JORDAN: INPUT ON FORCED LABOR AND CHILD LABOR FOR

UNCLAS AMMAN 000383

SIPDIS

STATE FOR G/TIP LCDEBACA, DRL/ILCSR SMORGAN, NEA/ELA, AND
NEA/RA
LABOR FOR DOL/ILAB LSTROTKAMP, RRIGBY, AND TMCCARTER

E.O. 12958: N/A
TAGS: KTIP ELAB EIND ETRD PHUM SOCI KWMN PGOV JO
SUBJECT: JORDAN: INPUT ON FORCED LABOR AND CHILD LABOR FOR
DOL REPORTS

REF: A. AMMAN 320

B. AMMAN 274

C. 09 STATE 131995

D. 09 AMMAN 2339

E. 09 AMMAN 2254

F. 09 AMMAN 2074

G. 09 AMMAN 2073

H. 09 AMMAN 1424

I. 09 AMMAN 1179

J. 09 AMMAN 856

K. 09 AMMAN 706

L. 09 AMMAN 459

M. 09 AMMAN 429

N. 09 AMMAN 242

O. 09 AMMAN 230

P. 09 AMMAN 189


1. (U) Task 1 Summary: A range of governmental,
non-governmental, and private sector interlocutors continue
to inform Post that, as a whole, forced labor in the garment
sector has significantly decreased, largely due to government
action. However, they also state some forced labor
conditions still appear in a few factories. These factories
tend to be small in size and do not produce for U.S. buyers.
Though little information exists, local organizations
continue to report some level of child labor in the
agriculture sector. End Summary.


2. (U) Task 2 Summary: The government has shown a commitment
to combat child labor and actively participated in a number
of corresponding initiatives over the past year. The $4
million Department of Labor-funded Combating Exploitative
Child Labor Through Education (CECLE) project has been the
driving force behind a renewed effort in Jordan to address
the issue. CECLE, with its governmental and non-governmental
partners, have among other things reinvigorated coordination
mechanisms, strengthened national strategies, reviewed
legislation, expanded education opportunities for
out-of-school youth, increased public awareness, and trained
labor inspectors on child labor. Most of this work was only
possible with the technical and financial support of CECLE.
The government must now simultaneously amend legislation,
strengthen penalties for employing children, and enhance
investigations, prosecutions, and convictions for those that
exploit children. End Summary.

Task 1: Garment Sector and Forced Labor
--------------


3. (U) Narrative: Post has extensively reported on labor
conditions in the garment sector and government efforts to
combat trafficking, especially forced labor. Post has also
reported on the strong, adverse reaction by government, civil
society, textile union, and private sector contacts regarding
the placement of garments from Jordan on the Trafficking
Victims Protection Reauthorization Act (TVPRA) listing for
forced labor (ref D). These interlocutors believe it is
currently unfair to label the entire garment sector in such a
manner, as forced labor-type conditions are now only
appearing in a small fraction of factories.


4. (U) Prevalence: As Post has previously reported,
available information suggests that forced labor conditions
have substantially decreased in the garment sector as a whole
over the past couple years. Over the past year, there were a
few reports of continuing problems, such as the withholding
of passports and delayed payment of wages, in a couple
factories, which were small in size and not exporting to the
U.S. market. The Ministry of Labor (MOL) and other
stakeholders, such as the National Center for Human Rights
(NCHR) and textile union representatives, investigate all
complaints received and attempt to take corrective action.
For instance, on February 3, 80 workers of different
nationalities protested in front of the MOL requesting their
employer pay three months of back wages. Their employer, a
small factory in the Al Tajamouat Industrial Zone, had been
experiencing financial difficulties. Even before the
protest, the MOL took action and closed the factory. The
Ministry also reached an agreement with the employer to pay
back wages via monthly installments. The MOL is in the
process of either transferring the foreign workers to another
factory or arranging repatriation, including waiving any
overstay fines, based on the preferences of the workers.


5. (U) Actions taken by Government: Post has previously
reported on the government's significant steps over the past
few years to eliminate forced labor in the garment sector.
This work has been widely viewed as a highlight and success
of U.S.-Jordanian labor engagement. The government continues
to consider additional measures. Most significantly, the
cabinet is reviewing ways to make the ILO's Better Work
Jordan Program (BWJ) mandatory for all garment factories.
Comprehensive assessments would take place in all factories
allowing for a better understanding of the labor situation
throughout the sector and would place pressure on the smaller
factories to improve practices. (Note: Prior to the cabinet
change in December 2009, the then Minister of Labor was
scheduled to announce that BWJ would be mandatory for all
factories. The new Minister of Labor was recently briefed by
the Ambassador and the ILO on the program and why it should
be mandatory. The decision is now pending with Jordan's
recently-appointed cabinet. End Note.)

