JORDAN: INPUT FOR THE NINTH ANNUAL TRAFFICKING IN

UNCLAS AMMAN 000459 SIPDIS SENSITIVE STATE FOR G/TIP, G-ACBLANK, INL, DRL, PRM, AND NEA/RA E.O. 12958: N/A TAGS: ASEC ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG KTIP SUBJECT: JORDAN: INPUT FOR THE NINTH ANNUAL TRAFFICKING IN PERSONS REPORT REF: A. STATE 132759 ¶B. AMMAN 242 ¶C. AMMAN 230 ¶D. 08 AMMAN 3388 ¶E. 08 AMMAN 3171 ¶F. 08 AMMAN 2822 ¶G. 08 AMMAN 2671 ¶H. 08 AMMAN 2600 ¶I. 08 AMMAN 1859 ¶1. (SBU) Summary: During the past year, Jordan demonstrated a strong commitment to and made steady progress on measures to combat trafficking-in-persons (TIP). Progress includes the passage of a comprehensive anti-TIP law, an increase in forced labor cases being investigated and sent forward for prosecution, the approval of a joint labor inspector and police TIP investigation unit, the further strengthening of the labor inspectorate, the creation of a Humanitarian and Legal Assistance Fund for victims, and the placement of agriculture and domestic workers under the Labor Law. Government of Jordan (GOJ) initiatives have already had some impact. For instance, a U.S. Customs and Border Patrol Jump Team found no evidence of forced labor conditions during visits to 25 QIZ factories from January 27 - February 4. ¶2. (SBU) To build on the achievements of the past year, Post will work with the GOJ to focus attention on next steps. Adequate implementation of the new anti-TIP law will require the further development of TIP investigation capabilities and the training of judicial authorities, most of whom, are not familiar with the concept of TIP or how to criminally prosecute such cases. Other priority measures include the establishment of a shelter and victim services, development of formal victim identification procedures, raising awareness of trafficking, and completion of domestic worker and recruitment agency regulations. Post is exploring technical assistance avenues to assist the GOJ with these measures, including training of judges and prosecutors, and has developed plans to increase awareness of trafficking. End Summary Jordan's TIP Situation -------------- ¶3. (SBU) The following information is keyed to questions in reftel A with parenthetical references corresponding to reftel A paragraph and subheading: ¶4. (U) (23/A) The GOJ, including the Ministry of Justice (MOJ),Ministry of Labor (MOL),and Public Security Department (PSD),does not keep readily accessible records of ;anti-trafficking investigations, prosecutions, or convictions. TIP cases are not delineated from overall criminal figures, making it difficult to obtain statistics. The MOL, MOJ, PSD, and other governmental bodies, however, are increasing efforts to understand and fight trafficking more effectively. These ministries readily share available information and are eager to cooperate. The government-funded National Center for Human Rights (NCHR) is actively involved in labor issues pertaining to foreign domestic workers (FDWs) and migrant factory workers and is a key source of information, as are a handful of international and local NGOs working on the issue. ¶5. (U) (23/B&C) Women from South Asia and South East Asia, primarily Sri Lanka, Indonesia, and the Philippines, are recruited to work Jordan for the purpose of domestic labor. At the end of November 2008, 47,617 FDWs were registered with the MOL. FDWs continue to experience abuses such as unpaid wages, sexual assault and harassment, withholding of passports, verbal abuse, and other forms of mistreatment. At the end of 2008, officials reported housing more than 200 runaway workers at the Philippine embassy, around 300 at the Indonesian one, and almost 100 at the Sri Lankan mission. According to these embassies, the vast majority of the runaways fled some form of forced labor. According to a UNIFEM and Friends of Women's Workers study published in 2007, approximately 100 Sri Lankan women and 90 Filipinos run away each month, while 6 to 8 runaways seek refuge at the Indonesian Embassy each day. Diplomats from these countries corroborated the study's findings and continue to report similar numbers of runaways and trafficking victims. ¶6. (U) (23/B&C) Men and women from South Asia and South East Asia are recruited to work in Jordan in the textile industry. These individuals work primarily in garment factories within the Qualifying Industrial Zones (QIZs). (Note: In 1996, Congress authorized the President to designate areas, known as QIZs, from which Egypt and Jordan can export products to the U.S. duty-free, as long as these products contain inputs from Israel and a combination of input from the QIZ, Jordan, the West/Bank Gaza, and the U.S. End Note) As of November 30, 2008, the MOL reported 32,688 registered migrant workers working in 90 factories within the QIZs. There do not appear to be organized trafficking networks operating between Jordan and the home countries of migrant garment workers; however, factory workers have experienced conditions, which could be considered forced labor, such as delayed or unpaid