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Article 7, paragraph 2, of the Convention. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted the Government’s indication that childcare institutions in the Sultanate draw up the plans and programmes to provide the required support for children, in addition to providing for their rehabilitation, if required. The Committee requested the Government to indicate whether these institutions are in charge of rehabilitating child victims of trafficking and prostitution.
The Committee notes the information in the Government’s report that the Ministry of Social Development (MoSD) supervises the social institutions in charge of the welfare of young persons. The Committee also notes the information in the Government’s report on Childhood Care Residences, attached to the Public Department for Family Development of the MoSD, which provides accommodation to orphans and children in need of temporary care and welfare, including the provision of food, clothes, facilities, medical and psychological care, educational opportunities and social activities. The Committee observes that the Government does not indicate if these services are provided to child victims of trafficking or prostitution.
However, the Committee notes the information in the “Report of the Special Rapporteur on trafficking in persons, especially women and children; Mission to Bahrain, Qatar and Oman” of 25 April 2007 (Report of the Special Rapporteur) that the Government does not run a shelter for victims of abuse and exploitation, nor is there a system to distinguish illegal immigrants from trafficked persons and to provide them with assistance (A/HRC/4/23/Add.2, paragraph 34). The Committee also notes that the Special Rapporteur reiterated the concerns of the Committee of the Rights of the Child (CRC) with regard to the absence of adequate recovery and reintegration services for child victims of trafficking (A/HRC/4/23/Add.2, paragraph 35). The Report of the Special Rapporteur further indicates that while charitable organizations and foreign embassies provide victims of trafficking with assistance, this assistance is not systematic, and there is no referral system (A/HRC/4/23/Add.2, paragraph 34). The Committee expresses its concern at the lack of assistance provided to child victims of trafficking, and requests the Government to indicate if these children have access to the services provided through the Childhood Care Residences. It also requests the Government to take effective and time-bound measures to ensure the provision of legal, psychological and medical services to victims of the worst forms of child labour, to facilitate their rehabilitation and social reintegration, pursuant to Article 7(2(b)) of the Convention. With regard to children who are foreign nationals, the Committee further requests the Government to take measures that include repatriation, family reunification and support for former child victims of trafficking, in cooperation with the child’s country of origin. It requests the Government to provide information on measures taken in this regard.
Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that a review of registers of inspection teams at the Public Department for Workers Welfare at the Ministry of Manpower indicated that no cases of the employment of children under the specified minimum age were detected, as of 31 August 2009.
However, the Committee notes that the Report of the Special Rapporteur indicates the existence of specific cases of children being trafficked for the purpose of economic exploitation in Oman, in the informal sector and fishing industry. The Committee also notes that the Report of the Special Rapporteur expresses concern with regard to the lack of a comprehensive procedure to identify victims of trafficking, and the lack of research and data on the prevalence of child trafficking (A/HRC/4/23/Add.2, paragraphs 35 and 80). The Committee further notes that the CRC, in its concluding observations on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography of 24 June 2009, observed that current documentation and research on the root causes, nature and extent of the sale of children, child prostitution and child pornography are insufficient (CRC/C/OPSC/OMN/CO/1, paragraph 20). The CRC also expressed concern with respect to the lack of information concerning the enforcement in practice of the Human Trafficking Act, issued by Royal Decree No. 126/2008 (CRC/C/OPSC/OMN/CO/1, paragraph 22). The Committee expresses its concern at the lack of data available on the trafficking of children, and it urges the Government to take the necessary measures to ensure that sufficient data on the situation of child victims of trafficking is available. The Committee also requests the Government to provide information on the practical application of the Human Trafficking Act, issued by Royal Decree No. 126/2008, with regard to the trafficking of persons under 18 years of age for the purpose of labour and sexual exploitation, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.
Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Determination of types of hazardous work. The Committee previously noted the Government’s information that Omani law provides that juveniles under the age of 18 may not be employed in mines and quarries or in hazardous work. It also noted that an Occupational Safety and Health (OSH) Committee had been established between government ministries and private sector establishments, and was in charge, amongst others, of determining activities that were hazardous or physically demanding. The Committee requested the Government to provide information on a provisional list of 43 hazardous occupations, types of work and industries prohibited for juveniles under the age of 18 years, which had been determined by the OSH Committee. The Committee notes the information in the Government’s report that it is currently preparing a new list of hazardous occupations, in consultation with the social partners, following the establishment of the Confederation of the Workers of the Sultanate of Oman. The Committee firmly hopes that this list, determining the types of hazardous work prohibited for children under 18 years of age, will be adopted as soon as possible. It requests the Government to provide a copy of this list, once adopted.
Camel jockeys. In its previous comments, the Committee expressed concern for the health and safety of children under 18 years of age involved in camel racing and subject to exploitation. The Committee noted that while the Regulations on holding and organizing camel races in the Sultanate of Oman (Camel Race Regulations), issued by the Oman Equestrian and Camel Federation (OFRC) on 7 August 2005, state that no jockey under 18 years of age will be allowed to take part in camel races, section 2 of these Regulations states that this minimum age would be reached progressively starting from a minimum age of 14 years, over four years starting from the 2005–06 season. The Committee also noted that the OFRC had issued a decision which specifies the gradual increase in the age of camel jockeys to 18 years in 2010, in order to take part in camel races.
The Committee noted the Government’s information that the OFRC fully observes the measures set down to protect the health and safety of camel jockeys under 18 years of age, by obliging them to wear protective headgear and suitable clothing. It also noted the Government’s information that races only occur in Oman when the OFRC – working under the direct supervision of the Ministry of Sport Activities – agrees that all conditions are respected, including the age and health of camel jockeys, and conditions regarding the safety measures are fulfilled. According to the Government, the OFRC continued to undertake unannounced inspection visits to verify that the age of camel jockeys is not less than 15 years (the minimum age for camel jockeys at the time). Meanwhile, in 2007, all camel jockeys participating in camel races were required to register their names with the OFRC and hand over their passports, personal photographs and birth certificates to the OFRC. The Committee requested the Government to continue providing information on the progress in raising the minimum age for taking part in camel races to 18 years. It also requested the Government to pursue its efforts to ensure that the measures aimed at protecting the health and safety of camel jockeys under 18 years of age are strictly enforced, pending the progressive increase in the minimum age to 18 for camel racing.
The Committee notes the Government’s statement that the targeted minimum age of 18 years will be reached in the forthcoming 2009–10 season. The Committee also notes the information in the Government’s report that the OFRC takes measures to ensure the application of the current rules and that the necessary precautions are taken in relation to the organization of races. The Committee further notes that organizers and supervisors verify the age of camel jockeys through their identity card issued by the State, based on a birth certificate and that a person shall be excluded from the race if he does not meet the conditions of racing, particularly the age requirements. The Committee expresses the firm hope that the Regulations on holding and organizing camel races in the Sultanate of Oman (Camel Race Regulations), issued by the Oman Equestrian and Camel Federation on 7 August 2005, prohibiting the use of children under the age of 18 as camel jockeys will be strictly and effectively enforced in the 2009–10 camel racing season. The Committee requests the Government to take measures to ensure the effective implementation of these regulations, including through unannounced inspections carried out by the labour inspectorate. It also requests the Government to provide information on the measures taken in this respect, and the results obtained, with regard to the elimination of the use of camel jockeys under the age of 18.
Article 7, paragraph 1. Penalties. The Committee previously noted that Decision No. 30-2002 of 8 August 2005 of the OFRC states that any person who violates the Camel Race Regulations shall be convicted by the courts. The Committee noted that the Government supplied a document showing the list of names of camel jockeys prohibited from participating in camel races by the OFRC, including two cases concerning a violation of the rules on the legal age to participate in camel races. The Committee observed that the Government’s report contained no information on the penalties imposed on persons who use under age children as camel jockeys in camel races in violation of Decision No. 30-2002 of 8 August 2005, and requested the Government to provide information on the penalties imposed.
