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Oman’s Fight Against Human Trafficking: A Comparison of the 2008 and 2025 Legal Frameworks

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Oman’s Fight Against Human Trafficking: A Comparison of the 2008 and 2025 Legal Frameworks

Human trafficking remains one of the most serious violations of human dignity globally. Oman has long recognized this threat, having first formalized legal protections in 2008. With the promulgation of Royal Decree No. 78/2025, Oman has now replaced its earlier law with a more comprehensive, modernized legal framework. What are the key differences? And what do they mean in practice for enforcement, victims, and those with legal or regulatory exposure? Below is a comparative analysis of the two laws, followed by some reflections on implications.


The 2008 Law: Overview

  • Promulgated by Royal Decree No. 126/2008.
  • Art. 2 para. 1 of this law defines the crime of human trafficking as committing any of the following acts intentionally or for the purpose of exploitation: The use, transfer, shelter or reception of a person through coercion, threat, trickery, exploitation of a position of power, exploitation of weakness, use of authority over that person, or by any other illegal means whether directly or indirectly. Exploitation included prostitution / sexual exploitation, forced labour, slavery or practices similar to it, removal of organs etc.
  • Penalties:
  • In accordance with Art. 8, whoever commits a human trafficking crime shall be punished by imprisonment for three to seven years and a fine of 5,000 to 100,000 Riyals.
  • A human trafficking crime shall be punishable by imprisonment for seven to fifteen years and a fine of 10,000 to 100,000 Riyals in a number of listed cases, such as;
    • Where the victim is a minor or one of special need
    • Where the culprit carries an arm,
    • Where the crime has been committed by more than one person
    • Where the culprit is spouse of the victim, one of their ascendants, descendants, their guardian, or has power over them
    • Where the crime is committed by an organized criminal group, or the culprit is a member thereof
    • Where the culprit is a public employee or being assigned to public service, and exploited their post in committing the crime
    • Where the crime is transnational
    • Where because of being exploited in the human trafficking crime the victim becomes mad, contracts AIDS, or suffers an untreatable psychological or organic disease

Whoever forms, establishes, organizes, manages, holds a leading position in, or calls for membership of an organized criminal group, which trafficking in persons is its aim or one of its aims organized criminal involvement, or a transnational element, etc.

  • Institutional framework:
    • Establishment of the National Committee for Combating Human Trafficking (NCCHT) under Articles 22‑23. Responsibilities included prevention, coordination, public awareness, and victim care/rehabilitation, among others.
  • Victim protection: The 2008 law had some measures for victim care / special procedures during investigations. But in practice, there were some missing elements like lack of shelter, legal aid, identification of victims among vulnerable populations, protection from deportation.

The 2025 Law: What’s New & Enhanced

Promulgated by Royal Decree No. 78/2025, the new law repeals the 2008 law and introduces several enhancements.

Here are the key features of the new law, especially where it departs from or improves upon the 2008 framework:

Feature

2008 Law

2025 Law

Scope / Definitions

Broad definition that included exploitation (sexual, labour), use, transfer, shelter, or reception of a person through coercion, threat, trickery, exploitation of a position of power, exploitation of weakness, use of authority over that person, or by any other illegal means, whether directly or indirectly, with aggravating factors where children are subjected to human trafficking, organized criminal involvement, or a transnational element etc.

The new law retains broad definitions but clarifies that a victim’s consent is irrelevant in certain circumstances (coercion, deception, abuse of vulnerability, children, or persons of diminished capacity). The law expressly includes organ removal, exploitation, etc.

Penalties (General Offences)

3–7 years’ imprisonment; OMR 5,000‑100,000 fine in basic cases.

Increased maximum imprisonment in general cases: 3 to 10 years; fines remain OMR 5,000 to 100,000.

Penalties (Aggravated Circumstances)

7‑15 years imprisonment; minimum fine OMR 10,000; aggravated cases included children, multiple perpetrators, organized crime etc.

Similar aggravated cases but with an expanded list (including persons with diminished capacity, abuse of authority, multiple victims, serious harm, etc.). Range remains 7‑15 years and fines from OMR 10,000 ‑ 100,000.

Corporate Liability

The 2008 law mainly targeted individuals; less explicit or less clear for legal persons (companies, etc.).

The 2025 law expressly holds legal persons accountable: fines from OMR 10,000 to 100,000; courts may suspend or dissolve entities when offences are committed.

