OHRC responds to report regarding workers from Malawi

Muscat: The Oman Human Rights Commission (OHRC) has responded to a documentary report broadcast by the BBC Africa channel about female workers of Malawi nationality in the Sultanate of Oman, who were subjected to human trafficking.

A statement said that workers did not communicate with OHRC or the authorities concerned with protecting workers’ rights in the Sultanate of Oman, which have the means to receive 24 hours a day.

"The Omani laws and legislation guarantee workers’ rights, such as their obtaining a monthly wage, providing decent living, and humane treatment that preserves workers’ rights and dignity," the statement said.

The report indicated that 50 Malawian workers were deceived by recruitment offices in their country, which requires the government of Malawi to investigate the issue on its soil.

As for what was raised in the report regarding the domestic worker who died in the territory of the Sultanate of Oman in 2023, the committee verified the published matter and proved that the cause of death was natural due to a sharp decline in blood circulation, and there is no criminal suspicion.

The BBC report was published five days ago.

Response of the Oman Human Rights Commission to the Broadcast by BBC-Africa

Oman Human Rights Commission (OHRC) observed the documentary film and report broadcast by BBC Africa regarding female workers from the Republic of Malawi who were allegedly subjected to human trafficking according to the network's report. Consequently, the OHRC expresses concerns about the condition of these workers who were allegedly harmed as a result, and without it being reported to the Oman Human Rights Commission nor to the national bodies for protecting workers' rights in the Sultanate of Oman.

As per the OHRC’s mandates stipulated under article (11), paragraph (3), of Royal Decree No. 57/2022, to respond to any observations raised by government or non-government international organizations in the field of human rights within the Sultanate of Oman, and to verify and respond to the information contained therein, Oman Human Rights Commission would like to clarify the following:

1- The report dealt with 50 women domestic workers of Malawian nationality without sufficient details on those cases regardless of a few cases. Furthermore, the report mentioned that those cases had previously left the Sultanate of Oman.

2- As per the report, female workers were deceived by recruitment agencies in their home country, therefore, the Malawian Government should investigate and address the issue domestically.

3- The report further verified that female workers had been in contact with international organizations and civil society located outside Oman through social media, demonstrating their capability to utilize such channels to reach out to national mechanisms in Oman dedicated to protecting workers' rights. Such national mechanisms allocated several means (social media) to receive communications available 24 hours, accordingly these workers may access various communication channels. Additionally, they could have informed airport authorities of their refusal to travel back to their home countries until their rights were settled if the recruitment agency insisted on their travel.

4- The report contains inaccurate information that contradicts the actual situation in Oman, as highlighted by the non-governmental international organization “Do Bold”. The organization emphasized that workers in Oman are not able to substitute their employers and are not permitted to leave the country under dire circumstances. On the other hand, according to The Oman Labor Law, employers are prohibited from subjecting workers to any form of forced or compulsory labor as stipulated under Article (5).

Additionally, as per Article (6), employers are not allowed to confiscate workers' passports or personal documents.

5- The "Do Bold" organization did not contact the Oman Human Rights Commission about the incidents mentioned within the report. However, "Do Bold" regularly interacts with the Commission concerning female workers from different nationalities, and OHRC promptly responds to assist, intervene, and find solutions for such cases.

6- The report addressed the death of Aida Chiwalo, a domestic worker who tragically died in Oman in 2023. The reason for her death remains unknown, and the report suggests that she was neglected by the Employment Office in Oman.

Based on the published report, Oman Human Rights Commission confirms that it received two complaints only from Malawian female domestic workers in 2023, regarding breaches of their employment contracts by the recruitment agency. In collaboration with the Ministry of Labor, legal actions were initiated against the agency owner, which bore all financial costs, and the two workers were repatriated to their home countries.

Regarding the correspondence received by OHRC from “Do Bold”, only one communication was received concerning a Malawian domestic worker.

The organization was asked for further information about the worker. However, the organization later informed the Commission's working group that the issue had been resolved with the employer through alternative means resulting in the worker's repatriation, without requiring intervention from the Oman Human Rights Commission. No further details about the worker were shared with the Commission.

Workers' rights

The committee emphasizes that Omani laws and legislation guarantee the rights of workers, including domestic workers, and guarantee that they receive the agreed-upon monthly wage for work within a period not exceeding seven days from the end of each month, the provision of appropriate food and housing, and the provision of medical treatment by the employer for the duration of the contract. The law also requires that domestic workers receive rest periods from work during the day, in addition to obtaining a weekly rest period of one day, and obtaining leave after the period agreed upon in the employment contract, with an emphasis on decent humane treatment that preserves the worker’s dignity.

The domestic worker receives a travel ticket to return to her country, which the recruitment office will bear within 180 days from the date of the worker’s arrival if it is proven that the worker’s profession is contrary to the profession specified for him in the recruitment license, or that he suffers from a mental or infectious disease, or has a disability that does not enable him to perform his work.

The domestic worker can obtain a travel ticket to return to her country, the cost of which will be borne by the employer after the end of the contract period, or due to the employer’s breach of the contract.

Laws in Oman

The Sultanate of Oman applies a legislative system that guarantees workers’ rights, following international labor standards, the Basic Law of the State, the Omani Labor Law, ministerial decisions, Convention 105 regarding the abolition of forced labor, Convention No. 29 of the International Labor Organization regarding forced labor, and the International Convention to eliminate all forms of racial discrimination.