Task 1: Fruits and Vegetables and Exploitative Child Labor
-------------- --------------


6. (U) Narrative: As reported in 2008, several local
organizations state there is an element of exploitative child
labor in the agriculture sector, including in fruit and
vegetable harvesting and picking (ref P). The primary form
of child labor in the production of agricultural goods,
according to these organizations, consists of children
working on family farms. Since 2008, at least two
organizations have also documented the use of children from
migrant families in the production of agriculture goods. For
instance, the NCHR has received reports of "numerous" Syrian
children working alongside their families in northern Jordan.
NCHR is currently investigating these reports, including the
death of two Syrian child laborers, allegedly due to poor
drinking water at their employment site.


7. (U) Prevalence: As was the case in 2008, the prevalence
of exploitative child labor, whether Jordanian or foreign, in
the production of agricultural goods is very difficult to
determine. There is a severe lack of data and corroborative
information. Contacts primarily point to anecdotal
information but do not have specific data on the number of
child laborers in the sector or an informed idea of how many
may be exploited. A 2008 Jordanian Department of Statistics
(DOS) child labor survey gives some minimal insight. Its
survey found that 27.3 percent of all child laborers are
employed in agriculture; second after retail (36.3 percent).
The survey further found that 77 percent of underage female
laborers were in the agriculture sector. These figures,
however, do not indicate specific conditions or challenges
faced by child laborers in this sector, whether exploitation
is occurring, the overall number of child laborers, or the
prevalence rates, such as percentage of farms using child
labor.


8. (U) Actions taken by the government: As described under
Task 2, the government, with support from CECLE, has taken
several actions to address child labor; however, Post is not
aware of any actions specifically targeted at the agriculture
sector to date.

Task 2: Input for Child Labor Report
--------------


9. (U) (2A) In the Jordanian economy, children work in
mechanical repair, agriculture and fishing, construction, and
hotels and restaurants, as well as in the informal sector as
street vendors, carpenters, blacksmiths, domestic workers,
painters, and in small family businesses. NGOs and the
government report no significant shifts in sectors employing
child labor over the past year but believe that the number of
child laborers has generally increased due primarily to
Jordan's continued poor economic conditions and high
unemployment.


10. (U) (2A) The last government study on child labor was the
DOS survey completed in 2008. DOL/ILAB has a copy of the
report, but Post will engage the DOS to determine willingness
to release the dataset. The MOL released a survey on the
worst forms of child labor in February 2007. The report is
available on the MOL website (www.mol.gov.jo). Results of
both surveys were reported in last year's input cable (ref
O).


11. (U) (2B) The government did not enact any new laws or
regulations over the past year explicitly related to
exploitive child labor, though it did pass a new
anti-trafficking law (paras 12-13). A National Legislative
Review Team, assembled by CECLE and consisting of
governmental and non-governmental stakeholders, conducted a
wide ranging review of existing statutes and developed a list
of recommended legal and regulatory amendments. These
recommendations cover a number of laws and regulations, such
as the Law of Service Personnel in the Armed Forces, Penal
Code, Labor Law, Law of Education, Juvenile Law, and Social
Security Law. Based on the recommendations, CECLE signed a
Memorandum of Understanding with the government bodies
responsible for each law or regulation requiring amendment.
Post will e-mail the recommended legal and regulatory changes
to DOL.


12. (U) (2B) On March 31, 2009, a new anti-trafficking law
came into effect, prohibiting trafficking-in-persons for both
forced labor and sexual exploitation. "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 established a
National Committee to Combat TIP, provided for legal
protection of victims, and stated that one or more shelters
may be created based on the committee's recommendation. The
anti-TIP law stipulates a punishment of up to ten years in
prison with hard labor for the following offenses, whether
sexual exploitation or labor:

- 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 crime
by abusing his/her office;
- If the crime is transnational in nature.


13. (U) (2B) The anti-TIP law prescribes a punishment for
other human trafficking crimes 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 TIP committee is also given the authority
to close businesses for human trafficking violations and can
confiscate related profits. The law does not prevent stiffer
penalties through the application of other legislation. Post
will place the anti-TIP law on its intranet site.


