OMAN'S INTERIM TIP ASSESSMENT

C O N F I D E N T I A L SECTION 01 OF 02 MUSCAT 001599 SIPDIS SIPDIS DEPARTMENT FOR NEA/ARP, G/TIP AND DRL E.O. 12958: DECL: 11/15/2016 TAGS: KCRM KWMN PHUM PREL SMIG MU SUBJECT: OMAN'S INTERIM TIP ASSESSMENT REF: A. MUSCAT 1119 ¶B. MUSCAT 1565 ¶C. MUSCAT 1573 ¶D. MUSCAT 1575 ¶E. MUSCAT 1004 Classified By: Ambassador Gary Grappo, reasons 1.4 b/d. ¶1. (C) Summary: The government of Oman has taken limited steps to address USG concerns highlighted in the 2006 Trafficking in Persons (TIP) report. The Embassy still is waiting for a response to the Ambassador's suggested action plan to combat trafficking (ref A),as well as the Embassy's recent request for data on investigations and prosecutions of trafficking crimes. The government of Oman has offered no information to indicate that it has established an anti-TIP national plan or developed a system of protective services for victims. The government has, however, issued a legally enforceable circular prohibiting the withholding of workers' passports. It also reportedly has established an inter-agency technical committee to address issues related to trafficking. End Summary. ¶2. (C) In a July 16 meeting with Ministry of Foreign Affairs Undersecretary Sayyid Badr al-Busaidi, the Ambassador suggested concrete actions that Oman could take to improve upon its Tier 2 Watch List status. The Ambassador's recommendations, which he subsequently delivered to Minister of Manpower Juma ali-Juma, included passing anti-TIP legislation, establishing an inter-agency committee responsible for TIP issues, conducting a public awareness campaign and supporting the network of informal victim shelters run by source country embassies (ref A). Since the Ambassador's meetings, Post requested information through diplomatic note and meetings with officials in the Ministry of Foreign Affairs, Ministry of Manpower and the Royal Oman Police (ROP) on any steps that Oman has taken to fulfill these suggestions. To date, the government has demonstrated only limited response to USG TIP concerns. ¶3. (C) Oman has not yet provided Post with statistics on investigations or prosecutions of trafficking crimes. The Ministry of Manpower's Department of Labor Care did supply Post with mid-year statistics on labor complaints, showing that between January and July 2006 the Department received 2,907 calls to its complaint hotline. The Department of Labor Care resolved 938 through direct negotiations between the sponsor and employee, and referred 470 complaints to the courts for settlement. The statistics do not, however, specify the nature of the complaint, how many may have involved trafficking offenses, or resulting court decisions. ¶4. (SBU) Recent amendments to Oman's 2003 Labor Law under the U.S.- Oman Free Trade Agreement (ref A) may provide the government with additional legal tools to combat trafficking. On July 8, 2006 the Sultan issued Royal Decree 74/2006 expressly prohibiting forced labor and increasing penalties, including fines and prison time, for violations. The Royal Decree also strengthens the penalties against employers who engage in child labor or abuse women in the workplace. Minister ali-Juma additionally signed a legally enforceable administrative circular, which became effective on November 6, that expressly prohibits employers from withholding workers' passports (ref B). This action was taken in response to specific appeals by the Ambassador and Embassy officers. ¶5. (C) The Omani government has not presented evidence that it has developed a national anti-TIP plan. An official at the Ministry of Foreign Affairs informed poleoffs that Oman likely would create a domestic agenda on trafficking and draft related laws after the Gulf Cooperation Council (GCC) effort to craft regional anti-TIP legislation is complete. (Note: Oman's Minister of Justice participated in a GCC ministerial session on the proposed legislation in Abu Dhabi on November 8. End Note.) Omani officials informed the U.N. Special Rapporteur for Trafficking in Persons - who ended a five-day fact finding mission to Oman on November 7- that the government has created an inter-agency technical committee to review domestic legislation, identify outstanding needs, and propose remedies related to trafficking (ref C). The government has not yet responded to Post's request for additional details about the committee, including its composition, authority and mandate. ¶6. (C) To date, Oman has not supplied Post with specific information regarding efforts to develop formal procedures for identifying victims. The U.N. Special Rapporteur called attention to Oman's lack of procedures during her recent visit (ref C). The ROP has allowed emboffs to visit the country's two deportation centers for illegal immigrants (ref MUSCAT 00001599 002 OF 002 D),most recently facilitating an inspection on October 15 of the deportation center in the southwestern city of Salalah. According to the procedures in Salalah, officers at the prison screen detainees to separate first-time immigration violators from repeat offenders and criminals. Officers collect basic biographical information, including fingerprints, but generally do not collect data on the immigrants' reasons or methods for entering Oman illegally. Once the officers determine nationality, the detainees are repatriated. Officials in Salalah stated that the ROP's Criminal Investigation Department (CID) conducts in-depth interviews with each detainee, most likely screening for those who may pose a threat to internal security, but does not share its case notes. Moreover, emboffs could not determine if procedures were in place to identify potential trafficking victims from purely illegal/undocumented economic refugees. ¶7. (C) Oman also has not offered information on steps taken to develop a system of protective services for victims of trafficking. Some source country embassies run safe houses to care for run-away domestic servants and laborers until the labor complaint or immigration status is resolved. While the Department of Labor Care is responsible for resolving labor disputes or referring cases to the courts for redress, contacts report that many domestic servants and laborers are too intimidated to make a formal complaint against their Omani sponsor, and that court decisions are not systematically enforced. GRAPPO