Identifier
Created
Classification
Origin
06MUSCAT1048
2006-07-02 13:20:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Muscat
Cable title:
TRAFFICKING IN PERSONS: ASIAN AMBASSADORS OFFER
how-toVZCZCXRO7054 PP RUEHDE DE RUEHMS #1048/01 1831320 ZNR UUUUU ZZH P 021320Z JUL 06 FM AMEMBASSY MUSCAT TO RUEHC/SECSTATE WASHDC PRIORITY 6827 INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE RUEHLM/AMEMBASSY COLOMBO 0047 RUEHKA/AMEMBASSY DHAKA 0027 RUEHIL/AMEMBASSY ISLAMABAD 0285 RUEHML/AMEMBASSY MANILA 0032 RUEHNE/AMEMBASSY NEW DELHI 0279
UNCLAS SECTION 01 OF 03 MUSCAT 001048
SIPDIS
SENSITIVE
SIPDIS
STATE FOR G/TIP (G. PATEL, M. TAYLOR),DRL (J. DEMARIA)
STATE ALSO FOR NEA/ARP, NEA/PI
E.O. 12958: N/A
TAGS: ELAB PHUM SMIG PBTS PREL MU
SUBJECT: TRAFFICKING IN PERSONS: ASIAN AMBASSADORS OFFER
VIEWS
-------
Summary
-------
UNCLAS SECTION 01 OF 03 MUSCAT 001048
SIPDIS
SENSITIVE
SIPDIS
STATE FOR G/TIP (G. PATEL, M. TAYLOR),DRL (J. DEMARIA)
STATE ALSO FOR NEA/ARP, NEA/PI
E.O. 12958: N/A
TAGS: ELAB PHUM SMIG PBTS PREL MU
SUBJECT: TRAFFICKING IN PERSONS: ASIAN AMBASSADORS OFFER
VIEWS
--------------
Summary
--------------
1. (SBU) In a June 27 working lunch hosted by the Ambassador,
colleagues from labor-source countries outlined problems
faced by their nationals, to include salary arrears, lack of
legal status, and in some cases physical or sexual assault.
Their suggested improvements include additional labor
protections for domestic workers, stricter enforcement of
visa regulations, formal Omani sanction of the shelters
several embassies operate (vice government-run shelters),and
substantial revision to the way police handle assault and
rape cases. These suggestions will be added to our bilateral
discussions with Oman on possible steps to strengthen
trafficking in persons protections. End summary.
2. (SBU) The Ambassador hosted a June 27 luncheon for the
ambassadors of the Philippines, Bangladesh, Sri Lanka and
Pakistan (India's ambassador regretted),as well as the
UNICEF country director, to discuss trafficking in persons
(TIP) concerns in Oman.
--------------
Border Visas Circumvent Vetting Process
--------------
3. (SBU) Philippine Ambassador Acmed Omar said there were
25,000 Filipinos in Oman, about 75 percent of whom work as
domestics. For those entering the Sultanate on labor visas,
the Philippine Embassy must have first issued a
"non-objection certificate" (NOC) to the Omani government,
which helps ensure the labor contract stipulates an
appropriate wage and is issued by a reputable employer. Most
problems arise when Filipinos are recruited in the United
Arab Emirates, and then enter Oman via land on a
border-issued tourist visa. As those labor arrangements
skirt formal vetting, they account for half of the most
serious problems related to payment of wages or immigration
status. Sri Lankan Ambassador Meersahib Mahroof complained
of the same problem, adding that there are approximately
20,000 Sri Lankans working in Oman as domestics. The two
ambassadors estimated that problem cases involving laborers
with border visas typically number four-five per month.
(Note: India, the Philippines and Sri Lanka are the principle
source countries for domestic laborers in Oman. End note.)
--------------
Sponsors Violate the Law
--------------
4. (SBU) The ambassadors agreed that most labor abuses
entailed work sponsors simply not upholding their
obligations: not paying the full contract wage, failing to
renew work visas, failing to pay return passage, or paying no
wages at all. The Sri Lankan ambassador noted that some of
these unpaid domestics are simply deposited at his embassy
and left for him to find a way to repatriate them. The most
vulnerable workers are those lacking legal documentation
(either through the sponsor's fault, or if the employee is
using a forged or substitute passport),whom the sponsor
could then threaten to report to the authorities. Ambassador
Mahroof said Sri Lanka is adopting new passports that will be
less susceptible to such deceptions, but worried that the new
passports will also have 10-year validity. With current
5-year validity, Sri Lankan laborers are more likely to come
to the embassy for passport renewal, at which point the Sri
Lankan consular officer is able to question them about their
working conditions.