wages and overtime, withholding of passports, and, in a few cases, verbal and physical abuse. Governmental and non-governmental organizations reported continued improvements in these areas due to enhanced labor inspection capacity and other GOJ measures. ¶7. (U) (23/B) To a much lesser degree, Jordan may be a transit destination for trafficked men and women from South and South East Asia. Some contacts stated that women may transit Jordan en route to other Middle East countries, such as Syria, Egypt, or Iraq for the purpose of labor exploitation but little information exists on this practice. No Jordanians appear to be complicit in the trafficking of these women. The women reportedly possess valid transit visas and only enter Jordan's airports due to the routing of flights from the source to the destination countries. There were prior year reports of men brought to Jordan with the promise of employment within the country, only to be trafficked into Iraq. GOJ and NGO contacts did not have evidence of this occurring during reporting period. 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. Please see paragraph 57 for more information on transit visa regulations. ¶8. (U) (23/B) NGO and police contacts reported that a few women from eastern European and northern Africa also enter Jordan for illicit purposes, but there is very little information available on the extent of any coercion, force, or fraud. ¶9. (U) (23/D) Forced labor in Jordan is primarily limited to FDWs and, to a lesser and decreasing extent, factory workers in the QIZs. FDWs are particularly vulnerable to trafficking as they live and work in private homes and, according to activists, these unskilled foreign women are often viewed in society as third class citizens. ¶10. (U) (23/E) Exploitation of FDWs begins with the recruiting agencies in source countries but continues with some receiving agencies in Jordan and with some Jordanian employers according to a range of contacts that follow or work on the issue. Some source country agencies exaggerate the FDWs' qualifications and issue illegal contracts or do not explain contract terms and work requirements properly. 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 different skill set. When the employer complains and demands that the agency take the FDW back, many agencies reportedly will simply find another unsuspecting employer. The MOL has issued regulations prohibiting the transfer of workers from one sponsor to another under any circumstances, and Dr. Ahmed Al-Habahbeh, President of the Recruitment Agency Association (RAA),has stated that agencies no longer transfer workers in this manner. Some governmental officials and nongovernment observers, however, disagree and state the practice is still common because agencies make large profits by shuffling FDWs, charging each new employer the full cost of importing the worker. ¶11. (U) (23/E) The MOL has drafted new regulations for recruitment agencies that will build on the existing regulations mentioned below and will allow for greater monitoring and enforcement of recruitment agency practices and the ability for labor inspectors to enter a home with court order, if permission is not given. The draft regulations also place far greater requirements on agency owners in order to operate, including a minimum of six employees, 120 square feet of office space, 100,000 JD (vice the current 50,000 JD) bank guarantee, 30,000 JD capital requirement, and the manager must hold a university degree. The MOL states that all these requirements are necessary for a legitimate recruitment agency to function properly and state that small, difficult to regulate agencies will be forced to close. In fact, Al-Habahbeh believes that only 10 of 96 current agencies can meet these requirements. As of February 13, the regulations have been sent to Cabinet for approval. ¶12. (U) (23/E) The current MOL regulations governing the recruitment of FDWs include: - Work permit fees must be paid for the worker before s/he arrives; - Worker must be accompanied by his/her original sponsor as soon as the worker enters the country; - Employers must pay the recruiting agency 10 percent of the total value of the contract's first year wages agreed upon by the sponsor and worker. The initial contract must not exceed 24 months. If employer and employee agree on renewing the contract for another year, the agency must be paid two percent 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; and, - The employer must prove sufficient income to adequately cover the workers salary. ¶13. (U) (23/E) When exploitation takes place among QIZ workers, factory managers or production line supervisors in Jordan generally bear the most responsibility based on complaints and governmental and nongovernmental investigations. Some QIZ workers alleged that managers withheld their passports, delayed wages, delayed or did not fully pay for overtime and, in a few cases, verbally and physically abused employees. Additionally, some factories hire directly from source country recruitment