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TITLE: OMAN HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
OMAN
The Sultanate of Oman is a monarchy without popularly elected
representative institutions or political parties. Oman has
been ruled by a sultan of the Al Bu Sa'id family since the
middle of the 18th century. While maintaining the ruling
family's long tradition of firm control over all important
matters affecting the State, Sultan Qaboos Bin Sa'id Al Sa'id
has brought leaders from the tribal system into his Government,
and much decisionmaking is consensual in accordance with
longstanding tradition. Since his accession in 1970, he has
balanced tribal, regional, and ethnic interests in composing
the national administration. The Cabinet of Ministers is
appointed by and responsible to the Sultan. The State
Consultative Council, an advisory body formed in 1980, was
replaced in 1991 by the Majlis Ash-Shura or Consultative
Council. This body represents the Sultan's measured effort to
broaden participation in government. The Consultative
Council's mandate is to review new laws pertaining to economic
development and social services prior to their promulgation.
It may summon Ministers to appear before the Majlis to discuss
the Ministries' policies and plans.
Oman is strategically located at the entrance to the Persian
Gulf opposite Iran. Oman is concerned with internal stability
and security, given the tensions in the region, the proximity
of Iran and Iraq, and the potential threat of political Islam.
The security apparatus is pervasive but professional and well
trained; it is under the direct responsibility of the Ministry
of Palace Office Affairs. The police are under the full
control of the highest levels of government. Reports of human
rights abuses by security personnel are rare.
Almost totally undeveloped when Sultan Qaboos came to power in
1970, Oman has used its modest oil revenues to make impressive
economic progress and improve public access to health care,
education, and social services. Almost 80 percent of the
Government's revenue comes from its oil production, but it is
seeking to diversify Oman's free market economy and stimulate
private sector activity. Individuals are free to associate
with others in pursuing commercial interests, but only Omani
citizens may own real property. In 1993 the Government lifted
restrictions on foreign ownership of Omani stocks and bonds.
There was no essential change in the human rights situation in
1993. A number of basic rights continued to be restricted or
denied, particularly the freedoms of expression, peaceful
assembly and association, the right of citizens to change their
government, and worker rights. Additionally, various forms of
discrimination against women remain, although women have made
tangible progress in some areas of public life. Civil and
political rights are not formally codified, but in the absence
of any challenge to stability and order, the authorities
generally respect the integrity of the person. Freedom of
religion is generally respected.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killing.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reports of torture in 1993. There were a few
unconfirmed reports that some prisoners had been beaten during
pretrial detention. In particular, there were a few instances
of police beating suspects accused of crimes against women and
children. One defendant on trial in the Magistrate Court
alleged he had been abused but retracted his accusation in
court.
d. Arbitrary Arrest, Detention, or Exile
There were no reports of arbitrary arrest in 1993. The police
do not require a judicial warrant to make an arrest but must
obtain judicial concurrence to hold a suspect. In practice,
the police generally obtain warrants prior to making an arrest
unless there is some urgency to apprehending a suspect. Under
current procedures, the police have 24 hours after an arrest to
file charges or submit papers to a magistrate showing the
grounds for holding the arrestee. When the police provide the
courts with documentary justification for an arrest, the
magistrate may exercise his option to order bail or release the
detainee into the custody of another or on his own recognizance.
Alternatively, the judge may order that the suspect be held up
to 14 days. If the police require more time to gather
evidence, the judge may grant extensions of the detention
period. The police sometimes detain suspects for questioning
or for protective custody. Such detentions are usually for
less than 24 hours. However, there are indications that
illegal detentions have occurred when the police did not seek
judicial concurrence for detention for longer periods.
The police do not routinely notify a detainee's family or
sponsor (in the case of foreign nationals) of his or her
detention; they will often allow a detainee to make a telephone
call. In the capital area, the authorities post outside the
criminal court building a list of names of persons being held
pending trial. While there were no reports of incommunicado
detention in 1993, the police did not always permit attorneys
and visitors to see detainees. Judges occasionally intercede
to ensure access to detainees. A detainee or persons
interested in the detainee's case may hire an attorney, but
there is no explicit right to an attorney, and the Government
will not pay for legal representation for an indigent person.