--------------
Pakistan's Special Case
--------------
5. (SBU) Pakistan Ambassador Javed Hafiz noted that his labor
problems are somewhat different. In addition to the
estimated 47,000 legal Pakistani workers, virtually all male,
in the Sultanate, roughly 1,000 Pakistani men attempt to
enter Oman illegally by sea each month. Not only are they
deemed illegal under Omani law, but they violate Pakistani
law as well, and face criminal penalties when deported back
to Pakistan at the Omani government's considerable expense.
MUSCAT 00001048 002 OF 003
He acknowledged that fear of Pakistani legal consequences may
dissuade nationals in need of assistance from approaching his
embassy.
6. (SBU) The most common labor problem his embassy faces are
Pakistanis who either entered Oman illegally, or who entered
legally but subsequently fell out of status (failing to renew
work visas, or abandoning a labor contract in favor of other
work). Those who are out of status have an exceptionally
difficult time quitting their jobs and returning to Pakistan,
since the cost of legalizing their status to obtain an Omani
exit permit can be beyond their means, particularly when the
employer withholds salaries to encourage the worker to
remain. Ambassador Hafiz said "several thousand" Pakistani
nationals are currently in this "limbo" status, and the
Embassy is hoping to negotiate an arrangement with the Omani
government to facilitate their departure. The Sri Lankan
ambassador said he had 70 nationals in such limbo, and
estimated there were 5,000 Indians in a similar status.
--------------
Pakistani Efforts, Cooperation
--------------
7. (SBU) The Pakistani ambassador had high praise for Oman's
treatment of illegal migrants. He denied that his nationals
were trafficking victims as opposed to economic migrants, and
moreover said that this was a "Pakistani problem, not an
Omani problem." He turned down suggestions from Islamabad to
assign a police investigator to his embassy to help question
Pakistani deportation detainees about the human smuggling
networks and agents employed in getting them to Oman,
insisting that such work should be carried out in Karachi
when the detainees are repatriated.
8. (SBU) Hafiz noted Pakistani efforts to increase the
security presence along the Iranian frontier. Most migrants
transit that border to meet up with the "mafia" groups that
then board them on Iranian vessels to Oman and the UAE.
Pakistani and Omani police forces formed a joint committee in
February that will convene every six months to monitor
progress in halting this illegal flow. He was not aware,
however, of a similar Pakistani effort with Iran, nor of the
decree to which Omani nationals might be involved in these
smuggling rings. He noted the possibility, since Oman has a
large ethnic-Baluch population on the Batinah coastline
(where most of the migrants are deposited) who share family
links to Baluchis in Pakistan.
--------------
Shelters, Assault Victims
--------------
9. (SBU) The Sri Lankan and Philippine ambassadors spoke of
the shelters their embassies run for laborers in exigent
circumstances. On an average day, there are up to 20
Filipinas and 5-15 Sri Lankans in their respective embassy
shelters, usually domestics who lack a legal sponsor.
Ambassador Mahroof complained that the Foreign Ministry has
ordered his embassy to shut down the shelter, while the
Philippine ambassador says his shelter operates in a
bureaucratic "gray" area, but does not draw the MFA's ire as
long as the embassy immediately reports the identity of every
new guest. While both ambassadors agreed the number of rape
and assault cases against their nationals are in the low
single digits each year, they criticized lack of prosecution.
In fact, Omani medical facilities are not permitted to treat
a rape or assault victim without a police report first being
filed. The ambassadors accused the Royal Oman Police of
dragging their feet in such cases involving domestics, saying
the police prefer to deal with the cases as a dispute
requiring arbitration, rather than as a crime.
