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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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 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 imperiling 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 no court decisions have been handed down for violation of the above-mentioned provisions. The Committee recalls that 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, 27 and 33 of the Law on publication and printing are worded in terms broad enough to be used as a means of punishment for peacefully expressing political views and, insofar as they are enforceable with sanctions of imprisonment involving compulsory labour, they may fall within the scope of the Convention. The Committee also recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views. The range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion (see the 2012 General Survey on the fundamental Conventions, paragraph 302). The Committee therefore requests the Government to take the necessary measures to repeal or amend the above-mentioned national legislation so that no penal sanctions involving compulsory prison labour may be imposed on persons who, without using or advocating violence, express certain political views or views opposed to the established political, social or economic system. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of the above-mentioned provisions, including copies of relevant court decisions.

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

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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 requested the Government to re-examine the above provisions in order to bring them into conformity with Article 1(a) of the Convention, which prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

Noting the Government’s intention to provide relevant information on this point in the future, the Committee once again hopes that the necessary measures will be taken as soon as possible in order to re-examine the above provisions with a view to ensuring that persons who have expressed certain political views or their ideological opposition to the established political, social or economic system through political parties or various communication media are not subject to penalties of imprisonment involving compulsory labour. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of the above provisions in practice, including copies of court decisions and indicating the penalties imposed.

The Committee previously noted the Government’s statement that there are no laws on political parties, meetings or demonstrations, apart from the principles established in the Constitution. It requested information on the manner in which the right to demonstrate and to organize public meetings is exercised in practice.

Noting the Government’s intention to provide relevant information on this point in the future, the Committee once again requests the Government to indicate the manner in which the right to demonstrate and to organize public meetings is exercised in practice. Please also indicate the penalties which may be applied to persons who organize or participate in public demonstrations or meetings in violation of the existing procedures.

Article 1(d). Penalties imposed for participating in strikes. The Committee previously noted the provisions of section 20 of the Regulations on collective bargaining and peaceful strikes (Ministerial Decision No. 294/2006) under which all strikes in establishments which provide essential or public utility services are illegal. It requested the Government to indicate the penalties that may be imposed on persons who participate in a strike in these services.

The Committee notes the Government’s indication that public services or essential services are defined in accordance with Ministerial Order No. 294/2006 as amended by Ministerial Order No. 17 of 2007, as services which are carried out by an undertaking whose activity is related to a service utility such as education, medical care, electricity, water, telephones, a defence or police utility such as fire brigade, services which respond to an emergency, prisons or air navigation.

Regarding the penalties imposed on persons who participate in a strike in essential services, the Committee notes that the Government refers to section 124 of the Labour Code which provides that any person who violates the provisions of this Code, regulations and implementing decisions shall be punished by paying a fine of from 500 Omani rials (OMR) to OMR1,000. Such a penalty may apply to any person who violates the decision regulating peaceful strikes.

Regarding the provisions governing the exercise of the right to strike in the public service, the Government indicates that there are no trade unions nor is there any regulation of the practice of the right to strike in the government sector.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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. The Committee previously 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 founder 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 requested the Government to re-examine the above provisions in order to bring them into conformity with Article 1(a) of the Convention, which prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

Noting that the Government’s report contains no information on this issue, as well as the Government’s commitment to provide a reply in its subsequent communications, the Committee hopes that the necessary measures will be taken in order to re-examine the above provisions with a view to ensuring that persons who have expressed certain political views or their ideological opposition to the established political, social or economic system through political parties or various communication media are not subject to penalties of imprisonment involving compulsory labour. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of the above provisions in practice, including copies of court decisions and indicating the penalties imposed.

The Committee previously noted the Government’s statement that there are no laws on political parties, meetings or demonstrations, apart from the principles established in the Constitution. It requested information on the manner in which the right to demonstrate and to organize public meetings is exercised in practice. Noting that the Government’s report contains no information on this issue, the Committee again requests the Government to indicate the manner in which the right to demonstrate and to organize public meetings is exercised in practice. Please also indicate the penalties which may be applied to persons who organize or participate in public demonstrations or meetings in violation of the existing procedures.

Article 1(c). Disciplinary penalties applicable to seafarers. The Committee notes the Government’s statement in its report that the Maritime Code does not include provisions governing labour discipline of seafarers, and therefore the issue is covered by the Labour Code and other relevant laws.

Article 1(d). Penalties imposed for participating in strikes. The Committee previously noted the provisions of section 20 of the Regulations on collective bargaining and peaceful strikes (Ministerial Decision No. 294 of 2006), under which all strikes in establishments which provide essential or public utility services are illegal. It requested the Government to indicate such services, as well as the provisions governing the right to strike of public employees.

Noting that the Government’s report contains no information on this issue, but that the Government has expressed its commitment to provide a reply in due course, the Committee hopes that the Government will not fail to provide, in its next report, information on the services which are considered to be essential, supplying copies of the relevant regulations. Please also indicate the penalties that may be imposed on persons who participate in a strike in these services.

The Committee also requests the Government once again to indicate the provisions governing the exercise of the right to strike in the public service and to provide a copy.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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.

1. The Committee notes 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 body that is established in violation of these provisions shall be dissolved and its founder 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 (including 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), of which section 25 prohibits any publication prejudicial to the person of the King, the image of Islam or imperilling the prestige of the State; section 27 prohibits any publication injurious to the national currency or giving rise to confusion about the economic situation of the country; and section 33 prohibits the publication of information or the coverage of any subject without prior authorization (from the Ministry of Information and Communications).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this respect to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it emphasizes that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

Accordingly, the range of activities which Article 1(a) of the Convention seeks to protect includes: the freedom to express political or ideological views, either orally or through the press or other communication media; and various other generally recognized rights, such as the right of association, through which citizens seek to secure the dissemination and acceptance of their views and the adoption of policies and laws reflecting them, and which also may be affected by measures of political coercion. In view of this explanation, the Committee invites the Government to re-examine these provisions with a view to ensuring that persons who have expressed or who express certain political views or their ideological opposition to the established political, social or economic system through political parties or various communication media are not subject to penalties of imprisonment involving compulsory labour. In this regard, the Committee also requests the Government to provide information on the application in practice of the provisions referred to above, including copies of court rulings, with an indication of the penalties imposed.

2. The Committee notes the Government’s statement that there are no laws on political parties, meetings or demonstrations, apart from the principles established in the Constitution. The Committee requests the Government to indicate the manner in which the right to demonstrate and to organize public meetings is exercised in practice and to indicate the penalties which may be applied to persons who organize or participate in public demonstrations or meetings.

Article 1(c). Disciplinary penalties applicable to seafarers. The Committee notes the provisions of the Maritime Code, and particularly sections 130 and 132, enumerating the duties of seafarers. The Committee requests the Government to provide copies of the provisions establishing the disciplinary system for seafarers, and particularly the penalties envisaged for offences against labour discipline.

Article 1(d). Penalties imposed for participating in strikes. The Committee notes that the Regulations on collective bargaining and peaceful strikes (Ministerial Decision No. 294 of 2006) provide in section 20 that all strikes are illegal in establishments which provide essential or public utility services. The Committee requests the Government to indicate the services which are considered to be essential and public utility services and to provide copies of any regulations adopted in this respect. Please also indicate the penalties that may be imposed on persons who participate in a strike in these services.

The Committee also requests the Government to indicate which provisions govern the exercise of the right to strike of public employees and to provide a copy thereof.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention.

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of an updated and consolidated text of the Criminal Code and/or other laws punishing criminal offences, as well as copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations, and any provisions governing labour discipline in merchant shipping.