Human Trafficking, Human Rights, and the thin line: A cautionary tale for wannabe maids.

We all know the shock and embarrassment felt when the annual US State Dept. Report on Human Trafficking demoted Oman to Tier 3 (the lowest level). After a serious tantrum by the Ministry of Foreign Affairs, supported by the Oman Press and the Official News Agency, the US retrospectively adjusted the rating to Tier 2 Watch List, while the Ministry then finally got around to actually passing a law against human trafficking, arrested some pimps, and held yet more awareness workshops. Now we've even got a Human Rights Commission!

It has often been stated in the press by representatives of His Majesty's Government and their media apologists supporters (like Essa Al Zedjali, Editor in Chief of the hard-hitting Times of Oman), that Oman is a country where fair and equal treatment under the law is the right of all residents, Omani and local alike. And in theory, that's supposedly true.

Only, its not.

So, where is the line between employing a foreign national on terms few of us would ever put up with, vs 'normal for Oman' exploitation, vs effective modern-day slavery?


Photo: The life of a housemaid in Oman can be sometimes brutal. Who's responsible? Image ripped from Desert-69.blogspot.com


Take this story I recently received from a concerned relative of a Filipino housemaid who just arrived in Oman.

Dear Mr. Dragon,
...
My cousin is a female filipino, 35 years old, single, and has 8 family members here for her to support. She is working there in Oman as a domestic helper.

The Filipino agency here does not allow her to photocopy her signed contract here, they only gave it to her before she boards the plane for Oman. Her contract with her Filipino agency is $400 a month(*) and a day off a week, but when she got to Oman she is made by the Oman agency counterpart to sign another contract stating she is not permitted any day off and her monthly wage is reduced to $200. Her employer works at a bank.

She is not allowed to have a cellphone, use the phone or use the mail.

Her employer's wife seized her passport. Her employer told her that Omani law said that without a passport any foreign worker will be put to jail if she goes to the embassy.

She said her employer is good to her but her daily work hours are 5am to 11pm, 7 days a week. She is being paid 85 rials per month.

1. Should a person sign a foreign agency contract in Oman even is he/she has already made a contract in his/her home country agency?

2. Should the contract stated that he/she must have a salary 50% lower than written on his/her original home country agency contract?

3. Should his/her passport be seized by his/her employer?

4. Should he/she be deprived of communication the outside world and a dayoff?

5. In Oman are the above question is legal? If illegal what should he/she do and what Omani agency can help his/her problem?

Thanks for your kind consideration.

[name withheld]

This situation is, I'm afraid to say, not uncommon in Oman, and I blogged about this just last year.

Note: The labour Law (in English) can be found abridged here at the Kerala Monitor or in full here from the Ministry of Manpower. (A hint though, there's a great catch!)

Lets first look at the issues point by point.
1/ Salary.
While it is a recent Filipino law that their citizens must earn at least US$400 a month, this foreign law is not recognised in the Sultanate of Oman (or any other GCC nation). **This is why her employment contract in the Philippines stated the magic minimum of $400 bucks. An MOU between the Omani and Indian Governments last year agreed minimum wages for Indian Maids to be 75 rials (~US$180) a month. This has not been done with the Filipinos as far as I am aware. She shouldn't have signed the new contract, but I can understand why she did. Even the UAE has agreed minimum rules for Filipino domestic staff, agreed back in 2006. There minimum wage is $200 a month with mandatory 1 day off a week that cannot be overtimed.

2/ Confiscating of passport.
Technically, this is now supposed to be illegal in Oman. However, it is both common practice and accepted as totally reasonable by pretty much every Omani I've spoken to, including the Police and the Ministries ("But they might run away!"), and as there is no actual penalty described in the legislation for breaking this particular law, it makes it a rather pointless law, to say the least. (Oh, wait, except for the Foreign Ministry being able to absolutely & honestly state to the US State Dept and the ILO that passport confiscation is illegal in Oman! Silly Dragon!).

3/ 7 days a week, 18hrs a day...
This is also illegal under Omani law, and yet alas, is also not an uncommon practice. The difficult part is - who enforces this law? Statutory minimum is 1 day off per week, but I'm not sure how this is interpreted (with respect to shifts in the interior for example). So it may be that law interprets this as some kind of yearly average requirement, so if you get 40 days off in one lump + overtime, that counts. Legal eagles out there - any guidance?

4/ No passport + show up at Embassy = jail.
I would have seriously doubted this is true. But... in the Muscat Daily just today was a story (page 2) where it was stated that for 40 'illegal' Indian migrants who didn't have identification "As of now, all of them are under detention." Detention sounds a lot like a nice way of saying 'in jail'.

5/ Parasitic Lying Exploitative 'Agents'
This is a sad reality across the undeveloped world and the Gulf. Fellow locals of people in say India or the Philippines dupe desperate people into believing that a land of high wages and easy living awaits them in the Gulf. These are often illiterate and rather naive people. These agents proceed to charge them sometimes thousands of dollars, which they usually have to borrow from relatives or even loan sharks. Omanis are also charged by the local counterparts of these agents to get a maid, who site recruitment expenses and of course, airfares and visa charges. Both parties - expat and Omani - are getting totally ripped off by these unscrupulous parasites and their Omani sponsors. I have no idea why comprehensive laws to control these 'agencies' have not been implemented. And these are just the ones who actually do put them into jobs as domestic workers. The super nasty ones of course sell them straight on to pimps and brothels.

OK, so what does the law say? 'One law to rule them all' and all that good stuff.

Well, for a start, lets look at that nasty sounding 7 days a week, 18 hrs a day stuff.

Omani labour law, issued as per Royal Decree No. 35/2003
...
Working hours
Workers should not be asked to work for more than nine hours per day or 48 hours per week. Rest interval should be given during working hours, provided that work cannot be continuous for six hours.

If a worker is asked to work more than the working hours, the employer should give him/her extra pay equivalent to his/her wage for the extra period plus 25 per cent or give a permission to be absent for the number of hours he/she worked, provided that the worker agrees to this arrangement.

Employer should give worker not less than 24 hours rest after six days of work. ...

Hey, excellent! So that seems pretty clear. Just the sort of thing one would expect for law designed "to control Exploitation of Expatriate Workers" (I'm not making this up).

But wait readers.

Oh oh. The law also states:

General rules
This law is not applicable to the armed forces, security and government departments and domestic servants such as cook or childminder.

So that's alright then.

It seems to me the ultimate Orwellian irony that a law named as being to prevent the exploitation of expatriats explicitly denies coverage to perhaps the most vulnerable expat workers in the entire country.

The crime here is that it is so difficult for these women to get access to information, to assistance, to a fair deal. That the law was expressly denied them. That there is no effective Government monitoring of them; in fact, the Government agencies generally reinforce their defacto imprisionment. The fact that we continue to allow unscrupulous agents to exploit these people.

I could rant on, but to what avail?

So readers, what should this woman do?

If she somehow manages to escape, she'll be an absconder. Her salary is after all just above accepted minimum for a 48hr week. How could she prove she's working 126hrs a week? Even if she gets to the embassy, what will happen? At best, deportation, back to a place where she still has dependents plus loans paid to an agent? At worst, a period of incarceration then being sent back to her "employer". And how would that work out I wonder?

Where are the NGOs who could help? Does anyone know?

What should she do?

What would YOU do?

But, obviously, this is not 'Human Trafficking' Mr Dragon. After all, she's being paid AND she apparently isn't even being beaten and molested! What responsibility would the Government of Oman possibly have in this? Why shouldn't we be Tier 2?

It's just a housemaid. And her employers no doubt paid good money for her.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Telephone Numbers for the Philipino embassy:
24605140; 24605143, 24805335; or 24605176.

(968) 99233596 (Mobile)

Oman given a boost in 2009 US State Dept. Report on Human Trafficking

In a piece of good news for Oman and the Foreign Minister, the US State Dept.'s latest 2009 report on Human Trafficking has increased Oman from Tier 3 (bad) straight up to Tier 2 (not bad). Result!