agencies. In some of these cases, QIZ workers reported being issued contracts not representative of their actual employment or benefits or that full terms of their contract were not fully explained or understood. ¶14. (U) (23/E) During the reporting period, allegations of labor violations in the QIZs decreased substantially from the previous year due to more rigorous MOL inspections, increased awareness, and improvements in factory working conditions. In fact, a U.S. Customs and Border Patrol Jump Team visited 25 QIZ factories from January 27 - February 4 and found no evidence of forced labor conditions at any of the offices. The MOL operates 23 labor offices, of which 21 have an inspection function. In 2009, MOL plans to create seven to nine regional centers with 10 to 30 inspectors who will cover a particular area with the goal to provide a critical inspection mass and strengthen management capacity. The MOL also hired 60 new inspectors in 2008, making a total inspection force of 140. There are plans to hire an additional 25 inspectors in 2009. Setting the Scene: GOJ Anti-TIP Efforts -------------- ¶15. (U) (24/A) The GOJ publically acknowledges that trafficking is a problem and undertook several significant measures to fight trafficking during the reporting period, including passage of the anti-TIP law, increase in cases being investigated and forwarded for prosecution, approval of a joint labor inspector and police TIP investigation unit, further strengthening of the labor inspectorate, creation of a Humanitarian and Legal Assistance Fund for victims, and placement of agriculture and domestic workers under the Labor Law. ¶16. (U) (24/B) Inter-ministerial TIP coordination improved over the past year and is expected to be further strengthened with the establishment of a National Committee for the Prevention of Human Trafficking (national committee) as dictated in the new anti-TIP Law endorsed by the Lower House of Parliament in January and by the Upper House of Parliament on February 4 (and discussed below). The national committee is to be chaired by the Minister of Justice and include representatives of the MOL, PSD, Ministry of Interior (MOI), National Center for Human Rights (NCHR),National Council for Family Affairs (NCFA),Ministry of Foreign Affairs (MFA), Ministry of Social Development (MOSD),Ministry of Industry and Trade (MOIT),and Ministry of Health (MOH). The national committee will replace the ministerial-level committee formed in September 2008 (ref E),chaired by the Minister of Interior. (Note: A working-level inter-ministerial committee, led by MOL, preceded the ministerial committee. End Note). The MOL contin ues to be a lead agency on a number of initiatives including by-laws governing domestic workers under the labor law, recruitment agency regulations, and enhancing labor inspections and enforcement. The PSD and MOL are also cooperating on the formation of a joint TIP investigation unit (para 18). ¶17. (U) (24/B) The MOL maintains a directorate for foreign domestic workers. This office's mission is to control and monitor all FDW issues, including licensing of recruiting agencies and investigating reports of abuse. The directorate also operates a hotline that received and resolved complaints throughout the year. The directorate's mission is not being fully met, primarily due to capacity constraints according to local civil society organizations; however, the local NGO, Friends of Women Workers, with a grant from UNIFEM has trained directorate staff on human rights laws and conventions and plans to provide needed equipment and a consultant to further build capacity. ¶18. (U) (24/C) The GOJ continues to face financial and human resource constraints on its ability to introduce and implement anti-trafficking efforts, such as awareness raising, investigation and prosecution capacity, and assistance to victims according to both governmental and nongovernmental officials. Additionally, Jordan's society traditionally tends to prefer to resolve domestic issues within the family. The most egregious of the abuses that some FDWs workers suffer - physical and sexual assault - are crimes that often go unreported according to activists and nongovernmental organizations dealing with women's rights and/or domestic workers. Factors such as language and cultural barriers also hamper the reporting of these crimes. ¶19. (U) (24/D) The GOJ currently does not have a systematic methodology or mechanism of monitoring and reporting on its anti-trafficking efforts, although ongoing efforts are expected to address this issue and improve coordination and information sharing between government agencies. The national committee mandated in the new anti-TIP Law is tasked with coordinating all official and nonofficial parties working to prevent trafficking. Additionally, a TIP investigation unit, covering both factory and domestic workers, has been approved. This unit will marry the investigation capabilities of both labor inspectors and the police. The unit is designed to increase the