[Congressional Record Volume 152, Number 85 (Tuesday, June 27, 2006)]
[House]
[Pages H4669-H4672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       OMAN FREE TRADE AGREEMENT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Michigan (Mr. Levin) is recognized for 5 minutes.
  Mr. LEVIN. Mr. Speaker, yesterday the President transmitted 
legislation to implement the U.S.-Oman Free Trade Agreement. The Senate 
Finance Committee will mark up this legislation tomorrow, and the word 
is the Senate is going to try to rush this through on the floor of the 
Senate in the afternoon. And the House Ways and Mean Committee will 
take up this bill on Thursday.
  This agreement is a test of globalization. Globalization is under 
major pressure today, in part because as it has spread, the benefits of 
increased trade between nations too often have not been widely shared 
among people within the nation. Workers rights matter, especially the 
ability of workers to represent themselves in the workplace because 
they are an important economic tool to spread more widely the benefits 
of expanded trade.
  To help make globalization work, a view widely held by House 
Democrats is that trade agreements should include squarely within the 
text of the agreement a requirement that there be adherence to basic 
ILO standards within a reasonable transition period.
  We have strongly opposed the standard that USTR has tabled for worker 
rights, and the environment, in FTAs, which requires that a nation must 
only enforce its own laws. It is a standard that USTR does not propose 
for any other provision of an FTA and would never dream of using for 
other economic issues, whether intellectual property or investment 
rules or any other.
  Where an FTA has been negotiated with a nation using that standard, 
but at the time of the FTA vote the basic ILO rights were in operation 
in practice and in law, many of us have voted for the agreement despite 
opposition to the standard. That was the case in Chile, Singapore and 
Morocco.
  With the Bahrain FTA, there was clear evidence that the ILO standards 
were there in practice so that there was a foundation for assurances 
that the laws would be swiftly brought into conformity with existing 
ILO-compliant practices. In accordance with law, unions in Bahrain 
enjoyed autonomous status, independent of the employer, beyond 
interference. In addition, as long as the union existed under law in an 
enterprise, the law provided that an employer must recognize it and 
engage with it in collective bargaining. So many of us voted to approve 
the U.S.-Bahrain FTA.
  The conditions in Oman are very different than those prevailing in 
Bahrain and in those other countries where we have supported FTAs.
  As one approaches consideration of the U.S-Oman FTA, there are some 
clear truths. Oman is a nation in the volatile Middle East with good 
relations with the U.S.
  Secondly, the amount of trade is small. It would likely grow under an 
FTA, but remain small, and thus any economic negative dislocations for 
either side would be small.
  In practice and law, thirdly, realities in Oman today do not remotely 
meet the five basic ILO standards, including the right of workers to 
associate and bargain collectively.
  Workers cannot be represented in the workplace unless they have their 
own representatives and their own organizations. This basic condition 
is not close to being true in Oman today.
  Where there is an organization in an establishment, a representative 
committee, representatives of the employer belong as well as employees. 
There is an umbrella committee of representatives committees called the 
Main Representative Committee. From available information, of the 13 
members currently on the MRC, the vast majority are high-echelon 
officials of companies.
  For 8 months our staffs have been in touch with Omani and U.S. 
Government officials simply to get the facts on the table. We have put 
together two documents trying to obtain basic information. When the 
response to the first detailed inquiry came back incomplete, we took 
the time to send a second document, still without a response in detail. 
I ask that the second document be entered into the Record.
  Any fair reading of these documents leads to one conclusion.
  From all available information, there are no organizations of workers 
in Oman today. There are no organizations representing workers and 
bargaining on their behalf, so it is not surprising that there is not a 
single collective bargaining agreement today.
  In reality, there are organizations made up of management and workers 
who operate mainly like joint committees to discuss labor management 
relations and problems.
  The recent communication from the U.S. ambassador glosses over this 
basic fact.
  It says: ``Although the MOM recognizes the potentially problematic 
participation of senior officers in some of the committees, a move away 
from this tendency will take some time, given deeply ingrained cultural 
traditions that still place importance on tribal affiliations and 
highly value an individual's personal influence with decision-makers 
(termed ``wasta''). Historically speaking, workers with issues have 
generally approached human resource representatives or committee 
members with problems because of these individuals known connections 
and ability to get things done. The MOM, as well as the committees, 
believes that it is more important to now raise awareness about the MRC 
and the RC's roles and promote membership rather than focus on 
technical limitations of the law.''
  There are two serious problems with this approach. First, no matter 
how it is spun, the organizations today representing workers are not 
organizations of and led by workers. They do not begin to meet the 
basic worker rights of association and bargaining.
  Second, according to the Ambassador's own document, today 70 percent 
of the workers in Oman are foreign nationals. Of these 80 percent are 
from the Indian subcontinent (60 percent from India).
  Present Omani laws say that members of an RC must be persons who have 
been there for a year and speak Arabic to be a leader. The Omani 
government says that the law is not enforced. It is difficult to tell 
what this means since people do not apply for membership in an RC or 
pay dues and since there have not been full responses to our questions. 
But in any event, if foreign workers are active participants in RCs, 
the vast majority comes