Although Omani law does not require a prompt judicial
determination of the legality of a detention, the period of
detention prior to trial is usually short.
The Civil Court publishes a semimonthly schedule assigning a
"judge in charge" each day during off-duty hours and weekends.
These magistrates are available to review charges or grounds
for holding a detainee. The occasional failure of the police
to promptly seek judicial approval for detentions has caused
tension between the civil judges and the police. There are no
known political detainees in Oman.
After his accession in 1970, Sultan Qaboos granted amnesty to
all Omanis who were in exile. Oman does not practice exile as
a form of punishment.
e. Denial of Fair Public Trial
In addition to civilian courts, which treat misdemeanor and
felony criminal cases, the court system includes Shari'a
courts, which handle family law, an authority for the
settlement of commercial disputes under the Ministry of
Commerce and Industry, and a board to hear labor disputes under
the Ministry of Social Affairs and Labor. The Magistrate Court
is a criminal court and adjudicates violations of the Criminal
Code. A rarely used security court system handles internal
security cases. Provincial governors arbitrate minor matters
in rural areas but do not have the authority to detain persons.
The various judicial systems are subordinate to the Sultan. In
most cases they operate independently, but the Sultan may
intercede in cases of particular interest, especially those
concerning national security.
Judicial practice in Oman conforms in most part to Islamic
prescriptions for a fair trial before experienced and impartial
judges. Oman's criminal judges, all Omani, are professionals
who have trained at legal institutions in various Arab
countries after completing their bachelor's degrees. A college
graduate may become a judge in the civilian courts at age 28
after 3 years of postgraduate study and 1 to 2 years'
apprenticeship as a judge trainee. In the Islamic, or Shari'a,
court system, a high school graduate may join the ranks of
Shari'a court judges at age 23 after completing a 5-year course
at one of Oman's four higher institutes for Islamic studies and
an apprenticeship. There were no reports in 1993 that judges
were transferred or dismissed for political reasons.
Oman's Criminal Code, enacted in 1974, does not explicitly
state the rights of the accused during the criminal process but
instead relies heavily on tradition and procedures instituted
by the Magistrate Court. There are no written rules for
admission of evidence during trials or codified procedures for
entering cases into the criminal system.
In a criminal trial, the accused is presumed to be innocent.
He may be represented by an attorney, but this is not a legal
requirement, and the Government will not pay for counsel.
Defendants have the right and are expected to be present at
trial; they may present evidence; and they may confront
witnesses by asking questions put through the judge, who
generally is the only one who may question witnesses. The
police have the responsibility to prosecute cases before the
Magistrate Court. Trial is before a single judge for
misdemeanors and minor felonies and before a panel of three
judges for serious felonies. There are no jury trials, and,
while there is no explicit right to a public trial, court
proceedings are generally open to the public. The accused
person, or his lawyer, may read the police "charge sheet,"
which summarizes the case against him. There is no procedure
by which the defense may seek the deletion of elements of the
charge sheet prior to trial, but the magistrate may delete
charges during the trial. The police or Public Prosecutor (a
senior police officer) may add charges after inspection of the
file by the defense and during the trial.
During the trial, witnesses may be called by the judge,
prosecution, or defense. The prosecution or the defense may
cross-examine witnesses through (and with the approval of) the
judge, but there is no procedural right to cross-examination.
The prosecution and defense may challenge the reliability of
statements or authenticity of documents in their closing
statements to the judge. Judges frequently pronounce a verdict
and sentence within 1 day after a trial's end. Jail sentences
of over 3 months and fines of over $1,300 are subject to appeal
before a three-judge panel. However, judgments in serious
felony cases may not be appealed because they are heard in the
first instance before the highest judicial panel; there is no
other court of appeal.
The Public Prosecutor's office may also appeal a sentence that
it believes to be too light, although it may not appeal an
innocent verdict. The President of the Magistrate Court chairs
the Court of Appeals, which may opt not to consider an appeal
it finds ill-grounded. The Shari'a Court generally allows
attorneys representing both parties to appear before the judge.
Judgments may be appealed within 30 days to an appeal court
within the Shari'a court system, and the appeals are heard by a
senior judge.
