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Colonel Nasser Mohammed Al Sayed Pics: Kammutty VP
Ministry of Interior intensifies inspection campaign
In an exclusive interview with The Peninsula, Colonel Nasser Mohammed Al Sayed, Director of the Search and Follow Up Department at the Ministry of Interior, speaks in detail about the ongoing inspection campaign against runaway/illegal workers and explains the rules and procedures concerning people caught violating the country’s residency law.
By MOHAMMED IQBAL
The Search and Follow Up Department has been given a mandate by the law (Law No. 4 of 2009, which regulates the entry, exit, sponsorship and residence of expatriates) to conduct inspection campaigns, book violators and refer them to the judiciary. We have been conducting such inspections throughout the year and 24 hours a day.
What is new about the ongoing campaign is that we have started announcing the results. We were not doing this earlier. The purpose is to raise public awareness about the law and help people adjust their situation in compliance with the law. That is why the inspection campaign is a continuous affair.
Did an increase in violations make you intensify the campaign?
The country is witnessing major developments and infrastructure projects ahead of the Fifa World Cup in 2022. This has resulted in an increase in the number of foreign workers coming to the country seeking jobs. Some of them are aware of the laws but many don’t know anything about the rules and regulations. This is why we have intensified our campaign.
The phenomenon of runaway/illegal workers is not limited to Qatar, it exists everywhere in the world. But the difference here is that the number of workers coming to Qatar has increased manifold and there is an increase in violations as well. This is natural.
That is why we began to emphasize on awareness through the media to familiarise expatriates with the laws and give them guidance. Unfortunately, some expatriates are violating the law.
This is forcing us to continue our campaign, which has been intensified recently due to an increase in the number of workers and new types of violations that were not seen before.
The new violations include using private cars to run illegal taxis. This is a new phenomenon in Qatar and the law says every expatriate worker should do the job for which he has been brought in and he is not allowed to do other jobs. There are specialised companies here to take care of public transportation.
Most of those operating illegal taxis have another job. They are doing this as an extra job without the knowledge of their sponsors. We don’t allow private cars to be used as taxis because it is illegal and they can be used for committing crimes.
Another new phenomenon is the presence of illegal vendors on roads, streets and roundabouts, who are creating a bad image of the country, because there are dedicated places for selling goods.
Begging is yet another issue. We have found that there are some people coming to Qatar for begging and this phenomenon has increased with the increase in the number of expatriates, and this was not known before.
There are also people coming to Qatar and staying here for six months or more without obtaining a residence permit. Those who exceed the six-month visit period will be deported immediately if they are caught because their stay is illegal. They will also be made to pay the fine for overstaying.
Anyone coming to Qatar seeking a residence permit should start the procedures within seven days of the date of entry. There is a three-month grace period for completing the procedures and anyone who exceeds this limit should have to pay the fine.
If a worker stays for more than six months without completing the procedures, he will be required to pay the fine and leave the country. In this case, the sponsor will be responsible for paying the fine.
A person who comes on a one-month visit visa should leave the country before the expiry of that period or extend the visa according to the law. If he is caught staying here without doing this he is required to pay the fine for the days he has overstayed, and he will be deported. If he does not pay the fine he will not be allowed back into the country, even if he has overstayed for just one day.
If the visit is for 30 days, he must leave the country before the expiry of that period, and if he overstays he will be asked at the airport to pay the fine for overstaying — QR200 per day. If he had overstayed for a week or more and was not caught, he must report to the passport affairs section at the immigration department or at the airport, pay the fine and leave the country.
Are there people trading in visas?
This phenomenon exists in many countries and people who want to work in Europe, Asia or Africa, for instance, must pay for that. We are closely following such cases. In most cases, the crime is committed in the source country, not in Qatar, through middlemen.
If anyone comes to our department and claims that a company, ‘Mandoob’ or manager asked him to pay money for a job, we record the complaint and immediately start investigating, focusing on the company’s status and the people running it, because this involves a clear violation of the law.
But if a person comes and says he gave the manager of a company or some other person of his own nationality an amount of money and now he does not have a job or evidence to prove his claim, it will not be easy to investigate the case.