number of cases going to court and will allow for the better monitoring of investigation and prosecution efforts. MOL and PSD staff just completed a training trip to Italy to learn from their joint Carabinieri-inspector force, and Canada has pledged funding, through the ILO, to support the unit's establishment. Investigation and Prosecution of Traffickers -------------- ¶20. (U) (25/A) An anti-TIP Law was endorsed by the Lower House of Parliament on January 25 and by the Upper House on February 4. The law is moving forward for the King's signature and would go into full effect 90 days after publication in Jordan's official gazette. The law covers sexual exploitation, forced labor, slavery, and other trafficking practices. "Crimes of TIP" are defined in the law as the recruitment, transportation, and harboring of individual(s) by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, or abuse of power for the purpose of exploitation. In addition to defining punishments, the law establishes the national committee (to replace a current inter-Ministerial committee), provides for legal protection of victims, and states that one or more shelters may be created based on the committee's recommendation. ¶21. (U) (25/A) The new anti-TIP law stipulates a punishment of up to ten years in prison with hard labor for the follow offenses: - If the person trafficked is under 18 years of age; - If the person has established, organized, or managed an organized criminal group for human trafficking; - If the victims include females or persons with disabilities; - If the crime involves exploitation in prostitution, any other form of sexual exploitation, or organ removal; - If the act is committed by threat or use of a weapon; - If the crime causes the victim to suffer chronic incurable disease; - If the person is a relative of the victim; - If the person is a public official and committed the by abusing his/her office; - If the crime is transnational in nature. ¶22. (U) (25/A) Other human trafficking crimes receive a punishment of at least six months and/or a fine of not less than $1,400 (1,000 JD) and not more than $7,000 (5,000 JD). The law also stipulates a minimum sentence of six months for any person who knew about the crime by virtue of his/her job and did not notify officials. Any person who hid or disposed of evidence shall be imprisoned for no more than on one year or receive a fine of not less than $280 (200 JD) and not more than $1,400 (1,000 JD). The national committee is also given the authority to close businesses for human trafficking crimes and confiscate related profits. The law does not prevent the application of stiffer penalties in trafficking cases. ¶23. (U) (25/A) In July 2008, the labor law was amended to include domestic and agricultural workers. As a result, Jordan essentially has a single Labor Law for all people regardless of nationality or type of work. The MOL has drafted the by-laws for domestic workers that would codify specific standards, such as wages, work contract norms, rest periods, and working hours. At the beginning of February, the MOL was consulting with women civil society organizations before seeking cabinet's approval. Fines for failure to comply with the Labor Law were also increased from $140 - $700 (100-500 JD) to $420 - $700 (300-500 JD). If an employer forces, threatens or coerces someone to work (including withholding their passports),the offender faces a fine of $700 - $1,400 (JD 500-1000). Anyone peripherally involved in the case can also be punished under the same law. If the offender repeats the violations, fines are doubled. ¶24. (U) (25/A) In addition to the anti-TIP law and labor law, other legislation can be invoked to prosecute and punish trafficking and related crimes. 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 $700-$1,400 (500-1000 JD). A range of penal code articles, such as those pertaining to murder, rape, sexual assault, kidnapping, can also be used to prosecute offenders depending on the circumstance of the case. ¶25. (U) (25/B) The anti-TIP law covers sex trafficking. Please see paragraphs 20 and 21 for penalties under this law. ¶26. (U) (25/C) The anti-TIP law covers forced labor as well as labor recruiters and agents, who commit trafficking offenses. Please see paragraphs 20 and 21 for penalties under this law. As mentioned in paras 22 and 23, criminal penalties also exist in the Labor Law and Passport Law regarding confiscation of travel documents. ¶27. (U) (25/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 or older is not less than ten years imprisonment with hard labor. ¶28. (U) (25/E) The GOJ, including the MOJ, MOL, and PSD, does not currently produce or maintain statistics on trafficking investigations, prosecutions, and convictions. Officials from the relevant bodies have indicated that this may change, though, with the passage of the new anti-TIP law. The PSD, for instance, reported the investigation of cases involving the sexual abuse of migrant workers, although these cases are calculated in overall sex