--------------
Suggested Omani Actions
--------------
10. (SBU) Summarizing their concerns about possible
trafficking vulnerabilities, the ambassadors agreed that it
would be useful if Oman ceased issuing border tourist visas
to those coming to Oman for work. While Ministry of Manpower
regulations offer guidelines on labor rules for domestic
MUSCAT 00001048 003 OF 003
employees, the ambassadors want those regulations more
formally codified. They want the Omani government to give
formal sanction and recognition to the shelters run by some
embassies; they do not believe that Omani government-run
shelters would serve the needs of their citizens. They also
ask that medical care be given immediately and
unconditionally to rape and assault victims, followed by
genuine police investigation.
--------------
Comment
--------------
11. (SBU) The Ambassador has a standing request to meet with
the MFA Under Secretary to discuss the 2006 TIP report and
suggested actions to improve Oman's Tier 2 Watchlist rating.
The suggestions of the ambassadors above will be folded into
some of our other ideas for actions Oman might take.
GRAPPO
SIPDIS
SENSITIVE
SIPDIS
STATE FOR G/TIP (G. PATEL, M. TAYLOR),DRL (J. DEMARIA)
STATE ALSO FOR NEA/ARP, NEA/PI
E.O. 12958: N/A
TAGS: ELAB PHUM SMIG PBTS PREL MU
SUBJECT: TRAFFICKING IN PERSONS: ASIAN AMBASSADORS OFFER
VIEWS
--------------
Summary
--------------
1. (SBU) In a June 27 working lunch hosted by the Ambassador,
colleagues from labor-source countries outlined problems
faced by their nationals, to include salary arrears, lack of
legal status, and in some cases physical or sexual assault.
Their suggested improvements include additional labor
protections for domestic workers, stricter enforcement of
visa regulations, formal Omani sanction of the shelters
several embassies operate (vice government-run shelters),and
substantial revision to the way police handle assault and
rape cases. These suggestions will be added to our bilateral
discussions with Oman on possible steps to strengthen
trafficking in persons protections. End summary.
2. (SBU) The Ambassador hosted a June 27 luncheon for the
ambassadors of the Philippines, Bangladesh, Sri Lanka and
Pakistan (India's ambassador regretted),as well as the
UNICEF country director, to discuss trafficking in persons
(TIP) concerns in Oman.
--------------
Border Visas Circumvent Vetting Process
--------------
3. (SBU) Philippine Ambassador Acmed Omar said there were
25,000 Filipinos in Oman, about 75 percent of whom work as
domestics. For those entering the Sultanate on labor visas,
the Philippine Embassy must have first issued a
"non-objection certificate" (NOC) to the Omani government,
which helps ensure the labor contract stipulates an
appropriate wage and is issued by a reputable employer. Most
problems arise when Filipinos are recruited in the United
Arab Emirates, and then enter Oman via land on a
border-issued tourist visa. As those labor arrangements
skirt formal vetting, they account for half of the most
serious problems related to payment of wages or immigration
status. Sri Lankan Ambassador Meersahib Mahroof complained
of the same problem, adding that there are approximately
20,000 Sri Lankans working in Oman as domestics. The two
ambassadors estimated that problem cases involving laborers
with border visas typically number four-five per month.
(Note: India, the Philippines and Sri Lanka are the principle
source countries for domestic laborers in Oman. End note.)
--------------
Sponsors Violate the Law
--------------
4. (SBU) The ambassadors agreed that most labor abuses
entailed work sponsors simply not upholding their
obligations: not paying the full contract wage, failing to
renew work visas, failing to pay return passage, or paying no
wages at all. The Sri Lankan ambassador noted that some of
these unpaid domestics are simply deposited at his embassy
and left for him to find a way to repatriate them. The most
vulnerable workers are those lacking legal documentation
(either through the sponsor's fault, or if the employee is
using a forged or substitute passport),whom the sponsor
could then threaten to report to the authorities. Ambassador
Mahroof said Sri Lanka is adopting new passports that will be
less susceptible to such deceptions, but worried that the new
passports will also have 10-year validity. With current
5-year validity, Sri Lankan laborers are more likely to come
to the embassy for passport renewal, at which point the Sri
Lankan consular officer is able to question them about their
working conditions.
--------------
Pakistan's Special Case
--------------
5. (SBU) Pakistan Ambassador Javed Hafiz noted that his labor
problems are somewhat different. In addition to the
estimated 47,000 legal Pakistani workers, virtually all male,
in the Sultanate, roughly 1,000 Pakistani men attempt to
enter Oman illegally by sea each month. Not only are they
deemed illegal under Omani law, but they violate Pakistani
law as well, and face criminal penalties when deported back
to Pakistan at the Omani government's considerable expense.
