Identifier
Created
Classification
Origin
07AMMAN968
2007-03-04 13:46:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Amman
Cable title:  

JORDAN'S CONTRIBUTION TO SEVENTH ANNUAL

Tags:  PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB JO 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHAM #0968/01 0631346
ZNR UUUUU ZZH
P 041346Z MAR 07
FM AMEMBASSY AMMAN
TO RUEHC/SECSTATE WASHDC PRIORITY 7404
INFO RUEHEG/AMEMBASSY CAIRO PRIORITY 2983
RUEHLM/AMEMBASSY COLOMBO PRIORITY 0139
RUEHJA/AMEMBASSY JAKARTA PRIORITY 0061
RUEHML/AMEMBASSY MANILA PRIORITY 0072
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUEAWJB/DEPT OF JUSTICE WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC PRIORITY
UNCLAS AMMAN 000968 

SIPDIS

SENSITIVE
SIPDIS

USAID
DEPARTMENT FOR G/TIP, INL, DRL, PRM, G/IWI, USAID

E.O. 12958: N/A
TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB JO
SUBJECT: JORDAN'S CONTRIBUTION TO SEVENTH ANNUAL
TRAFFICKING IN PERSONS REPORT

REF: STATE 202745

UNCLAS AMMAN 000968

SIPDIS

SENSITIVE
SIPDIS

USAID
DEPARTMENT FOR G/TIP, INL, DRL, PRM, G/IWI, USAID

E.O. 12958: N/A
TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB JO
SUBJECT: JORDAN'S CONTRIBUTION TO SEVENTH ANNUAL
TRAFFICKING IN PERSONS REPORT

REF: STATE 202745


1. (U) Embassy point of contact on trafficking in persons is
political officer Miriam Schwedt, phone number 202-536-4173,
ext. 6597 or 962-6-590-6597, fax number 962-6-592-0159.
Officer spent approximately 48 hours preparing the report.
Political Analyst Manal Hashweh spent 16 hours preparing the
report.


2. (U) The following responses refer (in parentheses) to
queries in reftel. This information is sensitive and should
be handled accordingly.

--------------
Checklist
--------------


3. (U) (27/A) Jordan is a country of destination for women
from South Asia and South East Asia, primarily Sri Lanka,
Indonesia, and the Philippines, for the purpose of labor.
Eastern European women also enter Jordan for illicit
purposes, but there is no evidence of coercion, force, or
fraud. There are 70,000 foreign domestic workers (FDWs)
estimated to be working in Jordan, though only 52,387 have
valid work permits. The number of migrant workers with valid
work permits in the Qualified Industrial Zones is 38,183.
The Philippine Embassy reports 18,000 Filipino workers in
Jordan, of whom it estimates 7,000 are illegal. In 2006, the
Phillipine Embassy received from its citizens 152 complaints
of non-payment of wages, 25 complaints of sexual harassment
and 320 complaints of mistreatment. Filipino officials told
emboff that 720 FDWs ran away from employers and sought
shelter in the Philippine Embassy. Of these, 160 contacted
Jordanian authorities to lodge complaints against employers.

- (SBU) Source country embassies, including that of the
Phillipines, rarely take up such cases with the GoJ as
government-to-government issues.

- (U) In 2006, the Family Protection Unit of the Jordanian
national police received 40 complaints of sexual abuse
against FDWs, all of which prosecutors took to court. At the
time of this report, prosecutions in 24 of these cases were
underway; none of these trials are yet complete. Eleven other
FDWs formally complained to police that employers had
committed offenses ranging from slander to theft to battery.
In May 2006, the Ministry of Labor established a Directorate
for Foreign Domestic Workers. This office's mission is to
control and monitor all FDW issues, including reports of
abuse. The directorate has a hotline which, according to the
ministry, at year,s end had received and resolved roughly
100 complaints.

- (SBU) (27/A) Jordan may also be a destination country for
men from South Asia and South East Asia for the purposes of

labor. These men work primarily in factories within the
Qualified Industrial Zones, and may be subject to abuses such
as extended and forced working hours, unpaid wages, and
withholding of passports.

