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Title: Oman Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
OMAN
The Sultanate of Oman is a monarchy which has been ruled by the Al Bu
Sa'id family since the middle of the 18th century. It has no political
parties or directly elected representative institutions. The current
Sultan is Qaboos Bin Sa'id Al Sa'id who acceded in 1970. Although the
Sultan retains firm control over all important policy issues, he has
brought tribal leaders and other notables into the Government. In
accordance with tradition and cultural norms, much decisionmaking is by
consensus among these leaders. In 1991 the Sultan established a 59-seat
Consultative Council, or Majlis Ash-Shura, which replaced an older
advisory body. The Government selects council members from lists of
nominees proposed by each of the 59 wilayats (regions). After the
country's first national census in 1993, the Sultan expanded the
membership of the new Council to 80 seats. The Council has no formal
legislative powers, but may question government ministers and recommend
changes to new laws on economic and social policy.
The entire internal security apparatus falls under the authority of the
Ministry of Palace Office Affairs which coordinates all intelligence and
security policies. The Internal Security Service investigates all
matters related to internal security. The Royal Oman Police performs
regular police duties, provides security at airports, serves as the
country's immigration agency, and maintains a small coast guard. There
are credible reports that security forces occasionally mistreated
detainees.
Since 1970 Oman has used its modest oil revenue to make impressive
economic progress and improve public access to health care, education,
and social services. Oman has a mixed economy with significant
government participation in industry, transportation and communications.
The Government seeks to diversify the economy and stimulate private
investment.
The Government continues to restrict or deny important human rights.
Human rights abuses include arbitrary arrest, mistreatment of detainees,
prolonged detention without charge, and the denial of due process. The
Government restricts freedom of expression and association, and does not
guarantee full rights for workers and women. On November 5, Sultan
Qaboos granted a general amnesty to an undetermined number of persons
who were tried and sentenced in 1994 during a roundup of alleged
subversives. An undetermined number of prisoners held since the 1980's
on similar charges were also released. As a practical matter, the
people do not have the right to change their government.
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 other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
Security forces mistreat some detainees, particularly during
interrogation. However, the abuse does not appear to be systematic, and
often varies depending upon the social status of the victim and the
official involved. Techniques range from sleep deprivation to harsher
measures such as hanging a bound victim from a steel bar in such a way
that the wrists must support the full weight of the body. Security
officials sometimes beat detainees but are often careful to conceal
evidence of abuse by employing such tactics as restricting blows to less
visible areas of the body. Although judges have the right to order
investigations of allegations of mistreatment, there is no recent
evidence that any officer has been punished for abusing detainees.
The Government does not permit independent monitoring of prisons.
Nevertheless, prison conditions appear to meet minimum international
standards. Access to some prisoners is severely restricted. Prison
officials refused some requests for visits by relatives of the alleged
subversives jailed in 1994. These prisoners were held in a special
section at Rumais maximum security prison. A previously unknown group
calling itself the "Oman Civil Rights Committee," believed to be based
in the United Kingdom, alleged in early May that prison officials at
Rumais denied medical care to "50 of the 146" alleged subversives who
were suffering from possible food poisoning. The group described
conditions at Rumais as "atrocious." These allegations were
unconfirmed.
d. Arbitrary Arrest, Detention, or Exile
The police may obtain warrants prior to making arrests but are not
required by law to do so. The authorities must obtain court orders to
hold suspects in pretrial detention. Within
24 hours of arrest, the police are required to file charges or ask a
magistrate judge to order continued detention. In practice, however,
the police do not always follow these procedures. Judges may order
detentions for 14 days to allow investigation and may grant extensions,
if necessary. There is a system of bail.
Police handling of arrests and detentions constitutes incommunicado
detention in some instances. The police do not routinely notify a
detainee's family or, in the case of a foreign worker, the worker's
sponsor of the detention. Sometimes notification is made only just
prior to the detainee's release. The authorities post a list of persons
scheduled for trial near the magistrate court building in Muscat. The
police do not always permit attorneys and family members to visit
detainees. Judges occasionally intercede to ensure that security
officials allow such visits.