[[Page H4670]]

from nations where the laws and cultural conditions have given workers 
rights to form labor unions for decades.
  Since Oman's practices are not in conformity with the basic ILO 
standards--most noticeably that workers lack the basic right to join 
worker organizations that are free from employer and government 
interference--it is vital that the changes in law be in place before we 
vote on the FTA. The Government of Oman has stated that it could not 
make these changes before October 31, 2006. If the Government acts 
before then--and the changes conform to basic ILO standards--we would 
be faced with circumstances similar to those that existed where we have 
supported free trade agreements.
  The Ambassador says in his letter that Oman is ``already complying 
with ILO core labor standards in practice, if not yet in law,'' and it 
is a matter of bringing technical limitations ``of the law'' into 
conformity with practice. This is simply not true. Neither practices 
nor the laws come close to meeting basic international standards. To 
say otherwise twists both standards and reality. Doing so does not 
serve the purpose of carrying out cordial relationships between our 
nations. It does not represent an effective path for globalization.
                                                     May 24, 2006.
     To: Andy Olson, Cynthia Plath.
     From: Ways and Means Trade Subcommittee Minority Staff.
     Re Follow-Up Questions Concerning Current Practices With 
         Respect to Labor Rights in Oman.

       Thank you for providing information relating to our 
     questions of May 12, 2006, in the cable from the U.S. Embassy 
     in Muscat dated May 17, 2006. The information was responsive 
     to some, but not other, questions. Thus, we have a number of 
     follow-up questions. The following is a list questions that 
     were not answered in the cable, either in whole or in part, 
     as well as questions seeking further clarification of 
     information provided in the cable.