- (SBU) (27/A) To a much lesser degree, Jordan may be a
transit destination both for trafficked women from South and
South East Asia, and for men from South and South East Asia.
The women may transit Jordan en route to other Middle East
countries, such as Syria and Egypt, for the purpose of labor
exploitation. No Jordanians appear to be complicit in the
trafficking of these women. The women reportedly possess
valid transit visas, and would only enter Jordan's airports
due to the routing of flights from the source to the
destination countries. The men, on the other hand, may be
brought to Jordan with the promise of employment within the
country, only to be trucked overland into Iraq. In 2005, the
Ministry of Labor and Ministry of the Interior issued
instructions to all border crossing authorities prohibiting
foreign workers from transiting unless their sponsor
accompanies them. According to some advocates, Jordanian
middlemen are operating as sponsors to bypass this
instruction. Post cannot assess the extent of this practice.
Please see paragraph 19 for more information on transit visa
regulations.



4. (SBU) (27/B) Trafficking in Jordan is almost exclusively
for the purpose of labor exploitation, and is primarily
limited to FDWs and factory workers in the Qualified
Industrial Zones (QIZs). The workers generally come from
South and South East Asia. In 2006, the Jordanian Ministry
of Labor took a number of important steps to acknowledge and
examine trafficking issues, and took steps to create
solutions.

- (SBU) (27/B) Exploitation of some FDWs begins with the
recruiting agencies in the source countries, but continues
with some receiving agencies in Jordan and with some
Jordanian employers. When exploitation takes place among QIZ
workers, factory owners and managers in Jordan generally bear
the most responsibility. Both FDWs and QIZ workers sometimes
find themselves in conditions that include: extended and
forced working hours, unpaid wages, restrictions on freedom
of movement including the withholding of passports and
residency permits, and verbal, physical, and sexual abuse and
assault. Abuses related to wage and working hour issues
occur with greater frequency than do physical or sexual
abuse.

- (SBU) (27/B) A common pattern that often renders FDWs
susceptible to abuse begins when a source country recruiting
agency drafts the FDW's resume and exaggerates her
qualifications. When she arrives in Jordan, the receiving
agency is faced with the choice of repatriating the FDW - at
a loss to the company - or hiring her out to Jordanian
employers who expect a higher caliber worker. When the
employer complains and demands that the agency take the FDW
back, the agency will simply find another unsuspecting
employer. In the past, it was not uncommon for a worker to
be shuffled from household to household in this manner.
However, in June 2006 the Ministry of Labor issued new
regulations prohibiting the transfer of workers from one
sponsor to another under any circumstances, requiring
employers to pay for work permits in advance of a worker,s
arrival in Jordan, to hire FDWs for a minimum of two years
without a trial period, and requiring the agencies to
repatriate immediately any women who arrive in Jordan
pregnant or suffering from a contagious disease.

- (SBU) (27/B) QIZ workers arriving in Jordan are frequently
taken directly to the factory of employment. Factory managers
frequently hold their passports, ostensibly for safekeeping.
As a result, many QIZ workers do not have free access to
their travel documents, amounting to restrictions on freedom
of movement. However, the GoJ has taken steps to address
this problem (see para 11). There were also allegations of
unpaid wages, extensive hours, and physical and sexual abuse
during 2006.


5. (SBU) (27/C) The GoJ faces severe resource constraints on
its ability to monitor anti-trafficking efforts.
Additionally, Jordan's traditional society tends to promote a
culture of silence and discretion with regard to matters of
the home. The most egregious of the abuses which some FDWs
and QIZ workers suffer - physical and sexual assault ) are
crimes that often go unreported in Jordan (and in many other
countries). Factors such as language and cultural barriers
also sometimes hamper the reporting of some abuse.

- (SBU) (27/C) Information-sharing between the source country
embassies and the GoJ is poor. According to the GoJ, though
the embassies allege large numbers of complaints from their
FDW nationals, the embassies have not requested help from the
GoJ or from the Recruiting Agencies Association, nor have
they provided documentary evidence of the allegations. In
some cases, NGOs and the GoJ allege that embassies are hiring
out the women who come to them seeking shelter.