crime numbers and not delineated. ¶29. (U) (25/E) Regardless of the lack of overall statistics, the GOJ took active steps during the reporting period to investigate and prosecute trafficking-related cases. A working-level inter-ministerial committee, led by the MOL, investigated 19 trafficking cases involving both domestic and QIZ workers. The MOL reported that, of February 1, ten cases were with various judicial authorities for prosecution and nine cases were resolved administratively without prosecution. The MOL is also forming a joint committee with the Filipino Embassy to review, on a case-by-case basis, the situation of 162 workers after the Filipino Ambassador asked for MOL assistance to repatriate them. MOL representatives state that this review could result in new prosecutions. ¶30. (U) (25/E) The PSD increased its TIP investigation capability by creating a Human Trafficking Office as part of their Prostitution Unit. In late 2008, the office investigated the forced prostitution of two Tunisian women and detained the trafficker. The PSD also actively participated with the MOL in planning for the TIP inspection unit. ¶31. (U) (25/E) The MOL continued to strengthen its investigation and punishment of labor abuses in QIZs through enhanced inspection capacity. In 2008, MOL inspectors conducted 2,334 visits of QIZ factories and, in the process, issued 1,651 fines for various labor violations. The MOL, with assistance from the Better Work Program (para 34),plans to computerize inspectorate records, which will enable the provision of statistics based on the type of violation. The MOL also closed two factories in 2008 for labor violations and ensured that workers were either transferred to another factory or repatriated depending on the wish of the worker. The "Cotton Craft" factory in Al-Tajamouat QIZ and the "Concord" factory in Cyber City Industrial Park were closed after repeated violations, including non-payment of wages, non-payment of overtime, physical abuse, and holding of travel documents. ¶32. (U) (25/E) The MOL also investigated and punished recruitment agencies for labor violations. In 2008, the MOL closed seven recruitment agencies and warned another ten about violations, including not following regulations or legal procedures, not paying workers, and hiring out sick or unqualified workers. The MOL also temporarily suspended recruitment agency operations on 74 different occasions, ranging from days to weeks. ¶33. (U) (25/E) Additionally, 75 municipal employees in Karak were charged on October 9, 2008, with abuse of position, negligence, complicity in theft, and forging administrative stamps after numerous migrant domestic workers were found not to have appropriate work permits. ¶34. (U) (25/F) Government officials receive specialized training on how to recognize and investigate instances of trafficking throughout the year. Anti-trafficking training is a part of the police academy's law enforcement curriculum and the training program for labor inspectors. (Note: The inspector training was developed with the ILO through USG funding. End Note) In June 2008, two individuals went on the Department of State-sponsored International Visitor Program for TIP: Dr. Amin Wreidat, Head of the MOL's Labor Inspectorate Division, and Atef Majali from the National Center on Human Rights. ¶35. (U) (25/F) The GOJ, ILO, and IFC launched the Better Work Jordan in February 2008 to improve labor compliance in Jordan's QIZs, provide training to factory managers and workers, and strengthen the existing tripartite dialogue. A component of the program will develop procedures to improve the inspectorate's efforts to combat trafficking identified by the project. USAID is contributing $2.7 million over five years to the project. ¶36. (SBU) (25/G) Despite MOUs with source countries, no formal cooperation with other governments in the investigation and prosecution of trafficking cases was reported, except for the recent cooperation with the Filipino embassy to review cases of 162 FDWs. Many of the exploited FDWs do not feel comfortable turning to Jordanian authorities and instead report the abuses to their embassies, according to embassy officials and activists. The embassies subsequently dealt with each FDW on a case-by-case basis. Source country embassy representatives admit they advise FDWs not to pursue lengthy and costly trials but instead help them find new employment or be repatriated. A wide range of public and private interlocutors often raise accusations that foreign source country diplomats profited by brokering jobs for workers seeking refuge at their embassies or by owning shares in the factories operating in the QIZs. ¶37. (U) (25/H) Jordan does not have an extradition treaty with the Philippines, Sri Lanka, Indonesia, Nepal, China, India, Bangladesh, or the U.S. ¶38. (U) (25/I) No evidence exists of government involvement in, or tolerance of, trafficking. ¶39. (U) (25/J) Not Applicable ¶40. (U) (25/K) Prostitution is illegal. All involved parties - prostitute, brothel owner, client, and