OMAN: WORST FORMS OF CHILD LABOR REPORT

UNCLAS MUSCAT 000052

SIPDIS
STATE FOR NEA/ARP AND DRL/ILCSR FOR TU DANG
LABOR FOR ILAB FOR TINA MCCARTER

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM MU KTIP
SUBJECT: OMAN: WORST FORMS OF CHILD LABOR REPORT

REF: a) 08 SECSTATE 127448


1. (U) This is in response to reftel cable. There has been no
change in 2008 with regards to worst forms of child labor in Oman
other than the items described below. Please see 07 MUSCAT 1097
for last year's response that includes complete answers, as
available, to reftel questions.


2. (U) Section A, questions 1 and 5. On November 23, Oman
promulgated the "Law Combating Human Trafficking." 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.


3. (U) The penalty for trafficking in persons (TIP) 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.


4. (U) The new anti-TIP 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.


5. (U) The law declares that the "National Committee for Combating
Trafficking in Persons" will be established by a government cabinet
decision and will be chaired by a minister. 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.


6. (U) Section B, questions 2, 3 and 4. Oman added over 100 new
labor inspectors in 2008 and their training included TIP victim
identification methodologies from the International Labor
Organization (ILO). Labor inspectors hired in 2007 have completed
training and begun work.
GRAPPO

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