- (SBU) (27/C) Interministerial coordination on trafficking
issues is sometimes poor. The GoJ does not keep easily
accessible records of court proceedings, making it difficult
to obtain information on prosecutions related to trafficking.


6. (SBU) (27/D) The GOJ interministerial steering committee
driving anti-trafficking efforts brings together officials

from the ministries of Labor, Interior, Foreign Affairs,
Justice; diplomats from source country embassies; NGO
activists; and representatives of the Recruiting Agencies
Association. Through this committee, the GoJ seeks to
coordinate anti-trafficking efforts. In 2006, the GoJ
allowed an outside assessment team to evaluate the
trafficking situation in the QIZs, and plans to publicly
release the team's report in March.

--------------
Prevention
--------------


7. (SBU) (28/A) The GoJ acknowledges that trafficking is a
problem in Jordan. Jordan is mainly a destination country,
and many in Jordanian society see the problems FDWs suffer as
family matters rather than as a systemic trafficking issue.
Many outside the Ministries of Labor, Interior, Justice, and
Foreign Affairs are unaware of the allegations of trafficking
within QIZs and therefore do not see it as a problem.
Jordan's economy is largely cash-based, and as a consequence
it is difficult to prove allegations that employers have
withheld salaries. Workers being held against their will
face difficulties in reporting their conditions.
Conservative social norms make it hard to come by accurate
reporting on sexual assaults and prostitution.

- (SBU) (28/A) The GoJ contends that source countries and
their embassies share responsibility for the problem.


8. (SBU) (28/B) The Ministries of Labor, Interior, and
Foreign Affairs are all involved in anti-trafficking efforts.
The three are part of the interministerial steering
committee to combat trafficking, led by the Ministry of
Foreign Affairs. However, the lead role most often rests
with the Ministry of Labor.


9. (SBU) (28/C) The Ministry of Labor, in collaboration with
UNIFEM and the Adaleh Center for Human Rights, launched a
media campaign to increase awareness of trafficking.
Exclusively directed towards FDWs, the campaign featured ads
on billboards, in the press and on the radio. With the help
of UNIFEM, the government also produces a booklet for
distribution to all FDWs explaining their rights. This
booklet is printed in Sinhala, Bahasa Indonesia, Tagalog,
English and Arabic. As of the time of this report, the
government was still working in conjunction with recruiting
agencies to ensure all FDWs receive this booklet upon arrival
in Jordan. There have not yet been anti-trafficking or
education campaigns sponsored by the government relating to
QIZ workers.


10. (SBU) (28/D) The GoJ supports other efforts which
reinforce the fight against trafficking. The establishment
in 2003 of a minimum quota for women in the lower house of
parliament, for example, was not aimed directly at
trafficking, but had the effect of placing additional
sympathetic advocates in positions of influence.

- (SBU) (28/D) The GoJ is also pursuing several initiatives
to offer better support and greater transparency for the
foreign worker community. It recently signed a memorandum of
understanding with Sri Lanka to streamline the process by
which Sri Lankan workers (approximately 35,000 including
factory workers and FDWs) gain employment in Jordan, and to
guarantee their rights. Jordan has also signed MOUs with
Indonesia and the Philippines. The GoJ has endorsed a
standard FDW contract that must be signed by the recruiting
agency, the employer, and the employee. As mentioned in para
14, the GoJ publishes a guidebook that the recruiting
agencies will be required to distribute to all FDWs upon
their arrival in Jordan. The booklets enumerate the worker's
rights and offer hotline numbers that abused workers can call
in the event of abuse. Additionally, in May 2006 the GoJ
established an inter-agency office that is solely dedicated
to FDW issues, from checking residency and work permits, to
arbitrating salary disputes, to receiving complaints of
abuse. In 2006, this office received roughly 100 complaints
and mediated them to settlement.

- (SBU) (28/D) On September 1, the GoJ signed a MOU with the
International Labor Organization (ILO) to adopt the Decent
Work Pilot Programme (DWPP). The DWPP is designed to help
implement international labor standards, improve production
capacity and work environments, support development, and
protect workers, rights.