14. (U) (2B) While a number of laws seek to prevent child
labor and punish those who exploit or employ children, the
legal and regulatory framework was not yet sufficient to
effectively address exploitive child labor. Available legal
remedies and punishments to deter violations and punish
violators were not adequately strong. The labor law sets out
a penalty of only 500 dinars ($700) for the illegal
recruitment and employment of children. The fine is supposed
to be doubled if the offense is repeated. Labor inspectors
did issue fines during the year but, in many cases, tried to
handle the case informally with both the employer and family.
For instance, inspectors would obtain guarantees that the
child not work in hazardous positions and be allowed to
either attend informal, non-formal, or formal education.
Inspectors admit that the small value fine can be easily paid
by most employers while often the child's family cannot
afford the loss of income. In some instances, other
legislation can be used to punish those exploiting children
for labor, such as the new anti-trafficking law and penal
code, but they were not used in such a manner during the year.


15. (U) (2C) The primary agency responsible for the
enforcement of laws related to hazardous and forced child
labor is the MOL. The MOL's Child Labor Unit (CLU) is tasked
with coordinating government action regarding child labor.
The CLU, however, is currently staffed by two people, who are
not sufficiently empowered to direct labor inspections or
coordinate efforts across ministries. UNICEF conducted an
assessment of the CLU during the year and developed
recommendations to expand the CLU's capabilities. These
recommendations are still being discussed between UNICEF and
the MOL but include measures to strengthen the unit's
capacity and raise its profile. All labor inspectors are
tasked with identifying child labor and enforcing child labor
provisions in the labor law as part of their normal
inspection activities. However, 10 labor inspectors were
appointed during the year to act as regional leads on child
labor and to work with government and non-government partners
to solve cases. The Public Security Department (PSD) is
tasked with assisting in the investigation of cases
punishable by non-labor law statutes, such as trafficking
labor offenses. The MOL and PSD are in the process of
establishing a TIP investigation unit, which could be used to
investigate child forced labor.


16. (U) (2C) A National Committee to Combat Child Labor is
being reinvigorated through CECLE. The committee is headed
by the Ministry of Labor and comprises 13 governmental and
non-governmental bodies with a stake in prevention,
enforcement, or protection. Until now, the exchange of
information between all such stakeholders has been severely
lacking and, as such, the committee's first goal is to
identify ways to better share information and coordinate
efforts and resources.


17. (U) (2C) The government does not operate an effective
mechanism to receive complaints about hazardous and forced
child labor violations. The MOL operates a hotline which has
primarily been used by foreign domestic workers and textile
workers to report abuse and violations. The MOL plans to
expand the hotline so that citizens can report any type of
labor complaint, including child labor. The hotline was not
widely advertised to the general public during the year but
the MOL has plans to highlight the phone number in awareness
campaigns and brochures. Citizens made a few direct calls
with child labor-related complaints and information to the
inspectorate during the year. The inspectorate did not keep
a record of such calls received but contends that every
complaint was investigated. The MOL recently signed an
agreement with the Jordan River Foundation, a large local NGO
working in a number of areas including child and youth
programs, to refer child labor cases to the MOL.


18. (U) (2C) The MOL increased the number of labor inspectors
nearly three-fold since 2006 to 140. The MOL has received
funds for an additional 35 inspectors and is currently
interviewing candidates. The head of the labor inspectorate
states that his organization will soon be able to adequately
cover all sectors (see para 19 for more details). The
government focused inspection efforts on some sectors, such
as the garment sector, which has reportedly resulted in a
significant decrease in forced labor allegations in this
sector. (Note: Only a handful of garment factory workers
have been found to be under 18; therefore, the reduction of
forced labor cases involves adults. End Note.) The major
gap, however, is the inability of inspectors to cover the
agriculture sector. In 2008, agriculture workers were placed
under the labor law after which the MOL started to develop
by-laws for the sector. These by-laws have not yet been
approved by Jordan's cabinet. Once approved, the
inspectorate will have the authority to also cover farms and
agricultural businesses.