                        I. Worker Representation

       1. What kinds of organizations are there representing 
     workers?
       c. In what industries or occupations in the public sector?
       The cable provides the following information that is 
     relevant to this question: ``There are no committees in the 
     public sector, which is covered by Civil Service Law.'' 
     Unclassified Cable dated May 17, 2006 from U.S. Embassy, 
     Muscat (UC) at para.4.
       Follow-up Question: Does the Civil Service Law provide for 
     the formation of representative committees? If so, what is 
     the extent of any exception (e.g. ``essential services'' such 
     as firefighters or police)?
       d. How many workers do they cover in each sector? What is 
     the percentage of represented workers compared with the 
     overall workforce? As a percentage by sector? Please verify 
     how this information is collected.
       The cable provides the following information that is 
     relevant to this question: ``Since committees do not yet 
     require applications for membership, and do not have 
     established procedures to collect dues, RCs currently 
     represent de facto the entire workforce of a company, 
     including those who have been employed less than a year. 
     A February statistical bulletin confirmed the current 
     private workforce of Oman to be 102,455 Omanis and 438,531 
     expatriates, meaning that approximately nine percent of 
     the workforce is now represented by a union.'' UC at para. 
     5.
       Follow-up Questions: Since there are no applications for 
     membership and no dues, how do workers, comprising the entire 
     workforce of a company where a representative committee is 
     established, know that they are members of such an 
     organization or represented by it? By what methods does the 
     RC notify the workforce? Why does the Ministerial Decree set 
     forth criteria for membership if every worker is a member? Do 
     any of these committees have by-laws, if so how are they 
     written and who votes for them?
       e. Are there categories of workers that are not allowed to 
     have organizations representing them? If so, what are they?
       The cable provides the following information that is 
     relevant to this question: `` * * * the labor law does not 
     prohibit any category of worker from establishing worker 
     committees.'' UC at para. 4.
       Follow-up Question: This statement appears to conflict with 
     another statement in para. 4 which states that ``there are no 
     committees in the public sector.'' Please explain whether 
     public sector workers are able to form representative 
     committees.
       12. How do workers form such organizations, what procedures 
     must they follow?
       The cable provides the following information that is 
     relevant to this question: ``As there are no official MOM 
     application forms for establishing committees, employees 
     wishing to establish a committee simply notify the MOM with a 
     letter of intent and a list of elected officials comprising 
     their leadership board.'' UC at para. 3.
       Follow-up Question: Based on the above response, what would 
     happen if two different groups wished to form a committee? 
     Are there any minimum threshold requirements?
       3. Are employers/managers members in these organizations?
       a. If so, in how many of the organizations are they? Which 
     ones? Are they allowed to be officers? What offices do they 
     hold?
       The cable provides the following information that is 
     relevant to this question: ``Of the committees established, 
     company management holds officer positions of Saud Bahwan 
     Group, Omantel, Port Services, and Suhail Sahwan Group 
     committees.'' UC at para. 4.
       Follow-up Questions: Are these the only representative 
     committees where employers/managers are members? Do 
     employers/managers hold offices in the RCs established at 
     Petroleum Development Oman, Intercontinental Hotel, and El 
     Hassan Co. Group? If so, what positions do they hold? Of the 
     representative committees listed in the cable, what offices 
     do the company management officers hold?
       4. Is membership in these organizations limited to those 
     workers who have been employed for more than a year? Are 
     there any members of such organizations who have been 
     employed less than a year? If so, which ones and how many?
       Not Answered: Please provide a response.
       6. Are leadership positions in these committees limited to 
     those who:
       a. Have ``good spoken and written Arabic language''?
       b. Are permanent workers?
       c. Have not been suspended from work for committing grave 
     misconduct in the government or private sector?
       d. Are there any leaders who do not meet the criteria 
     listed above? If so, which criteria do these leaders fail to 
     fulfill? How many such leaders are there? If there are non-
     Arabic speakers, where are they from?
       The cable provides the following information that is 
     relevant to the above questions: ``While Ministerial Decree 
     135/2004 delineates qualifications for leadership, such as 
     the ability to speak and write Arabic . . . and not have been 
     convicted of a felony, the MOM has not denied candidacy to 
     anyone failing to meet these regulations, and, in fact, has 
     encouraged people to participate regardless of 
     proscriptions.'' UC at para. 5.
       Partially Answered: Please indicate whether there are any 
     current leaders who do not meet the criteria listed above. 
     How many such leaders are there? If there are non-Arabic 
     speakers, who are they and where are they from? Can you 
     provide evidence that the MOM has ``encouraged people to 
     participate regardless of proscriptions''? Are the workers 
     informed that they should disregard the Ministerial 
     Decree? If so, how has this been done in specific 
     instances?
       9. Has the government issued specific rules for the 
     formation and functioning of these organizations, or 
     otherwise participated in their activities? If so, what are 
     these rules and in what way does the government participate?
       The cable provides the following information that is 
     relevant to the above questions: ``Labor committee members 
     and government officials assert that, in practice, the 
     government neither interferes with nor unduly involves itself 
     in committee activities, but continues actively to support 
     establishment of labor committees through private sector 
     outreach and educational awareness.'' UC at para. 1.
       ``The Ministry of Manpower (MOM) asserts that it is not 
     intrusively overseeing labor union representative committee 
     (RC) activities as permitted in Ministerial Decisions 125/
     2004, and claims that the actual application of the labor law 
     is already ILO-consistent.'' UC at para. 2.
       Follow-up Question: Please provide examples of how the MOM 
     ``actively supports the establishment of'' representative 
     committees. How involved has the MOM's activity been with 
     respect to outreach and public awareness? Is the term ``labor 
     committee'' anywhere found in communications from the MOM?
       c. Does the MOM restrict the right of these organizations 
     to belong to any organization or authority with headquarters 
     outside the Sultanate or receive delegations?
       Not Answered: Please provide a response.
       d. Does the MOM ban these organizations from holding public 
     festivities or presenting public lectures without prior 
     approval?
       Not Answered: Please provide a response.
       10. Is there an umbrella organization or larger federation 
     for these organizations? If so, how many are there?
       a. Are all workers' organizations required to be members of 
     an umbrella organization or federation? If so, can they 
     select among several or must they join one mandatory 
     organization?
       The cable provides the following information that is 
     relevant to this question: ``All established committees may 
     participate in the national federation of unions, referred to 
     as the Main Representative Committee (MRC). The MRC is 
     currently the only umbrella organization to represent 
     Omani unions internally and abroad, and members are chosen 
     through secret ballot elections.'' UC at para. 6.
       Follow-up Questions: You indicate that established 
     representative committees ``may participate in the national 
     federation of unions,'' but it is our understanding that 
     participation is mandatory. Please clarify what is provided 
     for in law and current practice, for example, how many 
     representative committees currently are members of the Main 
     Representative Committee? Also, have secret ballot elections 
     been held? If not, have elections been scheduled?
       b. Are employers/managers allowed to be members of such 
     umbrella organizations? If not, are employers/managers in 
     fact members?
       Not Answered: Please provide a response.
       c. Does the government participate in the selection of 
     members of this umbrella organization including establishing 
     the eligibility criteria? Has the government established the 
     grounds for termination of these