- (SBU) (28/D) Since 2003, the GoJ and the ILO have worked
together on a Social Dialogue project funded by the U.S.
Department of Labor. One of the outcomes of this project is
an ILO program to train labor inspectors. The GoJ also
worked with the NGO "LevelWorks" to conduct an assessment of
the human rights and trafficking situation in the QIZs.
Additionally, the GoJ placed locked suggestion boxes in all
factories where workers could submit complaints anonymously.
A representative from the Ministry of Labor has the only key
to the boxes.


11. (SBU) (28/E) The relationship between government
officials, NGOs, and other elements of civil society on
trafficking is good on the working level, but there is
friction in some cases. Some NGOs remain skeptical that the
GoJ is capable of solving the problems that exist. They
believe that most GoJ working-level officials remain
indifferent to trafficking, and therefore believe that the
ministers are still insulated from the true magnitude of the
problem. Conversely, the GoJ believes it has acknowledged
the problem and is taking firm steps to address it, and that
some in the NGO community may be overstating the problem.
However, the GoJ, NGOs, and civil society come together for
workshops to raise awareness and attempt to build consensus
and capacity to work on the trafficking problem jointly. The
steering committee is a leading example of this cooperation.

- (SBU) (28/E) The cooperation between these parties has
already paid dividends. It was responsible for the 2003
amendment of the Labor Law, allowing the Ministry of Labor to
supervise the recruitment of FDWs and the licensing of
recruiting agencies. Before 2003, there were no officially
licensed recruiting agencies in Jordan; the Ministry of the
Interior was responsible for every facet of monitoring the
importation of labor. In 2003, in a move aimed at limiting
abuses, the GoJ transferred to the Ministry of Labor
authority to monitor the recruitment process. Recruiting
agencies must have a license to operate, and the agencies
assumed many of the responsibilities that used to fall to
individual employers. This enables the GoJ to better monitor
the situation. The change also resulted in the uniform
employment contract for FDWs.

- (SBU) (28/E) There is also a GoJ/diplomatic committee
which specifically addresses the needs of the workers in the
QIZs. Comprised of representatives from the Ministries of
Labor and Interior, as well as diplomats from the embassies
of the source countries, this committee oversaw the movement
of nearly 3000 workers from non-compliant factories to
factories which met certain standards outlined by the GoJ.
All the workers with expired work permits were exempted from
fines.


12. (SBU) (28/F) The GoJ does control and monitor immigration
patterns, but this is done more for security purposes than to
combat trafficking. The GoJ has identified training of the
police and other security personnel who serve as border
inspectors as an area of assistance they are interested in
pursuing, and in 2006 the Deputy Chief of Immigration at
Jordan's Queen Alia International Airport attended the
Trafficking in Persons International Visitor Program
sponsored by the USG. In 2007, Major Muhammad Azzam, Adviser
to the Director of Residency and Borders Department, PSD;
Major Maen Khasawneh, Chief of Immigration, Jaber border
crossing, PSD; Major Ahmad Qtaishat, Immigration Officer,
Queen Alia International Airport, PSD; and Major Nashat
Ma,asfeh, Chief of Sources and Crime Information Unit, PSD,
will attend the annual TIP IV program.

- (SBU) (28/F) It would help identify potential victims of
labor exploitation if immigration officials conducted more
probing interviews at the airport and other points of entry.
Following allegations that employers deported some QIZ

workers for "trouble-making," the Ministry of Labor issued a
regulation stating that no foreign worker was permitted to
leave the country without permission from the MoL. This
regulation was only partially enforced.

- (SBU) (28/F) The GoJ requires that nationals of most
migrant worker source countries may enter Jordan only after
approval from the Ministry of the Interior. Jordanian
embassies in those countries also do not issue visas without
MoI approval, and each case is individually evaluated.
Nationals of these "restricted" countries cannot obtain
transit visas for Jordan unless they possess a visa for the
destination country. Even then, they may not enter Jordan
for the purpose of transiting to neighboring countries.
Tourist visas for groups of nationals of restricted countries
are not issued except through accredited Jordanian tourist
offices. All foreigners coming to work in Jordan need prior
approval from the Ministry of Labor, and receive that
approval only after the work permit is paid.


