Muscat: The Sultanate of Oman has taken many measures to protect workers from exposure to exploitation or human trafficking, including issuing the new labour law issued via Royal Decree No 53/2023, which includes prohibition of forced labour and related practices.
This was stated by Shaikh Khalifa bin Ali al Harthy, Under-Secretary of the Foreign Ministry for Diplomatic Affairs and Chairman of the National Committee to Combat Human Trafficking ( NCCHT) during the 5th session of the Government Forum to Combat Human Trafficking in the Middle East. The forum held in Muscat, aims at devising a cohesive strategy to address this issue.
Speaking on the occasion, Shaikh Khalifa drew attention to the dire situation in the Gaza Strip and emphasised the atrocities of killings, starvation, and displacement inflicted by the Israeli occupation forces, highlighting the evident double standards and inconsistency in principles and stances.
He said a team comprising various government entities was formed to enhance bilateral cooperation with countries exporting labour. This team visited 10 countries with the aim of signing memoranda of understanding in the fields of labour and combating human trafficking.
Additionally, the Wage Protection System was launched, which is a joint electronic system between the Ministry of Labour and the Central Bank of Oman. It aims to monitor wage disbursements in private sector establishments and track them to ensure compliance with transfer of salaries of workers to their accounts in approved local banks, as stipulated in Article (87) of the Labour Law.
The Sultanate of Oman also established a Joint Inspection Unit between the Ministry of Labour and the Public Authority for Security and Safety, aiming to enhance the quality and efficiency of inspection operations, increase effectiveness in performing related tasks, and support inspection operations with security assistance services. This initiative positively impacts the intensification of inspection campaigns on non-compliant establishments and unregulated labour, as well as simplifying procedures for workers.
The new labour law issued by Royal Decree No 53/2023 comes with a set of rules that guarantee the rights of workers and protect them from being exposed to human trafficking. It is prohibited for the employer to impose any form of forced labour on the worker as per Article 5. The penalty for violating the provision of this article has been determined by imprisonment of up to one month and a fine of up to RO 2,000. It is impermissible to keep the worker's passport and private documents without his or her written consent under Article 6. Not assigning the worker to work that differs from what was agreed upon in the contract except in specific cases and temporarily under the provisions of Article 53.
The law allows the worker to terminate the contract while guaranteeing all his rights and compensation if he is exposed to fraud during the contract, non payment of wage for more than two consecutive months, or assaulting him, etc., according to Articles (11,12). The law also prohibits advertisement and promotion of employment, classifying the basis of creed, colour, or caste, and advertising them in a manner that humiliates their dignity under the provision of Article 32. It is prohibited to take any sums from the worker in return for his employment under Article 31, which is liable to a penalty of up to one month in prison and a fine of RO 5,000.
Workers shall be exempted from judicial fee for all lawsuits filed by workers, or by their beneficiaries under Article 13. It is prohibited for the employer, under Article 29 to allow any non-Omani worker who has been licensed to employ them, and for whom a license to practice has been granted, to work for others, except after notifying the ministry electronically.
A worker may not be employed for more than eight working hours per day under Article 70. The employer is not discharged from the worker's wages unless he transfers wages to his account in a local bank or financial institution licensed by the Central Bank of Oman (CBO).
Representing the Kingdom of Jordan, Dr Ahmed Nori, Minister of Justice, said that our region has become vulnerable to cross-border illicit activities, with drug trafficking and human trafficking being among the most dangerous. This necessitates cooperation and coordination between our countries to combat these transnational crimes and pool efforts to close the gaps exploited by organised crime syndicates to carry out their activities."
Dr Nori assured that in 2009, aiming to combat human trafficking in all its forms, prevent perpetrators from escaping punishment, and provide necessary protection and assistance to victims, a specific law was issued — the Anti-Trafficking in Persons Law No (9) of 2009, which defined the crimes of human trafficking.
Dr Nibras bin Mohammed, CEO of the Labour Market Authority, Kingdom of Bahrain, said that Bahrain’s position is firm on the crime of trafficking in persons in all its forms and manifestations. The constitution of the Kingdom of Bahrain completed the legislative process by prohibiting forced labour in explicit terms, followed by Law No (1) of the year 2008 regarding combating trafficking in persons, noting that it was not the first, as it was preceded by other legislation represented in the provisions of the Penal Code issued by Decree Law No (15) of 1976 and its amendments, which criminalises some forms that intersect in some aspects with the crime of trafficking in persons, such as withholding wages and prostitution. This prevents it from developing into a trafficking crime at a later time.
Likewise, other Middle East countries like Egypt, Kuwait, Qatar, Saudi Arabia, and the United Arab Emirates shared their experiences and legislations on combating human trafficking. All stressed on their continuous and growing efforts to combat human trafficking crimes, driven by its commitment to the principles of Islamic sharia, which prohibit all forms of exploitation that undermine human dignity.
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