If a foreigner comes to Qatar (on a work visa) and the sponsoring company tells him that it cannot provide him a job and allows him to look for another job on condition that he pay a certain amount, this will be considered a kind of abuse. And his sponsorship might be transferred. But most such cases happen between people from the same nationality and the company owner or manager may not have any connection with that. We have observed such cases.
However, the worker has no right to raise the issue after he is caught violating the law. He is supposed to report the problems before violating the law. If he had informed our department that he had been asked to pay a sum and we confirm the claim, his sponsorship will be transferred and legal action will be taken against the person who asked for money, irrespective of whether he is the director or owner of the company or his sponsor.
Have you come across such cases?
Yes. There have been several such complaints and the company officials involved in such violations were of the same nationality as the victims. Legal action was taken against the company as well as the person who demanded money.
If a person comes to our department and says a company or someone else asked him to pay for a job or residence permit, we have our own way of investigating such cases. But we want to tell people not to report such incidents after being caught violating the law. This is not acceptable.
The worker should not pay the amount but should directly come to our department and report the case. He should not flee his sponsor, nor work with others.
We will soon issue a guide which will mention the rights and obligations of workers and employers. It will be available in different languages, including English, Arabic and Urdu.
Last year, 2,442 companies were blacklisted for various violations, including failure to renew the residence permits of their employees, employing absconding workers and violating the labour law and the residency law.
As for violation of the labour law, that comes under the Ministry of Labour.
Are you saying the number of beggars in the country is increasing?
The number of beggars is not big but it is a new phenomenon in Qatar. Most beggars come on a visit visa. If they are caught, they will be deported and never allowed to return to the country.
Are the illegal taxis a new phenomenon or did they exist in the past?
Illegal taxis are not a new phenomenon but their number is increasing and most people operating private taxis have another job, such as a family driver. They go out to work in areas like the airport, driving schools, City Center, Villaggio and Landmark.
We recently captured 300 individuals running illegal cabs and referred them to the court. Earlier, we were not announcing such arrests but now we are doing that. There will be strict legal action against this offence. The punishment includes deportation and fine. The Public Prosecution and courts are responsible for taking decisions in such cases.
The illegal vendors, beggars and those operating illegal taxis have come to Qatar not to do these jobs and they have other jobs under their legal sponsors. All these people are violating the residency law. We are taking action against all those violating the law, not just housemaids and absconding workers. We will treat them equally irrespective of their gender, nationality, colour, religion or country of origin.
We are proud of the expatriate workers, who are our partners in the development of the country. They have come here leaving behind their families and relatives. They will be respected as long as they abide by the country’s laws. If they face any problem, they should come to our department. We will help solve the issue. But if one violates the law, he will become part of the targeted group.
How do you conduct inspections?
We conduct the inspection campaign in a very secret manner all over Qatar, and round the clock. We advise expatriates to always carry the necessary documents with them, not necessarily the original, but at least a copy. Now we are using a handheld device during the inspections. Using fingerprints, the device can give all data about a person in 20 seconds and we can know if he has a valid RP or he has run away from his sponsor.
Our campaign targets people violating the law and there are many complaints about absconding workers from the sponsors. We conduct surprise raids when we receive information about people working with employers who are not their legal sponsors.
We also inspect school buses, especially those belonging to community schools, in which some employ runaway workers as drivers. It is surprising to see schools or parents allowing children to be transported by drivers who are violating the law.
We have our own ways to collect information and we have a hotline — 44695222 — to receive calls 24 hours a day. Our campaign covers all parts of the country and targets hotels, companies and labour accommodation. The inspections are carried out in a secret manner.
Schools violating the law are referred to the Public Prosecution. Anyone employing runaway workers can face fines of QR100,000 in case of repetition of the offence, and imprisonment for 15 days to three years.
Four schools were referred to the Public Prosecution in 2012 and they were punished with fines. If a school or any other institution wants to employ people who are under another sponsor, they can get official permission from the Passports Department with approval of the original sponsor. This is legally permitted.
Also, contracts to this effect can be signed through the Ministry of Labour and permission can be granted for limited periods, such as two months or more.
What are the procedures after a person is caught violating the residency law?
As per the law, anyone caught violating the residency law will be asked to sign a record and put his fingerprint on it. Within 24 hours, the person will be referred to the Public Prosecution. We have offices of the Public Prosecution and the court in our department.
