Cablegate: Jordan: Input for the 2010 Trafficking in Persons

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DE RUEHAM #0456/01 0561127
ZNR UUUUU ZZH
R 251127Z FEB 10
FM AMEMBASSY AMMAN
TO RUEHC/SECSTATE WASHDC 6964
INFO RUEHAD/AMEMBASSY ABU DHABI 0040
RUEHGB/AMEMBASSY BAGHDAD 6405
RUEHLB/AMEMBASSY BEIRUT 3192
RUEHEG/AMEMBASSY CAIRO 0059
RUEHLM/AMEMBASSY COLOMBO 0251
RUEHDM/AMEMBASSY DAMASCUS 4356
RUEHKA/AMEMBASSY DHAKA 0224
RUEHHI/AMEMBASSY HANOI 0037
RUEHJA/AMEMBASSY JAKARTA 0196
RUEHKT/AMEMBASSY KATHMANDU 0111
RUEHMK/AMEMBASSY MANAMA 0746
RUEHML/AMEMBASSY MANILA 0194
RUEHNE/AMEMBASSY NEW DELHI 0368
RUEHRB/AMEMBASSY RABAT 0479
RUEHRH/AMEMBASSY RIYADH 2319
RUEHTV/AMEMBASSY TEL AVIV 2068
RUEHTU/AMEMBASSY TUNIS 1103
RUEAWJB/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC

UNCLAS AMMAN 000456

SIPDIS
SENSITIVE

STATE FOR G/TIP, INL, DRL, PRM, NEA/ELA, AND NEA/RA

E.O. 12958: N/A
TAGS: KTIP ELAB PHUM KWMN SMIG JO
SUBJECT: JORDAN: INPUT FOR THE 2010 TRAFFICKING IN PERSONS
REPORT, PART 2

REF: A. AMMAN 383
B. AMMAN 274
C. STATE 2094
D. 09 AMMAN 2339
E. 09 AMMAN 2254
F. 09 AMMAN 2074
G. 09 AMMAN 2073
H. 09 AMMAN 1424
I. 09 AMMAN 1179
J. 09 AMMAN 856
K. 09 AMMAN 706
L. 09 AMMAN 459
M. 09 AMMAN 429
N. 09 AMMAN 242
O. 09 AMMAN 230
P. 09 AMMAN 189

39. (U) (27/F) Government officials received specialized
training on the identification, investigation, and
prosecution of trafficking throughout the year as part of
several donor-funded programs. The government continues to
request additional technical assistance and training,
especially for the planned joint police-labor inspector TIP
investigation unit. The following training has occurred
to-date:

-- The International Organization for Migration (IOM) has
trained nearly 300 PSD borders and residency personnel on
identification, investigation techniques, and working with
victims. The majority trained are stationed at border
points. IOM also trained 100 police officials on migration
patterns.

-- IOM conducted TIP awareness workshops for over 70 labor
inspectors. IOM plans to expand their program in the coming
year to include more police officers, the TIP investigation
unit, and assistance to the government and civil society on
shelter management and victim services.

-- Two U.S. assistant attorneys conducted two-day courses for
80 civilian, police, and security court judges and
prosecutors. The training focused on identifying TIP, local
and international laws, and case studies. In a second phase
planned for spring 2010, the U.S. attorneys will conduct an
in-depth training for a core group of prosecutors. These
prosecutors can then serve as trainers themselves and take
the lead on TIP investigations and prosecutions. The program
is funded by G/TIP.

-- The ILO, with Canadian funding, conducted awareness
workshops for several judges, prosecutors, police, labor
inspectors, and other government personnel during the year.
The ILO brought in experts to work with the national
committee on specific initiatives, such as the National
Strategy to Combat TIP. Previously, the ILO, with USG
funding, developed a training program for labor inspectors.
The training contains curricula on trafficking and forced
labor. The ILO also plans to increase training opportunities
under their program in the coming year.

-- The American Bar Association (ABA) is about to launch a
G/TIP funded grant. The project will focus on the judiciary
and incorporating TIP into the Judicial Institute's
curriculum. Other training, such as joint prosecutor and
police training, is also envisioned.

