Tricked and Trapped: Human Trafficking in the Middle East, â€Žpdf 4.1 MB

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trafficking efforts in the seven emirates of the federation. 19 The NCCHT is responsible for implementing a four-pillar action plan which focuses on legislation, enforcement, victim support and international cooperation. The activities of the NCCHT include (among others) revising human trafficking legislation with the aim of bringing the UAE into line with international standards; creating resources to increase public awareness of human trafficking issues; and developing training in victim sensitivity for the bodies and individuals dealing with victims of trafficking. 20 In Jordan, under the 2009 anti-trafficking law, the interministerial committee was replaced by the National Committee for Combating Trafficking in Human Beings (NCT), chaired by the Minister of Justice, in June 2009. 21 In 2009 the NCT launched a National Strategy and Action Plan to Combat Human Trafficking for 2010–2012. 22 The action plan includes a number of important provisions, such as building the capacity of the judiciary and public prosecutors to ensure the enforcement of the new anti-trafficking law. 23 The NCT is supposed to meet quarterly, but has not done so since August 2010, owing to several government reshuffles and a lack of interministerial cooperation. 24 In Lebanon, a drafting committee working on elaborating a strategy for the enforcement of the Law on the Punishment for the Crime of Trafficking in Persons has recently been established on the initiative of the Institute for Human Rights of the Beirut Bar Association. The committee is composed of representatives from governmental institutions as well as from the Beirut Bar Association. 25 The committee holds regular meetings, and the strategy is expected to be released shortly. 26 19 Its members include representatives from the Federal Ministries of Interior, Foreign Affairs, Labour, and Health and Social Affairs; the State Security Authority, Public Prosecutors, Law Enforcement, the Red Crescent Society and the Emirates Human Rights Association, as well as the shelters Ewa’a and the Dubai Foundation for Women and Children. 20 UAE: National Committee to Combat Human Trafficking, Introduction, http://www. nccht.gov.ae/en/menu/index.aspx?mnu=cat&PriMenuID=11&CatID=3 [accessed 14 Aug. 2012. 21 Jordan, Anti-Human Trafficking Law No. 9, 2009, art. 4. 22 Jordan, National Committee for Combating Trafficking in Human Beings: National Strategy for Combating Trafficking in Human Beings and 2010–2012 Framework (Amman, 2010). 23 Ibid., p. 7. 24 Interview with an official from the Anti-Human Trafficking National Committee, Ministry of Justice, Jordan, Nov. 2011. 25 Namely the Ministries of Labour, Interior, Justice and Social Affairs, the ISF and the General Security Directorate. 26 Interview with an official of the Institute for Human Rights of the Beirut Bar Association, Sep. 2012. 127
4.1.3. Provisions in penal and labour codes applying to the crime of trafficking In addition to the anti-trafficking laws, the penal and labour legislative codes in Jordan, Kuwait, Lebanon and the UAE contain provisions that can be applied to the crime of trafficking. The Jordanian criminal law includes several provisions that criminalize offences related to the crime of human trafficking, such as threats of murder or of assault, beating and rape; driving someone to suicide; torture, forced confinement and murder. 27 There are also specific provisions in the penal code that can be used to prosecute perpetrators of sex trafficking. 28 Several articles in the labour law can also be used to punish trafficking-related offences. 29 These provisions were used by judges to punish perpetrators of the crime of trafficking prior to the passing of the 2009 law specifically designed to counter trafficking. Lebanon’s penal code also criminalizes offences related to the crime of human trafficking. These provisions cover abduction and deprivation of liberty; fraud, deceit and abuse of power; exploitation of the prostitution of others; abandonment of a minor for money; and threats to inflict unfair harm. 30 The criminal code furthermore punishes forced prostitution. 31 Additionally, Lebanon’s labour code limits coercive and deceptive practices by requiring that contracts are issued to workers, prohibiting excessive overtime, and 27 Jordan, Criminal Code of 1956 and its amendments, arts 13, 208, 292, 326–30, 334, 339, 343, 344, 346, 350, 352. 28 Jordan, Criminal Code of 1960, ch. 2, arts 317 and 292. 29 Pertinent provisions from the Jordanian Labour Law No. 8 of 1996 include the following: art. 12(f)(1) stipulates that an employer or director of an establishment can be punished with a fine between 200 JOD and 500 JOD for every non-Jordanian worker hired without obtaining a work permit; art. 46 prohibits employers from “deducting any part” from the salary, which shall be paid no later than seven days after it has been earned; art. 59 specifies that workers shall earn 125 per cent of their hourly wages for overtime, and 150 per cent for work on weekly rest days, or religious and national holidays; art. 77 stipulates that an employer can be punished for employing a worker through force, threat, fraud or coercion, including withholding of travel documents, with a fine between 500 JOD and 1,000 JOD. Also, art. 18(b) of the Passport Law No. 5 of 2003 adds that anyone found in possession of a passport or travel documents in an illegal manner shall be punished by imprisonment for between six months and three years, and/or by a fine between 500 JOD and 1,000 JOD. 30 Lebanon, Criminal Code, 1 Mar. 1943, as amended on 16 Sep. 1983 and 27 May 1993 respectively, arts 492, 495, 500, 507, 508, 515, 523, 524, 525, 569, 578, 668. 31 Lebanon, Criminal Code, 1 Mar. 1943, art. 523. In terms of sexual exploitation, the case of Lebanon is unique in that a law of 1931 allowed prostitution and that no specific amendment to that law has ever been adopted. However, no more licences for brothels have been issued since 1975 (MTV documentary: Prostitution in Lebanon, 2011, http:// www.youtube.com/watch?v=iRI81FN0-L4 [accessed 2 Mar. 2012]). 128
