Identifier
Created
Classification
Origin
09AMMAN2254
2009-10-08 07:04:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Amman
Cable title:  

JORDAN: WIDE DISMAY OF "GARMENTS" INCLUSION ON

Tags:  PGOV PHUM KTIP KWMN ELAB JO 
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RR RUEHWEB

DE RUEHAM #2254/01 2810704
ZNR UUUUU ZZH
R 080704Z OCT 09
FM AMEMBASSY AMMAN
TO RUEHC/DEPT OF LABOR WASHDC
RUEHC/SECSTATE WASHDC 6077
INFO RUEHGB/AMEMBASSY BAGHDAD 6298
RUEHLB/AMEMBASSY BEIRUT 3106
RUEHEG/AMEMBASSY CAIRO 4153
RUEHLM/AMEMBASSY COLOMBO 0228
RUEHDM/AMEMBASSY DAMASCUS 4251
RUEHKA/AMEMBASSY DHAKA 0201
RUEHHI/AMEMBASSY HANOI 0003
RUEHJA/AMEMBASSY JAKARTA 0154
RUEHKT/AMEMBASSY KATHMANDU 0074
RUEHML/AMEMBASSY MANILA 0161
RUEHNE/AMEMBASSY NEW DELHI 0336
RUEHRH/AMEMBASSY RIYADH 2214
RUEHTV/AMEMBASSY TEL AVIV 1889
RUEHJM/AMCONSUL JERUSALEM 5664
UNCLAS AMMAN 002254 

SIPDIS
SENSITIVE

STATE FOR USTR ROMERO; LABOR FOR ILAB CASTRO

E.O. 12958: N/A
TAGS: PGOV PHUM KTIP KWMN ELAB JO
SUBJECT: JORDAN: WIDE DISMAY OF "GARMENTS" INCLUSION ON
TVPRA FORCED LABOR LIST

REF: A. AMMAN 2074

B. AMMAN 2073

C. AMMAN 856

D. AMMAN 459

E. AMMAN 429

F. AMMAN 242

G. AMMAN 230

H. 08 AMMAN 3388

I. 08 AMMAN 3171

J. 08 AMMAN 2822

K. 08 AMMAN 2600

L. 08 AMMAN 2206

M. 08 AMMAN 1063

UNCLAS AMMAN 002254

SIPDIS
SENSITIVE

STATE FOR USTR ROMERO; LABOR FOR ILAB CASTRO

E.O. 12958: N/A
TAGS: PGOV PHUM KTIP KWMN ELAB JO
SUBJECT: JORDAN: WIDE DISMAY OF "GARMENTS" INCLUSION ON
TVPRA FORCED LABOR LIST

REF: A. AMMAN 2074

B. AMMAN 2073

C. AMMAN 856

D. AMMAN 459

E. AMMAN 429

F. AMMAN 242

G. AMMAN 230

H. 08 AMMAN 3388

I. 08 AMMAN 3171

J. 08 AMMAN 2822

K. 08 AMMAN 2600

L. 08 AMMAN 2206

M. 08 AMMAN 1063


1. (SBU) Summary: Contacts strongly and quickly voiced dismay
and disapproval of "garments from Jordan" placement on the
Trafficking Victims Protection Reauthorization Act (TVPRA)
List of Goods Made with Forced Labor. There is near
unanimous agreement in Jordan that labeling the entire
garment sector in such a manner is inaccurate and not
helpful. Due to concerted reform efforts, government and
non-government contacts state that instances of forced labor
are limited to a few factories that often have ongoing
management problems or financial difficulties. Contacts
criticized the designation as it reprimands transparent
governments like Jordan while not doing the same for more
problematic countries, which make it difficult to ascertain
true labor conditions in the sector and, as such, limits
international attention to their problems. A local official
of the largest U.S. buyer, Jones NY, found the designation to
be a slap in the company's face as they take great pride in
their local partnerships to ensure labor rights and base
their purchasing decisions on such factors. Post believes
that the focus of labor engagement should shift to
legislative reform, such as the labor law, and the situation
of other vulnerable workers, including domestic workers and
Egyptian laborers. End Summary.

Vast Improvement Since 2006
--------------


2. (SBU) The designation of "garments from Jordan" under the
TVPRA List of Goods Made with Forced Labor was largely met
with disbelief and frustration. Government, civil society,
private sector, and international organization contacts
believe, and Post concurs, that it is currently unfair to
label the entire garment sector in such a manner. Most agree
that such a label might have been applicable in 2006 but
active government reform efforts, with assistance from

donors, and improved oversight by buyers has resulted in a
substantial and systemic reduction of forced labor in
Qualifying Industrial Zones (QIZs). Contacts again voiced
their dismay at the designation throughout the October 5-9
visit of a labor delegation comrpised of officials from USTR,
Department of Labor, and the Department of State.


3. (U) Contacts believe that instances of forced labor are
now limited to a handful of factories and is primarily the
result of poor management practices or financial difficulties
as opposed to systemic use of forced labor for workforce
enhancement. In 2009, there were reports of a few factories
unable to make prompt salary and overtime payments or holding
passports for long periods while attempting to renew work
permits. A few factories also reportedly held passports at
the request of employees though many factories refused to do
so. Allegations of abusive line supervisors were also made
in a few factories and the closure of a couple factories
resulted in some workers having to wait for receivership to
receive final compensation. Contacts widely agree that the
above does not add up to a forced labor designation for the
entire sector, especially considering the active work of the
government and others to address problems.

