US embassy cable - 04AMMAN1601

UNCLAS SECTION 01 OF 04 AMMAN 001601 
 
SIPDIS 
 
SENSITIVE 
 
FOR G/TIP, G, INL, DRL, PRM, IWI, NEA/RA 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, SMIG, KFRD, ASEC, ELAB, JO 
SUBJECT: EMBASSY AMMAN'S 2004 TIP REPORT 
 
REF: 03 AMMAN 7340 (NOTAL) 
 
SENSITIVE BUT UNCLASSIFIED -- PLEASE PROTECT ACCORDINGLY 
 
1. Following is Embassy Amman,s response to the 
Department,s action request in State 7869. The headings and 
lettering system are based on this request. 
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CHECKLIST 
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2. A. Based on the information available to post, Jordan is 
not a country of origin or transit for trafficked men, women, 
or children. An element of fraud may be involved in employing 
and bringing some foreign domestic workers (FDWs) to Jordan. 
In addition, some FDWs also end up in abusive situations, but 
neither the GOJ nor the Embassy can establish a causal link 
between fraud in recruitment and eventual abusive working 
conditions. Estimates in fall 2003 for the total number of 
FDWs ranged from 16,000 (the number of valid residence 
permits issued to FDWs) to 50,000 (UNIFEM). From 15 July 2003 
to end January 2004, 8220 FDWs were issued residence permits 
through the Ministry of Labor (MoL). As permits are valid for 
one year, this would parallel the estimate provided by the 
MoL last year. This is clearly a low estimate, however, as it 
does not include those working illegally (see reftel). There 
are no reliable numbers available on how many may have come 
to Jordan through the use of fraud. 
 
B. The FDWs coming to Jordan are primarily from Sri Lanka, 
Indonesia, and the Philippines, with much smaller numbers 
from other countries. 
 
C. Legal changes implemented during 2003 were aimed at 
improving the conditions of FDWs. Specifically, previously 
unregulated recruiting/employment agents must now be licensed 
and all new FDWs are brought in under a standard labor 
contract (see reftel). For example, the estimated up to 350 
recruiting/employment agents operating in Jordan prior to 
these changes are now limited to 68 licensed agents. The 
agents must submit to a background check, deposit $70,000 in 
an escrow account, and agree to standards of acceptable 
conduct, among other requirements. UNIFEM and source country 
embassies worked closely with the GOJ to draft the new 
contract, which provides many protections not previously 
accorded under Jordanian law, and copies of each signed, 
enforceable contract are provided to the agents, source 
country embassies, and the FDWs. These improvements have 
almost certainly changed the extent of employment fraud 
involving FDWs. However, the lack of historical data, 
comprehensive statistics and the recentness of the changes 
make the impact hard to evaluate. 
 
D. The regulatory changes detailed in reftel will provide 
more reliable statistics on the number of FDWs in Jordan, as 
well as greater insight into their conditions. 
 
E. Some FDWs in Jordan have been subject to non-payment of 
wages, illegal immigration status when employers do not 
obtain residence permits, retention of passports and other 
documents, verbal abuse, and, less frequently, physical 
(including sexual) abuse. From January 1998 to December 2003, 
72 cases of sexual assault against FDWs were reported to the 
Public Security Directorate (PSD or police). 
 
F. n/a 
 
G-I. The MoL has acted conscientiously to improve the 
conditions of FDWs, and in late February 2004 the parliament 
passed into full validity the provisional law described in 
reftel. Trafficking is not considered to be a widespread 
problem and there is no credible evidence of trafficking 
unrelated to FDWs. However, GOJ entities -- including the 
Ministry of Foreign Affairs, PSD, MoL, and Ministry of 
Justice -- have been cooperative in collecting and providing 
information for this report. Post is not aware of any 
government participation in trafficking, including by 
individual officials, and the government does not condone it. 
However, in practice the government would be limited by 
budgetary constraints in its ability to fund investigative 
and prosecutorial institutions which might focus on 
trafficking, nor would it possess sufficient resources to aid 
victims. 
 
L. n/a 
 
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PREVENTION 
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3. A. The government acknowledges that some FDWs live and 
work in less than satisfactory conditions (its public and 
private justification for measures taken last year), but has 
no credible evidence of trafficking networks. 
 