The Government does not practice exile as a form of punishment.
e. Denial of Fair Public Trial
The judiciary comprises the magistrate courts, which adjudicate
misdemeanors and criminal matters; the Islamic, or Shari'a, courts,
which adjudicate personal status cases such as divorce and inheritance;
the Authority for the Settlement of Commercial Disputes (ASCD); the
Labor Welfare Board; and the Rent Dispute Committee, which hears tenant-
landlord disputes. A State Security Court tries cases involving
national security. Although it is administratively distinct from the
other courts, magistrate court judges have presided over trials in the
State Security Court.
The various courts are subordinate to the Sultan and subject to his
influence. The Sultan appoints all judges, acts as a court of final
appeal, and intercedes in cases of particular interest, especially in
national security cases. However, there have been no reported instances
in which the Sultan has overturned a decision of the ASCD or the
magistrate courts.
The Criminal Code does not specify the rights of the accused. There are
no written rules of evidence, or codified procedures for entering cases
into the criminal system, or any legal provision for a public trial.
Criminal procedures have developed by tradition and precedents in the
magistrate courts. In criminal cases, the police provide defendants
with the written charges against them, defendants are presumed innocent,
and have the right to present evidence and confront witnesses. The
prosecution and the defense question witnesses through the judge, who is
usually the only person to question witnesses in court.
There are no jury trials. A single judge tries misdemeanors; a panel of
three judges tries felonies and security offenses. Magistrate court
judges must be citizens. Public prosecutors are senior police officers.
They may bring additional charges after defense attorneys have
inspected the charge sheet or during trial.
A detainee may hire an attorney but has no explicit right to be
represented by counsel. The Government does not pay for the legal
representation of indigents. Judges often pronounce the verdict and
sentence within 1 day after the completion of a trial. Defendants may
appeal jail sentences longer than 3 months and fines over the equivalent
of $1,300 to a three-judge panel. Defendants accused of national
security offenses and serious felonies do not have the right of appeal.
Death sentences, which are rare, cannot be carried out without the
Sultan's approval.
There are no known political prisoners. An undetermined number of
individuals who were tried and sentenced for engaging in alleged
subversive activities in 1994 remained incarcerated for most of 1995.
However, the secrecy of their trials prevented any independent
assessment of the Government's assertion that all those convicted were
actually guilty of plotting to destabilize the country. In November the
Sultan granted a general amnesty to "all prisoners involved in
activities and organizations that are forbidden by law." This had the
effect of freeing those jailed in 1994. Some of these individuals
occupied important positions in the Government.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The police are not required by law to obtain search warrants. There is
a widespread belief that the Government eavesdrops on both oral and
written communications, and Omanis are guarded in both areas. Citizens
must obtain permission from the Ministry of Interior to marry
foreigners, which is not automatically granted. In one recent case,
officials at an Omani embassy abroad confiscated the passport of an
Omani woman who had married a European national without permission from
her father or the Government. When her husband traveled alone to Oman
to discuss the marriage with his wife's family, he was placed under
arrest. The man was allowed to depart the country after his wife
surrendered her passport and his government intervened on his behalf.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is no legal protection for free speech or press. The law
prohibits any criticism of the Sultan in any form or medium. The
authorities tolerate criticism of government officials and agencies, but
such criticism rarely receives media coverage.
The 1984 press and publication law authorizes the Government to censor
all domestic and imported publications. Ministry of Information censors
may act against any material regarded as politically, culturally, or
sexually offensive. However, journalists and writers generally censor
themselves to avoid government harassment. Editorials reflect the
Government's views, although the authorities tolerate some criticism on
foreign affairs issues. The Government discourages in-depth reporting
on controversial domestic issues, and seeks to influence privately owned
dailies and periodicals by subsidizing their operating costs.
The Government prohibits the entry onto the market of foreign newspapers
and magazines containing reports or statements deemed critical of Oman.
Customs officials sometimes confiscate video cassette tapes and erase
offensive material. The tapes may or may not be returned to their
owners.
The Government controls the local radio and television companies. They
do not air any politically controversial material. The Government does
not allow the establishment of privately owned radio and television
companies. However, the availability of satellite dishes has made
foreign broadcast information accessible to the public.