The report summarises:

...The Government of Oman does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government’s enactment of anti-trafficking legislation and completion of its first prosecution under these provisions demonstrated increased commitment to combating trafficking during the reporting period....

The prosecution was the key, along with the distribution of leaflets to the manual labourers. The new American Ambassador will I'm sure be happy not to be being berated by Oman's Foreign Undersec this year!

Meanwhile, its now the UAE's turn to whine. The UAE Government officials responsible for their countries performance are now the ones sulking about how unfair their downgrade from Tier 2 to to Tier 2 Watch List is and that (naturally) its not their fault. LOL.

Gulf News:

....Rashid Musabah Al Kindi, member of the Federal National Council who sits on a committee for labour issues, said the report was not fair and the UAE was made to pay for other people's mistakes, referring to fraudsters in other countries who lure young women to the UAE for job opportunities and force them into prostitution.

On the issue of passports, he said: "Keeping workers' passports is the employer's right and not a violation for human rights as stated in the report".

"In case workers commit a crime then it is the employer's responsibility and keeping his passport will prevent him from leaving the country."

Abdul Rahim Al Shahin, also a member of the FNC, questioned why the UAE was being "attacked" when other countries' violations were not being talked about.

These countries would no way be working as hard as they are to improve the way they are dealing with Human Trafficking if it wasn't for this US report and the threat of trade sanctions it carries. The oft noted 'we don't read it/believe it, its all what we want to do anyway' crap is so laughable.

Lieutenant General Dahi Khalfan Tamim, Chief of Dubai Police, said: "I stopped reading these reports several years ago. It's full of contradictions". He questioned the credibility of a report coming from a state "that violates human rights in front of the whole world".

"Our conscience dictates our efforts, and not the US government," he said.

Yeah, which is why you're back in T2WL...

The recently released video-nasty of a member of the UAE Royal Familty torturing an Afgan grain dealer, and the initial acceptance of it by the UAE Government, probably didn't help either. Nor too the fact that during the year a member of a UAE ruling family and six of her traveling party were charged by a Belgian court for subjecting at least 17 Asian and Middle Eastern girls into forced labor as domestic servants.

But we need to keep our efforts going in Oman or we'll be back on the Watch List too next year. More needs to be done for the housemaids especially, and the manual laborers, and for the poor prostitutes being hidden away in Ruwi and Adam. We need shelters for Domestic maids to flee to, and support from the Government to take their abusive employers to court. The practice of passport confiscation remains widespread. The practice of Omani men going on sex tours to Thailand is never mentioned in the media, nor the fact that they are indirectly supporting the enslavement of innocent girls and women.

The Unions should be supported more too - afterall, they are what forced the West's industry to improve safety and working conditions (before later going a bit power crazy and bankrupting companies like GM). It's quite bizaar, for example, that apparently the head of Galfar's Workers Union is... their senior HR Director. No conflict of interest there then...

More Government idiocy being considered - Imprison all expats in Oman!

Hope you all had a nice weekend - cool weather, a little bit of rain, but no major storm (at least so far!). More rain forecast for the next 2 to 3 days, but as long as it keeps coming in spurts, excellent news. It is amazing how beautiful the temperature gets when we have some decent cloud cover. More thunder and heavy rain likely tomorrow, BTW.

Meanwhile, Oman continues to try to improve their current status as 'Tier 3 / Tier 2 watch list' in the upcoming 2009 US State Dept Human Trafficking Report.

As it has already been agreed that expat workers in Oman are entitled to hold onto their own passports (even though many still have their passport kept illegally by their 'employers', a crime for which there is no defined punishment anyhow), the problem is now seen as this:

How can an Omani sponsor stop his expats leaving the country without 'permission' if he can't legally confiscate their passports?

Ah ha! Easy. We'll invent a new document called an "Exit Pass" that would be required from the sponsor before any expat is allowed to leave Oman, even temporarily, passport or not! See report in Gulf News. [thanks for the tip AM]



Yes. Turn all of Oman into a giant prison for all non-GCC expats, unless they have written permission to leave from their owner 'Sponsor'. Problem solved!

This proposal totally misses the point (I hope readers can figure that out). It may allow Oman's National Committee for Getting out of Human Trafficking Report Tier 3 Combating Human Trafficking to tick the box on 'Expats don't have passports confiscated anymore', but maintains in practice that 'Expats would still not able to leave the country without permission from their sponsor'.

And in the process would create a whole new load of paperwork before any expat could even drive to Dubai, and henceforth there would be two classes of expats: those with a magic exit permit [aka free men], and those without [aka slaves - Check out the recent book on Modern Slavery: A Crime So Monstrous].

That such a proposal is even considered provides a revealing glimpse of how most Expats are still thought of by the powers that be in Oman - as a resource to be used and controlled via coertion.

Even now, an Expat in Oman is effectively owned by his or her Omani sponsor. You have 4 choices:
(1) work for your sponsor, and if you have a problem with wages, your treatment or other contractual aspects, complain to the Ministry of Manpower, or;
(2) leave the country (if you have your passport and labour card), or;
(3) get permission from your sponsor to transfer to a new sponsor (usually for a significant fee), or;
(4) abscond and work illegally for someone else, thus being subject to arrest, fines, imprisonment and deportation.

But an expat cannot resign from one sponsor to work for another without permission from the original sponsor. It's a form of bonded labour. You can imagine the power this gives an Omani sponsor over an employee whose only option is being sent on a one-way flight back to their miserable home country, and who perhaps might not be treated very well while they wait for their complaint with the MoM or the backed up court system to be processed.

Now, an argument would be that if expats don't want to work in such a system they can choose not to come here. But few expats realise that this is they way Oman works before getting here, perhaps thinking that an Omani work visa is similar to how it would be in the UK or US, where the Government has given you a right to seek employment relatively freely. And most low paid expats here have little choice anyhow - they are here out of desperation to earn money to send home. But that is exactly why Governments should protect such powerless people from being overly exploited.

If they are truly serious about Human Rights, Oman needs to think properly about how it could improve the way it treats expats, especially low-paid labour from the 3rd world, and protect them from such effective slavery. The answer is not to just turn the entire country into a prison, just so that we can claim expats have a travel document, albeit one that is useless for actually travelling.

And perhaps we should re-read the 1926 International Slavery Convention while we're at it:

Slavery was defined(Art.1) as:
"the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised"

and the slave trade was defined to include:

"all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every act of trade or transport in slaves."

here's the news article from yesterday's Gulf News:

Oman considers exit pass for expatriates
By Sunil K. Vaidya, Bureau Chief
Published: April 03, 2009, 23:02

Muscat: Oman is considering a proposal to introduce 'exit permits' for expatriate residents even as the police chief has identified three forms of human trafficking prevalent in the country.

Lieutenant General Malek Bin Sulaiman Al Maamari, Oman's Inspector General of Police and Customs, said that the National Committee for Combating Human Trafficking would prepare a draft on combating various aspects of human trafficking and it would be completed within three months.

"Protecting the rights of foreign work force is part of the proposed draft," the police chief told media at the end of the first meeting of the Committee at the Royal Oman Police headquarters.

"The Manpower Ministry has done a lot to guarantee the rights of workers but there are some small details that need to be looked into, including [the] right to keep [one's] passport," he said.

"[A] passport is a private document and every employee has the right to keep the same with him or her," he said but added that the employers also needed some form of guarantee that employees would not leave dubiously.

Therefore, the committee discussed a proposal where every expatriate would be required to obtain a clearance letter from the employer or sponsor before leaving the country.

"It is like 'exit pass' that is in practice in some of the other GCC countries," he told Gulf News.

In Saudi Arabia and Qatar, foreign workers have to obtain exit permit to leave the country. The police chief stressed that the committee only discussed the proposal on clearance letters for expatriate leaving Oman.

