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 To view the entire SMART message, go to URL http://repository.state.sgov.gov/_layouts/OSS SearchResults.aspx?k=messageid:bd6851a8-325c- 426c-a7c8-532da083a6a0