January 15, 2010, provides information relating to “Trafficking Victims Protection Reauthorization Act,” January 10, 2006 that gives the United States Government authorization to terminate grants, contracts, or cooperative agreements for “Trafficking in Persons” (TIP) related violations.
A lawsuit brought by Attorney Kissandra L. Tysman of the Tysman Law Firm, located in Mesa, Arizona was filed on May 7, 2010 in U.S. District Court, Phoenix, Arizona against “The Boeing Company” and it wholly owned subsidiary BISS. The lawsuit alleges that her client Mr. Robin Petersen, a pilot and former U.S. Navy Commander who became injured overseas while employed by Boeing/BISS was not allowed to return to the United States for medical treatment in that he had his U.S. passport confiscated; was held against his will; and was not provided with an “Exit Visa” in which to leave the country of Saudi Arabia. Mr. Petersen had made several written requests for the return of his passport to “The Boeing Company” Operations Manager, in Saudi Arabia, Mr. Shaun A. Ford, and also contacted Mr. W. James McNerney, Jr., “The Boeing Company” CEO by Federal Express letter, detailing the fraudulent activity, unethical business practices, and violations of human rights that he had observed and experienced while employed by Boeing/BISS. Mr. McNerney never responded to Mr. Petersen’s concerns and request for help. The lawsuit also alleges that a number of other U.S. Veterans and Third Country National workers who were employed by Boeing/BISS in Saudi Arabia had their passports confiscated and were subject to inhumane treatment.
Mr. Petersen made several attempts to get help from the U.S. Consulate located in Jeddah, Saudi Arabia. He was finally helped by a consulate security official in June 2009, who then ordered Boeing/BISS company officials to return Mr. Petersen’s U.S. passport and provide him with the required “Exit Visa” in which to depart the country of Saudi Arabia. On June 8, 2009, and after six months without having the freedom to travel, Mr. Petersen was able to return to the United States to get the proper treatment he needed for his injury. The lawsuit filed in U.S. District Court, Arizona, May 7, 2010 (case # 2:2010CV00999 Petersen v Boeing) and lists the following causes of action:
Count 1, Confiscation of U.S. Passports
Count 2, Violations of RICO statutes
Count 3, False imprisonment
Count 4, Breach of Contract
Count 5, Fraud
Count 6, Intentional Inflection of emotional distress
Count 7, Failure to pay wages
Although this lawsuit has been filed in the United States, it is important to know that there is an effort on the part of several worldwide organizations to hold executives of companies such as Mr. McNerney, CEO of “The Boeing Company” criminally responsible for their willful support in aiding and abetting their business partners who engage in human rights violations.