[[Page H4671]]

     members? Has the government terminated any members?
       Not Answered: Please provide a response.
       d. Is this umbrella organization required to seek approval 
     from the government (i.e. MOM) for administrative decisions, 
     such as the approval of a logo? Does this organization 
     provide notice to or send agendas (including other documents 
     and papers) to the MOM in advance of meetings?
       The cable provides the following information that is 
     relevant to the above questions: ``Similar to the situation 
     of the representative committees, members of the MRC do not 
     give notice to MOM prior to general meetings; nor do they 
     provide the MOM with a copy of their agendas or meeting 
     minutes.'' UC at para. 6.
       Follow-Up Question: Has the MOM ever requested that the MRC 
     give advance notice of its meetings or provide related 
     documents? Has the MOM asked to review a logo being prepared 
     by the MRC?
       e. Does the MOM send a delegate to the meetings of this 
     umbrella organization? If so, how frequently?
       The cable provides the following information that is 
     relevant to the above questions: ``Moreover, no MOM official 
     has ever attended any committee meetings or banned the MRC 
     from meeting without prior approval. Members of the MRC 
     maintain open relations with the MOM to discuss ongoing 
     changes in the labor law and possible means to strengthen the 
     labor unions.'' UC at para. 6.
       Follow-up Question: Please explain the nature of the ``open 
     relations with MOM'' to discuss the labor law and means to 
     strengthen unions.
       f. Does the MOM restrict the right of this umbrella 
     organization to belong to any organization or authority with 
     headquarters outside the Sultanate?
       Not Answered: Please provide a response.
       g. Does the MOM ban this umbrella organization from holding 
     public festivals or presenting public lecturers without prior 
     approval?
       Not Answered: Please provide a response.
       h. Where are the meetings of the umbrella organization 
     held?
       Not Answered: Please provide a response.
       i. Who are the current members of this umbrella 
     organization? Please provide names and positions they hold 
     within the umbrella organization, as well as the positions 
     that they hold at the enterprise level(s).
       The cable provides the following information that is 
     relevant to this question: ``. . . recent personnel changes 
     at establishments have meant the addition of Issam al-
     Sheibany of Oman Oil Refinery and Aida al-Hashmy of the Al-
     Bustan Palace Hotel to the MRC, bringing the total number of 
     MRC representatives to 13.'' UC at para. 7.
       ``As part of its outreach and organization, the MRC 
     recently established four sub-committees to focus on specific 
     areas of concern:
       --External Relations--This committee manages conferences 
     and is headed by mid-level officer Saud al-Jabri of Petroleum 
     Development Oman;
       --Rights and Duties--This committee is headed by Oman's 
     busiest labor advocate, Nahhan al-Battashi, of the Grand 
     Hyatt Hotel Muscat;
       --Articles of Association and Membership--Abdullah al-
     Araimi heads this committee, which serves as a resource for 
     newly established committees; and
       --Women's Issues--New MRC member Aida al-Hashmy of the Al-
     Bustan Palace Hotel heads up this important committee 
     promoting women in the workforce.'' UC at para. 8.
       Partially Answered: Please provide a complete and current 
     list of all MRC members. Please include their names and the 
     positions they hold within the MRC (including positions in 
     any executive committee), as well as the positions that they 
     hold at the enterprise or company level(s).