Commercial matters brought before the authority for the
settlement of commercial disputes are heard before a panel
consisting of two judges and a member of the Chamber of
Commerce. Once a case is filed, the authority may summon the
parties to appear and often seeks opinions from auditors and
other experts. Cases involving fines of over $26,000 (10,000
Omani rials) may be appealed to a five-member panel and receive
a fresh hearing.
There was no evidence that the legal system discriminated
against minorities. However, in the case of discrimination
against women, the Shari'a courts adhere to Islamic law
equating the testimony of one man with that of two women.
A capital sentence requires the Sultan's ratification. There
were no reports of political prisoners in 1993.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The police are not required to have a warrant in order to
search a private residence, office, or vehicle. There is a
widespread belief that the Government eavesdrops on both oral
and written communications, and Omanis are guarded in both
areas.
A 1986 law banned marriage between Omanis and foreigners
(defined as not including citizens from the Gulf Cooperation
Council states). However, many prominent Omanis are married to
foreigners, and some were married after 1986. Recently, a new
marriage law was promulgated which set forth the conditions
allowing marriages between Omanis and foreigners. Omanis may
now obtain permission from the Ministry of Interior if they can
justify their desire to marry a foreigner and can show the
financial ability to support the foreign spouse.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is no legal protection of free speech or of a free
press. Criticism of the Sultan in any form or medium is
prohibited by law. Criticism of individual officials,
agencies, and their programs is tolerated but rarely receives
media coverage. Sessions of the Majlis Ash-Shura, including
those featuring questioning of ministers by council members,
receive television and print media coverage.
The 1984 Press and Publication Law mandates government control
over all printed matter, including newspapers and magazines.
The law provides for strict prior censorship of all information
in printed form in both domestic and imported publications.
Imported printed material is screened by government censors,
and Omani publications operate under general, unwritten
government guidelines on tone and content. In practice,
publishers in Oman censor themselves, avoiding anything that
might be construed as an attack on the Government. Editors and
reporters usually give government ministries an opportunity to
respond before critical stories are printed. Friendly nations
are also protected from direct attack. While the law provides
for censorship prior to publication, in practice, publications
often receive pro forma clearance and are distributed and
reviewed concurrently. There were no reports of publishers
having been forced to recall any editions in 1993. However,
the Information Ministry issued a decree in July delaying for 1
day the distribution of newspapers published outside of Oman.
The Government owns two of the four daily newspapers, and
government subsidies to the remaining dailies and several
privately owned periodicals provide an effective incentive for
self-censorship. Editorials and news coverage largely reflect
the Government's views, although some latitude is tolerated on
foreign policy issues. One Omani newspaper resumed publishing
letters to the editor in 1993.
Publications and video and audio cassettes arriving from
foreign countries are censored for politically, culturally, or
sexually offensive material and are occasionally banned. There
are no formal lists of objectionable material available to the
public, but the censors' attention focuses primarily on
articles that directly attack or embarrass the Government.
The Government controls all radio and television broadcasting
and does not provide for the airing of political debate or
nongovernment viewpoints. However, the free market in dish
antennae has made a wide range of broadcast information
accessible to the public.
Oman has one institution of higher learning, Sultan Qaboos
University, established in 1986. Courses in politics and
lectures on controversial subjects are prohibited. Access to
the campus by persons outside the university community is
limited but may be obtained for visitors.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is not guaranteed by law, and public
gatherings may not take place without government sponsorship.
However, this requirement is not always enforced in practice,
and such gatherings have occurred without official sanction.
If the authorities learn of an unauthorized gathering in time,
they may order its cancellation. Associations of any kind must
register with the Government and submit their by-laws to the
concerned ministry for approval. Those that oppose the
predominant social or political views of the Sultanate are
prohibited. However, informal groupings, such as women's and
expatriate clubs, are allowed to operate.
c. Freedom of Religion
Oman is an Islamic State. Most Omanis are Ibadhi or Sunni
Muslims; there is also a Shi'a minority. Non-Muslims in the
Sultanate are prohibited from proselytizing, and conversion to
Islam is encouraged and publicized. Over 100 Saudi school-
teachers departed Oman at the end of the school year when the
Government declined to renew their contracts. Their departure
was attributed, in part, to concern that some of the teachers
were attempting to proselytize for their Wahhabi beliefs.