13. (SBU) (28/G) There is a multilateral steering committee.
The committee is comprised of representatives from the
Ministries of Labor, Interior, and Foreign Affairs, source
country embassies, NGOs, and the recruiting agencies in
Jordan. In 2006, the Ministry of Foreign Affairs established
a position in the Human Rights Directorate for an
Anti-Trafficking in Persons Coordinator. The first official
to fill this post is Dr. Manal Mazareh, identified as a TIP
Hero in the 2005 report. A unit within the General
Intelligence Directorate (GID) takes the GOJ lead for
examining allegations of government corruption.


14. (SBU) (28/H) No national plan of action to address
trafficking exists as a unified, comprehensive document,
though several initiatives on different fronts are all
underway, as explained above. The steering committee is
working on a comprehensive national plan. It includes:
amending labor legislation relating to domestic workers,
their sponsors, recruiting agencies, and legal measures
against violators; finding a mechanism to train a larger
number of judicial/police officers; developing a mechanism to
streamline the process of receiving complaints from foreign
workers; setting up a database to gather and register all
data on foreign workers; and raising awareness on the rights
of foreign workers. In conjunction with the ILO, AFL-CIO
Solidarity Center and General Federation of Jordanian Trade
Unions, the MoL also proposed new changes to the labor law
that would include FDWs and allow all foreign workers to join
or create unions.

--------------
Investigation and Prosecution of Traffickers
--------------


15. (SBU) (29/A) Jordanian law prohibits trafficking in
children. There are also anti-slavery laws and other
legislation that can be invoked to prosecute and punish
trafficking and related crimes. Any person who, for purposes
of financial gain, bribes, encourages, or entices another to
come to or depart Jordan can be prosecuted under the 1929
Abolition of Slavery law. It provides for the following
punishments:

- Kidnapping of domestic workers: minimum three years
imprisonment
- Sexual exploitation of domestic workers: not less than
three months
- Sexual molestation of domestic workers: not less than three
months
- Any attempt to force domestic workers into prostitution:
not less than three months
- Any intentional or unintentional physical abuse of domestic
workers: not less than three months

The law also provides for the punishment of employers who
withhold passports with the intent of compelling an FDW to
work in violation of the terms of the contract.


16. (SBU) (29/B) There is no law that specifically addresses
traffickers of people for sexual or labor exploitation.

Offences of this kind would be prosecuted under the slavery
law explained in paragraph 11.


17. (SBU) (29/C) Under the Passport Law of 2003, anyone found
in possession of a passport not their own is subject to
imprisonment of 6 months to 3 years, and/or fines of JD
500-1000.

- (SBU) (29/C) The Criminal Code also addresses trafficking
as it relates to physical restraint and coercion. It
provides for the following punishments:

- Menacing: imprisonment from 6 months to 6 years if the
threat was for the life of this person and with a weapon,
from 1 month to 2 years if it was a verbal and not a threat
for life.

- Physical restraint, including the withholding of travel
documents: imprisonment from 3 months to one year.

In June, the MoL issued new regulations regarding the
recruitment of FDWs. The provisions of the new regulations
are:

- Paying work permit fees for the worker to be recruited
before s/he arrives
- The worker must be accompanied by his/her original sponsor
as soon as the worker enters the country
- Employers must pay the recruiting agency 10% of the total
value of the worker,s wages for the whole duration of the
contract agreed upon by the sponsor and worker. The initial
contract must not exceed 24 months.
- If both employer and employee agree on renewing the
contract for another year, the agency must be paid 2% of the
total value of the worker,s wages for the duration of the
contract
- The work permit fee must be paid in advance as soon as
approval for the worker,s recruitment is given
- The employer must submit a guarantee for the worker
equaling a month,s salary for the worker to be recruited in
order to safeguard the rights of the worker and to cover the
cost of the return ticket to the worker,s country of origin
- The agencies must meet certain conditions in order to be
accredited


18. (SBU) (29/D) Jordanian law provides for the death penalty
for the rape of a girl less than 15 years of age. The
penalty for rape of a girl or woman 15 years of age and older
is 3 to 5 years imprisonment.