19. (U) (2C) The government increased funding to the labor
inspectorate over the last several years resulting in an
increased number of inspectors and resources, such as
facilities and vehicles. The inspectorate conducted over
176,000 on-the-spot and planned investigations during the
year with the number expected to increase with additional
inspectors. The inspectorate continues to work on a database
and management system that will allow them to better plan
inspections and determine coverage. The head of the labor
inspectorate believes they will soon have 50 percent coverage
of all businesses each year. Government funding is adequate
to cover current inspection operations. However, resources
are needed to complete the planned restructuring of the Child
Labor Unit and to conduct planned trafficking-in-persons
programs, such as a shelter, public awareness campaigns, and
assistance to the joint labor-police inspector unit.
Jordan's budget deficit has increased substantially, which is
likely to make the provision of additional resources
difficult.


20. (U) (2C) There are no labor inspectors dedicated to child
labor. Instead, each labor inspector is required to cover
four areas during inspections; child labor, labor relations,
occupation safety and health, and the general labor
situation. While conducting routine and random inspections,
inspectors found 375 child laborers in 2009. All 375
children were assisted and referred to services, particularly
to informal and non-formal education opportunities. These
cases were largely found in small businesses, such as
mechanic shops and restaurants (ref A).


21. (U) (2C) The government did not prosecute any child labor
offenses during the year. The labor inspectorate issued
fines of up to 500 dinars ($700) per violation but no
criminal charges or court action was taken against any of the
offenders. The labor inspectorate fined 33 businesses for
child labor during the year. Other businesses were warned
and ordered to take corrective action. The anti-trafficking
law was used to prosecute cases of organ trafficking, selling
of children, and forced labor of a domestic worker during the
year.


22. (U) (2C) CECLE has trained 48 labor inspectors on the
identification and handling of child labor cases and plans to
train the remaining inspectors in the coming year. The
police did not conduct any child labor-related training for
its officers during the year. The labor inspectorate has
requested exchange programs with experienced inspectorates
that have successfully dealt with child labor.


23. (U) (2D) The government took active steps the past year
to generally combat TIP, such as the passage of the
anti-trafficking law, development of a national strategy, and
increased investigations. These efforts, however, were
either general in-nature or targeted at specific sectors,
such as the garment sector and domestic workers. There were
no specific activities, initiatives, or programs dedicated
specifically to child trafficking or commercial sexual
exploitation of children.


24. (U) (2E) The National Committee to Combat Child Labor is
currently developing a National Framework to Combat Child
Labor. The framework will build on the 2004 National
Strategy for the Elimination of the Worst Forms of Child
Labor. Implementation of the 2004 strategy has been
extremely weak due in large part to a lack of effective
coordination and government capacity. As a result, the
framework will focus on stakeholder information sharing and
available resources, both governmental and non-governmental,
to address child labor. A workshop to discuss the framework
is planned for February with its completion scheduled for
April.


25. (U) (2E) The government included child labor in several
national development and reform-related action plans.
Jordan's National Agenda 2006-2015, the primary guide for
political and economic reform, includes a goal to eliminate
the worst forms of child labor. Additionally, the Jordanian
National Plan of Action for Children 2004-2013 aims to
eliminate the worst forms of child labor by 2014 and to
decrease the overall number of child laborers. These action
plans were not tied to specific amounts in the national
budget but were meant to act as a guideline when establishing
government priorities and programs. Ministries, however,
allocated funds from their own budgets to implement
activities aimed at child labor, such as the Ministry of
Education's (MOE) operation of non-formal education centers
for out-of-school youth, the MOL's inspection operations, and
the Ministry of Social Development's (MOSD) campaign to stop
child begging. Additionally, as described in paragraphs
28-31, the government provided non-monetary support to
specific activities aimed to prevent or reduce child labor.


26. (U) (2E) The National Committee to Combat Child Labor was
reinvigorated over the past year. CECLE was the driving
force behind the increased level of cooperation and, moving
forward, a focus must be placed on institutionalizing and
sustaining the committee.


27. (U) (2E) Jordan ratified and published the Palermo
Protocol to Prevent, Suppress, and Punish
Trafficking-in-Persons in the Official Gazette on April 30,

2009. The government also signed a bi-lateral agreement with
Indonesia and Sri Lanka to better regulate the recruitment of
migrant workers and define the role of each government in the
process. While not specifically an agreement to combat
trafficking, ineffective regulation and oversight of the
recruitment process and recruitment agencies significantly
increases the likelihood of forced labor. A new agreement
with the Philippines has also reportedly been completed but
not yet signed. (Note: This effort is primarily targeted at
the domestic worker sector though stronger recruitment
regulation and oversight could reduce the number of underage
women arriving in Jordan to work as domestic workers.
Jordanian recruitment agencies can legally recruit domestic
workers only from the Philippines, Sri Lanka, and Indonesia.
End Note.)


