2006 ANTI-TRAFFICKING IN PERSONS REPORT: OMAN

UNCLAS SECTION 01 OF 04 MUSCAT 000276

SIPDIS

SENSITIVE

DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, NEA/RA, NEA/ARPI
DEPT PASS USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB MU
SUBJECT: 2006 ANTI-TRAFFICKING IN PERSONS REPORT: OMAN

REF: A. SECSTATE 3836

B. 05 MUSCAT 1050


1. (SBU) The following responses are keyed to relevant
sections of ref A paras 21-24.

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PARA 21: OVERVIEW
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A. There were isolated and unsubstantiated reports that
persons were trafficked to, from, or within the country.


B. The law does not prohibit trafficking in persons per se;
however, Article 261 of the Criminal Code subjects
individuals to 3-5 years in prison if he/she "brings into
Omani territory or exports a person in the capacity of
servitude or slavery, or handles in any manner, receives,
acquires or maintains a person in such a situation." In a
significant improvement since last year's report, the
government of Oman began to phase-in a rise in the minimum
age for camel riders from 14 to 18 years, with the minimum
age rising annually by one year until the 18-year minimum is
reached in 2009. To enforce the new legislation, camel
riders were required to register in person with the Omani
Camel Racing Federation, effective January 1, 2006. Riders
are required to submit an original birth certificate, an
original passport or identity card, and 2 passport photos.
Dr. Talib Rifai, Regional Director of the International Labor
Organization, praised the Sultanate's progress in halting the
use of children as camel jockeys in a press interview
published December 20. He stated that "We (ILO) are no
longer worried with regards to this issue. Now we just need
implementation to parallel the legislation." Moreover, the
local UN Children's Fund Representative (UNICEF) concurred
with the government of Oman that foreign children are not
being trafficked and employed as camel jockeys in Oman. In
July, Oman ratified the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children.
In 2005, the government also ratified ILO Convention 105 on
the Abolition of Forced Labor, and Convention 138 on Minimum
Age of Employment. In response to last year's report, the
Omani government requested an opportunity to visit the U.S.
to learn more about U.S. operations and training in the
screening and handling of potentially trafficked victims (see
ref B).


C. The government of Oman lacks the technical experience,
necessary staffing, and appropriate financial resources to
develop a national screening and identification process for
the thousands of illegal migrants that reach Oman's borders
every year. Currently, embassies with citizens in
deportation/detention facilities conduct interviews in
addition to those performed by the Royal Oman Police to
determine the legal residence of an illegal migrant and
whether or not he/she was trafficked to Oman. The government
of Oman spends about $20 per day for each migrant (around
$200,000 annually) and pays for return transportation to a
migrant's home country. Omani government corruption is not a
problem.


D. Although the government of Oman monitors human smuggling
along its border, there are no official anti-trafficking
efforts that the Embassy is aware of. However, according to
a recent statement from the Ministry of Foreign Affairs, a
technical committee is currently in the process of reviewing
national legislation to ensure Oman's compatibility with the
provisions of the Protocol to Prevent, Suppress, and Punish
Trafficking in Persons, as well as to "contribute to the
global efforts to combat organized crime." The committee is
studying the question of putting specific mention of
trafficking in persons in the Omani criminal code.

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PARA 22: PREVENTION
--------------


A. The government of Oman believes that its harsh prison
sentences for such crimes act as a deterrent to potential
traffickers and reports having not found evidence of
trafficking in persons in Oman. The government of Oman has
solicited the Embassy for assistance in arranging a
senior-level Royal Oman Police visit to the United States to
learn more about best practices and international techniques
in processing illegal migrants, including identification,
protection, and investigation of potential trafficking in
persons victims.


B. The Royal Oman Police (which includes Oman's immigration,
customs, and coast guard) serves as the lead agency for
enforcement of immigration and labor laws, as well as land
and maritime border security. Oman's military forces have
also taken action to prevent illegal entry into the country
by migrants. The Ministry of Manpower oversees
implementation of labor regulations, including prohibitions
against child labor. The Ministry of Social Development
oversees much of the government's programs devoted to the
welfare of women and children.


C. There have been no government-run anti-trafficking public
information or public education campaigns. The government
does publicize, however, its efforts to apprehend and
repatriate illegal migrants (primarily Pakistani and Indian
nationals).


D. The Omani government actively promotes women's
participation in the economy. Primary and secondary
education is free for all students, and former gender
disparities in the student population at all levels have been
virtually eliminated. Women constituted just under 20
percent of the private-sector workforce, but over 30 percent
of the public-sector workforce. The Sultan has appointed
four women to ministerial rank and two women as ambassadors,
including the Omani ambassador to the Unites States.


F. The Omani government is working with other international
organizations, such as the United Nations, to promote
anti-trafficking legislation. The government regularly
discusses issues related to illegal migration with the
governments of Yemen, United Arab Emirates, Pakistan and
Iran. As noted earlier, a technical committee is currently
reviewing national legislation to ensure Oman's compatibility
with its recent ratification of the Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, Especially Women
and Children.


G. The Omani government adequately monitors its borders and
migration patterns for evidence of trafficking in persons.
Oman cooperates with other states to interdict alien
smuggling, and has instituted a special visa regime
applicable to certain countries of concern designed to thwart
the entry of persons deemed likely to engage in the sex
trade. Both the Omani military forces and the Royal Oman
Police Coast Guard have invested considerable resources to
improve monitoring and defense of its maritime and land
borders, to include modern patrol vessels, aircraft, and
sensor equipment.