The Price of Being Open; Where is Egypt?
--------------


4. (SBU) One of the first questions asked by contacts was
whether Egypt or other countries in the region also appears
on the list for the same good. While the Ministry of Labor
(MOL) and other government officials can often be sensitive
to comparisons with neighboring countries, interlocutors
knowledgeable about the garment sector in both countries
assert that labor rights are better protected in Jordan.
Kesava Murali, a Jones NY corporate responsibility official
who works with factories in both countries, states that there
is a much higher percentage of forced labor conditions in
many other countries but believes that a relative lack of
transparency, unlike what he sees in Jordan, has meant a
limited spotlight on them, including Egypt. (Note: Some of
the interlocutors making the comparisons between Jordan and
Egypt are Jordanian, while a couple are not. For instance,
Murali is Sri Lankan. Embassy Amman is only reporting
viewpoints of contacts in Jordan and not commenting on forced
labor or labor rights inside Egypt. End Note)


5. (SBU) Interlocutors want NGOs, like the New York-based
National Labor Committee (NLC),to redirect their focus from
Jordan to less transparent countries, where it is needed
more. Lejo Sibbel, USAID-funded Adviser in the MOL, and Phil
Fishman, Director of the International Labor Organization's
(ILO) Jordan Better Work Program, separately told Poloffs
that placing countries like Jordan on such lists gives
governments very little incentive to work openly with
international and local NGOs and donors. Fishman, who has
worked in the sector in numerous countries, believes there
are many countries that should be placed on the list instead
of Jordan but are not because a relative lack of openness
diminishes the ability of outsiders to uncover true working
conditions. Fishman, Atef Al-Majali, Head of the Complaints
Unit at the National Center for Human Rights, and others
strongly state that Jordan should be commended for
investigating all allegations of forced labor no matter the
source and allowing open access to NGOs.

Is The Sector Worth It?
--------------


6. (SBU) Even before the forced labor designation, grumblings
within the MOL over whether the textile sector is even worth
pursuing or supporting could be heard. These grumblings have
reportedly increased since the designation. The Ministry of
Labor has felt pressure from all sides over the state of the
sector. Garment producers and the textile union have
criticized the government for not sufficiently supporting the
sector during the world economic slowdown and point to
governments like Egypt's, which reportedly provide free
utilities, rent concessions, and export rebates. Some
factories, in fact, have left for Egypt to take advantage of
these offers. The NLC continues to make public allegations
of forced labor, though now to a lesser degree. As the MOL
investigates and responds to each allegation and attempts to
address portions of an allegation found to be true, the NLC
continues to publish negative statements about Jordan. There
are also the criticisms and frustrations that relatively few
Jordanians continue to be employed by the sector. In short,
ministry officials wonder whether the significant work and
precious resources to support such a sector and address
employer labor violations are worth the relatively few
Jordanian jobs, estimated at 9,000, that it produces.

Slap in the Face of U.S. Buyers
--------------


7. (SBU) One U.S. buyer informed post that the forced labor
designation was an unnecessary slap in the face of social
conscience buyers that list the protection of labor rights

and government transparency as major reasons for buying from
Jordan. Murali states that a major reason for the continued
active presence of Jones NY in Jordan are the active steps
taken by the GOJ to improve labor rights, investigate and
resolve labor violations, and work openly with buyers. Such a
designation, he feels, gives the impression that Jones NY and
other buyers do not care about labor rights when, in fact,
the opposite is true. JC Penney is another example of a
company that recently praised Jordan for its protection of
labor rights and transparency stating those are strong
factors in its decisions of where to purchase.

Have We Not Done Enough?
--------------


8. (SBU) Contacts point to the significant number of
initiatives, mechanisms, and safeguards in place to prevent
forced labor and wonder what more could have been done.
Factory managers tell Post that they are inspected and
audited several times throughout the year. In fact, factory
owners spoke of "audit fatigue" when meeting with the USG
labor delegation on October 7. Inspections, which include
checking for signs of forced labor, are routinely conducted
by the GOJ's labor inspectorate on an unannounced and
scheduled basis and complete audits are regularly conducted
by buyers. The MOL also devised a Golden List whereby
companies are exempt from paying a hefty bank guarantee if
they abide by certain best practices regarding labor rights.
Factories participating in the ILO Better Work Program also
undergo a complete and comprehensive inspection (Note:
Fourteen factories, primarily the largest, currently
participate in the Better Work Program. End Note)
Additionally, the textile union, which actively represents
both foreign and Jordanian workers, maintains offices in the
QIZs and factories are open to source-country embassies and
NGOs like the National Center for Human Rights, especially
when there are any allegations of forced labor.


9. (SBU) Comment: Over the past three years, Jordan has made
a concerted effort to improve labor conditions in the QIZs
and combat forced labor. Local contacts report that such
efforts have resulted in a substantial decrease of forced
labor in the QIZs but understand more needs to be done to
improve labor rights; for instance, allowing foreign workers
to join unions. Our partners, however, did not welcome the
forced labor designation and believe that it could even make
their work more difficult. Nonetheless, they continue to see
Jordan as an open and willing partner. Despite the wide
criticism of the designation, Post will use the prospect of
removal from the list as a tool to push for further reform.
Post also believes that the focus of labor engagement must
shift to legislative reform, such as the labor law, and the
situation of other vulnerable workers, including domestic
workers and Egyptian laborers, while continuing to support
government efforts to continue to improve labor conditions in
the QIZs.End Comment.
Beecroft