The Public Prosecution will issue a decision referring the person to the court or ask him to pay an amount to settle the case, which is permitted in some cases, such as working for someone other than the legal sponsor.
If the worker has a job contract with a company, the Public Prosecution will refer the person to the court within 48 hours. The court will decide whether he should be deported or the case should be put on hold for further investigation.
An absconding worker can be deported within 24 hours after fulfilling the necessary requirements, and if the employer or other people concerned provide the air ticket. His last employer, not the original sponsor, is required to provide the air ticket. He can be deported to any country he chooses, not necessarily his home country. If he pays the ‘reconciliation amount’, it is not necessary to refer him to the court, or he can pay the amount at the court and his file will be closed.
If his original sponsor didn’t know that he was working with another employer, the worker and the new employer have to pay the fine. But if the sponsor was aware of it, he will be asked to pay the fine — QR6,000 for the worker, and it can go up to QR50,000 for companies. In case of repetition of the violation, the fine ranges from QR20,000 to QR100,000.
A person working with a second employer can pay QR6,000 as the ‘reconciliation amount’ and go back to work with his original sponsor or leave the country. He is not allowed to transfer his sponsorship. If he has fled his sponsor and is caught, he has the option to pay QR6,000 as fine and leave the country. In that case, he will be allowed to come back after two years. If he does not pay the fine, he cannot come back to Qatar again on a work visa.
If a worker under a company’s or personal sponsorship is allowed to work with another employer illegally and if the original sponsor hides this fact, both the parties will be required to pay QR20,000 each as fine.
If a person overstays after the expiry of his visit visa or residence permit, his sponsor is responsible for paying the fine unless the latter has informed the authorities that that the person is absconding. This rule does not apply to those who come here on a tourist visa.
At present, passports are retained by the workers, according to the law. In case a worker says that he does not want to renew his visa, the sponsor should inform the authorities if he wants to be on the safe side. The worker is responsible if he overstays after the expiry of his visa.
A complaint about a runaway worker can be cancelled within one year, in situations such as the worker returning to his original sponsor. If the sponsor does not cancel the complaint, the worker is required to pay the reconciliation amount of QR6,000, and the complaint can be cancelled.
After one year, it is not possible to cancel a complaint. The only option is to deport the absconding worker when he is caught. He has to pay QR6,000 if he wants to come back to the country after two years. If he does not pay, he will not be allowed to enter Qatar again.
How do you deal with people hiding runaway workers?
There are people who encourage domestic workers — housemaids and drivers — to run away, provide them accommodation and employ them. In such cases, we apply Law No. 199, which stipulates imprisonment of not more than two years and a fine of up to QR10,000 or both.
The owner of the house where the runaway worker was accommodated will also be held responsible as well as those who helped the worker flee. The owner should know the legal status of the person staying in his house. The court decides such cases.
How do you conduct inspections inside houses?
We don’t search inside houses (for runaway workers) unless we get permission from the Public Prosecution, respecting the privacy of the homes. We deal with such situations based on accurate information gathered from our investigation in our own way.
When we are sure the information is correct and there are runaway workers/housemaids staying in a house, we seek permission from the Public Prosecution. There is another way. We catch the worker somewhere outside the house and through investigation confirm where he/she was working and residing. The Public Prosecution will then bring both the parties together (for further investigation).
What is the number of housemaids surrendering at the department and who is responsible for providing them air tickets?
Runaway maids mostly go to their embassies if they don’t intend to work with another employer. There is coordination between the embassies and our department for taking legal measures. The embassies are required to hand over the workers to our department in 24 hours.
Unfortunately, some embassies are delaying this and this is causing a problem in terms of providing air tickets.
If a housemaid is caught within 30 days of the sponsor lodging a complaint with our department, the sponsor has to pay for the ticket. If she is caught after 30 days, the sponsor is not held responsible. That is why we ask embassies to transfer the runaway maids to our department within 24 hours to ensure that they get the ticket and other dues from their employers.
The manpower agency is responsible for providing the air ticket if a housemaid flees her sponsor within the three-month guarantee period after her arrival.
But if she is absconding for more than the given period -- one month for the sponsor and three months’ guarantee period for manpower agencies -- then the embassy or the maid herself will be responsible for the ticket. Embassies sheltering absconding maids for more than the legally permitted period and delaying their transfer to our department are making themselves responsible for providing them air tickets.