H. There is no multi-agency working group to coordinate and
communicate a national anti-trafficking plan.


J. The government does not have a national plan of action to
address trafficking in persons. However, the government
recognizes the need to develop more appropriate screening and
investigation techniques and has solicited the Embassy for
assistance in learning more about international best
practices in combating trafficking in persons and illegal
migration.

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23: INVESTIGATION AND PROSECUTION OF TRAFFICKERS
-------------- --------------


A. The law does not prohibit trafficking in persons per se;
however, Article 261 of the Criminal Code subjects
individuals to 3-5 years in prison if he/she "brings into
Omani territory or exports a person in the capacity of
servitude or slavery, or handles in any manner, receives,
acquires or maintains a person in such a situation." Article
260 of the Criminal Code subjects individuals to 5-15 years
in prison for anyone who "enslaves a person or puts him in a
quasi-slavery status." Although Oman ratified the ILO
Convention against forced labor in 1998, in 2005 it further
strengthened its international obligations with its
ratification of the ILO Convention on the Abolition of Forced
Labor.


B. Although there is no differentiation between trafficking
in persons for sexual exploitation and trafficking in persons
for labor exploitation, each crime is covered under various
articles of the Criminal Code.

C. Article 218 of the Criminal Code subjects individuals to
5-15 years in prison to "anyone who has sexual intercourse
with a female out of marriage without her consent, either by
coercion, menace or deceit.


D. Prostitution is illegal, and is not widespread due to
strict cultural norms and immigration controls. Article 218
of the Criminal Code subjects individuals to 5-15 years in
prison to "anyone who has sexual intercourse with a female
out of marriage without her consent, either by coercion,
menace or deceit." Article 220 subjects to 3-5 years in
prison anyone who "incites, by coercion or menace, a person
to commit debauchery or prostitution." Article 221 subjects
an individual from 3 months to 3 years and fines from twenty
to one hundred Rials "anyone whose living is based, in whole
or in part, on a third party's earnings from debauchery or
prostitution, either under his protection or influence." The
same penalty is also applied to any person who manages a
place for debauchery or assists in its establishment or
management.


E. There is no published data on government prosecution of
human smuggling or trafficking in persons.


F. In the few isolated cases of trafficking in persons that
reportedly occurred during the year, it appeared that
individuals who may have migrated legally or illegally to
Oman were subjected to situations that may have amounted to
forced labor by local employers.


G. The Ministry of Manpower vigorously investigates any
reports of labor abuse, including back payment of wages or
withholding of one's passport. The criminal procedure code
does not prohibit police from engaging in covert operations
to aid in investigations.


H. Due to limited technical expertise and financial
resources, the government of Oman relies heavily on the
assistance of host country embassies to interview and
recognize victims of trafficking during their screening
process for repatriation.


I. The government of Oman regularly discusses issues related
to illegal migration with the governments of Yemen, United
Arab Emirates, Pakistan, India and Iran.


J. There have been no reported cases of requested
extradition of persons charged with trafficking in other
countries.


K. There is no government tolerance for trafficking, either
at the local or institutional level.


L. N/A


M. Child sex tourism does not exist in Oman.


N. The government ratified ILO Convention 182 on the Worst
Forms of Child Labor in 2001, Convention 29 on Forced Labor
in 1998, Convention 105 on the Abolition of Forced Labor in
2005, The Optional Protocol to the Convention on the Rights
of the Child (CRC) on the sale of Children, Child
Prostitution, and Child Pornography in 2004 and the Protocol
to Prevent, Suppress and Punish Trafficking in Persons,
Especially Children, supplementing the UN Convention Against
Transnational Organized Crime in 2005.

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24: PROTECTION AND ASSISTANCE TO VICTIMS
--------------


A. The Omani government relies on foreign embassies and
charitable groups to tend to foreign nationals requiring
repatriation. The Omani government has underwritten most of
the costs of deporting more than 10,000 Pakistani migrants
annually (on average),as well as financing the construction
of a dedicated deportation detention facility. These illegal
migrants are not, however, believed to be victims of
trafficking.

B. No.


C. No.


D. The government of Oman respects the rights of victims of
all crimes. Illegal migrants are detained in deportation
facilities for up to 30 days and are provided food, shelter
and medical care while they are interviewed by their
respective embassies for repatriation.

E. Victims of any crime in Oman are strongly encouraged to
assist in the investigation and prosecution.


F. The Embassy is unable to assess protection afforded to
victims and witnesses of trafficking crimes since none were
reported during the year. The government provides shelter
for illegal migrants at several deportation facilities. Some
expatriate embassies provide shelter for citizens involved in
labor disputes.


G. No.


H. There have been no reported cases of repatriated Omani
citizens who were victims of trafficking.


I. There are no international organizations that are
currently working with trafficking victims in Oman. Although
the government of Oman lacks the technical expertise,
necessary staffing and appropriate financial resources to
develop a national screening and identification process, the
government has been proactive in soliciting assistance from
the United States to learn more about best practices and
international techniques in processing illegal migrants,
including identification, protection, and investigation of
potential trafficking in persons victims. In response to
last year's report, the government requested the opportunity
to learn more about U.S. operations and training in the
screening and handling of potentially trafficked victims (see
ref B). The government has also solicited the Embassy for
assistance in arranging a senior-level Royal Oman Police
visit to the United States. To date, no response to requests
for assistance have been given to the Omani government.


2. (SBU) Embassy POC for TIP is Pol/Econ Officer Cynthia
Plath, (968) 24-698-989, ext. 393; fax: (968) 24-694-355;
email: plathc@state.gov. Preparation time: FE-MC: 1 hour;
FS-01: 1 hour; FS-02: 2 hours; FS-04: 12 hours.
BALTIMORE