                  II. Collective Bargaining Agreements

       1. Are there any?
       a. If so, in what sectors?
       b. Covering how many workers?
       c. Covering what areas (i.e. wages, hours, working 
     conditions, terms of employment, etc.)?
       d. Are there areas that are outside the scope of 
     bargaining? If so, what are they?
       2. Have employers refused a workers' organization's request 
     to negotiate collectively? If so, when and with what 
     recourse?
       3. Are there individual contracts between employers and 
     non-managerial employees? If so, of what nature and to what 
     extent?
       Not Answered: The cable did not contain any information 
     relevant to this section. Please provide a response.

                     III. Anti-Union Discrimination

       1. What protections are provided to workers for exercising 
     their rights to participate in organizing activities?
       Not Answered: Please provide a response.
       2. What penalties are available to be assessed against 
     employers who violate these rights?
       The cable provides the following information that is 
     relevant to this question: ``Although there are no penalties 
     yet for anti-union discrimination (still under discussion), 
     as evident by the Salalah example, the MOM and Oman's labor 
     courts do not tolerate wrongful termination.'' UC at para. 
     12.
       Follow-up Question: Are there any examples of cases where 
     court action was taken against employers who have engaged in 
     wrongful termination? If so, please provide details of the 
     action taken.
       3. How are workers informed of their rights?
       Not Answered: Please provide a response.
       a. Have there been any reports that workers are reluctant 
     to assert their rights because they fear being dismissed or 
     otherwise retaliated against because they are unsure of their 
     rights?
       The cable provides the following information that is 
     relevant to this question: ``While the MOM does keep a 
     variety of labor statistics, there have been no reported 
     cases of workers suffering retaliation for participating in 
     worker committee activities.'' UC at para. 13.
       Follow-up Question: What type of labor statistics does the 
     MOM keep? Does it specifically track instances or cases of 
     retaliation taken against workers for forming or engaging in 
     representative committee activities? If so, please provide 
     these data and/or examples. Is it possible that there are 
     cases involving worker retaliation of which the MOM is 
     unaware?
       b. Are there any activities related to organizing workers 
     or forming a worker organization that are grounds for 
     dismissal or arrest? If so, what are they?
       Not Answered: Please provide a response.
       c. Do employers or managers challenge the right of workers 
     to have or form workers' organizations? If so, on what 
     grounds do they challenge this right? What is the process for 
     doing so and what methods of challenging the right to form a 
     worker organization are permissible?
       The cable provides the following information that is 
     relevant to the above questions: ``Neither employers nor 
     managers have challenged the right of workers to form a 
     representative committee, moreover, labor organizing is not 
     grounds for dismissal or arrest.'' UC at para. 13.
       Follow-up Question: Does the MOM keep specific records to 
     verify the statement that ``neither employers nor managers 
     have challenged the right of workers to form a representative 
     committee''? How can the MOM be certain that it is aware of 
     all pertinent instances involving an effort to form a 
     representative committee or to engage in specific activities?
       4. Does the MOM keep records of how many workers have been 
     dismissed or otherwise retaliated against for participating 
     in worker organization activities and what sanctions have 
     been imposed against the employer and what remedies have been 
     awarded the affected workers? If so, please provide these 
     data.
       The cable provides the following information that is 
     relevant to this question: ``To date, there has been only one 
     case of an individual terminated who was also a member of a 
     representative committee (reftel).'' UC at para. 13.
       Partially Answered: Please provide additional details 
     regarding this individual's termination. For example, did the 
     worker challenge his or her termination? If so, what remedies 
     were provided to the worker? What penalties imposed against 
     the employer? Was this case documented through any records?
       5. What are the processes available to workers who believe 
     they have been dismissed or otherwise retaliated against for 
     engaging in organizing activities?
       The cable provides the following information that is 
     relevant to this question: ``As with any labor dispute, 
     workers are encouraged to submit complaints to the MOM and 
     may sue employers for wrongful dismissal. Labor courts favor 
     the worker in the majority of cases, regardless of the reason 
     for termination.'' UC at para. 13.
       Follow-up Questions: Can you provide examples of labor 
     courts rendering favorable determinations to workers who have 
     been wrongfully dismissed? How many cases have there been? 
     Can you provide evidence to support the assertion that 
     ``labor courts favor the worker in the majority of cases . . 
     .''?