procurer - are subject to prosecution for engaging in or supporting prostitution. An anti-prostitution office in the PSD is tasked with investigating and enforcing this aspect of the law. ¶41. (U) (25/L) Jordan provides substantial numbers of armed forces and police officers to peacekeeping efforts worldwide. There are no reported allegations by governmental or nongovernmental authorities that Jordanian forces take part in trafficking activities during the course of their assignments. ¶42. (U) (25/M) No evidence exists of child sex tourism in Jordan according to governmental and nongovernmental officials. Protection and Assistance to Victims -------------- ¶43. (U) (26/A) Under MOL regulations, migrant workers cannot change employers without approval; however, the MOL and MOI showed flexibility in allowing abused workers to change employers or return home. Victims who wished to return to their country of origin applied through either the MOL or the NCHR for waiver of overstay fines from the MOI. ¶44. (U) (26/B) The government does not currently maintain shelters for victims of trafficking; however, Article 7 of the new anti-TIP law states that one or more shelters may be established based on a recommendation by the national committee. In 2008, the MOSD-funded shelter for abused women, Dar Al Wafaq, housed approximately 10 sexually assaulted FDWs after referral by the PSD's Family Protection Department (FPD). In addition, the Jordanian Women's Union, which also runs a domestic violence shelter, allowed some FDWs to stay temporarily. The Indonesian, Filipino, and Sri Lankan embassies maintained basic shelter facilities for runaway FDWs. At the end of January, the Filipino embassy reportedly was housing over 200 FDWs, the Indonesian approximately 300, and the Sri Lankan nearly 100. Local activists, including one that visits domestic workers in jail and works for the release, state that the government has placed some sexual assault victims in "protective custody" in correctional facilities to protect them from their previous employer. ¶45. (U) (26/C) The FPD, with Dar Al-Wafaq, has provided psychological and medical services to a handful of sexually abused FDWs. The MOL created a Humanitarian and Legal Assistance Fund in July 2008 to help ensure trafficked victims receive needed assistance (para 65). The NCHR, which receives a block grant from the GOJ, provides legal and other services to FDW and QIZ workers. For instance, NCHR helps victims gain receipt of confiscated documents and payment of unpaid wages. The GOJ 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. ¶46. (U) (26/D) The GOJ showed flexibility in allowing trafficking victims, many of whom seek refuge at their country's embassy, to remain in-country by changing employers or return home. Employers, however, often report runaways to the PSD, which sometimes results in the issuance of a deportation order. Despite the MOI waiving overstay fines for many abused workers, those workers who are accused by their employers of wrongdoing and are unable to pay their overstay fines may be imprisoned until their fines are paid or arrangements are made for repatriation. ¶47. (U) (26/E) The GOJ currently does not operate a long-term shelter for victims of trafficking; however, Article 7 of the anti-TIP law states that one or more shelters may be established. ¶48. (U) (26/F) Sexually assaulted FDWs are occasionally referred to the FPD by other government authorities. The FPD's trained personnel are able to interview the FDW, obtain forensic evidence, and provide social services. The FPD can then refer the FDW to Dar al Wafaq, who housed approximately 10 FDWs during 2008. The FPD and Dar al Wafaq do not assist physically or verbally abused FDWS. There is no other official referral process. ¶49. (U) (26/G) The GOJ does not calculate or maintain statistics related to the number of trafficking victims. The MOL, NCHR, and textile union each receive labor complaints from QIZ workers but not all complaints received are forced labor-in-nature. The MOL hotline, manned by speakers of Hindi, Bangala, Sinhalese, Tagalog, and Bahasa Indonesian, received 535 complaints during the year. (Note: While the vast majority of complaints to the hotline are from QIZ workers, workers in other sectors may also call. End Note) Most complaints involved poor dormitory conditions, non-payment or delayed payment of wages, mistreatment by management, or confiscation of passports. 