OMAN PROGRESS REPORT ON ANTI-TIP EFFORTS

UNCLAS SECTION 01 OF 02 MUSCAT 000778 SIPDIS SENSITIVE SIPDIS STATE FOR NEA/ARP, DRL, G/TIP LABOR FOR JAMES RUDE E.O. 12958: N/A TAGS: PHUM PREL KCRM KWMN SMIG ELAB MU SUBJECT: OMAN PROGRESS REPORT ON ANTI-TIP EFFORTS REF: A. MUSCAT 597 ¶B. MUSCAT 298 -------------- Summary -------------- ¶1. (SBU) Since being designated by the Department as a "Tier 3" country in the 2007 Trafficking in Persons report, the Omani government has drafted, with the assistance of a prominent U.S.-based expert, an anti-TIP law that both criminalizes the trafficking of individuals and establishes a national committee to coordinate anti-TIP initiatives. The government plans to hold its first internal anti-TIP workshop in September. The draft law and formation of a national committee represent significant steps by the government in meeting the targets set out in the 60-day action plan. End Summary. -------------- New Anti-TIP Legislation -------------- ¶2. (SBU) The Omani government has formulated anti-TIP legislation to prohibit severe forms of trafficking, including involuntary servitude of domestic workers and commercial sexual exploitation. Under the current draft, Oman would define exploitation of an individual as one including "prostitution, sexual assault, servitude, forced labor, enslavement, quasi-slavery practices, subjugation, or illegal detachment of organs." The draft would find violations of human trafficking where one "recruits, transports, harbors, or receives a person by way of coercion, threat, deceit, blackmail, or misuse of power, influence, or authority." Furthermore, the law would find violations of human trafficking in cases involving a child, defined as one under 18 years of age, regardless of the method by which that individual was recruited, transported, harbored, or received. -------------- Assistance for Victims -------------- ¶3. (SBU) The draft law outlines procedures for assisting those trafficked. Government officials would be required to explain to victims their "legal, physical, psychological, and social status" in a language they understand. The government would be responsible for caring for the victim, whether through a hospital, mental health facility, or an "accommodation center," and would also be required to offer protection for the victims, should the need arise. -------------- Punishment Outlined -------------- ¶4. (SBU) The draft law establishes a prison sentence of three to seven years with a fine of 5,000 Omani rials (USD 13,000) to 100,000 RO (USD 260,000) for those convicted of human trafficking. A stiffer sentence, including a prison term of seven to 15 years and a fine of 10,000 RO (USD 26,000) to 100,000 RO (USD 260,000),would be instituted for those trafficking crimes where the perpetrator is part of an organized criminal gang; traffics a child or person with special needs; uses a weapon as a means of coercion; was related to, or the guardian of, the victim trafficked; misuses his public office to facilitate trafficking operations; or is involved in an incident in which the victim suffers irreversible physical or psychological harm. The draft law would hold accountable those who know that incidences of trafficking are occurring, but fail to report it to the police, as well as those who assist violators in escaping justice. -------------- National Committee Established -------------- ¶5. (SBU) The draft law creates a "National Committee for Combating Human Trafficking," consisting of members from the Ministry of Justice, Ministry of Manpower, Ministry of Social Development, Ministry of Health, Ministry of Finance, Office of Public Prosecution, Royal Oman Police, and the Ministry of Legal Affairs. The committee would be responsible for, among other duties, setting up anti-trafficking outreach programs, establishing rehabilitation programs for victims, improving border control detection methods, and producing periodical reports on human trafficking culled from police, prosecution, MUSCAT 00000778 002 OF 002 and court reports. -------------- Technical Assistance Appreciated -------------- ¶6. (SBU) Humaid al-Maani, Director of the Office of the Secretary General, Ministry of Foreign Affairs, told Econoff SIPDIS during an August 6 meeting that the government appreciated the advice of Dr. Mohamed Mattar, Executive Director of the Protection Project at Johns Hopkins University, on the draft legislation. Maani stated that the committee is working to incorporate Mattar's suggestions in the draft law, which has been translated into English by the Embassy. The Omani government is also calling upon Dr. Mattar's assistance in developing a program for its first internal, two-day anti-TIP workshop scheduled for September. -------------- Moving Forward -------------- ¶7. (SBU) Comment: The drafting of an anti-TIP law and the creation of a national committee to direct anti-TIP initiatives represent solid first steps for the Omani government in meeting the targets established in the 60-day action plan. From this foundation, the government, through the committee, intends to move forward on meeting the objectives of the plan, including the development of public awareness campaigns, victim identification procedures, support service networks, training programs for law enforcement, and criminal prosecution techniques. The MFA reported to the Embassy that the government has already begun a public awareness program, featuring a radio call-in program addressing the problems of trafficking and the public's and the government's responsibilities. The Omanis consider this to be a priority, but will move to implement these measures at their own pace, rather than one dictated by the USG. Given the standard procedures for instituting laws in Oman, the Embassy estimates that the law may be enacted before the end of 2007. End Comment. GRAPPO