Non-Muslim foreigners are free to worship at churches and
temples built on land donated by the Sultan. There are about
20 Christian denominations. A new Catholic church was
completed in 1993 on a compound in the city of Sohar (the
fourth such compound of church buildings in the country), and
plans are under way for a new Protestant church at the same
location. Clergymen also conduct services for smaller groups
of their congregants throughout Oman. There is no indigenous
Jewish community, but Jews are not barred from living and
working in Oman. Non-Muslim religious publishing is not
allowed, but non-Muslim texts and literature may be brought in
to the country for use by non-Muslims.
Members of all religions and sects in Oman are free to maintain
links with coreligionists in other countries and with the
supranational hierarchies that exist for some denominations.
They are also free to undertake religious travel, whether for
the Muslim hajj, conferences, or consultations with religious
leaders. Religion is not a factor in gaining entry into Oman,
nor is it commonly a basis for job discrimination (see also
Section 5).
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on travel by Omanis within their
country, with the exception of a ban on travel to a few
military areas and a requirement that passes be obtained from
the police to travel to certain areas. While male Omanis may
travel abroad freely, a woman must have authorization from her
husband, father, or nearest male relative to obtain a
passport.
Omanis living abroad before 1970 have returned to Oman in large
numbers with official encouragement and without legal
obstacles. The returnees include the many Omanis who sought
refuge in Yemen during the 1965-75 Dhofar rebellion. Thousands
of ethnic Omanis from east Africa, particularly Tanzania, have
been resettled and integrated successfully.
Oman does not have a standard policy on refugees and
traditionally has not harbored stateless or undocumented
aliens. Tight control over the entry of foreigners into the
country has effectively screened out would-be refugees. The
rare stateless or undocumented person who arrives in Oman may
be detained pending a determination that he or she has not
violated immigration or other laws. The Government deals with
persons seeking resettlement on an ad hoc basis. Oman has
assisted some non-Arab, Muslim refugees to be resettled in
third countries.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Oman has no formal democratic political institutions, and its
citizens do not have the ability peacefully to change their
leaders or the political system. Oman has an autocratic system
in which the Sultan has the final word on all government
decisions in theory and in practice. His successor, should a
change occur in the near future, will probably be determined
through a consensus of the royal family and leading public
figures.
There are no political parties, legal opposition groups, or
elections, and there is no written constitution. Citizens have
indirect access to senior officials through the traditional
practice of petitioning local leaders for redress of
grievances. Successful redress depends on the effectiveness of
personal contact and the status and influence of the
intermediary. People have access to the Government at the
level of provincial governor (wali) and to their district
representatives in the Majlis Ash-Shura. Provincial and tribal
leaders and Majlis members in turn have access to the Sultan,
his advisers, and ministry officials to present the views of
their constituents and to accept their petitions. Citizens may
also call on ministers and lower level officials. The Sultan
makes an annual 3-week tour of the country to listen directly
to his subjects' problems. Ministers accompany the Sultan and
can be asked to respond directly to citizens' complaints. In
rural areas, local government reflects the tribal nature of
Omani society, as traditional elites dominate the tribal and
appointive town councils. Final authority outside Muscat is
with the provincial governors, who are appointed by the Sultan.
The Majlis Ash-Shura, established in 1991, is seen as a modest
step toward broadening popular participation in the
Government. The Sultan chose 59 of its 60 members from among
three nominees from each district, selected in caucuses held in
the spring of 1991 in which hundreds of leading citizens in
each district participated. In contrast to the practice under
the predecessor Council, no serving government officials are
eligible to sit as members of the new Majlis. In its second
full year of existence, the Majlis met four times in full
session, as decreed by the Sultan. Its five committees met on
virtually a weekly basis, preparing reports on agenda items for
the full Council. The Council's stated purposes are to serve
as a conduit of information between the people and the
government ministries and to provide the citizens' perspective,
sometimes local in scope and sometimes national, on issues that
previously were the sole preserve of government officials.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no independent organizations to monitor human rights
violations. Under the existing restrictions on freedoms of
speech and association, public criticism of the Government's
human rights practices would not be permitted. There were no
known requests by international human rights organizations to
visit Oman in 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
There are many forms of discrimination against women in this
traditional society, even though some women, primarily in the
capital, have attained positions of authority in government,
business, and the media. An estimated 14 percent of all civil
servants are women. The occupational areas available to women
are gradually expanding beyond the traditional field of
teaching, as secretarial work, medicine, and communications
have become acceptable professional areas for women over the
last several years. However, some observers have noted a
contraction of opportunities for women as the Government
becomes more concerned about employment opportunities for men.
