Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. The Status of Palestinian Workers in Saudi Arabia

The information in the following paragraph was provided by a part-time professor at the Migration Policy Centre of the European University Institute, who specializes in the political demography of Middle Eastern and Gulf countries, in correspondence with the Research Directorate:

Palestinian workers in Saudi Arabia have Egyptian, Lebanese, Syrian or Jordanian travel documents. The absence of citizenship for Palestinians does not mean that the treatment they receive from Saudi authorities is different from the one received by other foreign workers. However, [translation] "Palestinians (along other de-facto refugees like the Rohingyas from Myanmar) have been exempted from deportation since 2013" (Professor 22 July 2017).

An article published in November 2013 by Arab News, an English-language newspaper in Saudi Arabia (Arab News n.d.), indicates that "Saudi Arabia has exempted Palestinian and Burmese nationals who are found to be in violation of the new labor laws from deportation" (Arab News 25 Nov. 2013).

In correspondence with the Research Directorate, a representative from a Saudi law firm based in Riyadh that specializes in corporate and commercial law explained that

Palestinians residing and working in Saudi Arabia are treated differently by the Saudi government. They enjoy a certain kind of special status, that is, they are not required to have a sponsor to come, reside and work in the Kingdom. But there are those Palestinians who possess Lebanese passports who come, reside and work in Saudi Arabia. These Palestinians are required by law to have a sponsor to come, reside and work in the Kingdom. The sponsors of these Palestinians are responsible for providing them and their dependents with residence and work permits and also health insurance. (Law Firm 1 Aug. 2017)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Foreign Workers' Access to Healthcare Benefits in Saudi Arabia

According to the Council of Cooperative Health Insurance, an independent government body that regulates health insurance in Saudi Arabia (Saudi Arabia 27 Nov. 2016):

1. The employer shall conclude a contract with a qualified insurance company to provide cooperative health insurance for the Saud[i] and non-Saud[i] employees and their family members in the private sector.

…

5. If the employer does not subscribe or pay the cooperative health insurance premiums on behalf of his employees who are subject to the law and their family members covered by the cooperative health insurance policy, [he or she] shall pay all payable premiums in addition to a fine that is no more than the annual subscription premium, with the possibility of depriving the employer permanently or temporarily from outsourcing.

…

13. The employer is obliged to provide health insurance for the hires and their families during the probation period. (Saudi Arabia 30 Mar. 2017)

Similarly, the representative from the law firm indicated that foreign workers do not have to pay for health insurance in Saudi Arabia, as the provision of health insurance is the responsibility of their sponsor, who is subject to fine, imprisonment and closure of their business if they fail to do so (Law Firm 1 Aug. 2017).

In correspondence with the Research Directorate, a senior recruiter with Helen Ziegler & Associates Inc., an employment agency specializing in recruiting healthcare professionals for hospitals located in Arabian Peninsula countries (Helen Ziegler & Associates Inc. n.d.), stated that the agency has "not heard of a legal worker having to pay for their healthcare'' (Helen Ziegler & Associates Inc. 21 July 2017). The Senior Recruiter cited the following exceptions:

• at our client hospitals, some procedures are not covered (e.g., cosmetic surgical procedures, non-emergency dental), so a person would have to pay for this;
• if a candidate is not on a married-status contract, but brings in family members, they would have to cover the health insurance for those family members;
• if a candidate is on a married-status contract, but has more family members than are covered (e.g., at our client hospitals, a nurse manager is covered for a spouse and two dependent children; so, if a person has, say three children, they would have to cover health insurance for the last child). (Helen Ziegler & Associates Inc. 21 July 2017)

According to the law firm representative,

Palestinians who come to reside and are not working in Saudi Arabia are not required to acquire health insurance. Because of the special status they enjoy in the Kingdom, all health issues are borne by the Saudi government. (Law Firm 1 Aug. 2017)

The same source stated that when they are employed by private companies, "the companies are required to provide them with health insurance" (Law Firm 1 Aug. 2017).

In contrast, the part-time professor stated that access to healthcare benefits for Palestinian workers depends on their work contract and on the benefits negociated with their employer (Professor 24 July 2017). The same source further explained that, if the benefits negociated with one's employer include healthcare benefits, the latter may entail restrictions, such as restrictions concerning certain treatments or the exclusion of family members from the coverage, for example (Professor 24 July 2017).