B, E, G-K. The Interior and Labor Ministries are most 
directly involved in activities affecting trafficking. The 
PSD, under the Interior Ministry, actively controls the 
borders with both entry and exit controls, and the military 
assists by monitoring the borders between ports of entry. The 
PSD also investigates crimes including physical abuse and 
immigration violations, and the Interior Ministry issues 
residence permits to foreigners already present in the 
country. As of last year, the Labor Ministry regulates the 
recruiting and employment conditions of FDWs (see reftel). 
The government has not formally assigned anti-trafficking 
duties to a specific body, nor does it have a national action 
plan, and it is limited financially in its ability to carry 
out trafficking-related programs. The government does have 
active public corruption task forces involving several law 
enforcement and prosecutorial bodies. 
 
C. UNIFEM,s ongoing national program for Jordan includes 
plans to publicize the poor work and living conditions of 
some FDWs and the government has been supportive of the 
program. In addition, local newspapers and magazines whose 
readership includes a broad distribution of current and 
prospective employers of FDWs have reported on FDWs, living 
and working conditions in recent months. However, given the 
limited scope of the problem, there are no comprehensive 
anti-trafficking information or education campaigns. 
 
D. The King and the current cabinet have made the empowerment 
of Jordanian women, politically and economically, a top 
priority, and the Queen is a strong advocate for women's and 
children's rights. The government has a number of programs 
that could be defined as combating trafficking in women and 
children, e.g. a Ministry of Social Development program to 
rehabilitate street children and Ministry of Labor vocational 
training programs for young rural women. However, we have no 
evidence of the trafficking of Jordanians. 
 
F.  The government has created a steering committee that 
monitors and evaluates the conditions of FDWs in Jordan. 
Membership includes government agencies, UNIFEM, NGOs, and 
three FDW source country embassies (see reftel). This 
committee has an active and cooperative working relationship. 
UNIFEM considers its program for migrant workers in Jordan, 
including particularly GOJ participation and the GOJ-endorsed 
standard contract, a model for the region. Trafficking is not 
commonly discussed in civil society and is not a widespread 
concern. 
 
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INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
-------------------------------------------- 
 
4. A. A 1926 law specifically bans trafficking in children. 
The 1929 slavery nullification law makes it a crime to force 
or entice a person to come to or depart Jordan to be traded, 
purchased, or sold. Traffickers can also be prosecuted under 
the penal code of 1953, which bans all forms of slavery. 
Penal law 16 of 1960 criminalized extramarital intercourse 
(including prostitution), providing for punishments ranging 
from 5 years imprisonment to execution, depending on the age 
of the victim and the relation of the accused to the victim. 
Under Penal Code articles 333 and 334, physical harm that 
causes a victim to miss work is punishable by imprisonment of 
three months to three years and/or small fines, with 
punishments of up to ten years for causing a permanent 
disability or inducing an abortion. 
 
B, C. The penalty for indecent assault, without force, is 
punishable by a minimum of 5 years imprisonment if the victim 
is less than 12 years of age (Penal Code art. 298), with 
greater punishments for use of force (Penal Code articles 
296-299). Inducing a woman to extramarital sexual relations 
is punishable by a minimum of 3 months imprisonment (Penal 
Code art. 304). Labor exploitation is subject to legal bans 
on bonded labor and slavery as described above. The penalties 
for rape range from 5 years imprisonment, if the victim is 
over 15 years of age, to execution, if the victim is under 15 
or in cases of incest. 
 
D, F-H. The government prosecuted the former honorary consul 
of Sri Lanka in Jordan, a Jordanian citizen, for trafficking 
in babies. In 1995, the government uncovered a scheme in 
which he induced Sri Lankan women in Jordan to give up their 
(mostly) illegitimate newborn children, who were then sold to 
(adopted by) foreign families. He was subsequently prosecuted 
under the 1929 slavery nullification law and sentenced to 3 
years hard labor (an increased sentence over the three 
years, imprisonment spelled out in the law), as well as 5 
years imprisonment for forgery. Due to his ill health and old 
age, the sentence was later reduced to the three year term. A 
Jordanian accomplice was found innocent of all charges and a 
Sri Lankan accomplice was sentenced to one year imprisonment 
after her charge was reduced to conspiracy to sell children. 
Both of those found guilty served prison time, and the 
prosecutor brought further motions before the Court of 
Cassation (appeals) on this case as recently as October 2003. 
The government is not aware of any other cases, cross-border 
or otherwise, and does not provide specialized training in 
trafficking. From 15 July 2003 to end January 2004, the MoL 
received 28 labor-related complaints from FDWs, of which 25 
were resolved administratively and 3 were referred to courts. 
 