19. (SBU) (29/E) Prostitution is illegal. All involved
parties - prostitute, brothel owner, client, and procurer -
are subject to prosecution for engaging in or supporting
prostitution. The Jordanian national police force - the
Public Security Directorate (PSD) - informed the Embassy that
there are no statistics available on arrests linked to
prostitution during the year.


20. (SBU) (29/F) There is no statute that specifically
addresses trafficking. Other statutes, however, cover all
crimes that fall under trafficking. At least three QIZ
factory managers have been prosecuted for crimes related to
trafficking (see below). Recruitment agencies must front a
$70,500 guarantee that they will conduct their work in
accordance with the law. Following MoL inspections,
thirty-three out of ninety-four recruiting agencies were
fined for labor violations, and another six were closed. As
of the time of this report, four of those six have satisfied
the MoL that they have addressed their outstanding problems
and have been allowed to re-open. Two remained closed, and
the MOL liquidated their guarantee deposits to pay those who
were affected by the closure.

- (SBU) (29/F) In May 2006, the MoL began inspections of all
the QIZ factories for compliance with labor laws. After four
rounds of inspections, the MoL cited factories for 1113
violations, with associated fines, and issued 338 warnings.
Ten of the factories inspected were closed. Two of those
have since reopened after coming into compliance with new MOL
standards which the Ministry calls the "Golden List

guidelines."

- (SBU) (29/F) In 2006, the Ministry of Labor received 100
complaints against licensed recruiting agencies, often from
employers dissatisfied with the qualifications of the migrant
worker. The Ministry worked each of these complaints to
conclusion. Complaints related to rape, theft, or violent
acts were referred to the Family Protection Unit. In 2006,
the MoL received 3277 complaints from QIZ workers regarding
non-payment of wages.

- (SBU) (29/F) The FPD dealt with 40 complaints from FDWs
alleging of sexual molestation or abuse during 2006. All
victims were from South and East Asia. At the time of this
report, 14 cases were still in court, 7 defendants were found
innocent, 2 had been found guilty and were serving sentences
of 2 and 3 months, and in one case the charges were dropped.
Sixteen of the cases had not yet progressed to the trial
stage.

- (SBU) (29/F) At least four non-Jordanian factory owners or
managers were barred from leaving Jordan until settling the
financial claims their foreign employees and paying residence
fines. At least three cases went to court in 2006. In the
first case, workers complained that a factory manager had not
paid wages. The court compelled the manager to pay all the
back-wages of the workers as well as their overstay fines,
totaling $46,200. In the second case, a supervisor was
charged after an employee complained to authorities that he
was assaulted, leading to his hospitalization. The
complainant ultimately dropped the charges and returned to
work. Another supervisor, also charged with assault, was
removed from his position and returned to his country of
origin. The company paid the victim of the assault
compensation of $2000 and repatriated her at her request.

- (29/F) In March 2006, the Ministry of Labor sued the
al-Masar Transportation Company for illegally trafficking 120
Indian and Nepalese workers into Jordan through Aqaba.

- (29/F) One of the largest challenges for prosecuting
traffickers is that frequently the workers do not have the
means to file complaints or press charges. To address this,
some embassies have hired lawyers to represent their
citizens. However, court proceedings can be lengthy, and
many foreign workers cannot afford to stay in Jordan for the
duration of the trial.


21. (SBU) (29/G) There is no evidence, anecdotal or
otherwise, that there are organized crime syndicates
trafficking people to or from Jordan. Rather, the
"traffickers" are recruiting agencies that do not uphold
migrant workers' contracts, and employers who subject their
workers to forced labor-like conditions.


22. (SBU) (29/H) The GoJ does actively investigate cases of
labor exploitation that come to its attention. Many of the
exploited FDWs do not feel comfortable turning to Jordanian
authorities, and instead report the abuses to their
embassies. It is not clear that the embassies subsequently
pursue these issues with the GoJ.