If a maid admits that she was working with another employer, then the case is referred to the Public Prosecution and the illegal employer is made to pay the fine of QR20,000 and provide her an air ticket.
How do you deal with complaints about abuse of housemaids?
All departments of the Ministry of Interior receive complaints of abuse. But we should differentiate between abuse and ill treatment. If ill treatment is confirmed through investigation, her sponsorship could be transferred.
As for cases such as refusal to pay the salary or delaying the salary, the Ministry of Labour is responsible for ensuring the sponsor pays the dues. We try to solve such disputes amicably, and if the sponsor refuses, we refer the case to the labour court.
If the abuse is confirmed, the law allows transferring the sponsorship of the housemaid or any other worker to another sponsor. The law permits the Minister of Interior to transfer the sponsorship temporarily or permanently in such cases.
In case of a legal dispute between the sponsor and the worker, the law permits transferring the sponsorship temporarily, and if the court verdict is in favour of the worker, then it will be transferred permanently. If the decision is in favour of the sponsor, then the worker does not have right to transfer of sponsorship.
Last year, we transferred sponsorships of about 100 people permanently and not less than 300 people temporarily.
In our department, we have a technical office and a legal office, and we study each case in collaboration with the Human Rights Department at the Ministry of Interior and accordingly we decide to refer the case to the minister’s office. And in case we have enough evidence to confirm abuse, we don’t wait for the court’s decision.
In both cases, the minister’s office is informed. If the court verdict is against the worker, he will have to leave the country, but he has the right to return after two years.
We study the case of each housemaid coming to our department, the reasons that forced her to run away, where she had been working after fleeing her sponsor and where she had been living. Within 24 hours, she will be transferred to the Public Prosecution. Unfortunately, most housemaids say they absconded because they wanted to improve their financial situation.
Tell us about the facilities and services at the Search and Follow Up Department. Do you face crowding following the intensive campaign?
The department has produced three documentary films about the inspection campaign with all the details.
Every new detainee undergoes a medical check-up to make sure he/she is free from infectious diseases and see if the person needs medical care. We provide the detainees with three meals daily from the best restaurants. The department has 10 basketball courts, 10 volleyball courts, one football ground and the inmates are allowed to practice sports twice a day, in the morning and afternoon. There are also free laundry and barber services.
We are now building a new section for women and we have plans to upgrade the accommodation and services.
The rooms differ in size and capacity. We have buildings with 12 rooms with exclusive dining rooms, prayer halls and TV rooms.
It is difficult to give accurate data about the number of detainees because the movement is continuous and their departure is immediate. Our offices are working 24 hours, seven days a week with no holidays or weekly day off.
If a court issues a decision against a detainee, he has the right to appeal. If a detainee is married and wants to spend time with the spouse in privacy, there is a special arrangement at the department. They are allowed to spend two hours together every week.
If there is a decision to deport a person with children in school here, the deportation can be delayed until they complete the academic year and we allow the person to stay with his family during that period if there is a guarantor.
Detainees are not categorised according to their offences because our department is different from prisons, where people stay for longer periods. The period of stay here is very short -- for instance two days or more, and if the court issues a decision (concerning a detainee) it is immediately implemented.
Any plans to declare another amnesty?
We have declared a general amnesty twice before and we are studying the possibility of doing this for a third time but no decision has been taken until now.
What would you like to say as a final comment?
I am happy to be interviewed by The Peninsula, which is one of Qatar’s distinguished newspapers. I was honoured to attend a community gathering organised by The Peninsula recently and I hope such meetings would continue because there are many things that people need to know and which require awareness.
Community leaders should sit with members of their respective communities and educate them about Qatari laws.
Workers have the right to work with their sponsors, but the problem is violations of the law. When a foreign worker arrives in the country, and if his sponsor fails to provide him a job or denies him his rights, absconding is not the solution. He should lodge a complaint and we are happy to receive him. This is what the Ministry of Labour also is doing. We have a legal office which receives different types of complaints and try to solve the problems amicably. To run away from the sponsor and take jobs with others is no solution.
I would like to repeat that all expatriates are our brothers and they are partners in the development of the country. The Qatari law does not discriminate between Qataris and non-Qataris and everyone has equal rights before the law.
The Peninsula