MUSCAT 00001048 002 OF 003
He acknowledged that fear of Pakistani legal consequences may
dissuade nationals in need of assistance from approaching his
embassy.
6. (SBU) The most common labor problem his embassy faces are
Pakistanis who either entered Oman illegally, or who entered
legally but subsequently fell out of status (failing to renew
work visas, or abandoning a labor contract in favor of other
work). Those who are out of status have an exceptionally
difficult time quitting their jobs and returning to Pakistan,
since the cost of legalizing their status to obtain an Omani
exit permit can be beyond their means, particularly when the
employer withholds salaries to encourage the worker to
remain. Ambassador Hafiz said "several thousand" Pakistani
nationals are currently in this "limbo" status, and the
Embassy is hoping to negotiate an arrangement with the Omani
government to facilitate their departure. The Sri Lankan
ambassador said he had 70 nationals in such limbo, and
estimated there were 5,000 Indians in a similar status.
--------------
Pakistani Efforts, Cooperation
--------------
7. (SBU) The Pakistani ambassador had high praise for Oman's
treatment of illegal migrants. He denied that his nationals
were trafficking victims as opposed to economic migrants, and
moreover said that this was a "Pakistani problem, not an
Omani problem." He turned down suggestions from Islamabad to
assign a police investigator to his embassy to help question
Pakistani deportation detainees about the human smuggling
networks and agents employed in getting them to Oman,
insisting that such work should be carried out in Karachi
when the detainees are repatriated.
8. (SBU) Hafiz noted Pakistani efforts to increase the
security presence along the Iranian frontier. Most migrants
transit that border to meet up with the "mafia" groups that
then board them on Iranian vessels to Oman and the UAE.
Pakistani and Omani police forces formed a joint committee in
February that will convene every six months to monitor
progress in halting this illegal flow. He was not aware,
however, of a similar Pakistani effort with Iran, nor of the
decree to which Omani nationals might be involved in these
smuggling rings. He noted the possibility, since Oman has a
large ethnic-Baluch population on the Batinah coastline
(where most of the migrants are deposited) who share family
links to Baluchis in Pakistan.
--------------
Shelters, Assault Victims
--------------
9. (SBU) The Sri Lankan and Philippine ambassadors spoke of
the shelters their embassies run for laborers in exigent
circumstances. On an average day, there are up to 20
Filipinas and 5-15 Sri Lankans in their respective embassy
shelters, usually domestics who lack a legal sponsor.
Ambassador Mahroof complained that the Foreign Ministry has
ordered his embassy to shut down the shelter, while the
Philippine ambassador says his shelter operates in a
bureaucratic "gray" area, but does not draw the MFA's ire as
long as the embassy immediately reports the identity of every
new guest. While both ambassadors agreed the number of rape
and assault cases against their nationals are in the low
single digits each year, they criticized lack of prosecution.
In fact, Omani medical facilities are not permitted to treat
a rape or assault victim without a police report first being
filed. The ambassadors accused the Royal Oman Police of
dragging their feet in such cases involving domestics, saying
the police prefer to deal with the cases as a dispute
requiring arbitration, rather than as a crime.
--------------
Suggested Omani Actions
--------------
10. (SBU) Summarizing their concerns about possible
trafficking vulnerabilities, the ambassadors agreed that it
would be useful if Oman ceased issuing border tourist visas
to those coming to Oman for work. While Ministry of Manpower
regulations offer guidelines on labor rules for domestic
MUSCAT 00001048 003 OF 003
employees, the ambassadors want those regulations more
formally codified. They want the Omani government to give
formal sanction and recognition to the shelters run by some
embassies; they do not believe that Omani government-run
shelters would serve the needs of their citizens. They also
ask that medical care be given immediately and
unconditionally to rape and assault victims, followed by
genuine police investigation.
--------------
Comment
--------------
11. (SBU) The Ambassador has a standing request to meet with
the MFA Under Secretary to discuss the 2006 TIP report and
suggested actions to improve Oman's Tier 2 Watchlist rating.
The suggestions of the ambassadors above will be folded into
some of our other ideas for actions Oman might take.
GRAPPO