--There were several other training opportunities for

government personnel during the reporting period. Labor
inspectors and PSD criminal investigation officers traveled
to several countries to learn about their TIP investigation
units. International and local NGOs hosted at least six
seminars related to TIP for government personnel. In 2010,
two local NGOs are also planning awareness raising seminars
for officials.

40. (SBU) (27/F) The PSD is further incorporating TIP into
the police academy's law enforcement curriculum. The academy
will dedicate two training hours to trafficking in the over
500 courses planned in 2010. Mid-level police officers will
be given 10 training hours in 2010 as part of their required
leadership training.

41. (SBU) (27/G) The government signed a new MOU with the
Indonesian government to strengthen the regulation and
oversight of the recruitment process and clearly delineate
responsibilities. The government reportedly has also reached
an agreement with the Philippine and Sri Lankan governments
but, as of February 15, they had not yet signed an MOU. No
formal cooperation mechanisms exist with other governments to
specifically investigate and prosecute trafficking cases.
The government and source country embassies worked together
to repatriate workers but there was little cooperation to
punish traffickers. Source country embassy representatives
admit FDWs are usually advised not to pursue lengthy and
costly trials, but instead they try to assist them informally
to obtain lost wages, find new employment or be repatriated.
In cases where government assistance was requested, source
country embassies expressed a willingness to find informal
solutions but also a relative lack of cooperation to formally
investigate. (Note: A wide range of public and private
interlocutors often raise accusations that foreign source
country diplomats profited by, for instance, brokering jobs
for workers seeking refuge at their embassies. End Note)

42. (U) (27/G) Egypt and Jordan jointly investigated
cross-border organ trafficking during the reporting period.
The information sharing and investigations led to the arrests
of suspects in both Egypt and Jordan and prosecutions in
Jordan (para 35).

43. (U) (27/H) Jordan does not have an extradition treaty
with any source country or the U.S. There were no known
extradition requests related to TIP over the past year.

44. (U) (27/I) No evidence exists of government involvement
in, or tolerance of, trafficking.

45. (U) (27/J) Not Applicable.

46. (U) (27/K) Jordan provides substantial numbers of both
armed forces and police officers to peacekeeping efforts
worldwide. There are no reported allegations by governmental
or nongovernmental authorities that Jordanian forces took
part in trafficking activities during the course of their
assignments.

47. (U) (27/L) No evidence currently exists of child sex
tourism in Jordan according to governmental and
nongovernmental officials.

Protection and Assistance to Victims
------------------------------------

48. (U) (28/A) There are currently very few protections

available for trafficking victims. Under MOL regulations,
migrant workers, even trafficking victims, cannot change
employers without approval. Without valid employment, the
worker cannot obtain residency and work permits to stay in
the country. The MOL and MOI have shown some flexibility in
allowing some abused workers to change employers but most
return to their home country. Victims who wished to return
to their country of origin applied through either the MOL or
the NCHR for waiver of any overstay fines accrued. The MOI
makes the final determination of whether to waive fines or
not.

49. (U) (28/B) The government did not maintain any shelters
for trafficking victims but developed a plan to create a
long-term shelter (para 52). There are very limited options
for victims needing a victim care facility. The MOSD-funded
shelter for abused women, Dar Al Wafaq, housed a handful of
sexually assaulted FDWs after referral by the PSD's Family
Protection Department (FPD). At Dar Al Wafaq, victims are
able to access a range of NGO-provided services. The
Jordanian Women's Union, which also runs a domestic violence
shelter, allowed some FDWs to stay temporarily. The
Indonesian, Philippine, and Sri Lankan embassies maintained
basic shelter facilities for runaway FDWs. At the end of
January, the Filipino embassy reportedly was housing over 120
FDWs, the Indonesian approximately 200, and the Sri Lankan
nearly 100.

50. (U) (28/C) The government provided very limited services
to trafficking victims. The FPD, with Dar Al-Wafaq, has
provided psychological and medical services to a handful of
sexually abused FDWs. The NCHR, which receives a block grant
from the GOJ, provides limited legal advice and assistance to
FDWs and textile workers. For instance, NCHR helped a few
victims gain receipt of confiscated documents and payment of
unpaid wages. In a few instances, governmental officials and
the police reportedly referred victims to NGO service
providers.