3. Civil or Criminal Prosecution Against Foreign Workers Unable to Pay Their Bills

Information on the possibility of civil or criminal prosecution against foreign workers, including Palestinians, unable to pay their healthcare bills could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources report that a Filipino worker in Saudi Arabia was admitted to a hospital after being assaulted and "left for dead" in the desert in May 2014 and that his medical insurance company refused to pay his medical bill (Arab News 25 Sept. 2014; Philippines 31 Oct. 2014). A press release by the Senate of the Philippines specifies that the worker "had to undergo brain surgery and was comatose […] for a period of time" (Philippines 31 Oct. 2014). The bill amounted to 200,000 Saudi Arabia riyals (SAR) [C$66,943] according to the Philippines Senate press release or to 250,000 SAR [C$83,750] according to Arab News (Arab News 25 Sept. 2014). In its article, Arab News reports that the company's refusal was due to the worker's failure to notify the company about his case (Arab News 25 Sept. 2014). In contrast, the Senate of the Philippines states that both the worker's employer and the insurance company refused appeals by the Department of Foreign Affairs of the Philippines to pay the hospital bill because the injuries were not work-related (Philippines 31 Oct. 2014). According to the Arab News article, in September 2014, the worker had been in the hospital for six months and was being held there "because [he] cannot pay the bill" (Arab News 25 Sept. 2014).

A January 2015 Arab News article reports that an "expatriate patient was temporarily held at a private hospital in Madinah [Medina] for failing to pay 100,000 SAR [C$33,581] in medical bills" (Arab News 2 Jan. 2015). Payment of the healthcare costs was a precondition for the patient's discharge and the patient was only able to reimburse a the third of the amount with help of friends (Arab News 2 Jan. 2015). The article further states that "[t]he hospital management threatened to call the police unless he paid the remaining amount" and that, consequently, he was forced to leave his room and instead stay in the hospital lobby, in order to avoid the possibility of increasing the amount of the bill (Arab News 2 Jan. 2015). According to the same source, the Department of Health Affairs in Madinah agreed to cover the treatment costs incurred since he was "advised to be referred to a government hospital" (Arab News 2 Jan. 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

A February 2017 article published by Albilad English Daily, an online English news portal from Saudi Arabia (Albilad English Daily n.d.), reports that a private hospital in Jeddah refused to release a Yemeni's body to his family because of an unsettled healthcare bill (Albilad English Daily 2 Feb. 2017). When the man's son asked for the release of his father's body for burial, "the hospital authorities refused, saying that the body would be released only after settling the bill" (Albilad English Daily 2 Feb. 2017). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Albilad English Daily. 2 February 2017. "Hospital Refuses Release of Body Before Bill Settlement." [Accessed 26 July 2017]

Albilad English Daily. N.d. "About Us." [Accessed on 26 July 2017]

Arab News. 2 January 2015. "Patient Detained at Hospital for Failing to Pay Bill." [Accessed 26 July 2017]

Arab News. 25 September 2014. Abdul Hannan Tago. "Rape Victim's Medical Bill Hits SR250,000." [Accessed 26 July 2017]

Arab News. 25 November 2013. "Palestinian Expatriates Exempt from Labor Action." [Accessed 2 Aug. 2017]

Helen Ziegler & Associates Inc. 21 July 2017. Correspondence from a senior recruiter to the Research Directorate.

Law Firm in Riyadh. 1 August 2017. Correspondence from a representative to the Research Directorate.

Philippines. 31 October 2014. Senate of the Philippines. "Villar Seeks DFA Help for Distressed OFWs in Saudi." [Accessed 26 July 2017]

Professor. 22 July 2017. Migration Policy Centre of the European University Institute. Correspondence with the Research Directorate.

Saudi Arabia. 30 March 2017. Council of Cooperative Health Insurance. "Employer Duties Under the Rules." [Accessed 26 July 2017]

Saudi Arabia. 27 November 2016. Council of Cooperative Health Insurance. "About CCHI." [Accessed 26 July 2017]

Additional Sources Consulted

Oral sources: Center for Democracy & Human Rights in Saudi Arabia; 2 law firms in Riyadh specialized in corporate law.

Internet sites, including: The Arabic Network for Human Rights Information; BBC; Center for Democracy & Human Rights in Saudi Arabia; Colliers International; The Daily Telegraph; ecoi.net; European Saudi Organisation for Human Rights; Human Rights Watch; Khaleej Times Saudi Arabia; Longwoods.com; Meyer-Reumann & Partners; Saudi Gazette; UN – International Labour Organization, Refworld, UNHCR, United Nations Relief and Works Agency, World Health Organization.