In addition, some employers are concerned that female
candidates for jobs might leave the work force to marry or have
children, further diminishing women's opportunities for
employment or for professional training.
Schooling for girls is available to the same extent as for boys
in urban areas and increasingly so in rural areas. In general,
the level of education that girls attain remains below that of
boys; however, the gap appears to be narrowing. Over 90
percent of Oman's children reach grade five of primary
education. Women constitute roughly half of the 3,000 students
at Sultan Qaboos University. Women students constitute the
majority in the colleges of arts, education, and Islamic
sciences, and science and business. Over half of the first
graduating class of the college of medicine in 1993 were
women. Admission of women to faculties in some technical
fields, however, has become severely restricted in a reflection
of a reluctance both among employers to hire trained females
for work in these fields outside the capital area and among
trained females to accept work in them.
The gains achieved by a small minority of women are largely
irrelevant to the great majority, who live their lives within
the confines of the home. Many females in the rural areas are
illiterate. The lack of female education in some outlying
areas of the country, where poverty is higher, combined with
communal and tribal customs that dictate a subsidiary role for
women, makes it difficult for most adult women to participate
fully in the modern sector.
By law, women are to receive equal pay and benefits for equal
work. The Government, by far the largest employer of women in
the country, enforces this regulation within its ministries,
where women serve in professional and senior managerial
positions. Women in the private sector earn salaries equal to
those of their male counterparts. Women can sometimes have
difficulty in obtaining land grants or subsidized government
housing loans because the Government presumes that they will
reside with a male relative, be it husband or brother. Legal
provisions for female employees, including a provision for
liberal maternity leave, are observed in both the public and
private sectors. The Labor Law, in some ways very progressive,
allows women with infants time off during the day to nurse.
Omani society's interpretation of Islamic precepts on the
status of women also results in de jure and de facto
discrimination in a number of areas. Islamic inheritance laws
are strictly interpreted. A woman may receive only one-eighth
of her husband's property when he dies. Daughters receive less
than sons. In urban, educated families, many women have
property in their own names; less educated women do not usually
have that protection. Because of the relative lack of
education among older women, many are unaware of their rights.
Others are reluctant to use the court system out of fear that
they might forfeit family support by bringing a matter before
the court.
There is no evidence that there is a pattern of spouse abuse.
Because of the closeness of Oman's extended families, battered
women often seek family intervention to remove and protect them
from violent domestic situations.
Children
The Government has made the health, education, and general
welfare of children a priority in its budget. Medical care for
Omani children is free, and a highly effective child
immunization program has helped bring about dramatic
improvements in child health. Communities in a few towns in
the interior and in the Dhofar region still practice female
genital mutilation (circumcision). The total number of cases
nationwide is small and declining annually.
National/Racial/Ethnic Minorities
While there are no government restrictions directed against
Omanis of east African origin, some of these Omanis appear to
face de facto discrimination in employment opportunities. Some
public institutions ostensibly favor members of one or another
regional, tribal, or religious group in their hiring. Each
ethnic or national group has its patrons in certain sectors.
No group is banned from employment in the public sector. A
regionally based group that is favored in positions in its
native region would not have the same advantages in a different
area of the country.
Religious Minorities
Oman's Muslim population includes a small Shi'a minority. Some
Shi'as claim they face obstacles in employment and educational
opportunities. Although there may be some grounds for these
concerns, the main obstacle that the Shi'as face is that their
limited number makes it difficult for them to develop an
effective patronage group. Non-Muslim religious publishing is
not permitted (see Section 2.c.).