                          IV. Right To Strike

       1. Does the law explicitly permit workers to strike?
       a. If so, is the right available to all workers or only to 
     specific categories of workers?
       Not Answered: Please provide a response.
       b. Have workers exercised this right? If so, on what 
     specific occasions?
       The cable provides the following information that is 
     relevant to this question: ``While the law does not 
     explicitly permit workers the right to strike (to be amended 
     by October 31), there were 33 strikes involving 6,000 workers 
     in 2004 and 4 strikes involving 1,083 workers in 2005.'' UC 
     at para. 12.
       Follow-up Questions: What were the outcomes of these 
     strikes? Per the question below, were they considered legal?
       2. Are there specific procedures that workers must follow 
     to declare a legal strike? Have any strikes been declared 
     illegal? If so, on what grounds?
       Not Answered: Please provide a response.
       4. Is there a practice or a requirement for arbitration to 
     settle disputes? If so, under what circumstances and under 
     what procedures?
       Not Answered: Please provide a response.
       5. Did a strike occur at the Port of Salalah? If so, was 
     any participant disciplined? If so, was there subsequent 
     reinstatement and when?
       The cable provides the following information that is 
     relevant to this question: ``In 2005, there was one reported 
     collective complaint that occurred during one of Oman's most 
     widely publicized strikes. As reported in reftel, workers at 
     Salalah Port closed Oman's largest seaport for two days while 
     the MRC and the MOM negotiated the reinstatement of a 
     committee representative

[[Page H4672]]

     who had been fired. In addition to the strike, workers took 
     the opportunity to successfully renegotiate working hours and 
     split-shift schedules.'' UC at para. 12.
       Follow-up Question: When was the worker reinstated? Was 
     this worker also a representative committee leader? Please 
     provide corroborating evidence. Also, what is ``reftel''?

                           V. Foreign Workers

       1. What approximate percentage of Oman's labor force is 
     comprised of foreign workers in key sectors? Please identify 
     the key sectors.
       The cable provides the following information that is 
     relevant to this question: ``Foreign workers in Oman make up 
     roughly 50 percent of the labor force and are concentrated in 
     the following sectors:
       Construction--28.2 percent; wholesale/retail--20.1 percent; 
     domestic servants--13.4 percent; manufacturing--11.8 percent; 
     agriculture--10.7 percent; hotels/restaurants--5.9 percent; 
     and health/education/community/real estate, misc.--10 
     percent'' UC at para. 14.
       Follow-up Question: Does the 50 percent figure representing 
     the number of foreign worker in Oman pertain to both public 
     and private sectors? Based on information provided in para. 5 
     of the cable, it appears that approximately 80 percent of the 
     private sector is comprised of foreign workers. Please 
     confirm that these figures are consistent.
       2. Are foreign workers participating in workers' 
     organizations?
       a. If so, what percentage of workers' organization members 
     are foreign? What countries are they from (if possible, 
     please provide an approximate break down of percentages)? 
     With what companies are these foreign workers affiliated?
       Not Answered: Please provide a response. Please also 
     indicate whether the information provided as an attachment to 
     e-mail correspondence of May 9, 2006 (specifically, the Table 
     with Members of the General Assemblies of Representative 
     Committees and the Number of Workers (Omanis and Expatriates) 
     in Establishments Which Have Representative Committees) is 
     accurate. Please also explain how the information in this 
     chart compares or relates to information provided in the 
     cable at para. 5, which states that ``approximately nine 
     percent of the workforce is not represented by a union.''
       b. How many foreigners or non-Arabic speaking workers hold 
     leadership positions? Who are they? What countries are they 
     from? What companies do they represent?
       Not Answered: Please provide a response.
       3. Do employers withhold foreign workers' legal documents, 
     including employment contracts, employment letters, passports 
     or visas?
       The cable provides the following information that is 
     relevant to this question: ``While some employers have 
     reportedly held passports of foreign workers, the MOM asserts 
     that this practice is illegal and that legislation 
     formalizing that will be forthcoming.'' UC at para. 15.
       Follow-up Question: Through what accounts or by what means 
     is it known that employers ``reportedly'' are holding 
     passports? Does the MOM keep statistics? Have any instances 
     been reported through the 24-hour hotline? Can you provide 
     reports/accounts of any action taken against an employer for 
     illegally holding a passport or other foreign workers legal 
     documents?