51. (U) (28/D) The government has no formal system, such as a
special visa, to provide temporary permanent residency status
or relief from deportation for trafficking victims. National
Committee members tell Post, however, that the National
Strategy to Combat TIP contains language requiring the
establishment of a temporary residency and work visa for
victims. In fact, Post was informed the U.S. T-visa policy
was studied when drafting the language. To date, the
government has shown some flexibility in allowing trafficking
victims, many of whom seek refuge at their country's embassy,
to remain in-country by changing employers. In most cases,
however, the government works with the source country embassy
to waive any overstay fines and repatriate the worker.
Additionally, employers often report runaways to the PSD,
which sometimes results in the issuance of a deportation
order. Workers who are accused by their employers of
wrongdoing may be imprisoned until their fines are paid or
arrangements are made for repatriation. Employee fear of
retaliation is one reason that the vast majority of employers
accused of forced labor and/or abuse are never investigated
or prosecuted.

52. (U) (28/E) The government did not operate a shelter for
victims of trafficking but made progress towards establishing
one during the year. A National Committee sub-committee,
comprised of the NCHR, NCFA, MFA, PSD, MOJ, MOL, and MOSD,
reportedly completed by-laws to serve as the legal framework
for operating a shelter. As of February 15, the National

Committee had not approved the by-laws. Simultaneously, the
MOSD developed a detailed management and resource plan for
operating the shelter. National Committee members inform
Post that the MOSD will manage the shelter but will work
closely with NGO service providers (Note: This arrangement is
similar in nature to Dar Al-Wafaq, where several NGOs
maintain offices to provide a range of services to abused
women. End Note). The shelter will reportedly be "open" and
allow victims to work. The National Committee requested
$300,000 from the Ministry of Planning and International
Cooperation to fund the shelter's establishment. (Note: Post
has requested a copy of both the by-laws and management plan.
End Note)

53. (U) (28/F) The government does not have an
institutionalized referral mechanism to transfer TIP victims
to service providers. Such a mechanism is reportedly
included in the National Strategy to Combat TIP and was
discussed while drafting the shelter by-laws. There were
informal referrals during the year. The PSD's Family
Protection Department referred a few sexually assaulted FDWs
to the government's shelter for abused women, Dar al Wafaq.
A few FDWs that experienced forced labor were referred to the
shelter operated the Jordanian Women's Union or their source
country embassy. Activists and NGOs report that, in most
cases, detained FDWs, even those who claim abuse or forced
labor conditions, are not referred for assistance.

54. (U) (28/G) The government does not calculate or maintain
statistics related to the number of actual or estimated
trafficking victims. Governmental and non-governmental
officials even debate who should be considered a trafficking
victim. Some government officials do not consider FDWs that
experience forced labor conditions as trafficking victims.
There are no recent NGO studies to calculate the number of
victims though a few organizations, such as IOM, have
proposed to conduct such a study with a focus on domestic
workers.

55. (U) (28/G) The extent of the trafficking problem among
domestic workers is reflected in the approximately 400 FDWs
currently housed in source country embassy shelters. Not all
runaway FDWs are fleeing forced labor conditions, but source
country embassies and local NGOs report that the vast
majority are and that the number is not decreasing. For
instance, the Philippine embassy reports that over 90 percent
of runaways were not properly paid, had travel documents
confiscated, or both. The Philippine Overseas Labor
Employment Agency continued to bar new Filipino workers from
seeking employment in Jordan during the reporting period.
Filipino workers still entered the country during the ban
with some coming from third countries. The government and
Philippine embassy report that a new agreement on the
recruitment and employment of their citizens has been reached
and, once signed, the ban will be lifted.

56. (U) (28/G) Tamkeen has received over 200 migrant worker
complaints since April 2009 that could be considered forced
labor. Tamkeen attempted to assist these workers through
informal channels or through the court system (paras 32-33).