"If accepted every expatriate will have to seek [an] exit permit even before going on leave," Al Maamari said.
Oman is a home to about 750,000 foreign workers, and the majority of them are currently required to hand over their passports to their employers.

However, the new move is set to allow them to keep their passports.

The chairman of the National Committee for Combating Human Trafficking also admitted that prostitution, trade in human organs and child labour had afflicted Oman.

Authorities had so far uncovered only one case of human trafficking, relating to prostitution.

"We have arrested seven Omani nationals and four expatriates of other nationalities for forcing women into prostitution," he said.

He said that victims of the prostitution racket were sheltered at a centre run by the authorities and that they were well looked after. He also said the women were even escorted when they went shopping or undertook leisure trips. He also the victims would be sent back to their home country once legal proceedings were concluded and rulings delivered.

He said it was bitter to note that some countries demanding human rights observance by all nations had legalised prostitution as a profession and even ensure benefits accrued to prostitutes.

"It [prostitution] may be the oldest profession in human history but our religion does not tolerate this," the top Omani police officer reiterated.

Al Maamari said that the problem of illegal immigrants entering Oman along the Batina coast was a continuing development.

"We arrest almost 30 to 40 illegal immigrants every day along the coast and currently there are over 1,000 people from Pakistan, Iran and Afghanistan languishing in our detention centres for illegally entering the country," he said.

He admitted that the nation was faced with a complex challenge in the form of human traffickers from Pakistan as well as Iran.

Oman makes their first human trafficking arrest?

Reports from the Gulf News today that Oman has made its first arrest for Human Trafficking. Nothing in the Omani papers I could see, which is not at all surprising.

Anyone know any details of the arrest?


Photo: ROP Coastguard vessel on the lookout for people smugglers

It will certainly help to get Oman back onto Tier 2 proper in the US State Dept. report on human trafficking due later this year. One of the main criticisms of the report last year was the way Oman's efforts against trafficking were all talk and no action.

Note the way the Gulf News put words in his mouth: "Without referring to recent criticism on Omani Blogs about ROP not making public news about crime, he said that the police in Oman does publish news about cases where accused have been convicted.

Despite those assurances however, there is almost no reporting of crime in Oman. This is not really the fault of the ROP, it's the fault of the newspapers. The Times of Oman could easily send a reporter to cover the cases in the criminal courts (which are open to the public) and print anything newsworthy. Even the Gulf News regularly prints details of arrests and trials.

Plus, I'd like to see publication of details of those convicted of traffic offences!

First human trafficking case in Oman: police chief
Gulf News, Staff Report
Published: March 02, 2009, 13:03

Muscat: The police chief in Oman has announced that the first case of human trafficking has been referred to the courts and assured that the guilty will be punished.

Speaking at a graduation ceremony of the 4th batch of Public Prosecution Department attorneys, Lt-Gen. Malik Bin Suleiman Al Maamari, Inspector-General of Police and Customs stressed that Oman does not hide anything and was keen on maintaining its good record based on the rule of law and justice, according to a report by the Oman News Agency (ONA).

However, the top police officer neither elaborated nor announced any further details of the human trafficking case that is to be heard by the courts here.
...
He reiterated that Oman was keen to maintain transparency in all its dealings. “We also monitor international law violations and time to time notify Interpol about them,” he said.

Without referring to recent criticism on Omani Blogs about ROP not making public news about crime, he said that the police in Oman does publish news about cases where accused have been convicted.

He stressed that there was no organised crime in Oman but said that police had recently arrested people involved in cyber-crimes. “Those held will be tried for these cyber crimes,” he added.
...

A typical case of human trafficking in UAE

For those who thing this whole human trafficking thing is a figment of some do-gooder's imagination, here's a nice tale of modern slavery in the UAE that was reported yesterday.
Gulf News

Could this happen in Oman?

Italian visitor denies charges of rape

By Bassam Za'za', Senior Reporter
Published: November 27, 2008, 23:28
Dubai: An Italian visitor has argued that he only massaged a Filipina and denied her accusation that he imprisoned her in a hotel apartment and raped her twice over a period of three days.
...
The Filipina claimed that she left her husband and son in the Philippines and flew in to Ras Al Khaimah where she had been promised work as a maid.

"Four days after my arrival the labour agency handed me over to the Iraqi suspect who promised to recruit me as a waitress," said V.S.

"Instead he brought me to Dubai and locked me up in the apartment. Shortly afterwards the Italian walked into the room and raped me in the bedroom during the first day. They locked me up for three days and I.M. also raped me the second day," she added.

She claimed in her statement that she was unable to fight off her abusers and that she failed in her attempts to cry for help and run away from the apartment.

"I cried for three days and repeatedly insisted on the suspects to take me back to RAK. When they took me down to the parking lot, I saw a compatriot and cried out for help," she alleged.

An employee at the hotel confirmed her statement. The trial continues.
...

GW Bush clarifies why Oman was taken off Human Trafficking Tier 3

Following up on the infamous Tier 3 rating Oman received from the original US State Dept Human Trafficking report, and the subsequent amendment made this week by the US placing Oman on Tier 2 watch list, here's GW's official explanation, as leaked by the Oman's Ambassador in the released letter (and thanks for the link provided in earlier comments Lurkiloo). It is not an admission of error in the original rating, nor a 'cancelation' of Tier 3, but an update to Tier 2 Watch List based on new progress (apparently).

Interesting. Essentially the efforts made by Oman (both administrative and diplomatic) were considered enough to lift the country to an official 'OK, we see a bit of progress, so even though you are still non complaint with the act we'll cut you some slack and expect to see more progress next year' type of argument.See the full US President's report here.

I hope we will see a follow-up of actual action and results in the 9 month breathing space afforded by HM's diplomatic wasta, sorry, I mean the US Administration's re-evaluation following the slight actions taken by Oman since the report was published. And by that I do not mean more laws, more training, a few awareness campaigns, and the '3 monkey' approach to such serious issues, etc etc etc, but instead:
- actual trafficked persons like enslaved prostitutes (who do exist in Oman) rescued and cared for (and not prosecuted),
- the criminals (and their Omani sponsors and customers) arrested, tried, punished and publicly identified in line with the law,
- inhuman exploiters of manual laborers and housemaids also dealt with by the full force of the law.

Please Oman. It's not hard - because I agree that you do not, on the scale of things, have a huge problem with human trafficking in an absolute sense. But you must demonstrably place the rights of these exploited people ahead of those of the expat and Omani who commit these crimes.

Presidential Determination With Respect to Foreign Governments' Efforts Regarding Trafficking in Persons

Memorandum for the Secretary of State
SUBJECT: Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons
October 17, 2008
Presidential Determination No. 2009-5

Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (Division A of Public Law 106‑386), as amended, (the "Act"), I hereby:
...
- Make the determination provided in section 110(d)(3) of the Act, concerning the determination of the Secretary of State with respect to Moldova and Oman;
...

Oman
On the basis of positive actions undertaken by the Government of Oman since March 2008, the Secretary of State has determined that the Government of Oman does not yet fully comply with the minimum standards in the Trafficking Victims Protection Act (TVPA) for the elimination of trafficking, but is making significant efforts to bring itself into compliance. This is the standard for placement on Tier 2 of the State Department’s Trafficking in Persons Report.

The Secretary of State has placed Oman on the Special Watch List because the determination that the Government of Oman is making significant efforts is based, in part, on our expectations of additional future steps over the next year.

Since the June 2008 release of the TIP Report, the Government of Oman has adopted significant measures to prevent trafficking in persons for the purpose of forced labor by addressing abusive work conditions. Such measures include its recruitment of a total of 94 additional labor inspectors (male and female) – as well as 7 legal researchers – to strengthen enforcement of Oman labor laws and punish acts of trafficking for labor exploitation. In August, labor inspectors received training in collaboration with the International Labor Organization that, among other topics, highlighted their role in combating human trafficking and best practices against trafficking in persons. Oman’s Ministry of Manpower has publicly admonished the poor performance and excessive fees charged to workers by some Omani labor recruiting firms, and it has pledged to conduct more regular inspections of their operations.
...