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. The textile union reported 1,776 individual complaints and 69 group complaints involving 4,603 QIZ workers during 2008. (Note: Complaints are not delineated by Jordanian or migrant QIZ worker but Fattala Omrani, Head of the Textile Union, who personally works on resolving complaints, reports the vast majority involve migrant workers. End Note). ¶50. (U) (26/G) The extent of the trafficking problem among domestic workers is reflected in the nearly 600 FDWs currently housed in source country embassy shelters. Not all runaway FDWs are fleeing forced labor conditions, but source country embassies and local NGOs report that many are and that the number is not decreasing. In January 2008, the Philippine Overseas Labor Employment Agency, citing "the growing number of distressed Filipino workers being housed" in their center in Amman, temporarily barred new Filipino workers from seeking employment in Jordan. Despite ongoing attempts to reach a new agreement with the GOJ on the recruitment and employment of their citizens, the Philippine government had not agreed to lift the ban by the time of this report. ¶51. (U) (26/H) The PSD, MOI, and MOSD do not use a formal mechanism to identify possible victims of trafficking; however some government officials received victim identification training (para 53). ¶52. (U) (26/I) The FPD operates professionally, but 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, activists, source country embassies, and NGOs state that the 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 them from leaving Jordan. However, the MOI frequently continued to waive these fines in order to permit FDWs to return to their countries. ¶53. (U) (26/J) The government does not actively encourage victims to pursue an investigation or prosecution of the offense. Victims may bring civil suits against employers under civil law, though not under the labor law. For suits greater than $4,200 (3,000 JD),the plaintiff must have a lawyer. The government does not provide lawyers for victims to pursue civil claims; however, MOL officials state that the Humanitarian and Assistance Fund established in July 2008 could be used to pay for legal assistance on behalf of the victims. Victims must appear when summoned during their court case and are technically not allowed to obtain other employment; however, MOL and MOL showed flexibility in generally allowing abused FDWs to seek other employment. As FDWs most often lack the means to or are discouraged from filing complaints or pressing charges, some embassies have hired lawyers to represent their citizens. ¶54. (U) (26/K) GOJ officials received training on TIP, including victim identification, throughout the reporting period. The G/TIP-funded and ILO-managed Project to Combat Force Labor and Trafficking conducted the following trainings in 2008: 1) February 6-7 workshop with thirty judges, prosecutors, and lawyers; 2) March 18-19 meetings with 40 CEOs of QIZ factories; 3) April 19-20 training of 18 members of the inter-ministerial anti-TIP committee; 4) July 27-29 training of labor inspectors, police officers, and prosecutors; 5) September 8-10 training of labor inspectors. The MOL reports that all of the above trainings contained sessions on victim identification. IOM is also arranging a two-day workshop on trafficking and victim identification for March. An EU-funded Border Management project also includes aspects of victim identification in their trainings. ¶55. (U) (26/L) There were no reports of Jordanians trafficked by either governmental or non-governmental sources. ¶56. (U) (26/M) The relationship between government officials, NGOs, and other elements of civil society on trafficking remains positive and productive according to civil society and government officials. The Prime Minister, relevant ministers, and other senior level officials express their commitment to combating trafficking and have requested civil society input on many of the initiatives outlined in the report. The GOJ also relies on several international and local NGOs to provide anti-trafficking training, develop capacity, and raise awareness of the issue. Some NGOs, however, have asserted that most GOJ working-level officials are either ignorant or indifferent to the issue. Conversely, and fueled by numerous international reports from organizations like the National Labor Committee, Amnesty International, and Human Rights Watch, some GOJ officials voice concern that NGOs overstate the problem and do not give adequate credit for efforts undertaken. ¶57. (U) (26/M) UNIFEM has worked closely with the GOJ and with local NGOs on women's rights issues, specifically FDWs. However, UNIFEM states that their level of activity was decreased in 2008 due to significant staff turnover. In past years, UNIFEM guided the process to standardize the FDW work contract and to produce the FDW guidebook. The local NGO, Friends of Women Workers (FWW),is trying to raise awareness of trafficking, including through SMS messages, radio spots, and print media. FWW is also developing a training program for FWDs and supporting the MOL domestic worker department. IOM's Jordan office continues to provide training opportunities for government officials. In April 2008, the Adeleh Center for Human Rights Studies, the NCHR, the MOL, and recruiting agencies conducted a two-day workshop for more than 20 recruiting agencies to raise awareness on right of domestic workers. Prevention -------------- ¶58. (U) (27/A) The MOL collaborated with local NGOs during the reporting period to increase awareness of trafficking of