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In collaboration with TRICKED AND T
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Copyright © International Labour O
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officials, worker and employer repr
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3.3.2. Recruitment 101 3.3.3. Work
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MoJ MoL MWPS MoSAL NCCHT NCT NGO NH
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LIST OF TABLES Table 2.1. Dimension
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The realization of this research pr
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In an effort to fill gaps in unders
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There have also been cases of anima
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CHAPTER 1: FRAMING THE ISSUE 1.1. D
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People trafficked for any of the ex
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1.2. GLOBAL DEBATES ON HUMAN TRAFFI
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processes by which migrant workers
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Concerted efforts have been made to
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documented abuses against domestic
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CHAPTER 2: METHODOLOGY 2.1. RESEARC
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Table 2.1. Dimensions of forced lab
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Table 2.4. Indicators of impossibil
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2.2. OVERVIEW OF DATA COLLECTED In
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Having said that, the Middle East i
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individuals who voluntarily agree t
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3.1.2. Recruitment of domestic work
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domestic worker explained, “many
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An official from the NGO KAFA went
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Another Filipina explained the supp
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In Jordan, an official from Tamkeen
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workers supported by the NGO report
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on the balcony. When it got cold, I
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3.1.4. Impossibility of leaving Wor
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Legally, the domestic worker has li
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embassy three times to make an emer
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given that it is not easy for a mig
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Analysis of the information provide
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country, or whose relatives are dec
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3.2.2. Recruitment Recruitment of d
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to provide sexual services. Most of
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The research team was unable to int
Page 77 and 78: Box 3.9. A press report of traffick
Page 79 and 80: explained that in 2010 there were b
Page 81 and 82: There are conflicting views over th
Page 83 and 84: one nightclub owner in Amman. 144 T
Page 85 and 86: 2011, three minors and three adult
Page 87 and 88: Many reports confirm the interlinka
Page 89 and 90: Some claim that the situation of ar
Page 91 and 92: finish working, especially Tunisian
Page 93 and 94: Investigations carried out by the I
Page 95 and 96: Detention of women accused of prost
Page 97 and 98: Lack of any economic and social alt
Page 99 and 100: 3.3. OTHER ECONOMIC ACTIVITIES 3.3.
Page 101 and 102: Table 3.3. Overview of four process
Page 103 and 104: Indeed, many of those interviewed w
Page 105 and 106: workers, often requiring them to ta
Page 107 and 108: not suitable for the position so th
Page 109 and 110: The case of seafarers Stories emerg
Page 111 and 112: personnel from the ports to offshor
Page 113 and 114: of destination often happen through
Page 115 and 116: and we will find him a new job”.
Page 117 and 118: Degrading living and working condit
Page 119 and 120: Ministerial Decree 1186 (2010) was
Page 121 and 122: Retention of personal documents Lac
Page 124 and 125: CHAPTER 4: REGIONAL RESPONSES TO HU
Page 126 and 127: In Lebanon, the Government ratified
Page 130 and 131: stipulating that employers must giv
Page 132 and 133: In Kuwait, in the absence of a spec
Page 134 and 135: 4.1.5. Prosecution of human traffic
Page 136 and 137: Box 4.1. Ending the use of child ca
Page 138 and 139: 4.2. STRENGTHENING THE INSTITUTIONA
Page 140 and 141: order management officers at the ai
Page 142 and 143: government action has, however, bee
Page 144 and 145: Box 4.3. Ending forced labour in th
Page 146 and 147: among migrant workers and no protoc
Page 148 and 149: to the needs of their citizens. The
Page 150 and 151: Dialogue in 2008 to promote a colla
Page 152 and 153: CHAPTER 5: A WAY FORWARD Comprehens
Page 154 and 155: to legally terminate a contract aft
Page 156 and 157: 5.3.2. Taking measures to reduce vu
Page 158 and 159: attention also needs to be given to
Page 160 and 161: with new skills, which will make it
Page 162 and 163: ANNEX: LIST OF STATES PARTIES TO KE
Page 164 and 165: BIBLIOGRAPHY National legislation B
Page 166 and 167: Lebanon Labour Code, 1946. Law on E
Page 168 and 169: International Convention on the Pro
Page 170 and 171: The Economist. 2010. “Little bett
Page 172 and 173: —. 2006. Multilateral Framework o
Page 174 and 175: —. 2011b. Qatar’s ambitions for
Page 176 and 177: —. 2010. The international legal
Page 178 and 179:
Transient Workers Count Two. 2012.
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This regional study sheds light on
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