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. -------------- PARA 21: OVERVIEW -------------- ¶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. -------------- 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. -------------- -------------- 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. -------------- 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