The appropriate government authority, such as Sultan Qaboos University,
the police, or the relevant ministry must approve cultural events,
including plays, concerts, lectures, and seminars. Most organizations
avoid controversial issues due to fear that the authorities may cancel
their events. Academic freedom is restricted, particularly regarding
controversial matters, including politics. Professors may be dismissed
for going beyond acceptable boundaries.
b. Freedom of Peaceful Assembly and Association
The law does not guarantee freedom of assembly. The law states that the
Ministry of Social Affairs and Labor must approve the establishment of
all associations and their by-laws. Despite this, some groups are
allowed to function without such formal registration. The Government
uses the power to license associations as a means to control the
political environment. It does not license groups regarded as a threat
to the predominant social or political views of the Sultanate.
All public gatherings require government sponsorship. The authorities
do not always enforce this requirement, and gatherings sometimes take
place without formal government approval. Regulations implemented in
1994 restricting most types of public gatherings remain in effect.
c. Freedom of Religion
Islam is the state religion. Most Omanis are Ibadhi or Sunni Muslims,
but there is also a minority of Shi'a Muslims. Non-Muslims are free to
worship at churches and temples built on land donated by the Sultan.
There are many Christian denominations which utilize two plots of
donated land on which two Catholic and two Protestant churches have been
built. Other land has been made available to Catholic and Protestant
missions in Sohar and Salalah.
The Government prohibits non-Muslims from proselytizing Muslims. It
also prohibits non-Muslim groups from publishing religious material,
although material printed abroad may be brought into the country.
Members of all religions and sects are free to maintain links with
coreligionists abroad and undertake foreign travel for religious
purposes. Due to government restrictions on public gatherings, there
has been a substantial curtailment of non-Muslim religious celebrations
in recent years.
The police monitor mosque sermons to ensure that the preachers do not
discuss political topics and stay within the state-approved orthodoxy of
Islam. In major mosques in a number of cities, imams preach
standardized sermons distributed by the Ministry of Justice, Awqaf, and
Islamic Affairs.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Government does not restrict travel by citizens within the country
except to military areas. Foreigners, other than diplomats, must obtain
a government pass to cross border points. While a man may travel abroad
freely, a woman must have authorization from her husband, father, or
nearest male relative to obtain a passport.
The Government does not have a policy on refugees or a tradition of
harboring stateless or undocumented aliens. Tight control over the
entry of foreigners into the country has effectively screened out would-
be refugees. Yemeni refugees who were allowed to enter southern Oman in
mid-1994 have since returned to their country.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Oman is an autocracy in which the Sultan retains the ultimate authority
on all important foreign and domestic issues. The country has no formal
democratic political institutions, and its citizens do not have the
ability peacefully to change their leaders or the political system.
There is no written constitution, political parties, or direct
elections. Citizens have indirect access to senior officials through
the traditional practice of petitioning their patrons, usually the local
governor, or wali, for redress of grievances. Successful redress
depends on the effectiveness of the patron's access to appropriate
decisionmakers. The Sultan appoints the governors. The Sultan makes an
annual 3-week tour of the country, accompanied by his ministers. The
tour allows the Sultan to listen directly to his subjects' problems.
In 1991 Sultan Qaboos established a Consultative Council, or Majlis Ash-
Shura. In 1994 he expanded the number of council seats to 80 from the
original 59, a move which allocated two members for districts with a
higher population. The Government selected the council members from
several nominees elected in caucuses of prominent persons in each
district. Caucus participants are also subject to government approval.
In some cases, nominees with the most votes did not win appointment to
the Council. The Council has no formal legislative powers, which remain
concentrated in the Sultan's hands. However, it serves as a conduit of
information between the people and the government ministries. No
serving government official is eligible to be a Council member. The
Council may question government ministers, review all draft laws on
social and economic policy, and recommend legislative changes to the
Sultan who makes the final decision.
The Sultan has publicly advocated a greater role for women in both the
public and private sectors. In 1994, the Government selected two women
to serve on the Consultative Council.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Government prohibits the establishment of human rights groups. The
existing restrictions on the freedom of speech and association do not
permit any activity or speech critical of the Government. There were no
known requests by international human rights organizations to visit
Oman.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Oman does not have a written Constitution. It does not have laws to
prohibit discrimination. Institutional and cultural discrimination
based on gender, race, religion, social status, and disability exists.