People with Disabilities
The Government has taken some steps to address the public
access needs of the handicapped, although compliance has been
voluntary and not mandatory. There are handicapped parking
spaces and some ramps for wheelchair access in front of private
and government office buildings and shopping centers. In
October the Government sponsored a handicapped awareness week
to increase public knowledge of the problems facing the
handicapped. The Government has established a few handicapped
centers for children in Muscat and outlying regions. There are
a few voluntary associations in Muscat which help people with
disabilities, particularly handicapped children. Handicapped
people, including the blind, work in government offices.
Disabled students in wheelchairs successfully attend Sultan
Qaboos University. The free medical assistance offered to all
Omanis includes physical therapy for the handicapped.
Section 6 Worker Rights
a. The Right of Association
The Omani Labor Law does not anticipate or address the
formation of labor unions. In practice, organizations
representing only workers do not exist, and there have been no
known efforts to form unions. The Labor Law specifies that "it
is absolutely forbidden to provoke a strike for any reason."
Labor unrest has been rare during the two decades Oman has been
developing a modern economy. Nevertheless, there were at least
three reported strikes in 1993. Workers reportedly struck at
two garment factories due to labor-management disagreements
about terminating workers' contracts. The strikes lasted a few
days and were settled without resort to police enforcement of
the law prohibiting strikes. The factory owners requested the
assistance of the Ministry of Social Affairs and Labor in
mediating two of the disputes. There were no reports that
workers were forced to return to work. Oman is a member of the
Arab Labor Organization and in 1993 decided to join the
International Labor Organization.
b. The Right to Organize and Bargain Collectively
Collective bargaining is not provided for in Omani law and is
not practiced. However, according to the Labor Law, employers
of more than 50 workers are required to form a joint body of
labor and management representatives as a forum for
communication between the two groups. However, implementation
of this provision of the Labor Law appears to be uneven, and it
is unclear how often the committees that do exist meet.
Generally, these committees discuss such questions, for
example, as living conditions in a company housing compound.
Wages and hours are not under the purview of these committees;
they are agreed upon by workers and employers in individual
contracts, within the guidelines delineated by the Ministry of
Social Affairs and Labor under the law. The committees are not
formed across company lines; membership is confined to
management and labor representatives from each individual
company.
The 1973 Labor Law (as amended) defines conditions of
employment for both Omanis and foreign workers. The Labor Law
covers domestic workers and construction workers but does not
cover temporary workers (those in Oman for less than three
months). Foreign workers constitute at least 50 percent of the
work force--if one includes the traditional Omani occupations
of fishing, subsistence farming, and herding--and 80 to 90
percent of the work force in the modern sector. In August the
Government promulgated a new regulation effective in March
1994, aimed at reducing the number of expatriate shopkeepers.
The regulation prohibits the hiring of additional workers after
that date. The initial concerns of the Omani business sponsors
and the foreign shopkeepers have eased because the Government
is allowing unlimited hiring of expatriates before the deadline
and may consider amendments to the final regulation.
Citizens of India, Pakistan, the Philippines, Bangladesh, and
Sri Lanka continue to seek employment in Oman in large numbers,
generally entering into employment contracts prior to their
arrival. Work rules must be approved by the Ministry of Social
Affairs and Labor and posted conspicuously in the workplace by
employers of 10 or more workers. Similarly, any employer with
50 or more workers must establish a grievance procedure.
Regardless of the size of the company, any employee, Omani or
foreign, may file a grievance with the Labor Welfare Board,
which comprises 6 inspectors who arbitrate disputes. Lower
paid workers, such as clerks, mechanics, and salesmen, use the
Board regularly. Both plaintiff and defendant may retain and
be represented by counsel. Worker representatives may present
collective grievances, but most cases are filed on behalf of
individual workers.
The Board has a docket of about 150 cases per month, about 80
percent of which involve foreign nationals. Sessions convene
daily; procedures are informal and summary in nature. The
Board operates impartially and generally gives workers the
benefit of the doubt in grievance hearings. Disputes that the
Board cannot resolve are referred to the Minister of Social
Affairs and Labor for decision. Complaints involving
employer-employee relations should be brought before the
magistrate court if there is an allegation of criminal
wrongdoing.