                            VI. Forced Labor

       2. Have there been any circumstances where forced labor has 
     been exacted for public purposes in circumstances other than 
     those enumerated in ILO Convention 29?
       Not Answered: Please provide a response.

                    VII. Worst Forms of Child Labor

       3. Does Oman's labor law specifically prohibit harmful 
     child labor? If so, what provision?
       The cable provides the following information that is 
     relevant to this question: ``Forced or compulsory labor by 
     children is specifically prohibited by law.'' UC at para. 17.
       Follow-up Question: Please provide the citation to the 
     specific relevant law, either in the Basic Statue or the 2003 
     Labor Law, or elsewhere. In addition, please also note where 
     Oman's labor law specifically prohibits the following forms 
     of harmful (or worst forms of) child labor: (a) all forms of 
     slavery or practices similar to slavery, such as the sale and 
     trafficking of children, debt bondage and serfdom, including 
     forced or compulsory recruitment of children for use in armed 
     conflict; (b) the use, procuring or offering of a child for 
     prostitution, for the production of pornography or for 
     pornographic performances; (c) the use, procuring or 
     offering of a child for illicit activities, in particular 
     for the production and trafficking of drugs as defined in 
     the relevant international treaties; (d) work which, by 
     its nature or the circumstances in which it is carried 
     out, is likely to harm the health, safety or morals of 
     children.

         VIII. Inspections and Reporting of Working Conditions

       1. Is there a government-level organization charged with 
     inspecting conditions of labor? If so, what is the number of 
     personnel charged with this task? What enterprises do they 
     cover? In what sectors? In what regions? What is the size of 
     their budget?
       The cable provides the following information that is 
     relevant to this question: ``The Labor Care Directorate of 
     the MOM is responsible for enforcement of, and compliance 
     with, workplace laws and regulations. Its responsibilities 
     include: occupational safety and health, labor inspections, 
     dispute settlement, female employment, liaising with the Main 
     Representative Committee, issues related to child labor and 
     forced labor, and resolution of individual and collective 
     labor disputes.'' UC at para. 19.
       Partially Answered: What is the size of the Labor Care 
     Directorate's budget?
       2. Please provide additional information about the extent 
     and nature of inspections into conditions of labor, such as 
     number of total inspections, number of random inspections, in 
     what areas, in what regions, number of enterprises and 
     workers involved. Please also provide a relevant universe to 
     serve as a point of comparison.
       The cable provides the following information that is 
     relevant to this question: ``{t}he MOM employed approximately 
     82 labor inspectors who conducted 4,541 workplace 
     inspections, including an unknown number of random 
     inspections, in 2005 that represented 19 percent of the 
     workforce. Labor inspectors are spread throughout the 
     Sultantate.'' UC at para. 19.
       Follow-up Question: Can you provide an estimate or 
     percentage of the number of random inspections? If not, are 
     there any criteria by which the Labor Care Directorate 
     considers when conducting random inspections? Are they more 
     prevalent in any particular sector or area? How many workers 
     were involved in the 4,541 workplace inspections?
       3. Is there communication channel or other type of means 
     for workers to contact the government to report labor-related 
     complaints or grievances?
       a. If so, by what means?
       The cable provides the following information that is 
     relevant to this question: ``The MOM operates a 24-hour 
     hotline (English and Arabic) for workers throughout Oman to 
     report complaints, offer suggestions or seek responses to 
     questions about the labor law.'' UC at para. 19.
       Follow-up Question: Are the majority of foreign workers in 
     Oman English-speaking or from English-speaking or Arabic-
     speaking countries? Has the MOM given any thought to 
     including other languages?
       b. Do workers utilize this means? If so, what statistics 
     are available with respect to use, types of complaints and 
     number of resolutions?
       The cable provides the following information that is 
     relevant to this question: ``The MOM estimates that while it 
     takes thousands of general inquiries a year on the hotline, 
     it only receives about 150 complaints that require formal 
     processing and action.'' UC at para. 19.
       Follow-up Question: Does the MOM keep official statistics 
     of complaints? Please provide examples of the types of 
     complaints that have been made that require formal processing 
     and action.

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