[ Human Trafficking, Country-by-Country ]
OMAN (Tier 2) – Extracted in part from the U.S. State Dept
2023 TIP Report
The Government of Oman does
not fully meet the minimum standards for the elimination of trafficking but
is making significant efforts to do so. The government demonstrated
overall increasing efforts compared with the previous reporting period,
considering the impact of the COVID-19 pandemic, if any, on its
anti-trafficking capacity; therefore Oman remained on Tier 2. These
efforts included initiating prosecutions of alleged labor traffickers,
including an Omani national, convicting sex traffickers and upgrading its
specialized anti-trafficking police unit to increase capacity to
investigate trafficking cases. Officials also identified more
trafficking victims overall, including labor trafficking victims.
Following reports of African and Asian domestic workers being subjected to
indicators of forced labor by their employers in Oman, the government also
suspended the issuance of visas for citizens of such countries and no
longer allowed nationals from such countries to arrive on tourist visas and
convert them to work visas to prevent exploitation of such workers in
Oman. However, the government did not meet the minimum standards in
several key areas. The government investigated and prosecuted fewer
alleged traffickers overall compared with previous years and did not
convict any traffickers for the forced labor of migrant workers – the
largest trafficking problem in Oman – for the fifth consecutive
year. Although it investigated some forced labor cases, these efforts
were inadequate considering the reported scale of domestic servitude cases
involving more than 1,000 nationals from at least 19 countries in Oman
during the year that the government did not investigate or criminally
prosecute. Instead, officials continued to routinely use arbitration
and administrative penalties to resolve grievances filed by migrant
domestic workers. Additionally, in some cases exploited workers were
forced to pay “release fees” to their sponsors or employers in
order to leave the country prior to their contract expiration, which likely
perpetuated unidentified victims’ trafficking situations if they
could not pay to secure their release. In some cases, the government
also likely further penalized unidentified domestic servitude victims
through arrest and detention, including for “absconding”
charges filed by their employer. Domestic worker legal protections
remained weak, and hotlines and grievance mechanisms were reportedly
inaccessible for some workers. Finally, the government did not
consistently hold recruitment agencies accountable for domestic worker
mistreatment or labor law violations.
Prioritized Recommendations
Significantly
increase efforts to investigate, prosecute, and convict traffickers,
including Omani nationals and recruitment agencies, of forced labor crimes,
specifically of migrant workers, including domestic servitude.
Given
concerns of domestic workers being exploited in conditions indicative of
forced labor by Omani employers, thoroughly investigate reports of abuse
and consider such cases as potential trafficking cases if indicators are
present, and refer potential labor trafficking victims to care, instead of
returning the worker to their alleged trafficker.
Implement
Ministerial Decision 189/2004 to allow domestic workers – in cases of
abuse – to terminate a contract without notice and without paying
“release fees” as penalty for early contract termination and
penalize employers, sponsors, and recruitment offices who demand such fees
from workers.
Operationalize
the newly developed NRM and train officials on procedures to proactively
identify and refer to care both male and female trafficking victims among
vulnerable populations, such as migrant workers, including domestic
workers, persons in commercial sex, and those who flee abusive employers
and situations of forced labor, and prevent the penalization of
unidentified victims by utilizing formal screening protocols.
Expand
labor law protections to, and enforce legal protections for, domestic
workers.
Continue
to expand trainings for officials involved in criminal investigations and
for hotline operators to ensure accurate characterization of trafficking
crimes and ensure hotlines and other grievance mechanisms are accessible
for workers to submit complaints.
Hold
non-compliant recruitment offices criminally accountable for domestic
worker mistreatment or violations of the labor law by increasing
inspections and enforcing adequate penalties.
Investigate
officials allegedly complicit in trafficking crimes and pursue criminal
prosecutions if trafficking indicators are present.
Impose
dissuasive penalties on employers and recruitment agents who withhold
foreign workers’ passports.
Increase
use of specialized trafficking units within the Ministry of Labor (MOL),
the Royal Oman Police (ROP), and Public Prosecutor’s Office (PPO) to
investigate indicators of potential trafficking crimes, specifically those
that originate as labor violations.
Ensure
effective implementation of recent reforms to the sponsorship-based
employment system by increasing awareness of reforms among migrant worker
population and employers.
Disseminate
to stakeholders the decision that allows potential victims to self-refer to
protective services and amend the provision that stipulates they can only
reside in the shelter long-term if they file charges against, or there is a
corresponding prosecution of, an alleged trafficker.
Fully
implement the NAP for 2021-2023.
Continue
to conduct country-wide public awareness campaigns on all forms of
trafficking, specifically targeted to vulnerable populations, including
domestic workers and their employers.
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