E. The FDWs brought to Jordan under fraudulent circumstances 
usually deal with a recruiter in their home countries, as 
well as an agent in Jordan once they arrive. These are 
typically bound by loose, informal networks and are not 
connected to crime groups. The new Jordanian requirements to 
use a standard labor contract and licensed agents should 
significantly reduce the ability of unscrupulous recruiters 
in source countries to defraud their clients. 
 
I, J. There are no known cases of nationals charged with 
trafficking in other countries, and it is not clear whether 
the GOJ would extradite any nationals who might be charged 
with trafficking. While general corruption is a concern, 
there is no evidence of government involvement in or 
tolerance of trafficking on either a local or institutional 
level. 
 
K. n/a 
 
L. ILO Convention 182: ratified 20 April 2000 
 
ILO Convention 29: ratified 6 June 1966 and Convention 105: 
ratified on 31 March 1958 
 
The Optional Protocol to the CRC on the sale of children, 
child prostitution, and child pornography: signed 6 September 
2000 
 
UN Convention Against Transnational Organized Crime: signed 
26 November 2002; Protocol to Prevent, Suppress and Punish 
Trafficking in Persons not yet signed; Convention for the 
Suppression of the Traffic in Persons and of the Exploitation 
of the Prostitution of Others: acceded 13 April 1976 
 
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PROTECTION AND ASSISTANCE TO VICTIMS 
------------------------------------ 
 
5. A-F. The interagency Family Protection Department (FPD), 
coordinated by the PSD, states that it offers the following 
assistance to all victims of abuse, including FDWs, 
regardless of citizenship or socio-economic status: 
translation/interpretation services, interviews conducted by 
a female police officer in a private room, medical exams 
conducted by forensic doctors at FPD facilities as opposed to 
public hospitals, provision of clothing and &secure resort8 
until investigation is complete, consular notification, and 
access to counseling. In practice, shelter and legal 
assistance are also provided by the respective embassy and/or 
friends. Immigration assistance, e.g. temporary relief from 
deportation or waiving of overstay fines, may be provided on 
an ad hoc basis, but all overstayers are subject to fines, 
regardless of reason. Jordan is in the nascent stages of 
developing shelter and other support services to women and 
children victims of abuse, including Jordanian citizens. The 
FPD coordinates closely with a small number of domestic NGOs 
to help abuse victims access the limited services available. 
 
Though there is a general ignorance of the plight of FDWs in 
Jordan, cultural sensitivities and funding limitations, 
rather than lack of political will, are the primary reasons 
that greater victim support services have yet to be provided. 
 
G. The government does not provide training on how to assist 
victims of trafficking. However, the FPD has raised the 
profile of abuse within Jordanian society and its personnel 
are becoming increasingly adept at handling this crime, 
particularly investigations and prosecutions. 
 
H. n/a 
I. UNIFEM has assisted with the creation of a local chapter 
of Advocacy for Migrants, a Geneva-based organization 
advocating for migrant workers in the Arab world. This NGO is 
registered with the Interior Ministry, but has not yet begun 
operations and is seeking funding to do s 
 
6. Embassy point of contact on trafficking is political 
officer James Fellows. Office phone number is 962-6-590-6597, 
fax 962-6-592-0159, e-mail fellowsjd@state.gov. As of June 
2004, political officer Keith Heffern will be the POC, same 
phone numbers and e-mail heffernkl@state.gov. 
 
7. Time spent preparing this report (primarily basic 
research): FS03 poloff 90 hours, FS02 poloff 3 hours, FS01 
poloff 6 hours. 
GNEHM