Identifier
Created
Classification
Origin
08MUSCAT830
2008-12-03 14:13:00
CONFIDENTIAL
Embassy Muscat
Cable title:  

DETAILS ON OMAN'S NEW ANTI-TRAFFICKING LAW

Tags:  PHUM KTIP MU 
pdf how-to read a cable
VZCZCXRO7478
PP RUEHDE RUEHDIR
DE RUEHMS #0830/01 3381413
ZNY CCCCC ZZH
P 031413Z DEC 08
FM AMEMBASSY MUSCAT
TO RUEHC/SECSTATE WASHDC PRIORITY 0187
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE
C O N F I D E N T I A L SECTION 01 OF 02 MUSCAT 000830 

SIPDIS

STATE FOR NEA/ARP AND G/TIP

E.O. 12958: DECL: 12/03/2018
TAGS: PHUM KTIP MU
SUBJECT: DETAILS ON OMAN'S NEW ANTI-TRAFFICKING LAW

REF: A. MUSCAT 811

B. MUSCAT 759

Classified By: Ambassador Gary A. Grappo for Reasons 1.4 (b/d)

Summary
-------

C O N F I D E N T I A L SECTION 01 OF 02 MUSCAT 000830

SIPDIS

STATE FOR NEA/ARP AND G/TIP

E.O. 12958: DECL: 12/03/2018
TAGS: PHUM KTIP MU
SUBJECT: DETAILS ON OMAN'S NEW ANTI-TRAFFICKING LAW

REF: A. MUSCAT 811

B. MUSCAT 759

Classified By: Ambassador Gary A. Grappo for Reasons 1.4 (b/d)

Summary
--------------


1. (C) Oman's new anti-trafficking in persons (TIP) law
defines trafficking broadly, institutes significant penalties
for offenders, provides for care and protection for victims,
and establishes a National Committee to Combat Human
Trafficking led by a government minister. Shaikh Abdullah
al-Bakri, the Minister of Manpower, told the Ambassador that
the proper care of workers and the successful implementation
of the new anti-TIP law was an Omani "duty" since they were
personally supported by Sultan Qaboos. Omani government
officials have indicated that they will need on-going help
and support to properly implement the law, although
continuing sensitivities about TIP will necessitate a
cautious approach in offering this assistance. End Summary.

Definition of Trafficking
--------------


2. (U) After issuing Royal Decree 126/2008 on November 23
promulgating the "Law Combating Human Trafficking" (ref A),
the full text of the law was published in Oman's Official
Gazette on December 2. (Note: A complete translated copy of
the law will be sent by e-mail to the G/TIP office and to the
Oman desk at State. End Note.) In a broad legal definition,
the legislation specifies as trafficking any effort to
"recruit, transport, harbor, or receive a person by
instruments of coercion, threat, deceit, blackmail or misuse
of power, influence, or use of an authority on that
individual, or by any other illegal instruments, either
directly or indirectly, or to recruit, transport, harbor, or
receive a child (defined as below 18 years of age) even
without using the instruments cited above." The law further
states that the consent of the victim shall not be a
determining factor if any of the trafficking methods detailed
above are used, if the victim was a child, or if there are
any circumstances preventing a determination of free choice.

Penalties for Trafficking
--------------


3. (U) The penalty for trafficking under the law is
imprisonment for a minimum term of three years and a maximum
term of seven years, as well as a monetary fine between 5,000
OR (Omani rials) (US$13,000) and 100,000 OR (US$260,000).

These penalties increase to seven to 15 years in prison, and
10,000 OR (US$26,000) to 100,000 OR (US$260,000) in fines, if
any of the following apply: the crime involved a child or a
person with special needs, the perpetrator carried a weapon,
the crime was committed by more than one person, the
perpetrator was related to the victim, the crime was
committed by a criminal gang, the perpetrator was a public
sector employee, the crime was transnational, or the victim
suffered any permanent psychological or physical illness or
injury. The law specifically states that no ruling may be
made to stay a punishment or to provide a sentence less than
the mandatory minimum.