57. (U) (28/G) The MOL, NCHR, and textile union each receive
labor complaints from garment sector workers but not all
complaints received are forced labor-in-nature. The MOL
hotline, manned by speakers of Hindi, Bangala, Sinhalese,
Tagalog, and Bahasa Indonesian, continued to receive
complaints during the year. (Note: While the vast majority of

complaints to the hotline are from garment sector workers,
workers in other sectors may also call. End Note) Most
complaints involved poor dormitory conditions, non-payment or
delayed payment of wages, mistreatment by management, or
confiscation of passports. Additionally, the GOJ placed
locked suggestion boxes in all factories where workers could
submit complaints anonymously. A representative from the
Ministry of Labor has the only key to the boxes.

58. (U) (28/H) The PSD, MOI, and MOSD do not use a formal
mechanism to identify possible victims of trafficking;
however, some government officials, including police
personnel at border points, received victim identification
training (para 39). The PSD assert that the training has
produced results and increased victim identification.

59. (U) (28/I) The victim's rights are largely not respected.
In cases where migrant workers, especially FDWs, run away
from their employers or approach authorities to claim abuse
or protest salary withholdings, the employer will often
accuse the worker of theft or another crime in retaliation.
If charges are filed against a migrant worker, s/he will be
immediately arrested and detained even before an
investigation is launched. The worker is then usually
detained until an agreement is reached where both the
employer and worker drop charges, repatriation is arranged,
the worker completes a prison sentence for the crime, or the
source embassy convinces authorities to release the worker in
their care. If a migrant worker does not have a valid
residency permit, which the employer must renew, s/he will be
fined 1.5 JD ($2.12) for each day that s/he is out of status.
In most cases, this fine accumulates into an amount that
FDWs are incapable of paying. The MOI frequently continued
to waive these fines to permit repatriation but would not
waive the fines to allow a worker to stay in-country for any
reason.

60. (U) (28/J) The government does not actively encourage
victims to pursue an investigation or prosecution of the
offense. The government did investigate a few cases of
sexual exploitation and forced labor during the year but, in
most cases, worked with the source country embassies to
repatriate victims or solved individual cases through
informal means. Victims may bring civil suits against
employers under civil law, though not under the labor law.
For suits greater than $4,200 (3,000 JD), the plaintiff must
have a lawyer. The government does not provide lawyers for
victims to pursue civil claims, though one NGO has started to
provide legal services to TIP victims and initiated its first
civil case. The NGO received threats from recruitment
agencies and employers for their work. Victims must appear
when summoned during their court case and are technically not
allowed to obtain other employment; however, MOL and MOI
showed some flexibility in allowing some abused FDWs to seek
other employment. The primary reason for this flexibility
was to resolve the worker's status and situation not to
assist the victim in pursuing criminal or civil action.

61. (U) (28/K) Government officials received training on TIP,
including victim identification, throughout the reporting
period (para 39). There were no trainings related to victim
assistance though the IOM and ABA have identified this area
as a need, especially now that referral mechanisms have been
discussed and the government developed a shelter plan. The
government did not provide TIP training to its foreign
service personnel.

62. (U) (28/L) There were no reports of repatriated Jordanian
trafficking victims by either governmental or
non-governmental sources during the year.

63. (U) (28/M) Only a handful of international organizations
or local NGOs assist trafficking victims. The primary
organizations that directly assist victims are:

--Tamkeen: A local NGO providing legal services to migrant
workers.
--Jordanian Women's Union: A local NGO that has limited
capacity to shelter and assist runaway domestic workers.
--Caritas: Provides health and limited other services to
migrant workers, some of which are trafficking victims.

(Note: most organizations engaged on TIP in Jordan are
working either on prevention or capacity-building of
government entities. End Note)

64. (U) (28/M) The relationship between government officials,
NGOs, and other elements of civil society on trafficking is
generally positive, according to civil society and government
officials. Senior-level officials express their commitment
to combating trafficking and have requested civil society
input on many of the initiatives outlined in this cable. The
government also relies on several international and local
NGOs to provide anti-trafficking training, develop capacity,
and raise awareness of the issue. NGOs, however, have
asserted that most GOJ working-level officials are either
ignorant or indifferent to the issue. Conversely, and fueled
by numerous international reports from organizations like the
National Labor Committee, Amnesty International, and Human
Rights Watch, some GOJ officials voice concern that NGOs
overstate the problem and do not give adequate credit for
efforts undertaken. In short, "high-level" discussion and
cooperation remains productive but there is still a relative
lack of on-the-ground cooperation to identify and assist
victims and investigate complaints.