The Committee notes the Government’s statement that the relevant bodies shall promulgate regulations and a statute on penalties with regard to the use of under age racing, after the application of the progressive age of 18 years during the 2009–10 season, and that it will communicate any developments in this regard. The Committee notes an absence of information in the Government’s report on the application of penalties imposed, pursuant to Decision No. 30-2002 of 8 August 2005, on persons who use under age camel jockeys. The Committee reminds the Government that, according to Article 7(1), of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including by laying down and imposing penal sanctions or, if appropriate, other sanctions. As the minimum age of 18 for camel jockeys comes into effect in the forthcoming 2009–10 season, the Committee urges the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties exist for the use of persons under 18 as camel jockeys, and that these penalties are applied in practice. In this regard, the Committee requests the Government to provide information on the practical application of penalties for the use of camel jockeys under the age of 18, including statistics on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes the Government’s report. It requests the Government to supply further information on the following points.
Article 3, clause (d), and Article 4, paragraph 1, of the Convention. Hazardous work. The Committee had previously noted the Government’s information that Omani law provides that juveniles under the age of 18 may not be employed in mines and quarries or in hazardous work. Moreover, an Occupational Safety and Health (OSH) Committee had been established between government ministries and private sector establishments, and was in charge, amongst others, of determining activities that were hazardous or physically demanding. The Committee had requested the Government to provide information on a provisional list of 43 hazardous occupations, types of work and industries prohibited for juveniles under the age of 18 years, which had been determined by the OSH Committee. Noting the absence of information on this point, the Committee once again requests the Government to keep it informed on the adoption of the list of hazardous occupations prohibited to children under 18 years of age and to supply a copy of this list as soon as it has been adopted.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted the Government’s information that childcare institutions in the Sultanate draw up the plans and programmes to provide the required support for the children. They also care for the child and provide for its rehabilitation if required. The Committee had requested the Government to indicate whether these institutions are in charge of rehabilitating child victims of trafficking and prostitution. If so, it had requested the Government to specify the number of children withdrawn from trafficking and from prostitution, respectively. Noting that the Government’s report contains no information in this regard, the Committee once again requests the Government to provide this information in its next report.
Parts IV and V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s information that the rate of children below the age of 18 is 49.12 per cent of the total Omani population. It had noted the Government’s statement that child labour does not exist in the Sultanate, due to the strict nature of the law in force. Social cohesion, the strictures of the Islamic faith and Omani family traditions also prevent child labour. Moreover, the phenomenon of the sale of children does not exist in Oman. The Committee notes the Government’s information that the most recent statistics indicate that child labour has diminished compared with the period 1999–2001. Particularly, the phenomenon of child labour has decreased due to improved economic and living conditions (per capita income increased during 2002–05 at an annual rate of 14.9 per cent). In fact, the improvement in the economic conditions is considered as one of the most important factors in the reduction of child labour in the Sultanate. Moreover, statistical information indicates that a rising percentage of persons are enrolled in basic and public education, which is provided free of charge in governmental schools.
Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. In its previous comments, the Committee had expressed concern for the health and safety of children under 18 years of age involved in camel racing and subject to exploitation. It had noted the Government’s statement that the Omani Labour Code does not allow for the employment of children under 18 years of age in hazardous work. According to the Government, camel races are a traditional and popular national sport from ancient times practised by adults and children and only Omani children ride as camel jockeys. The latter are not hired workers riding camels in return for a wage and, accordingly, the jockeys are not child labourers. The Committee had further noted that the Regulations on holding and organizing camel races in the Sultanate of Oman, issued by the Oman Equestrian and Camel Federation on 7 August 2005, state that no jockey under 18 years of age will be allowed to take part in camel races in the Sultanate of Oman. It had observed, however, that section 2 of these regulations states that the minimum age of 18 years for taking part in camel races would be reached progressively starting from a minimum age of 14 years, over four years starting from the 2005–06 season. The Committee had noted that the Government adopted a number of wide-ranging measures aimed at protecting the health and safety of camel jockeys under 18 years and providing them with training. While welcoming the measures aimed at protecting the health and safety of camel jockeys, it had considered that camel racing was inherently dangerous to the health and safety of children. It requested the Government to ensure that the measures to protect the health and safety of camel jockeys under 18 years of age were strictly enforced, pending the progressive increase in the minimum age to 18 for camel racing.
