Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Oman (Ratification: 2005)

Article 1(a) of the Convention. Sentences of imprisonment involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that sentences of imprisonment (involving the obligation to work under section 25 of the Prison Regulations (Decree No. 48 of July 1998)) may be imposed under various provisions of the national legislation in circumstances covered by Article 1(a) of the Convention, namely:

• – Section 134 of the Penal Code, which prohibits the establishment of associations, (political) parties and organizations which are opposed to the political, economic and social system of the Sultanate. Any organization that is established in violation of these provisions shall be dissolved and its founding members and any other member shall be sentenced to a penalty of imprisonment (from one to ten years).
• – Sections 5 and 54 of the Law on private associations (Royal Decree No. 14/2000) which prohibit the establishment of associations or parties for political or religious purposes and establish a penalty of imprisonment of six months (involving compulsory labour) for any person who participates in activities other than those for which the association was established.
• – Section 61 of the Law on telecommunications (Royal Decree No. 30 of 12 March 2002) which provides for a penalty of imprisonment of one year for any person who, using a means of telecommunication, draws up a message that is contrary to public order and morals or which is intended to injure a person through the use of false information.
• – The Law on publication and printing (Royal Decree No. 49/84 of 26 May 1984) which prohibits any publication prejudicial to the person of the King, the image of Islam or imperilling the prestige of the State (section 25); any publication injurious to the national currency or giving rise to confusion about the economic situation of the country (section 27) and the publication of information or the coverage of any subject without prior authorization from the Ministry of Information and Communications (section 33).

The Committee notes the Government’s indication in its report that convicted persons who perform prison labour for the purpose of rehabilitation do so on a voluntary basis. The Committee, however, draws the Government’s attention to the fact that persons found in violation of the abovementioned provisions of the legislation, if convicted, are sentenced to penalties of imprisonment involving the obligation to work under section 25 of the Prison Regulations (Decree No. 48 of July 1998).

Referring to its General Survey of 2012 on the fundamental Conventions, the Committee recalls that, in the great majority of cases, labour imposed on persons as a consequence of a conviction in a court of law is not incompatible with the Convention, such as in the cases of the exaction of compulsory labour from common offenders convicted, for example, of robbery, kidnapping or other acts of violence or of having endangered the life or health of others, or numerous other offences. However, if a person is required to perform compulsory prison labour following a conviction for the holding or expression of certain political views or views ideologically opposed to the established political and social system, the situation is incompatible with the Convention which prohibits the imposition of compulsory prison labour as a sanction in these circumstances (paragraph 300). In light of the above, the Committee expresses the firm hope that appropriate measures will be taken in order to bring the following provisions into conformity with the Convention: section 134 of the Penal Code, sections 5 and 54 of the Law on private associations, section 61 of the Law on telecommunications, and sections 25, 26 and 33 of the Law on publication and printing. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of the abovementioned provisions, including copies of any court decisions and indicating the nature of offences and the penalties imposed.