Women
There is no evidence of a pattern of spousal abuse but information is
scant and difficult to collect. Doctors do not have a legal
responsibility to report either spouse or child abuse cases to the
courts. Battered women may file a complaint with the police, but more
often seek family intervention to protect them from violent domestic
situations. There have been reports that employers or male coworkers
have sexually harassed foreign females employed in such positions as
domestic servants and hospital nurses. Foreign women employed as
domestic servants and garment workers have complained that their
employers have withheld their salaries and that government officials
have been unresponsive to their grievances.
Most women live within the confines of their homes. They continue to
face many forms of discrimination. Illiteracy among older women hampers
their ability to own property, participate in the modern sector of the
economy, or even inform themselves of their own rights. Government
officials frequently deny women land grants or housing loans, and prefer
to conduct business with a woman's husband or other male relative.
However, since 1970 conditions for women have improved dramatically in
several areas. Whereas just 25 years ago no schools existed for girls,
in 1995, the Omani Ministry of Education reported an enrollment rate of
86.7 percent for all girls eligible for elementary school. In the 1994-
95 school year, female students constituted 48 percent of the total
number of students attending public schools. Women constitute roughly
half of the 3,000 students at Sultan Qaboos University. In November 432
women and 307 men received degrees as members of the sixth graduating
class. The University has a quota system with the apparent goal of
increasing the number of men studying certain specialities. Reportedly,
women are being limited to 50 percent of the seats in the medical
department, and are no longer permitted to take degrees in engineering.
The quotas will allow women to constitute a majority in some other
departments.
Women have also made gains in the work force. Some educated women have
attained positions of authority in government, business, and the media.
Approximately 19 percent of all civil servants are women. In both the
public and private sectors, women are entitled to liberal maternity
leave and equal pay for equal work. The bureaucracy, the country's
largest employer of women, observes such regulations, as do many private
sector employers. Still, many educated women face job discrimination
because prospective employers fear they might quit to marry or raise
families. Several women employees in the Government have complained
that they have been denied promotion in favor of less capable men.
Government grants for study abroad are limited almost exclusively to
males.
Some aspects of Islamic tradition also discriminate against women.
Islamic law favors male heirs in adjudicating inheritance claims. Many
women are reluctant to take an inheritance dispute to court for fear of
alienating the family.
Children
The Government has made the health, education, and general welfare of
children a budgetary priority. The infant mortality rate continues to
decline and comprehensive immunization rates have risen. There is no
pattern of familial or other child abuse. A few communities in the
interior and in the Dhofar region still practice female genital
mutilation (FMG). FMG is widely condemned by international health
experts as damaging to a girl's physical and psychological heath.
Experts believe that the number of such cases is small and declining
annually.
People with Disabilities
The Government has mandated parking spaces and some ramps for wheelchair
access in private and government office buildings and shopping centers.
Compliance is voluntary. Students in wheelchairs have easy access to
Sultan Qaboos University. The Government has established several
rehabilitation centers for disabled children. Disabled persons,
including the blind, work in government offices. Free government
medical assistance to all citizens includes physical therapy and
prosthetics support for the disabled.
Religious Minorities
Some members of the Shi'a Muslim minority claim they face discrimination
in employment and educational opportunities. Some members of this same
community, however, occupy prominent positions in both the private and
public sectors.
National/Racial/Ethnic Minorities
Citizens of east African origin complain that they frequently face job
discrimination in both the public and private sectors. Some public
institutions reportedly favor hiring members of one or another regional,
tribal, or religious group. However, no group is banned from
employment.
Members of the Shihuh tribe in the strategic province of Musandam have
charged that security authorities have harassed and detained tribe
members who complain about alleged inattention or ill treatment by the
central Government. Clashes between Shihuh and security forces occur
periodically, most recently in October 1994.
Section 6 Worker Rights
a. The Right of Association
The Government has not yet promulgated a new labor law first drafted by
the Ministry of Social Affairs and Labor in 1994. The Consultative
Council later recommended some changes. The Government is currently
reviewing additional changes to the proposed law recommended by the
Consultative Council. Government officials have said that the new labor
code will be consistent with international labor standards. It will
reportedly contain a provision for the establishment of worker
committees in the work place and remove the prohibition against strikes.
The current law stipulates that "it is absolutely forbidden to provoke a
strike for any reason."
