Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Oman (Ratification: 1998)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant workers to imposition of forced labour. 1. Migrant workers. The Committee notes that migrant workers are covered by Labour Law No. 35 of 2003 (Chapter 2: Regulation of foreigners’ work). The Committee notes the Government’s indication in its report that under section 43 of the Labour Law, the employment contract between the migrant worker and the employer shall be terminated in the following cases: (i) the expiry of its period or completion of the work agreed upon; (ii) the death of the worker; (iii) disability of the worker to perform his work; (iv) resignation or dismissal of the worker or abandonment of the work in accordance with the provisions of this law; and (v) sickness of the worker to an extent that compels him to discontinue his work for a continuous or an interrupted period of not less than ten weeks during one year. The Committee also notes that under the Labour Law, the procedures for termination of employment in the case of a contract of limited or unlimited duration between the employer and the migrant worker are similar to those applicable to national workers. It notes that either party can terminate the contract after notifying the other party in writing 30 days before the date of the termination of the contract. Moreover, the worker may abandon the work before termination of the contract period in case of abusive practices (section 41 of the Labour Law).

The Government further indicates that since 2014, an electronic wage protection system has been established to guarantee that migrant workers’ salaries be paid on a regular basis and on time. The Committee also notes the statistical information provided by the Government with regard to the number of employment transfers that took place in 2014 and 2015. It notes that in 2014, 439 workers transferred to new employers, whereas in 2015, the number was 824 workers. The length of the procedure for changing an employer has been estimated to be one month.

The Committee notes furthermore that in its concluding observations of 2016, the Committee on the Elimination of Racial Discrimination (CERD) of the United Nations expressed its concern about the persistence of the kafala system in the State party that governs the employment of migrant workers and places them in a highly dependent relationship with their employers, which may involve unpaid salaries, unilateral cancellation of work permits by their employers, poor and unhygienic living conditions or confiscation of their passports. The CERD is also concerned about the small number of cases brought before the courts despite the large number of complaints, as well as the limited information provided on the outcomes of complaints submitted by migrant workers (CERD/C/OMN/CO/2-5, paragraph 19).

In this regard, the Committee urges the Government to strengthen its efforts to ensure that migrant workers are not exposed to practices that might increase their vulnerability to imposition of forced labour. The Committee requests the Government to take the necessary measures to ensure that the electronic wage protection system is implemented effectively, so that all wages which are due are paid on time and in full, and that employers face appropriate sanctions for non-payment of wages. Given the extremely high number of migrant workers in the country, and the low number of employment transfers (824 in 2015), the Committee requests the Government to take the necessary measures to facilitate the transfer of migrant workers to another employment relationship. In this regard, the Committee asks the Government to continue to provide information on the number of employment transfers that take place in practice. Lastly, the Committee requests the Government to provide statistical data on the number of migrant workers who have filed complaints regarding the issues of passport confiscation and unpaid salaries, on court decisions handed down in this regard, as well as on the penalties that have been imposed in practice.

2. Migrant domestic workers. In its earlier comments, the Committee noted that migrant domestic workers are not covered by the Labour Law. It noted that their work is regulated by Ministerial Order No. 1 of 2011, relating to the recruitment of non-Omani workers by private employment agencies, as well as the model contract for recruiting migrant domestic workers. The Committee requested the Government to indicate the measures taken to facilitate the transfer of a migrant domestic worker’s services to a new employer, so that these workers can freely terminate their employment and do not fall into situations that could amount to forced labour.

The Committee notes the Government’s reference to Ministerial Decree No. 189/2004 on the Special Terms and Conditions of Domestic Workers which describes the employment conditions and terms of reference of domestic workers. The Committee notes that under section 8 of the Ministerial Decree, the contract of work can be terminated in the following cases: (i) the death of one of the parties; (ii) unilaterally by the employer provided that one month’s notice is given; (iii) unilaterally by the worker provided that one month’s notice is given or in the case where the worker has been abused by the employer or a member of the employer’s family. The Committee also notes that under section 7, the migrant domestic worker cannot work for another employer before completing the procedure of changing to another employer according to the national regulations. The Committee observes that section 6(e) of the model contract also provides for the same restrictions. In addition, the Committee notes that the CERD expressed its concern that domestic workers, mostly women who are foreign nationals, are excluded from the ambit of national labour laws. The Committee also notes that the CERD was concerned that, as a result, domestic workers are deprived of fundamental rights and subject to a higher risk of abuse, including sexual exploitation, by their employers (CERD/C/OMN/CO/2-5, paragraph 21).

The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant domestic workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore urges the Government to take the necessary measures, in law and in practice, to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. The Committee requests the Government to indicate the manner in which migrant domestic workers, can exercise, in practice, their right to freely terminate their employment, so that they do not fall into abusive practices that may arise from the visa “sponsorship” system. The Committee also requests the Government to provide information on the modalities and the length of the procedure for changing an employer for migrant domestic workers.

Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Human Trafficking Act of 2008. The Committee notes the Government’s indication in its report that five criminal cases related to trafficking in persons were registered in 2014. In one case, the perpetrators were condemned, and in the second case the procedure is still ongoing. The three other cases were closed due to lack of evidence.

The Committee observes that in its concluding observations of 2016, the CERD expressed its concern that the country is a transit and destination country for human trafficking, primarily for migrants from India, Pakistan, Bangladesh, Sri Lanka, the Philippines and Indonesia, mainly for the purposes of forced labour and, to a lesser extent, forced prostitution. The Committee further notes that the CERD was concerned about the limited number of investigations into this matter, the lack of information in court cases and sentences handed down in trafficking cases (CERD/C/OMN/CO/2-5, paragraph 23). In this regard, the Committee requests the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons, and to provide information on the measures taken in this regard. The Committee also requests the Government to indicate the measures taken to ensure that all persons who engage in trafficking are subject to prosecution and that in practice, sufficiently effective and dissuasive penalties are imposed. Lastly, the Committee requests the Government to provide information on the application of the Human Trafficking Act in practice, including the number of investigations and prosecutions, as well as the penalties applied to those convicted.

2. Protection of and assistance to victims of trafficking. In its previous comments, the Committee requested the Government to take the necessary measures to strengthen mechanisms for the identification of victims of trafficking and to provide information in this regard. The Committee notes the absence of information in the Government’s report with regard to the measures taken to identify victims of trafficking. The Committee notes however the Government’s indication that the Wifaq shelter of the Ministry of Social Development is in charge of providing assistance to victims of trafficking, including health and psychological services. The Committee notes that in 2014, 11 victims benefited from the assistance, and one victim in 2015 (from February until July). The Committee requests the Government to take the necessary measures to strengthen the capacity of law enforcement officials to identify cases of trafficking. The Committee also requests the Government to pursue its efforts to provide protection and assistance (including medical, psychological and legal assistance) to victims of trafficking, as well as to provide information on the number of persons benefiting from such assistance.

The Committee is raising other matters in a request addressed directly to the Government.