Victim Protection & Rights

Some protections (special procedures, NCCHT mandate, repatriation in some cases), but many gaps: no consistent mechanism to exempt victims from penalties or ensure medical or psychological aid; unclear protection for victims who may have committed certain crimes under coercion; risk of deportation etc.

Stronger protections: the victim exempted from liability for crimes committed as a result of being trafficked; freed from medical treatment costs and residency fines; access to specialized shelters and rehabilitation. Also, during investigations/trials, victims must be informed of their rights in a language they understand; care/referral to relevant authorities/shelters when needed.

Additional/New Offences / Penalties

Withholding passports, etc., was prohibited via circulars but lacked specific penalties; failure to report or conceal offences was less clearly addressed.

New/strengthened offences: witness tampering; failure to report trafficking; publishing victim identities; confiscation or destruction of passports used coercively; penalties for being complicit (harbouring, benefiting knowingly, etc.). Also, stricter enforcement measures: no suspended sentences in some cases; asset confiscation; enhanced penalties for repeat offenders, etc.

Institutions & Oversight

NCCHT established; coordination tasks in prevention, protection, awareness etc.

NCCHT retained (or re‑mandated) with more specific roles: design national strategies, coordination with international bodies, creating specialized databases, overseeing victim reintegration programmes, and reporting obligations to the Council of Ministers.

Enforcement / Deterrence

Moderate deterrence via prison and fine; in practice, issues of identification, reporting, and limited prosecutions.

Stronger deterrence: higher possible penalties; legal persons liable; stricter procedural rules; stronger victim protections, which should enable greater cooperation in investigations; greater clarity for prosecutorial/judicial process.


Key Implications & Reflections

  1. For Victims
    The 2025 law significantly improves the legal status and protections for trafficking victims. The move to ensure victims aren’t punished for acts committed as a result of trafficking, and the provision of shelters, medical & psychological care, and legal aid, are strong steps forward. These reduce the disincentives for victims to come forward and increase the likelihood of successful prosecutions.
  2. For Enforcement & Prosecution
    Clearer obligations (e.g., failure to report, witness protection, identity protection) and corporate liability expand the range of conduct that can be punished. Stronger penalties and stricter rules leave less room for ambiguity or leniency. The enhancements should assist in making prosecutions more effective, especially in cross-border/organized crime cases or those involving vulnerable persons.
  3. For Private Entities / Employers / Institutions
    Employers and legal persons must be particularly careful. Under the new law, liability isn’t just individual: companies can face fines, suspension/dissolution. Practices that may have been tolerated or overlooked earlier (passport withholding; coercive employment conditions) will face more concrete legal risks.
  1. International & Human Rights Compliance
    The 2025 regime appears more closely aligned with international standards (e.g., the UN TIP (Trafficking in Persons) Protocol) in ensuring non-discrimination of victim consent, expanded definitions, non-punishment, and victim rights. This could enhance Oman’s international reputation, reduce risk in cross-border legal exposure, and support cooperation with foreign jurisdictions.
  2. Challenges / What to Watch Out For
    • Implementation: Laws are only as good as enforcement. Training of law enforcement, prosecutorial agencies, judiciary will be essential.
    • Victim identification: law reforms help, but institutional capacity, clear protocols, and practical mechanisms are needed to identify victims among vulnerable groups.
    • Resource allocation: shelters, medical & psychological rehabilitation, and legal aid all need funding and infrastructure.
    • Monitoring and reporting: the NCCHT’s oversight plus reporting to the Council of Ministers must be translated into transparent and regular reports.
    • Ensuring that corporate liability and new offences are understood by the private sector; risk of unintentional noncompliance.

Conclusion

The transition from the 2008 law to the 2025 law marks a significant evolution in Oman’s legal response to human trafficking. The 2025 law is more robust in its definitions, protections, and enforcement tools, and better aligned with international legal norms. For victims, the changes offer pathways to protection rather than penalization; for perpetrators, clearer deterrents; and for institutions, stronger mandates and responsibilities.

For law firms, NGOs, private sector actors, and government agencies, the new law presents both opportunities (for improved justice and rights protection) and responsibilities (ensuring compliance and active participation). Oman’s legal landscape has matured in this field — the next step is embedding these reforms in practice.


References:

Royal Decree 126/2008 Issuing the Law Combating Human Trafficking

https://qanoon.om/p/2008/rd2008126/

Royal Decree 78/2025 Issuing the Law Combating Human Trafficking

https://qanoon.om/p/2025/rd2025078/

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