23. (SBU) (29/H) The GoJ does not use electronic
surveillance, undercover operations, or plea deals to
actively investigate cases. The GoJ, through the Ministry of
Labor, routinely inspects recruiting agencies to ensure
compliance with the law.


24. (SBU) (29/I) Physical and sexual assault victims who do
turn to the Jordanian authorities are referred to a special
department within the PSD, the Family Protection Department
(FPD). Contacts in the GoJ tell us that about 25% of FDW
rape complainants subsequently tell authorities the relations
in question were consensual, leading to the closing of
investigations. While adultery is illegal, the law requires
a complainant in order to file charges. The levels of shame
and attention to which this would expose a family are
considerable. As a result, it is unusual for a complainant
(typically the wife of the alleged adulterer) to press
charges. Additionally, both partners in the adulterous act

must be charged, according to the law. The implication is
that rape victims might be subject to payoffs or threats in
order to convince them to change their stories and admit to a
consensual, adulterous relationship.

- (SBU) (29/I) The FPD is highly trained and equipped to
handle allegations of criminal physical and sexual assault.
The FPD has specialists in forensics and counselors on hand,
and employs state of the art interviewing equipment to ensure
transparency in investigations. Eight Jordanian police
officers participated in anti-trafficking courses and
symposia in Greece, Turkey, and Sweden during 2005.
Domestically, 90 officers trained at the Royal Police Academy
on combating smuggling persons; 60 officers trained in
identifying physical/sexual abuse; and 20 officers trained
specifically in anti-trafficking efforts.

- (SBU) (29/I) The Judicial Institute holds continuous
courses on the provisions of the Labor Code, labor issues,
and on the interpretive judgment of the Court of Cassation.


25. (SBU) (29/J) No formal cooperation with other governments
in the investigation and prosecution of trafficking cases was
reported. The MOUs with the source countries should allow
the GoJ to coordinate with those governments.


26. (SBU) (29/K) Jordan does not have an extradition treaty
with the Philippines, Sri Lanka, Indonesia, Nepal, China,
India or Bangladesh.


27. (SBU) (29/L) No evidence exists of government involvement
in, or tolerance of trafficking.


28. (SBU) (29/M) Not applicable.


29. (SBU) (29/N) Not applicable.


30. (SBU) (29/L) ILO 182 - ratification 4/20/2000; ILO 29 -
ratification 6/6/1966; ILO 105 - ratification 3/31/1958;
Optional Protocol to the CRC - ratification 9/6/2000.

- Jordan has ratified the Protocol to Prevent, Suppress, and
Punish Trafficking in Persons, however, it has not yet
ratified the UN Convention Against Transnational Organized
Crime, of which the Protocol is a part. MFA officials told
emboff that an inter-ministerial committee is considering the
Convention, and will make a recommendation to Parliament
about ratification.

--------------
Protection and Assistance to Victims
--------------


31. (SBU) (30/A) The GoJ currently does not have a shelter
established for victims of trafficking, although the
Jordanian Women,s Union, which runs a domestic violence
shelter, did allow some FDWs temporary stays. Some women may
be imprisoned due to charges of theft or adultery. Others
have sought shelter from their embassies. Employers are
required to purchase health and life insurance for foreign
workers. UNIFEM is currently seeking funding to create a
shelter for migrant workers.


32. (SBU) (30/B) The GoJ provides operational expenses for
the National Centre for Human Rights, and has offered
non-financial support to organizations such as UNIFEM and the
International Organization for Migration (IOM),both of which
are pursuing programming to prevent trafficking and to
support victims.


33. (SBU) (30/C) In the QIZs, workers who are identified as
trafficking victims are moved from their factory of
employment to factories meeting the standards of the MOL's
"Golden List."