US Government caves to political pressure on Human Rights report

You may recall recently that Oman received a Tier 3 (the lowest ranking) on the US Government's State Dept report on human trafficking, released in June. This was followed by a well organised campaign of howling complaints from the Foreign Ministry, the local press, and multitude of other Government controlled or influenced bodies, on how unfair and incorrect such rating was.

It seems that the US Government has agreed to undo that, as reported in the Oman Tribune and Observer.

Sultanate hails US on trafficking list move
WASHINGTON The Sultanate has welcomed the US decision to remove it from a certain list in the report on human trafficking by the State Department.

Deputy US Secretary of State John Negroponte has received a written message from HE Sayyid Badr Bin Hamad Bin Hamoud Al Busaidi, Secretary-General at the Foreign Ministry, that included the Sultanate’s welcoming of the US president’s decision to cancel the statement about the Sultanate cited in the US Department of State’s report on human trafficking and removing its name from the third category in that report.

The message was delivered by Haneenah Bint Sultan Al Mughaireyah, the Sultanate’s Ambassador to the US, when she was received by the US deputy secretary of state in Washington.
...

While the full Tribune article tries to take all the credit for the revision for the Tribune [really, read the full article for a good example of OTT reporting], there is no mention on the US State Dept website I could find. Readers should note the article is quoting the wording contained in a letter send by Oman to the US, rather than a proactive statement by the US.

Presumably this is an official 'follow up' to place in the official written record something from a verbal statement made by the US, and therefore more probably related to the recent visit of dep. Sec State Negroponte last month when he met HM.

So, yes, I think its pure politics, and just because of HM's involvement, and probably due to a loose verbal statement made by Negroponte to HM, possibly combined with the continuing battle in the US to get full implementation of the US/Oman free trade agreement ahead of the new administration. It's also one of those moments when no-one mentions that it's something good for Oman coming from the so-called 'authority' of the hated GW Bush. It is not a technical revision from the civil servants who drafted the original report, but Omanis will probably not care about this subtle difference.

I think it merely shows the real politic of the US Administration in response to a personal appeal from HM, and not so much that the original rating was actually flawed.

I'm sorry Oman that you felt insulted, and yes I totally agree the UAE did not deserve at all to be Tier 2 while you were Tier 3. But I stick with my original opinion that Oman should concentrate on real effective change in their actual enforcement and establishment of institutions to support and protect vulnerable women expats from the third world, make some prosecutions, and not just complain that good intentions were not apparently enough.

And yet another reason to see the end of this terrible Bush administration...

Oman punishes prostitutes with prison and deportation

I just noticed the unusual report published in the Tribune on July 5th, about a pimp and some prostitutes getting busted by the ROP. Yes readers, SHOCK HORROR! – Oman has brothels. Who would’ve imagined that? The brothel bust was also confirmed by Juma al-Juma, Minister of manpower, in an interview with the Financial Times on 14th July.

The issue I have with the report is the usual treatment that was meted out to the poor working girls, i.e. 6 months in prison followed by deportation.

I don’t know the specifics of the girls, but it is very, very often the case that such women are not being prostitutes because they like the work. In fact, such illegal brothels are usually staffed by women being forced to have sex. Against their will, and usually with regular violence and rape too. Many such women are effectively sex slaves, and typical victims of human trafficking. But the standard response here (and elsewhere in the Gulf) is to punish them even more. Another reason why Oman deserved Tier 3, if you ask me.

A significant side effect of such treatment is the women can’t even go to the authorities. In fact, being turned over to the ROP will be used as yet another threat against them. Its disgusting.

The press too, as usual, don’t follow up. Why not interview the girls? How many prostitutes were there? Who were their clients? How did they get into this business? Where was the brothel? And who was his Omani sponsor - aren't the sponsors of expats also held partially responsible for their crimes? (Plus, I imagine its a pretty full time job being a pimp and running a brothel. His sponsor didn't know? Yeah right...)

And how co-incidental that it happened right after the US State dept report… Fancy that!

Police raid brothel
By A Staff Reporter
July 5th 2008
MUSCAT The Royal Oman Police arrested a person of Asian origin for running a brothel.

The arrested person was trying to persuade the sponsor of a lady who was under the custody of Seeb police to allow her to work with him after paying him a considerable amount of money, said an official source at the General Prosecution.

The suspect was put under surveillance and it was found that he was running a brothel.

The General Prosecution issued a warrant against the accused after it was found that his house was turned into a brothel.

The accused was charged for running a brothel and was referred to the court which ordered the pimp to one year imprisonment and the prostitutes to six months imprisonment and deportation.

General Prosecution has called upon the local residents to report such incidents or any illegal practices that contravene with the Omani society to the police.

Unless you're a prostitute that is, because then we'll throw you in prison.

I have a feeling that, despite the protests over the tier 3, there may well be a hell of a lot more brothels in Oman than the one busted earlier this month.

Here's the story of just 1 such woman, as published in the Times of India on the 30th March earlier this year.

KOCHI: It was midnight when Salim's (name changed) flight landed in Muscat on March 14. The weather was strange and so were the faces. All he had was Rs 6,000. But he knew he couldn't afford to despair.

As he rode a taxi to Ruwi City, Salim had one prayer on his lips - his wife should be alive. The last he had heard from her was a wail, before the call to their home in Malappuram in Kerala went blank.

The 32-year-old man had no idea that his wife had been trapped in a deadly, organised prostitution racket. She was sold and resold several times in Oman, where she was promised a job as a housemaid.

But he was determined to save her even if it meant risking his life. His efforts succeeded when Oman police, with the help of the Indian embassy, rescued her on March 23.

Arabian dreams lured Salim and his wife after he suffered business losses last year. The couple, married for two years, approached an agent who agreed to arrange visas for them - a housemaid's job for her and something else for him. Her visa came first and she left for Muscat on January 21, 2008 leaving behind Salim.

After about 40 days, he got a call from her. In between sobs, she told him that she had been cheated and would end her life. He was shattered but decided to rescue her at any cost. He then approached the same agent for a visa.

In Muscat, he got in touch with a man involved in the flesh trade and asked him to get his wife without revealing his relationship with her. The man took him to her for 35 riyals (Rs 3,500).

"They had lodged her on the terrace of what looked like a commercial complex. She cried and fainted as soon as she saw me but I reassured her saying I will be around. They became suspicious and tortured her into disclosing my identity," Salim told TOI from Muscat.

During their meeting, she narrated her woeful tale. "As soon as she arrived, the agent took her to a house where three men assaulted her. Then she was sold for 700 riyals to a pimp who would use her to satisfy as many as 30 men a day. He resold her for 200 riyals to one Jayalakshmi, a Keralite pimp."

Those pesky runaway expats - but we don't deserve Tier 3...

Following on from the Tier 3 knee-jerk reaction, this beauty from yesterday's papers (in this case the Tribune version) on those pesky runaway expats. I was shocked myself that there are apparently over 64,000 expats that are effectively missing. Gee, I wonder why, seeing as things are so great here for all expats, why 64,000 would abscond? I mean, the number seems to indicate about 50 expats per day go missing, or 'runaway'.

Or at least, I hope they absconded, and aren't just buried in the desert somewhere. Do you think the ROP would actually investigate any of these cases?

And the response is not to wonder why they runaway and perhaps think about what that means, but to enforce 'strict penalties'. Go Oman! The expat labourer's paradise...

Majlis A’Shura focuses on runaway expatriates
Muscat Majlis A’Shura held its 10th regular session of the first annual term under the chairmanship of HE Sheikh Ahmed Bin Mohammed Al Isa’ee on Sunday.