4. (U) The law also criminalizes the failure to report TIP,
the provision of assistance to perpetrators of TIP, and the
threatening or bribing of potential witnesses in a
trafficking case. Attempts to commit a trafficking crime are
punishable in the same way as the completed crime.

Provisions for Victims
--------------


5. (U) The new law states that TIP victims must have their
rights explained in a way that is understandable to them and
be allowed to explain their situations to authorities.
Victims, if needed, should be taken to the appropriate
medical, psychological or shelter facilities. Victims or
witnesses are also entitled to security protection and (if an
expatriate) may be permitted to stay in Oman on a
case-by-case basis. The law further states that victims
shall be exempt from paying fees associated with a civil
lawsuit if they file to claim compensation for damages.

National Committee to Combat Human Trafficking
-------------- -


6. (C) The law declares that the "National Committee for
Combating Trafficking in Persons" will be established by a
government cabinet decision and will be under the
chairmanship of a minister. The law does not establish the

MUSCAT 00000830 002 OF 002


membership of the committee. However, the new Minister of
Manpower, Shaikh Abdullah al-Bakri, told the Ambassador in a
December 2 meeting that committee membership should be
announced in less than a month and predicted that the first
meeting of the committee would take place after the Eid
al-Adha. The Minister confided that the committee would be
made up of members at the director-general or, as he
preferred, the undersecretary level from a variety of
ministries. According to al-Bakri, the ministries
represented would likely include Manpower, Social
Development, Justice, and others with the Ministry of Foreign
Affairs chairing the committee. The Royal Oman Police would
also have a seat.


7. (U) As provided by the law, the committee will: draft an
action plan; coordinate with all concerned Omani authorities
and relevant international organizations; establish a
database of international legislation, studies and methods of
trafficking; set-up systems for the care and rehabilitation
of victims; conduct relevant studies and research; carry out
media campaigns; propose rules and regulations to enhance
border control; organize and conduct training for those
involved in enforcing the law; draft periodic reports on
trafficking; and suggest amendments to the law or any other
relevant laws as needed.

Training Needed
--------------


8. (C) Al-Bakri praised his ministry's recent interactions
with the International Labor Organization (ILO) and
highlighted anti-TIP training that ILO instructors had
conducted for new labor inspectors (ref B). (Note: The ILO
program in Oman is USG-funded through the Middle East
Partnership Initiative. End Note.) He acknowledged that
Oman would benefit from on-going support from the U.S. and
others with experience in this area. In a December 1 meeting
with poloff, Ahmed al-Khusaibi, the Director of Training for
the Public Prosecution Office, admitted to needing outside
training for his organization's staff in order to adequately
implement the new anti-TIP law. Although he was eager to
schedule a workshop with U.S. support for early 2009 to train
prosecutors in investigative methods and other techniques to
fight labor abuses including TIP, he said that it could not
be called "anti-trafficking" training, as this term and topic
were too "sensitive." He said that a stated focus on the
implementation of labor law would be more amenable to
officials involved with the proposed workshop.

Comment
--------------


9. (C) The new law as adopted is almost the same as an
earlier draft that won approval from the USG-funded
international expert that worked with Oman on the
legislation. Accordingly, it has the necessary elements for
a comprehensive approach to combating human trafficking in
Oman and should meet international standards. The law
reflects the government's desire to maintain a positive image
on the international stage and finally acknowledges the
government's need to effectively address trafficking in the
Sultanate. Significant work will need to be done, however,
to implement the law. Based on conversations with Omani
officials, it appears this work will take place in a very
deliberate and measured manner. Assistance from the USG,
such as support for public prosecution training, could play a
very useful role as Oman moves forward against TIP, although
the continued sensitivity of this issue will require a deft
touch. End Comment.
GRAPPO