Prevention
----------

65. (U) (29/A) The government did not conduct any major
anti-trafficking information or education campaigns during
the reporting period. The National Committee, however, is
reportedly developing a large-scale public awareness campaign
to educate the public on TIP and the new anti-TIP law.
Committee members state the campaign will also target migrant
workers to inform them of their rights and where to receive
assistance. Proposed activities under the campaign include
TV and radio spots, newspaper and billboard advertisements, a
website to receive information and file complaints, expansion
of the MOL hotline, and informational passport inserts for
migrant workers. As of February 15, none of these activities
had been initiated. In 2010, IOM and ABA may assist the
government in implementing the prevention program within
their TIP new or on-going projects.

66. (U) (29/A) The government and a few NGOs undertook small
scale efforts to inform migrant workers of their rights and
disseminate information on services. MOL inspectors
conducted awareness raising workshops for foreign garment
sector workers. A few NGOs disseminated pamphlets or cards
to migrant workers that list the services they provide and
contact information.

67. (U) (29/B) The government controls and monitors

immigration patterns, though governmental contacts state it
is primarily for other purposes, i.e. security. IOM recently
trained 100 border and residency personnel on monitoring and
analyzing migration patterns as part of their
anti-trafficking efforts. PSD personnel state they are
applying this training. Jordanian embassies in source
countries, such as the Philippines, Indonesia, and Sri Lanka,
do not issue visas without MOI approval. Each case is
individually evaluated. Nationals of these countries cannot
obtain transit visas for Jordan unless they possess a visa
for the destination country. Tourist visas for groups of
nationals of restricted countries are not issued except
through accredited Jordanian tourist offices. All foreigners
coming to work in Jordan need prior approval from the MOL,
and receive that approval only after the work permit is paid
by the sponsoring employer.

68. (U) (29/C) The National Committee (para 18) is
responsible for overseeing government efforts to prevent and
prosecute trafficking and protect victims. The committee
engaged international and local non-governmental
organizations on several occasions to discuss specific issues
during the reporting period. Source country embassies, civil
society, international organizations, and government bodies
held monthly coordination meetings to discuss FDWs though
this mechanism has been inactive since summer 2009.

69. (U) (27/D) On February 11, the National Committee
approved a National Strategy to Combat
Trafficking-in-Persons. Post obtained a copy of the new
strategy in Arabic and will have it translated. Committee
members state that it includes specific targets and
activities around "4 Ps:" prevention, prosecution,
protection, and partnerships. Special attention was
reportedly given to protecting victims and to child
trafficking. A committee member (an alumni of the TIP
International Visitor Program) stated that he inserted, and
it was ultimately approved, provisions for a "T-visa" that
will allow TIP victims to receive residency and work permits
while they pursue a case. Members also state the strategy
will be reviewed every 6 months and is meant to be an
adaptable and continuously changing document.

70. (U) (27/D) The National Strategy was developed by a
committee comprised of the MOJ, MOL, MFA, MOSD, PSD, NCFA,
and NCHR. The committee reportedly studied strategies and
action plans of several countries, including Romania, Italy,
United Kingdom, and the United Arab Emirates. The ILO also
brought in an Austrian expert to assist in its development.
71. (U) (29/E) The government made no effort to reduce demand
for public commercial sex acts during the year. Prostitution
can be found in some hotels, nightclubs, and restaurants,
though little information exists about the prevalence of
commercial sex in this conservative society. The PSD
investigated allegations of forced labor and forced
prostitution in these venues but did not punish clients
despite existing laws making the purchase of commercial sex
illegal in Jordan.

72. (U) (29/F) No public efforts to reduce international sex
tourism by Jordanians have been made. No information exists
about the prevalence of international sex tourism by
Jordanians.

73. (U) (29/G) The Jordanian Armed Forces and the PSD both
send thousand of officers each year to participate in
international peacekeeping efforts. Jordan is the number one

worldwide contributor to police missions and the fourth
contributor to military peacekeeping missions. Jordan's
Peace Operation Training Center provides anti-trafficking
training as part of their standard training regimen.