Omar Bin Ali Al Hosoni, deputy chairman, read out the legal committee report and pointed out that the study of the legal committee to the proposed amendments on the labour law has been delegated by Majlis A’Shura and was limited only to the articles to which the amendments will be introduced.

“The first part of the report addresses the issue of runaway expatriates by applying strict penalties, which the ministry believes, will provide a radical and decisive
solution to the problem which has a negative impact on job market,” he added.

Majlis A’Shura appr-oved the report of the legal committee on the proposed amendments to the labour law. The report included the recommendations of the committee and the proposed amendments on some of the labour law provisions, especially those related to the runaway expatriates.

The number of run-away expatriates, as at the end of 2007, stood at 64,487, a 33.97 per cent growth compared to the last two years, he said.
...

The propaganda machine moves into high gear on State Dept report.

Well well. Muscat Confidential is certainly out on a limb on the issue of the infamous US State Dept report. The Government Controlled press today (with the notable exception of the Tribune, the most independent paper we have) is full of detailed statements from lots of enthusiastic expats about how great Oman is to live in (a point of view which I fully agree with from the point of view of a highly paid professional), and how unfair the report is (which I disagree with, but can understand).

For examples see here in the
Times of Oman, and 2 articles in the Observer
here and here. Here's a couple of quotes from the Times piece:

Human trafficking in Oman? No way!
Anita Joseph
Saturday, June 21, 2008 12:37:20 AM Oman Time
MUSCAT — The wave of resentment unleashed in the Sultanate over the recent US report on human trafficking seems to be strong, with even Americans in the country frowning at the report.

“Oman is a very tolerant country, with proper laws and measures in place to prevent human trafficking,” says Fred Rowe, an American who has been living in the Sultanate for the last seven years. “I’m not sure how and why the US has come up with such a report,” he adds.
...
“Human trafficking? There is nothing like that over here. The report is extremely biased and unjustified, to say the least,” says Josie, a Dutch national who has been living in Muscat for the last 10 years. “The rules are very strict here and no one is allowed to come and go without proper documentation. That being the case, I can confidently say there is absolutely no trafficking of any sort happening here.”

Obviously, no quotes from any of the prostitutes in Oman, (but Mr Dragon, that’s because there aren’t any), nor from the many abused housemaids who fled to their embassies (a small number of people, a rare exception), or from the blue-suited labourers living in containers.

The reports also contain a marked shift in tone, with less strident whinging and more focus on ‘data’ (those quotes from Expats and extracts from the Basic Law), plus a statement making it clear that they do not want to annoy the Americans, as captured in the Observer:

Oman’s firm, yet civilised, reaction to the US report is a reflection of His Majesty the Sultan’s enlightened policies that espouse openness towards all nations of the world, while extending a friendly hand to all countries, including the United States with which Oman’s relations are deep-rooted. The Sultanate’s response, Omani officials confirm, will not impact negatively on these ties. On the contrary, the tenor and substance of Oman’s diplomatic response was aimed at putting the relationship inplacing relations on right shapefooting and working in favour of Oman-US bilateral relations.

Of course, I’d be more interested in hearing a statement from the Americans that 'The Sultanate’s response… will not impact negatively on these ties'.

As with all such debates, the repost from the Government contains many truths: yes, the basic law is clear, and yes, mostly the treatment of expats is very fair. And there is apparently a draft law specifically on Human Trafficking in the works. And I’d certainly rather be a subcontinent worker here than in Saudi or the UAE.

And yes, the US itself has a history, especially under the generally deplorable Bush administration, of some pretty shady acts and decisions.

But that was not what the report was saying. In fact, given the general truth in many of the comments printed today (even if I think they are not to the point), it shows how easily it would have been for Oman to even be ranked as Tier 1, if they had simply done a few small things instead of just talking about it.:
- enforce the basic law, by showing they are willing to prosecute, rather than just talking about it
- attach a penalty to the keeping of passports, and, again, enforce it
- pass a law making it illegal to travel overseas for the purposes of sex tourism
- educate those travelers heading to known countries for sex tourism
- do some sweeps to rescue the prostitutes and prosecute their pimps and customers
- establish a victim support unit for those prostitutes that are rescued
- publicise the rights of housemaids and labourers

This point of view is made clear in the report itself, where it states (on pg 11):

Some countries have held conferences and established task forces or national action plans to create goals for anti-trafficking efforts. While such activities are useful and can help to catalyze concrete law enforcement, protection, and prevention activities in the future, these conferences, plans, and task forces alone are not weighed heavily in assessing country efforts. Rather, the Report focuses on concrete actions governments have taken to fight trafficking, especially prosecutions, convictions, and prison sentences for traffickers, victim protection measures, and prevention efforts. The Report does not give great weight to laws in draft form or laws that have not yet been enacted. Finally, the Report does not focus on government efforts that contribute indirectly to reducing trafficking, such as education programs, support for economic development, or programs aimed at enhancing gender equality, although these are worthwhile endeavors.

This is to be compared to the typical statement from the Government that, by definition, there is not a problem (the reason for the original title of my rant).

Manpower Minister Dr Jumaa bin Ali al Jumaa, in a statement, dismissed any likelihood of human trafficking in the Sultanate. He stressed that the Sultanate, under the enlightened leadership of His Majesty Sultan Qaboos, has set in place institutions equipped and empowered to protect the rights of all citizens and residents. The Basic Law of the State, in its first article, stipulates that the Sultanate’s religion is Islam, which by its very tenets forbids and disdains any form of human trafficking, the minister said. This provision effectively eschews any possibility of the phenomenon being practiced within Oman’s territories, he noted. “The Basic Law of the State laid down comprehensive foundations for human rights, providing for the establishment of an independent judicial authority with a wide base of powers,” he stressed.

Hmmm. Still sounds like hear no evil, see no evil to me.

The debate Continues: Oman is Tier 3 - Fair comment, or Lies and distortion?

To enable the debate to continue on Oman’s Human Trafficking, here’s a chain of comments that happened on BlueChi’s blog, following my earlier angry rant on Oman’s public Tier 3 diplomatic lash-back. BlueChi has since blocked further comments on the thread, but suggested we “continue this awesome discussion over at Muscat Confidential…” (hint – he may have been a teeny bit sarcastic in that last comment…)

So here we are. Enjoy.

It is certainly a more open and quality dialogue than you will find in any of Oman's official media outlets. Personally, I find the repetition of the emotive and essentially factless response from the Foreign Ministry that started this (parroted by the Majlis, Times of Oman, Press Association) a great example of how effective propoganda can be, if you can push the right emotive buttons in the general population. In this case, the Government have essentially accused the American's of insulting Oman's world image, as some sort of vague political revenge for being nice neighbours with Iran.

In moving the story away from the facts of Oman's minimal real progress in dealing with Human Trafficking (by simply stating repeatedly that the report is groundless and untrue), and then following up with attacks in the vein of 'who are they to lecture us?' 'we, a brave proud nation with a deep tradition, will not be insulted by them', 'why don't they concentrate on Iraq and Afganistan before trying to pressure us with these lies', and general flag waving, HE the Undersecretary of the Foreign Ministry has indeed successfully diverted attention away from his abject failure to get Oman off Tier 3, i.e. his job, and onto how insulting the American's have been.

Brilliant. Brilliant, classic political communication.

I seriously doubt it would fool HM, but he certainly has BlueChi (and presumeably almost all the rest of the Omani population) on his side, which would make it hard for him to get sacked, wouldn't it? And the American's will understand that this is about internal and regional politics, and won't care a bit.

My congratulations, your excellency. If you could see me, I'm applauding.

