EMBASSY MUSCAT NOMINATION FOR 2008 AWARD FOR

UNCLAS MUSCAT 000325

SIPDIS

SIPDIS

DEPARTMENT FOR DRL/ILCSR

E.O. 12958: N/A
TAGS: APER AMGT ELAB PHUM MU
SUBJECT: EMBASSY MUSCAT NOMINATION FOR 2008 AWARD FOR
EXCELLENCE IN LABOR DIPLOMACY

REF: A. STATE 27854

B. MUSCAT 138

C. 07 MUSCAT 531

D. 07 MUSCAT 473

E. 07 MUSCAT 365


1. Following up on his outstanding performance on labor
issues the previous year (ref D),Labor/Human Rights Officer
Andy Lentz has continued to significantly advance U.S.
foreign policy interests in the labor field. As Oman's
nascent independent labor unions (legalized in 2006) slowly
develop into a positive force for social change, Andy's
accomplishments as described below come at a critical time
and will have lasting, beneficial results.


2. As a result of negotiations to conclude the U.S.-Oman
Free Trade Agreement, the Omani government enacted sweeping
labor reforms in 2006 that hold the promise of transforming
the nature of labor relations in Oman and improving the
rights of workers, both foreign and Omani. These reforms may
also serve as a positive model for change in the entire
Middle East region. To be effective, however, they must be
fully enforceable in the Omani legal system. After
identifying that many judges lacked the expertise and
experience to properly interpret and apply Oman's new labor
law, Andy took action. After proposing a judicial training
workshop on labor issues in a 2007 cable on labor programming
priorities, Andy secured approval to use Middle East
Partnership Initiative (MEPI) funds, identified a program
implementer (the American Bar Association),and then worked
with the ABA to design a two-day course focusing on the most
important legal points for the judges. Tellingly, one of the
judges remarked that it was the first time that he and his
colleagues had the opportunity to discuss the new labor law
with Oman's Ministry of Manpower.


3. To follow-up on and reinforce the judicial training he
made happen, Andy hit upon a tool that will have lasting
impact in Oman courtrooms: a U.S.-style "benchbook." Upon
hearing from lawyers and businesses that judicial decisions
on labor issues often appeared inconsistent, coupled with
candid admissions from judges that they needed a reference
tool to help them better understand the law, Andy discussed
options with the local ABA representatives to address this
problem. Together they agreed on an innovative solution -- a
benchbook modeled after those used in some U.S. courts that
contains relevant statutes, commentaries on the laws, and
previous court decisions interpreting key provisions. The
benchbook is currently under development and promises to
change the way judges rule on labor cases.


4. With unions in Oman still in their infancy,
communications between businesses and organized labor is
tenuous at best in many industries. Some companies still
view unions as unwelcome threats to their operations, while
labor leaders have few examples to follow in dealing with
management. In some instances, this lack of dialogue has led
to major misunderstandings. To help management-labor
relations move ahead, Andy worked with the Public Affairs
Section to pool scarce resources and organize a series of
small roundtable discussions for business leaders (including
CEOs of major corporations) and labor representatives from
company-level unions and the General Federation of Oman's
Laborers. Andy also brought in U.S. speakers to discuss
specific topics such as union elections, as well as address
general labor concerns. Many participants said the sessions
provided them with their first chance to speak substantively
with each other. At one roundtable, the CEO of an employers'
association for oil and gas companies (OPAL) invited the
chairman of the General Federation to jointly develop a
template for communication and training.


5. Andy's hard work has already resulted in concrete
results. Many of the roundtable participants, for example,
have held meetings with their colleagues to share what they
learned on complying with Oman's labor reforms. After
consultations with Andy, the CEO of OPAL designed and
organized a training program on "win-win" negotiating for
Human Resources executives in oil and gas service companies,
to which he also invited labor union representatives. The
CEO also invited the labor expert from the judicial training
program and one of Andy's roundtables to lead the sessions.


6. Despite these major successes, Andy is still advocating
for more labor programming. Thanks to his extensive
reporting on labor needs and opportunities for advancing U.S.
labor policy, he helped secure a $500,000 MEPI grant for the
Solidarity Center to begin operations and establish an office
in Oman. The technical assistance provided by the Solidarity
Center will represent a major investment in the development
of labor unions in Oman.



7. Andy's reporting on labor-related issues is consistently
first-rate. His cables also accurately explain and analyze
labor trends in Oman. Moreover, the deep, meaningful
relationships that Andy has developed with contacts in labor,
business and government due to his work (and his outstanding
interpersonal skills) have put him right in the middle of
events as they unfold, thereby increasing the value of his
reporting. When a major strike occurred at the Omani port of
Salalah - one of the world's busiest transshipment hubs -
Andy's contacts enabled him to follow the work stoppage (the
biggest in Oman in many years),which showed signs of
developing into a major confrontation, and to make
recommendations for action based on his analysis (refs C, D).
Andy's contacts and extensive research also enabled him to
write a landmark cable on a socially taboo subject -
prostitution in Oman (ref B). By digging down into the
underbelly of Omani society and utilizing his many sources of
information, Andy shed light on a growing problem and tied it
to the overall labor picture and trafficking. As Oman
develops into an increasingly important center for business
and tourism, his work on this subject will take on even
greater importance.


8. Outside his work on labor relations, Andy has been
tireless in his efforts to help improve the situation of
exploited, and possibly trafficked, workers in Oman. For
example, realizing that the U.S. government practices must
reflect its labor policy goals, Andy looked around the
Embassy and saw a problem. Low-skilled laborers working at
the Embassy as employees of a service contract company were
working long hours for very low, exploitative wages. Andy
quickly alerted the Front Office, which fully backed his call
for action. He then wrote a cable to Washington on the
situation and recommended a series of options to make sure
these workers were paid a fair wage. The cable, and
follow-up communications with the State Department by both
Andy and the Ambassador, highlighted a similar problem
elsewhere in the Arabian Gulf region and resulted in a review
of NEA bureau policies that could catalyze a change in
contracting policies.


9. Andy also identified a problem with South Asian maids
resident in the neighboring United Arab Emirates (UAE),many
of whom had been abused, being effectively forced to accept
exploitative employment in Oman. After thoroughly
researching the problem, he wrote two separate reports that
included the names of labor recruitment agencies accused of
facilitating this cross-border trade. G/TIP took notice of
Andy's cables and backed his call for a global response by
directing U.S. embassies in relevant countries to encourage
governments to crack down on these suspect agencies.


10. Given Andy's accomplishments outlined above,
particularly since he covers non-labor issues in his diverse
portfolio, Ambassador Grappo and Embassy Muscat strongly
recommend Andy Lentz for the 2008 Award for Excellence in
Labor Diplomacy. He truly personifies the work of the
Department in transforming labor practices and policies in
countries in accordance with U.S. national interests.


11. Proposed Award Citation: For sustained reporting
excellence in labor matters and outstanding contributions and
support for the development of labor organizations, the
protection of workers' rights, the elimination of
trafficking-in-persons, and the strengthening of
labor-business relations in Oman.
GRAPPO