28. (U) (2F) The GOJ implements and supports several
initiatives aimed at reducing child labor. Government and
civil society continue to focus their effort on increasing
education and mentoring opportunities to out-of-school youth
and child laborers. Questscope, an international NGO, in
partnership with the MOE, MOSD, and MOL continues to be the
primary organization providing education programs to
out-of-school youth. Questscope's programs are being
expanded under CECLE, which are described below:

--Non-formal Education (NFE) Program: Gives out-of-school
youth the opportunity to earn a 10th grade equivalent
certificate, which is a requirement for applicants to attend
vocational school. There are currently over 3,000 children
attending 39 NFE centers across Jordan. CECLE intends to
develop another 7 centers. The MOE has approved NFE as an
official education curriculum, and the MOE continued to take
over the operation of NFE centers.

--Informal Education Program: The first level of NFE
instruction can be completed through a community-based
organization (CBO). CECLE aims to increase the number of
CBOs providing informal education from 7 to 23. To date, 19
CBOs are providing these services. After finishing the
informal education instruction, a child can enter the second
level of NFE instruction upon passing a proficiency exam.

--Mentoring Program: Questscope continues to implement a
program to match out-of-school youth with adult mentors. The
mentor and child meet regularly for one-on-one meetings as
well as for recreational and education opportunities.


29. (U) (2F) The government also participates in other child
labor eradication programs. At the forefront is the Social
Safety Center in Sahab in eastern Amman, which is currently
providing non-formal education to over 500 working children
between the ages of 13 and 15. The center, established by
the Jordanian Hashemite Fund for Human Development (JOHUD) in
2005, also provides remedial classes to struggling students
to keep them from dropping out of school. The center
continues to experience a long wait list for their programs.
The project works closely with the Greater Amman
Municipality, MOL, MOE, and employers to identify and refer
child laborers.


30. (U) (2F) As described throughout this cable, the
government has been actively engaged in the implementation of
CECLE. Other CECLE initiatives not already described and
that include government participation are:

-- Public awareness: CECLE is implementing several
activities to increase public awareness on child labor,
including the development of an action plan with the MOE
targeting students, training of journalists, airing of TV and
radio public service announcements, placement of
advertisements in newspapers, and training teachers and CBOs
to use music, drama, and other mediums to increase awareness.


-- Teacher manual: CECLE with the MOE is developing a
teacher manual with sample teaching materials. The manual
will outline problems associated with child labor and include
such topics as effective counseling to prevent school
drop-outs.

-- Psycho-social study: The National Council for Family
Affairs in cooperation with the World Health Organization and
the Ministry of Health will conduct a study in five
governorates on the psychological, medical, and social impact
of child labor.


31. (U) (2F) CECLE is working with partner community-based
organizations and the labor inspectorate to develop a list of
assistance and funding opportunities for families of child
laborers in an effort to remove children from the workplace.
A primary source of funding for such families is the National
Aid Fund (NAF),which operates Jordan's cash assistance
programs. Until now, NAF has not specifically targeted
families of working children but did assist families that
might be highly susceptible to child labor due to their poor
economic situation. The NAF has agreed to partner with CECLE
and its partners to offer either direct assistance or
low-cost loans to families of child laborers. The type of
assistance will largely be determined by a family's economic
situation. CECLE will also create linkages with other
mechanisms, including micro-loan facilities.


32. (U) (2G) Comment: The government has shown commitment
over the past year to combat child labor. They have also
taken active steps to strengthen national strategies and
coordination mechanisms, build the know-how of national
actors to fulfill their roles, and improve education
opportunities for out-of-school youth. Many of these efforts
were a direct result of and only made possible by CECLE. The
government and civil society remain optimistic that these
measures will be expanded over the remaining life of the
project. CECLE stakeholders must focus on sustainability to
ensure that the mechanisms and capacity built will continue
long after the project. Separate from CECLE, the government
must also place greater emphasis on investigating,
prosecuting, and punishing those found to exploit children.
There was little to no progress in this area over the past
year. Post will continue to work closely with CECLE and DOL
to push the government to take needed action, such as
enacting the recommended changes to national legislation and
giving authorities the necessary tools to prevent and deter
child labor. End Comment.
Beecroft