Partnerships
------------

74. (U) (30/A) The government has engaged with both
multilateral and civil society organizations to discuss and
combat trafficking during the year. The government, in
particular, reached out to international and local
organizations to develop their capacity to prevent and combat
TIP and to directly implement programs. For example, the
government worked closely with IOM, the ILO, and the U.S.
government to train law enforcement and judicial personnel.
The government has requested additional assistance to help
implement prevention campaigns and improve victim services.
To a lesser degree, the government cooperated with local NGOs
to assist victims of trafficking, though civil society
contacts state cooperation was not readily extended by all
officials and in every circumstance.

75. (U) (30/B) Not applicable for Jordan.

TIP Heroes
----------

76. (U) Post nominates and strongly endorses as a TIP hero
Ms. Linda Al-Kalash, Program Coordinator for Tamkeen for
Legal Aid and Human Rights. Ms. Al-Kalash bravely stood with
and assisted trafficking victims as they sought justice and
took their traffickers to court. Before Tamkeen started
operation in April 2009, victims seeking justice had nowhere
to turn. Ms. Al-Kalash's impact was felt immediately. In
ten months, Ms. Al-Kalash has received over 200 complaints of
forced labor in numerous sectors from Egyptian agriculture
workers to Sri Lankans domestic workers. Ms. Al-Kalash and
her small team took action. She directly filed lawsuits or
worked with prosecutors to file criminal charges in over 20
cases. In two cases, two employers who sexually assaulted,
abused, detained, and did not pay their domestic workers are
now on trial for sexual assault. In one case, she is also
assisting the victim with a civil lawsuit. These are
ground-breaking cases in Jordan even if the new anti-TIP law
was not used. Ms. Al-Kalash also won all 20 cases involving
non-payment of wages and successfully negotiated the payment
of wages, release of travel documents, and other remedies for
many more migrant workers. Her work is not without risk.
Ms. Al-Kalash and her team have received numerous e-mail,
telephone, and handwritten threats from recruitment agencies,
employers, and unknown sources. Organizations and
individuals who work with Ms. Al-Kalash have also been
threatened. Despite the threats, Ms. Al-Kalash is more
determined than ever to assist the most vulnerable members of
society.

Best Practices
--------------

77. (U) On August 25, 2009, Jordan's cabinet endorsed new
domestic worker regulations aimed at protecting their rights.
The regulations were drafted in consultation with civil
society after agriculture and domestic workers were placed
under the Labor Law in June 2008. Provisions include;
10-hour work day with one day off per week, 14 days of paid
annual leave and 14 days of paid sick leave per year,

entitlement to contact family at least once per month at
employer's expense, freedom to practice their own religion,
worker cannot be taken out of Jordan without the worker's
approval and only after notifying the worker's embassy, and
worker must only work in their assigned home and cannot be
sent to work in other people's homes. The domestic worker
regulations also contain provisions designed to protect the
employer rights. Activists acknowledged the regulations will
be difficult to enforce and are not perfect, taking special
exception to the requirement that a worker must obtain their
employer's permission just to leave the house. However,
activists largely hailed them as a significant achievement
and step forward to protect FDWs.

Embassy Point of Contact
------------------------

78. (U) Embassy point of contact on trafficking-in-persons
until June 1 is Political Officer Garret Harries, phone
number 962-6-590-6597, fax number 962-6-592-0159, e-mail
harriesgj@state.gov. After June 1, Embassy point of contact
will be Kathryn Kiser, e-mail KiserKA@state.gov. The AMB
spent approximately an hour reviewing the report; A/DCM
(FS-02) spent approximately two hours reviewing the report;
Political Counselor (FS-02) spent 3 hours reviewing and
editing the report; Economic Counselor (FS-01) spent 2 hours
editing the report, Economic Officer (FS-03) spent 2 hours
editing the report; USAID officer (FS-03) spent 2 hours
editing the report; USAID officer (FS-01) spent 3 hours
editing the report. Political Officer (FS-03) spent 80 hours
preparing the report, and LES Political Analyst spent 30
hours preparing the report.
Beecroft

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