There are no export processing zones in Oman.
c. Prohibition of Forced or Compulsory Labor
Although prohibited by law, a form of compulsory labor occurs
occasionally. Some employers withhold the letters of release
that foreign workers require in order to transfer employment
and residency sponsorship from one employer to another.
Failing to secure a letter of release and legal transfer to
another firm in Oman, a foreign national must either continue
working at his current workplace or become technically
unemployed. To avoid that status and the possibility of being
forced to leave the country, some employees submit to their
employers' coercion.
Some employers demand that foreign workers perform overtime or
remain at a firm for several months against their wishes, in
some cases without compensation, in exchange for the promise of
a release letter. This practice is proscribed by law.
However, labor inspections in the workplace are rare, and it
generally falls to the worker to approach the Labor Welfare
Board to report a violation. Many foreign workers are not
aware of their right to a hearing on a labor dispute before the
Labor Welfare Board. Workers may engage attorneys to argue
cases before the Board, and in most cases the Board releases
the employee immediately from service with back compensation
for the time worked under compulsion. The employer faces no
penal sanction if the Board decides in the worker's favor. The
only penalty against an employer is the loss of the worker and
the compensation payment made to him.
d. Minimum Age for Employment of Children
Under the law, children, defined as those under the age of 13,
are prohibited from working. This prohibition is effectively
enforced by the Directorate of Labor under the Ministry of
Social Affairs and Labor. Juveniles, defined as those over 13
years and under 16 years of age, are prohibited from performing
evening or night work or strenuous labor. Juveniles are also
forbidden to work overtime or on weekends or holidays without
the permission of the Ministry of Social Affairs and Labor.
There are no export industries in which child labor is used.
Omani children are sometimes employed as riders in camel races,
but they generally ride under the auspices of their families.
Their involvement in the races does not preclude them from
access to education and medical care. There were no instances
in which child camel jockeys suffered serious injury.
e. Acceptable Conditions of Work
Using its legal authority to determine the minimum wage and
make adjustments according to economic circumstances, the
Government issues minimum wage guidelines for various
categories of workers. The current minimum wage for
nonprofessional workers, set in 1979, is approximately $156 per
month (60 Omani rials). Minimum wage guidelines do not cover
domestic servants, farmers, government employees, or workers in
small businesses--a considerable segment of the total work
force. In some public sector jobs requiring a high degree of
specialization, foreign workers earn a higher wage than Omani
counterparts. However, many foreign workers are in categories
exempt from the minimum wage statute. For menial work that is
subject to the minimum wage, lax enforcement by the Directorate
of Labor usually permits employers to pay less than the legal
standard. The minimum wage is sufficient to provide an Omani
worker in the capital area with a decent subsistence, with
something left over to send to family members living in rural
areas, as is the custom. The compensation for foreign manual
laborers and clerks (mainly south Asians) is sufficient to
cover living expenses and to permit a portion of the income to
be sent home.
The private sector workweek is 40 to 45 hours (less for Muslims
during Ramadan) and includes a rest period from Thursday
afternoon through Friday, which many shopkeepers and their
employees opt not to observe. While the law does not designate
the number of days in a workweek, it requires at least one
24-hour rest period per week and mandates overtime pay for
hours in excess of 48 per week. In practice, the workweek is 5
days in the public sector and generally 5 1/2 days in the
private sector. Some menial laborers not protected by the
Labor Law are required by a few employers to work longer hours
under substandard working conditions. Supplemental income
through compensated overtime work is common for lower level
employees.
Every worker has the right to 15 days of annual leave during
the first 3 years of employment and 30 days per year
thereafter. Employers provide many foreign nationals,
including maids, with annual or biennual round-trip tickets to
their countries of origin. Employers commonly hold foreign
workers' passports, as they are legally responsible for the
workers' actions while they are in Oman.
The Labor Law and regulations cover in detail issues of
occupational safety and access to medical treatment. For
example, all employers must provide first aid facilities, and
those with over 100 employees in one location must also employ
a nurse at that location. Employees covered under the Labor
Law may recover compensation for industrial injury or illness
through medical insurance, which the employer must provide.
The health and safety standard codes are enforced by inspectors
from the Department of Health and Safety of the Directorate of
Labor. They make frequent on-site inspections, as required by
law.
[end of document]
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