FDWs. The awareness campaign included ads on billboards, in the press and on the radio. The G/TIP-funded Forced Labor Program, in coordination with the MOL and the General Federation of Trade Unions, conducted workshops with QIZ workers to discuss migrant worker rights. ¶59. (U) (27/B) The GOJ controls and monitors immigration patterns, though governmental and nongovernmental contacts state it is for other purposes, such as security, than as an explicit anti-trafficking effort. The GOJ requires that nationals of most migrant worker source countries, such as the Philippines, Indonesia, and Sri Lanka, may enter Jordan only after approval from the MOI. Jordanian embassies in those countries also do not issue visas without MOI approval, and each case is individually evaluated. Nationals of these 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 MOL, and receive that approval only after the work permit is paid by the sponsoring employer. ¶60. (U) (27/C) The national committee (para 15),among other things, is tasked with creating a plan to prevent trafficking, issuing a national guide, reviewing related legislation, and coordinating all official and nonofficial parties working to prevent trafficking. The law states that one or more sub-committees may be formed. Prior to the national committee, in September 2008, an inter-ministerial anti-trafficking committee was formed, comprising the ministers of Interior, Labor, Justice, Industry and Trade, Social Development, Health, and the NCHR. This committee made the anti-TIP law a priority. Prior to September 2008, the MOL Secretary General chaired an interagency task force to coordinate efforts, share information, and operationalize anti-TIP policy. ¶61. (U) (27/D) Currently, no comprehensive national plan of action to address trafficking exists; however, the anti-TIP law calls for the creation of a plan to prevent trafficking. ¶62. (U) (27/E) Very little information exists about the prevalence of commercial sex in this conservative society. No public efforts to reduce demand have been made. ¶63. (U) (27/F) No public efforts to reduce international sex tourism by Jordanians have been made. No information exists about the prevalence of international sex tourism by Jordanians. ¶64. (U) (27/G) The Public Security Directorate, which sends thousand of officers each year to participate in international peacekeeping efforts, provides an anti-trafficking training module as part of their standard training regimen. TIP Heroes -------------- ¶65. (U) Ms. Aida Abu Ras has demonstrated an exceptional commitment to fight trafficking of FDWs in Jordan. She has advocated for women and FDW rights as a Program Manager at the Jordanian National Commission for Women (JNCW). With support of a DRL grant, Abu Ras founded in 2003 the NGO "Friends of Women's Workers" (FWW),in addition to continuing her full-time work at JNCW. Abu Ras has worked tirelessly to raise awareness of the plight of many FDWs and teach Jordanians how FDWs should be treated. FWW's awareness raising includes over 10,000 SMS messages to Jordanians on the treatment of FDWs and radio and print media campaigns. FWW is now developing a training program for FDWs and is working with the GOJ, primarily the MOL, to build their understanding and capacity of the issue. Best Practices -------------- ¶66. (U) In July, the MOL completed the establishment of a Humanitarian and Legal Assistance Fund to provide financial support to victims of trafficking-related offenses. Approximately $336,000 (240,000 JD) was deposited into the fund by employers paying $60 (43 JD) per employee to legalize workers with expired residency or work permits during a March to July 2008 amnesty period. In addition to providing humanitarian assistance such as food, housing, and repatriation tickets, the fund can also be used to pay the legal fees for victims filing criminal or libel cases against their employers. The fund was used to pay for the repatriations of 38 Bangladeshi migrant workers when their factory closed without notice, leaving them without final salary payments and airline tickets. The fund is also paying for a lawyer to take their case to court. The fund was a creative way to regularize workers, punish employers for not renewing residency permits and establish an assistance mechanism at the same time (ref E). Embassy Point of Contact -------------- ¶67. (U) Embassy point of contact on trafficking-in-persons is Political Officer Garret Harries, phone number 962-6-590-6597, fax number 962-6-592-0159. The AMB (FE-OC) spent approximately an hour reviewing the report; DCM (FE-MC) spent approximately an hour reviewing the report; Political Counselor (FS-02) spent 3 hours reviewing and editing the report; Economic Officer (FS-03) spent 3 hours editing the report; USAID officer (FS-04) spent 2 hours editing the report. Political Officer (FS-04) spent 48 hours preparing the report, and LES Political Analyst spent 25 hours preparing the report. Visit Amman's Classified Website at http://www.state.sgov.gov/p/nea/amman Beecroft