Dragon

BlueChi
I just read an extremely irritating post by Muscat Confidential, Oman's number 1 blog for political gossip, I suggest that you read the latest post on Oman's 3 Monkeys where Mr Undercover Dragon states that:
The Americans are under a federal duty to say the truth so they will never make a lie and that makes everything in their report true.It does not matter that the report does not talk about the absolute scale of human trafficking (then what the hell are tier levels for?)Oman deserves this because it used to trade in slaves hundreds of years ago. Oman should take action for the prostitution that happens in Thailand. Undercover Dragon, as you can see, is very objective and has serious suggestions to make the Omani government, his analysis of foreign labour issues are spot-on and I suggest that the government takes his blog more seriously.

I don't understand, if UD thinks that Oman is so bad with foreign labour then why doesn't he just get the [censored] out?!
posted by Blue Chi at 7:55 PM on Jun 15, 2008

MMK080 said...
... I've known you for three years now. This is a new side of you I've seen today in this post. It's refreshing.
6/15/2008 11:21:00 PM

Balqis said...
hehe this is not a new side to me
Baloo, I myself do not like Undercover blog but is a fact that some things happen here, and those articles yesterday on local press were a shame
If as foreigners, we point that something needs to be done, that does not mean we dislike Oman, otherwise we would go out
This is not an easy country for an expat and there are many better, but personally I prefer it
If I criticise and especially about the treatment that some/many Omanis have for Asian workers, is because I think Oman can become a better place and sometimes we all should remember we're Muslims and behave accordingly
6/16/2008 04:21:00 AM

Undercover Dragon said...
Hey Blue Chi,

Firstly, let me clarify your gross mis-representations of my commments, none of which I actually 'state' [check out the original post].
YOU: 1/ The Americans are under a federal duty to say the truth so they will never make a lie and that makes everything in their report true.
UD: The State Dept. officials who are responsible for writing the report to Congress are obliged under Federal law not to lie in the report. (Unlike any statement presented in the Omani press so far by Omani officials.) Its not a generic statement. And it wouldn't make the report true, necessarily, but it's highly unlikely to be a deliberate lie. Reading their report, I also do not find a lie either. Do you? State it.

YOU: 2/ It does not matter that the report does not talk about the absolute scale of human trafficking (then what the hell are tier levels for?)
UD: The stated purpose of the report Tier catagories (if you bothered to read the report) is explicitly not the size of the problem, but about the institutions, laws, procedures, enforcement, treatment of victims, etc a country has in place. In additon, a country that does nothing to seek infringements of the law, or to systematically document cases, obviously can't demostrate the true size of the problem anyway.

YOU: 3/ Oman deserves this because it used to trade in slaves hundreds of years ago.
UD: No, certainly not. This was a point in response to the holier-than-thou statements by both the Foreign Ministry US and Al Zedjali that Oman has a deep rooted tradition of respect for human rights,in part because of Islam, and as a result the report was insulting. I was pointing out that a couple of hundred years ago, your deep rooted culture included being active slave traders. So, the moral high horse of a deep rooted culture is a bit rich.

YOU: 4/ Oman should take action for the prostitution that happens in Thailand.
UD: Well, yes and no. Its not your country, so not too much you could do about Thailand directly, but Oman should indeed take responsibility for trying to stop its citizens travelling to Thailand (or other countries) and engaging in sex with children, or indeed sex slaves. Many countries make it a crime to do so, and even prosecute their citizens on their return. You should think about that.

And lastly, I like it here. Its not an all or nothing situation. And I'm trying to improve things here for such people, not pretending everything's perfect or just running away. Sorry.

See what I meant about a cultural reluctance to accept criticism?

regards,
The Dragon
6/16/2008 10:37:00 AM

Muscato said...
You don't live up to your usual high standards with this post.

This region's hypersensitivity to criticism (and the accompanying, inevitable, "if you don't like it, leave" attitude) are among the most mystifying aspects of Gulf culture to outsiders...
6/16/2008 03:01:00 PM

Blue Chi said...
I am sure that you guys know that I am not one of those people who think that Oman is the best country in the world and I would not just post anything to deny what other people say about it. I am not a wannabe-political blogger either. If you noticed, my post did not say anything about what I thought of the report or even what I thought about how Oman is doing. People have written all over the Internet about the report since the start of this week, I have not responded to anything regarding it anywhere because I am generally apathetic about the subject matter!

I got seriously irritated by UD's post, the bulk of it was just a nonsense rant that has not factual basis (read my post above). I was even more enraged by all the responses made by people who seem to agree to that nonsense. (check UD's to see how many people responded saying 'spot-in').

I don't understand how UD is *trying to improve things here for such people* (check his post above) by projecting to the world that Oman is the worst country in the world. It is bad for the country, it is bad for the people, and it is just not nice.

Muscato, when you comment on the state of our country you do that under the belief that it is a 'right' that you have, and at the same when we comment on your criticism it becomes hypersensitivity to which we do not have the right to do.

What kind of self-centered arrogance is this?
6/16/2008 04:17:00 PM

aamnaa said...
Blue Chi you are absolutely right. I would suggest to stop reading his blog, i did. I am positive he cares more about the traffic he gets out of his gossip than what he pretends to care about.
What I find weird is when some bloggers presume the readers should subject themselves to the content they provide, otherwise they are reluctant to accept criticism!
6/16/2008 06:33:00 PM

NiGhTFaCe said...
That Thailand's point made me laugh really!
6/16/2008 10:45:00 PM

Undercover Dragon said...
BlueChi,

I'm afraid I don't mind that you got really irritated reading that post. But I defend your right to disagree, and to think my post was nonsense.

But here again, you argue with me by stating things that I haven't actually said, and then vehemently disagreeing with them and taking offense at them, ie :"projecting to the world that Oman is the worst country in the world". I didn't say that.

And criticism IMHO is not a bad thing, its how things can be improved.

What is "bad for the country, ...bad for the people, and ...just not nice" is when your Government fails to actually do the things they could have easily done that would have improved your country's treatment of expats, and gotten the US State Dept. to achknowledge it by rating you in Tier 2 (or even 1). Blaming the messenger is irrational and, in this case, counterproductive (if understandable).

Perhaps you could also consider, if my post was so factually incorrect and nonsense, why those people agreed with it? What is it that makes so many apparently intelligent and perceptive people who live in Oman see things going on around here so differently to that way you see them? Doesn't that interest you?

I know I find very interesting your country's (in my opinion) unwillingness to accept the report's findings despite being unable to offer a compelling argument based on facts to contradict it.

Perhaps you could also consider, who would be affected most by the sort of changes that would lift you to Tier 2 (or 1)? Who makes money from the curent situation, and who would loose out if those changes were made?

(oh, and I'm trying to improve things, not via my blog so much (thats for entertainment and occasional information and titillation), but in my personal life. Which you wouldn't know about.)

Cheers,
UD
6/17/2008 06:21:00 AM

Anonymous lurker said...
Blu Chi -

It's nice to see the other side of the argument, but I really do have to side with the dragon on this, because, well, your facts are simply not fact, and for all its bluster via the national papers, the Government of Oman has yet to actually come up with any hard evidence to dispute the reports claims - only that they dont like being in Tier 3. No one likes being told they are bad, but shouting via it's national papers and summoning the US ambassador and getting angry with him isnt going to fix it.

Of course the Government could, you know, actually start doing something about the problem.

And I know a good reason why Oman's really pissed about being Tier 3 - it affects how much foreign aid it receives from the US. Mind you Oman was Tier 3 last year and special dispensation was given for additional funding (US troop training goes on here) so it'll probably be given again.

I beleive this is a cultural difference blue chi - just because some of us have spoken out and do not agree with the Government of Oman's stance on the topic, doesnt mean we dont like it here, or that we are smearing Oman as a bad place to be. It just means that as (mostly) foreign workers, who have experience of life in at least 1 other country, we can easily see the difference in human rights here for some people.

If you tried witholding someones passport in Canada, France, Spain, UK, US, etc (for example), you'd be definitly fined, and depending on the severity of the situation, likley jailed too.