34. (SBU) (30/D) As a matter of law, victims, rights are
respected. The Family Protection Department operates
professionally. The same may not always be true of local
police stations. In cases where FDWs run away from their
employers or approach authorities to claim abuse or protest

salary withholdings, an employer will often accuse an FDW of
theft. If charges are filed against an FDW, she will be
arrested and detained. If an FDW does not have a residency
permit, she will be fined $2.12 for each day that she is out
of status. In many cases, this fine accumulates into an
amount that FDWs are incapable of paying, effectively
preventing many from leaving Jordan. In 2006, the Ministry
of Interior frequently waived these fines in order to permit
FDWs to return to their countries.


35. (SBU) (30/E) Potential witnesses in a court case must
appear when summoned. Victims can bring civil suits against
employers under civil law, not under the labor law. If the
suit is under 3000 Jordanian Dinars ($4200 dollars),the
plaintiff does not need to retain a lawyer. For suits
greater than $4200, the plaintiff must have a lawyer.


36. (SBU) (30/F) The government may put sexual assault
victims in protective custody in correctional facilities.


37. (SBU) (30/G) The Family Protection Department is the only
government facility that handles the crimes associated with
Jordan's trafficking problems, and as mentioned above, they
are highly trained. The Royal Police Academy in 2006 began
including Anti-Trafficking training in its law enforcement
curriculum. Additionally, several officers were sent to
Anti-Trafficking conferences in Greece, Turkey, and Sweden.
In 2007 Major Muhammad Azzam, Adviser to the Director of
Residency and Borders Department, PSD; Major Maen Khasawneh,
Chief of Immigration, Jaber border crossing, PSD; Major Ahmad
Qtaishat, Immigration Officer, Queen Alia International
Airport, PSD; and Major Nashat Ma,asfeh, Chief of Sources
and Crime Information Unit, PSD; will attend the annual
Trafficking in Persons IV program sponsored by the USG. The
Ministry of Labor receives weekly training from IOM on a
breadth of labor issues, including ILO standards that cover
trafficking.


38. (SBU) (30/H) Not applicable.


39. (SBU) (30/I) UNIFEM works closely with the GoJ and with
local NGOs on women,s rights issues, specifically FDWs.
UNIFEM guided the process to standardize the FDW work
contract and to produce the FDW guidebook. UNIFEM is also
currently seeking funding to create a shelter for FDWs who
run away from their employers. "Friends of Women Workers" is
a newly formed NGO which in 2006 conducted a study on runaway
FDWs. IOM's Jordan office is engaged in weekly training
seminars at the Ministry of Labor. IOM also is attempting to
raise funds to repatriate FDWs stranded in Jordan due to an
inability to pay their overstay fines. The GoJ has agreed to
waive the fines if IOM can fund the travel.


40. (SBU) (30/I) The NGO LevelWorks, in conjunction with the
GoJ and USAID, conducted a 3-month assessment of the QIZ
factories, following allegations of human rights violations
and trafficking. In June, the National Centre for Human
Rights sued a recruiting agency on behalf of 2 Nepalese and 6
Indian men. The agency had brought the men into Jordan on
tourist visas and promised them work. The men were
repatriated and exempted from overstay fines. The tourist
company that issued the visas was obliged to pay the cost of
the tickets.

--------------
TIP Heroes
--------------


41. (SBU) (31) Dr. Manal Mazahreh from the Human Rights
Directorate of the Ministry of Foreign Affairs heads Jordan's
trafficking in persons steering committee. This requires Dr.
Mazahreh to coordinate heavily with other ministries, NGOs,
source country embassies, and recruiting agencies.
Additionally, Dr. Mazahreh is leading the committee into
uncharted territory as the GoJ begins to use a different
approach to address the trafficking problem in Jordan. She
returned no name-check hits.


42. (SBU) (31) Ms. Khawla al-Hassan of the Ministry of Labor
is responsible for following the status of the QIZ factories.

In this role, Ms. Al-Hassan has proved to be a champion for
TIP victims, frequently visiting QIZ factories unannounced to
ensure compliance with MOL standards. On more than one
occasion, Ms. Al-Hassan personally intervened when an
employer tried to deport a worker for "trouble-making." She
returned no name-check hits.
RUBINSTEIN

Share this cable

 facebook -  bluesky -