Labor unrest is rare. Although strikes are technically illegal, workers
sometimes stage job actions. In general, these disputes are settled
without police intervention. In 1994 the Government joined the
International Labor Organization.
b. The Right to Organize and Bargain Collectively
The current law does not provide for the right to collective bargaining.
It requires, however, that employers of more than 50 workers form a
joint labor-management committee as a communication forum between the
two groups. The implementation of this provision is uneven, and the
effectiveness of these committees is questionable. In general the
committees discuss such questions as living conditions at company-
provided housing. They are not authorized to discuss wages, hours, or
conditions of employment. Such issues are specified in the work
contracts signed individually by workers and employers and must be
consistent with the guidelines of the Ministry of Social Affairs and
Labor.
The current law defines conditions of employment for some Omanis and
foreign workers. It covers domestic servants and construction workers,
but not temporary workers or those with work contracts that expire
within 3 months. Foreign workers constitute at least 50 percent of the
work force and as much as 80 percent of the modern-sector work force.
Work rules must be approved by the Ministry of Social Affairs and Labor
and posted conspicuously in the work place 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, including foreign workers, may file a grievance with the Labor
Welfare Board. Sometimes worker representatives file collective
grievances, but most grievances are filed by individual workers. Lower
paid workers use the procedure regularly. Plaintiffs and defendants in
such cases may be represented by legal counsel.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits compulsory labor but investigative and enforcement
mechanisms are lacking. Foreign workers sometimes find themselves in
situations amounting to forced labor. In such cases, employers withhold
letters of release, a document releasing the worker from his employment
contract, thus allowing him to switch jobs. Without the letter, a
foreign worker must continue to work for his current employer or become
technically unemployed--which is sufficient grounds for deportation.
Many foreign workers are not aware of their right to take such disputes
before the Labor Welfare Board. Others are reluctant to file complaints
for fear of retribution by unscrupulous employers. In most cases, the
board releases the grievant from service and awards compensation for
time worked under compulsion. Employers face no other penalty than to
reimburse the worker's back wages. In 1995, for example, workers at a
construction company who had not been paid for
3 months staged a work action. The expatriate manager of the company
was jailed briefly, but the Omani owner faced no legal action. The
workers reportedly received only a promise of payment in the near
future.
d. Minimum Age for Employment of Children
The law prohibits children under the age of 13 from working. The
Ministry of Social Affairs and Labor enforces this prohibition. In
practice, however, the enforcement often does not extend to some small
family businesses which employ underage children, particularly in the
agricultural and fisheries sectors. Children between 13 and 16 years of
age may be employed but must obtain the Ministry's permission to work
overtime, at night, on weekends or holidays, or perform strenuous labor.
e. Acceptable Conditions of Work
The Ministry of Social Affairs and Labor issues minimum wage guidelines
for various categories of workers. The minimum wage for nonprofessional
workers is about $156 a month (60 rials). Minimum wage guidelines do
not cover domestic servants, farmers, government employees, or workers
in small businesses. Many foreigners work in fields exempt from the
minimum wage statute. The Government is lax in enforcing minimum wage
guidelines for foreign workers employed in menial jobs. However,
foreign workers with high skills are frequently paid more than their
Omani counterparts.
The minimum wage is sufficient to provide a decent standard of living
for a worker and family. The compensation for foreign manual laborers
and clerks is sufficient to cover living expenses and to permit savings
to be sent home.
The private sector workweek is 40 to 45 hours and includes a rest period
from Thursday afternoon through Friday. Government officials have a 35-
hour workweek. 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. Government
regulations on hours of employment are not always enforced. Employees
who have worked extra hours without compensation may file a complaint
before the Labor Welfare Board, but the Board's rulings are not binding.
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 biannual round-
trip tickets to their countries of origin.
All employers are required by law to provide first aid facilities. Work
sites with over 100 employees must have a nurse. Employees covered
under the labor law may recover compensation for injury or illness
sustained on the job through employer-provided medical insurance. The
health and safety standard codes are enforced by inspectors from the
Department of Health and Safety of the Directorate of Labor. As
required by law, they make on-site inspections.
The law states that employers must not place their employees in
situations involving dangerous work. However, the law does not
specifically grant a worker the right to remove himself from dangerous
work without jeopardy to his continued employment.
(###)
[end of document]
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