A passport for a foreign worker in a foreign country is the ONLY DOCUMENT that person can use to get home. By witholding it, you are effectivly jailing that person. And that is just wrong. wrong. wrong.

The report has been issued, and Oman is Tier 3 for 2008. If Oman wants to be Tier 2 or 1 for 2009, then they know what to do. Just because Oman's been labeled Tier 3 does not mean that USA hates Oman, does not mean that Oman sucks, does not mean that everyone in Oman is treated badly. It just means that there is a problem here, its serious, and in the eyes of professionals who are paid to track and report on Human Trafficking around the world, Oman is not doing enough. Oman has stated they disagree with this report, but has not given any reasons why, just to slander the US apparently is reason enough. That just highlights the situation that seems to be developing of Oman not accepting that there is indeed a problem.

I thank you for your comments on the subject, and I just want to re-stress that I, personally, am not out to smear Oman. Its a great place with tons of potential, but as Oman becomes more and more visible on the world stage, it will undergo more and more scrutiny from the outside world. If you cant take criticism, then you will never truly be enlightened, for it takes true humility to be great. None of us are perfect, you can only learn from your mistakes and move on. Embrace the knowledge that this country has to do more, and see what more can be done, instead of do nothing and shout at the US, because I promise you, that's not going to solve anything.
6/17/2008 02:27:00 PM

Leo Americanus said...
Blue Chi,
The attitude you show in your question as to "why doesn't he just get the [censored] out" goes a long way toward explaining the problems here. If you don't want the criticism and don't want foreigners here, then do the job. Maybe you do the job, but most don't. Across the Gulf, people complain about foreign meddling, but if they actually worked, and worked hard enough not to need foreign workers, then there would be less foreigners here and less foreign bloggers complaining about local problems. This may drive you into a tizzy, but consider.

Maybe because I once carried and placed blocks like an Indian, and have talked to the laborers and basked in their smiles and humanity, I am more inclined to accept UD's assertions. You should try it...
6/17/2008 08:43:00 PM

Blue Chi said...
Ladies and Gentlemen, thank you very much for your responses.

I think that all of us here had a fair chance to write a response, and now I suggest that you continue this awesome discussion over at Muscat Confidential, where Expert Expats who, unlike the rest of us Omani people, have lived in at least one other country, and, again unlike the rest of us, have once at least spoken to an Indian person, can provide us with all the answers we are looking for. (Example from the post above, Leo thinks that a solution for Oman's problem is to become self-sufficient so that we do not have any foreign labour to abuse - that is such an awesome idea! Huh?)
6/18/2008 03:36:00 AM

The US State Dept. report on Human Trafficking

Oh, here's the report card on HE. Seems pretty accurate to me.

Oman's company back in Tier 3 are here:
Algeria
Burma
Cuba
Fiji
Iran
Kuwait
Moldova
North Korea
Oman
Papua New Guinea
Qatar
Saudi Arabia
Sudan
Syria

Not the sort of club any respectable country would want to be officially named as being a part of, is it? And certainly not the company HM wants to be seen keeping. I think the Undersec is clearly a little worried about keeping his job...

Here's the link to the full report, if you're interested. And here's the report (full of lies, obviously) on Oman...

OMAN (Tier 3)
Oman is a destination and transit country for men and women primarily from India, Pakistan, Bangladesh, Sri Lanka, the Philippines, and Indonesia, most of whom migrate willingly as low-skilled workers or domestic servants. Some of them subsequently face conditions of involuntary servitude, such as withholding of passports and other restrictions on movement, non-payment of wages, long working hours without food or rest, threats, and physical or sexual abuse.

Unscrupulous labor recruitment agencies and their sub-agents at the community level in South Asia and the United Arab Emirates (U.A.E.) may also coerce or defraud workers into accepting exploitative work, including conditions of involuntary servitude, in Oman.

Oman is also a destination country for women from China, India, the Philippines, Morocco, and Eastern Europe who may be trafficked for commercial sexual
exploitation. The Government of Oman does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so. Oman failed to report any law enforcement activities to prosecute and punish trafficking offenses this year under existing legislation. The government also continues to lack victim protection services or a systematic procedure to identify
victims of trafficking among vulnerable populations, such as undocumented migrants and women arrested for prostitution.

Recommendations for Oman:
Enact legal reforms to prohibit all forms of trafficking, including forced labor, commercial sexual exploitation, and the use of force, fraud, or coercion in the recruitment process; significantly increase investigations and prosecutions of trafficking crimes, and convictions and punishment of trafficking offenders; institute a formal victim identification mechanism;
afford victims of trafficking protection services, such as medical, psychological, and legal assistance;
and cease deporting possible victims of trafficking.

Prosecution
Oman failed to report any progress in prosecuting or punishing trafficking offenses over the last year. Although Oman lacks a comprehensive anti-trafficking law, it prohibits slavery under Articles 260-261 of its Penal Code, which prescribes penalties of three to 15 years’ imprisonment. Oman also prohibits coerced prostitution through Article 220, with prescribed penalties of three to five years’ imprisonment. Prescribed punishments for both crimes are sufficiently stringent and commensurate with penalties prescribed for other grave crimes. Although Royal Decree 74 prohibits forced labor, the prescribed penalties of up to one month in prison and/or fines are not sufficiently stringent to deter the offense. A legally enforceable circular prohibits employers from withholding workers’ passports; the circular, however, does not specify penalties for noncompliance, and the practice continues to be widespread. The government did not report any arrests, prosecutions, convictions, or punishments for trafficking offenses under these laws in the last year and has taken no active measures to criminally investigate trafficking in persons. In 2008, the Ministry of Manpower (MOM) received 297 grievances from laborers, including some possible trafficking cases; the ministry negotiated all but 12 of these cases out of court. Oman did not report enforcing any criminal penalties against abusive employers.

Protection
During the reporting period, Oman made no discernible efforts to improve protection services for victims of trafficking. The government does not provide shelter services, counseling, or legal aid to trafficking victims. Oman also lacks a systematic procedure to identify victims of trafficking among vulnerable groups, such as migrants detained for immigration violations and women arrested for prostitution. Furthermore, workers who are trafficking victims and have fled from their abusive employers without obtaining new sponsorship are subject to automatic deportation if detained by the authorities. Such victims may be reluctant to report abuse or participate in investigations for fear of detention and deportation. Oman does not offer foreign trafficking victims legal alternatives to removal to countries in which they may face hardship or retribution.

Prevention
Oman made modest efforts to prevent trafficking in persons during this reporting period. The MOM published and began distributing a brochure in nine languages, including Urdu, Hindi, and Malayalam; these brochures provide information on rights and services available to migrant workers, as well as the contact information for the Ministry’s 24-hour labor abuse hotline. The MOM also hired approximately 100 new labor inspectors and, in cooperation with the ILO, trained them in the requirements of core ILO conventions and how to recognize the signs of trafficking in persons.
The government did not take any known measures during the reporting period to reduce the demand for commercial sex acts, or educate its citizens about child sex trafficking, including thorough public awareness campaigns targeting citizens traveling to known child sex tourism destinations.

Oman still Tier 3 and the Foreign Ministry is really pissed off about it

Sorry about the lack of posts this week, Ive just been too busy work-wise.

But this lead Oman News Agency story from yesterday forced me to suck it in and make some time. I had to laugh out loud when driving to work and I heard the top story: that Oman's Foreign Ministry, through spokesman Sayyid Badr bin Hamad bin Hamoud Al Busaidi, the secretary-general, stated that they had officially complained to the US ambassador that the recent report on human trafficking was unfair, full of lies, and obviously untrue. Obviously.

He sounded pretty pissed off. As well he should be, not because Oman doesn't deserve Tier 3 (they do), but because I bet His Majesty is super-dooper mad with the Foreign Ministry for not getting Oman out of Tier 3, despite his explicit instruction that they do so.

This is why over the past year we're had a workshop on human trafficking (and sponsored by the Foreign Ministry, not the ROP), a royal decree stressing that human trafficking is illegal (which it was already), press reports on how bad human trafficking is and how fantastic Oman's police have been in combating it, and leaflets for (some) sub-continent workers.

And Al Busaidi was rather miffed that all that 'effort' had been for nothing. Oman is still officially rated by the US state dept as a very naughty country. WTF? You bet HM will be pissed off. The press release was a classic CYA move.

Perhaps Sayyid is yet to learn that the rating is based on actually doing something, and not on just talking about doing something. And certainly not based on talking about maybe planning to do something, or a few propaganda stories in the ever pliant media.

Workers from the subcontinent continue to have their passports taken, worked 7 days a week, 12 hrs a day (or more), paid less than a 100 dollars a month, with no right to leave their employer for another. Maids continue to be abused. Indian and Iranian women held as forced prostitutes in Ruwi, or Chinese girls openly made to sell sex with their pimps there to supervise. And no prosecutions.

Times Of Oman

Sultanate rejects US allegation of human trafficking
ONA
Wednesday, June 11, 2008 12:23:17 AM Oman Time
MUSCAT — The Sultanate has rejected and protested the latest US state department’s report on human trafficking citing Oman for the second year among countries that have made no efforts to fight this global issue.

It said that the faulty report doesn’t tell the truth, shows the Sultanate in bad light, and shows the shortsightedness of the US views. Besides, it doesn’t reflect the real life situation of the citizens and expatriates in the Sultanate.

The above had been quoted by Sayyid Badr bin Hamad bin Hamoud Al Busaidi, secretary-general of the Foreign Ministry, in reply to journalists’ questions yesterday regarding the Sultanate’s stand on the US State Department’s report, and measures taken by the Sultanate in this regard.

He said that he met with the US ambassador to the Sultanate on Monday and handed over to him an official protest note, informing the Sultanate’s rejection of the misleading information and incorrect allegations mentioned which contradict the reality.

He added that everyone knows that the Sultanate is renowned for its serious cooperation with the international community in combating crime and that the competent authorities in the Sultanate are very serious on cracking down, arresting and punishing perpetrators of all crimes and not human trafficking which has become a global issue..... etc

OK. I agree its a bit rough being rated in the lowest category when the UAE is rated as Tier 2. They are far worse. Maybe now we'll actually see some real action. But don't hold your breath. Expect another conference soon...

Leaflets to explain lack of rights of Expatriate Workers, and other news

In the news today:

Leaflets for Expatriates
Expatriate employees have good reason to be thankful to the faceless bureaucrats at the US Dept of State. In a further part of the Sultanate’s attempt to be removed from lowly Tier 3 of the US State Dept's Country categories on Human Trafficking, the Government is (apparently) finally issuing 'leaflets' to the poor manual workers and domestic staff here. See the article in the hard-hitting journalistic triumph that is The Times of Oman

This of course comes on the heels of the ‘Conference to Raise Awareness on Human Trafficking’ I blogged about earlier. The real reason for all this activity is the US Congress has yet to ratify the Free Trade Agreement with Oman, and they are certainly loath to do so (now they are Democratically controlled) for a country that is still officially considered to exploit vulnerable foreign workers.

Of course, the article doesn’t explain how the poor workers are to be given these leaflets. Nor does the article mention the illegality of employers confiscating people’s passports (which is still common practice here). But I guess it's progress!

Naughty Health Clubs, Massage Parlours OK
The ROP and Dhofar have closed 19 health clubs for not properly segregating men and women. more Times of Oman.

Sheikh Salim bin Aufait Al Shanfari, chairman of Dhofar Municipality, said the municipality in cooperation with the Royal Oman Police and the Ministry of Commerce and Industry had set terms and conditions for health clubs operating in the governorate including allocation of separate entry points for men and women among others.

Hmmm. Naughty naughty. Of course, the Thai [generally real], Russian [the expensive - ie white girl with big breasts - happy ending] and Chineese [ie cheaper asian smaller breasts happy ending] massage parlours are still doing a roaring trade. Excellent!

News definitely NOT in the News
After the republishing of the infamous cartoons in Denmark (the real ones, not the extra bad ones the Imam's invented, naturally), in response to the busted death plot against the cartoonist by 3 Muslims, the 'net is awash with vitriol and calls for everything from boycotts to further assassinations. The usual riots occurred in Pakistan, plus we saw Sudan & Yemen blocking entry to all Danes, etc etc.

And not a peep reported in the Omani media. I guess one of the benefits of a state controlled media. I'd wager the local Immams have not been saying anything official either.

When in doubt, hold a Conference!

Sometimes it seems as if 50% of Oman’s Government employees are at some conference or workshop, somewhere, all the time. Yes, this time it’s a conference on Human Trafficking (see the awesome Times of Oman, December 17th). Of course, reading the incisive reportage from the Omani 4th Estate it seems a great idea and original initiative, held under the auspices of the Oman Prosecutor General Hussein bin Ali Al Hilali with the theme ‘Public Awareness in combating human trafficking and the collective responsibility’. Wow. And apparently we are assured a draft decree is in the works.

Aside: Dragon notes that Prosecutor General Al Hilali is a very fantastic person who is doing a wonderful job.

What the newspapers are not pointing out, naturally, is the real reason for such sudden interest in the problem. Recently the US State Dept listed Oman as a Tier 3 country with regard its lack of efforts to combat the problem of human trafficking – the lowest rating, placing Oman along side such tourist wonder-zones as North Korea, Saudi Arabia and Sudan. More ominously, the US Senate mused about sanctions for such countries, and certainly weren’t too impressed to have just entered into a Free Trade agreement with such a state. OK, US politics play a part of course. But a huge embarrassment for the Government.

Hint: This is why such a legal and public awareness themed gathering is actually sponsored by the Oman Foreign Ministry.

I’d recommend reading the complete Oman country report highly, its really good (and free) US State Dept. report on Oman Human Rights
And, actually, there is a lot of good stuff in the report too, because while I like to criticize because I think things can always be made better, in many ways Oman is pretty civilized and has done a huge amount of good things. Especially obvious when compared to their many and totally fucked up neighbours [Saudi, Yemen, UAE, Iran, Qatar, Pakistan].

Omani official sensibilities were somewhat disturbed by the report when it was issued, to the extent that several Government Officials were even reported in the Omani press defending their [rather poor] record on the issue (which shows how big a deal it had become, making one suspect the report had reached the attention of the highest levels of government). They failed to realize that the State Dept. bureaucrats actually focused on demonstrable action, like laws against human trafficking, actual arrests and prosecutions, victims not being arrested and deported, institutions in place and funded to protect the victims, police resources to enforce, evidence that foreign workers basic human rights are actually protected, and a clear commitment to improve things. None of which applied to Oman.

Hence, this conference, and maybe a law soon. Expect the pliant press to play their role with some preachy stories too. Unfortunately, just talking about it and being seen trying to be seen trying to be doing something about it (the typical government response to any issue, see recent action on inflation, Gonu, …) may well be enough to lift the country into Tier 2 [where the UAE is]. As opposed to actually doing anything.

Like prosecuting the pimps and importers of the prostitutes, or their clients. Or actively protecting the rights of Indian and Philippino workers. Or prosecuting the employers who illegally confiscate passports of expats. Or making it easier for those abused Philippino and Indonesian housemaids to complain about the violence and rapes, the 7-day week 18 hr days work, the not being paid, etc. Or protecting the Indian building workers here on less than 100 rials a month and made to work in flip-flops, up on rickety scaffolding with no safety kit what-so-ever. The list goes on.

But, the Ministry boys have probably called it right. A conference, some press reports, and a specific law will probably be enough for the diplomats to convince the US State Dept. that they have enough to elevate Oman to Tier 2 in the next report. Problem solved.

So, wonderful news for exploited expats and trafficked sex workers in Oman. A conference! Well done lads!