The Committee notes the Government’s information that the Omani Federation of Camel Racing fully observes the measures set down to protect the health and safety of camel jockeys under 18 years of age. In particular, it undertakes preventive measures to ensure the safety and security of camel jockeys in camel races, by obliging them to wear protective headgear and suitable clothing. It also notes the Government’s information that races only occur in Oman when the Omani Federation of Camel Racing – working under direct supervision of the Ministry of Sport Activities – agrees that all conditions are respected: camel jockeys are not young, they enjoy good health and conditions regarding the safety measures are fulfilled. According to the Government, the Omani Federation of Camel Racing continues to undertake unannounced inspection visits to verify that the age of camel jockeys is not less than 15 years. Since the Council of Ministers has approved the decision to increase the age of camel jockeys to 18 years, the Omani Federation of Camel Racing has issued a decision which specifies the gradual increase in the age of camel jockeys to 18 years in 2010, in order to take part in camel races. Meanwhile, in 2007, all camel jockeys participating in camel races are required to register their names with the Omani Federation of Camel Racing and hand over their passports, personal photographs and birth certificates to the Federation.
The Committee observes that, according to the Government’s information, the minimum age for taking part in camel races has been progressively raised from 14 to 15 years, in accordance with the Regulations on holding and organizing camel races in the Sultanate of Oman of 7 August 2005. It welcomes the measures taken by the Omani Federation of Camel Racing to increase supervision on the legal requirements that camel jockeys must fulfil to participate in camel races, especially on the legal age to participate in these races. The Committee requests the Government to pursue its efforts to ensure that the measures aimed at protecting the health and safety of camel jockeys under 18 years of age are strictly enforced, pending the progressive increase in the minimum age to 18 for camel racing. In this regard, it urges the Government to ensure that unannounced inspections are carried out by the labour inspectorate to ensure that children between 15 and 18 years of age do not perform their work under circumstances that are detrimental to their health and safety. It also requests the Government to continue providing information on the progress in raising the minimum age for taking part in camel races to 18 years.
Article 7, paragraph 1. Penalties. The Committee had previously noted that Decision No. 30-2002 of 8 August 2005 of the Omani Federation of Camel Racing states that any person who violates the Regulations on holding and organizing camel races in the Sultanate of Oman of 2005 shall be convicted by the court. It had requested the Government to indicate the applicable penalties under Decision No. 30-2002 of 8 August 2005. The Committee notes that the Government provides a document showing the list of names of camel jockeys prohibited from participating in camel races by the Omani Federation of Camel Racing due to violations of the regulations on racing. Two of these cases regard violations of the rules on the legal age to participate in camel races. The Committee observes that the Government’s report contains no information on the penalties imposed on persons who use under‑age children as camel jockeys in camel races in violation of Decision No. 30-2002 of 8 August 2005. It once again requests the Government to provide information on the penalties imposed on any person who employs a child as a camel jockey in violation of Decision No. 30-2002 of 8 August 2005.
The Committee is also addressing a direct request to the Government concerning other points.
The Committee notes the Government’s report. It notes with interest that Oman ratified the Minimum Age Convention, 1973 (No. 138), by Royal Decree 65/2005. It requests the Government to provide information on the following points.
Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Forced or compulsory labour. The Committee had previously noted that section 12(6) of the Basic Statute of the State prohibits compulsory labour, except when it is stated by virtue of a law and only for rendering a public service and in return for a fair remuneration. It had asked the Government to provide information on any law authorizing the exaction of compulsory labour which could include children under 18 years. The Committee notes the Government’s information that no laws have been promulgated in Oman permitting forced labour in the civil service for adults or children under 18 years of age. The Committee takes due note of this information.
2. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes the Government’s information that there is no compulsory military service in Oman. The laws in force do not allow children under the age of 18 to join the armed forces nor to participate in any armed conflict. Although children between the ages of 15 and 18 may be employed in the armed forces, they may only carry out civilian jobs and technical training programmes in technical training academies.
Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that sections 34 and 224 of the Penal Code punish the production, distribution and exposition of pornographic and obscene material. It had observed, however, that these legal provisions do not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee notes the Government’s information that there are no cases of use of pornographic performances in Oman, involving adults or juveniles, as this is against Islamic values and those of Omani society. Moreover, the Ministry of National Heritage reviews any video or cinematic material before granting the required license. It notes the Government’s statement that employment in pornographic or depraved occupations is totally prohibited in Oman and consequently, neither adults nor juveniles may be employed in pornographic or depraved occupations. Furthermore, sections 220-222 of the Penal Code provide for the punishment of any person who incites anyone to depravity, performs it or manages the place of its commerce. The sanction is harsher if the incitement involves a child under 18 years.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that, by virtue of sections 43(1) and 43(2) of the Law on the Control of Narcotic Drugs and Psychotropic Substances of 2000, it is prohibited to use a “minor” for importing, exporting, producing or manufacturing narcotic substances or psychotropic substances, cultivating, exporting or importing any of the plants listed therein in circumstances other than those legally authorized. It had asked the Government to provide a definition of “minor”. The Committee notes the Government’s information that the Omani legislation refers to a “child”, according to circumstances, by several names, such as “minor” or “juvenile”. All these indicate that a child is a person who has not reached the age of 18 years.
Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that, under section 79 of the Labour Code, the conditions and circumstances under which the employment of young persons shall be undertaken and the occupations, tasks, and activities in which young persons may be employed, shall be regulated by virtue of ministerial orders. It had requested the Government to provide information on the ministerial orders that determine the types of hazardous work that shall not be performed by boys and girls under 18 years of age. The Committee notes the Government’s information that Omani law provides that juveniles under the age of 18 may not be employed in mines and quarries or in hazardous work. It also notes the Government’s statement that an occupational safety and health (OSH) committee has been established between government ministries and private sector establishments, which is in charge, amongst others, of determining activities that are hazardous or physically demanding. The OSH Committee has determined a provisional list of 43 hazardous occupations, types of work and industries prohibited for juveniles under the age of 18 years, which is in the process of being reviewed by it. The Committee requests the Government to keep it informed on the adoption of the list of hazardous occupations prohibited to children under 18 years of age and to supply a copy of this list as soon as it has been adopted.
Article 5. Monitoring mechanisms. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that reports by the inspection visits of the Labour Affairs Department indicate that no cases of child labour were recorded in Oman in the past few years. The Committee also notes that the Government’s report contains comprehensive information on the number of private establishments inspected found in violation of the provisions regarding occupational health and safety at work. It further notes the Government’s statement that periodic inspections have verified the absence of violations in establishments for the employment of children. In fact, juveniles are not employed in the Sultanate due to the availability of cheap foreign labour and the provision of free education and health care to all citizens in the Sultanate. In this regard, the Government points out that only foreign workers over the age of 21 years may be admitted to the country for employment.
Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously requested the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to prevent the worst forms of child labour. The Committee notes the Government’s more recent information that the Labour Affairs Department and other authorities undertake several activities in the field of labour information, including: (a) individual and collective awareness-raising campaigns conducted on all labour issues including the worst forms of child labour; (b) promotional activities on the rights of the child and the elimination of the worst forms of child labour (Ministry of Social Development and Ministry of Education); and (c) pamphlets and posters about the rights of the child, children’s programmes and audio-video social programmes which deal with various issues regarding children (Ministry of Social Affairs).
Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code provides for sufficiently effective and dissuasive penalties of imprisonment for most offences related to the Convention. It had also noted the low amount of the fine imposed under section 188 of the Labour Code on anyone who employs a child under 18 years in breach of the relevant provisions of the Code. The Committee notes the Government’s information that the penalty provided for in section 118 is multiplied by the number of juveniles or women employed in violation of this provision. If the offence is repeated within a year of the first sentence, the employer may, in addition to the fine, be sentenced to imprisonment.
Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring free basic education. Following its previous comments, the Committee notes with interest the Government’s information that achieving universal primary education and eliminating gender disparity in all stages of education constitute two of the “Millennium Developments Goals and Targets” (hereinafter MDGs) to be achieved by 2015. The Government indicates that the net enrolment rate in primary education in 1993-94 was 86.6 per cent and has increased to 92.1 per cent in 2003-04, i.e. an annual increase of 0.62 per cent. The Committee takes note of the information contained in the Government’s report regarding the school enrolment rates for 2003 disaggregated by age (from 6 to 18 years) and gender. It notes the Government’s information that the Basic Education system, which was firstly implemented in 1998-99 in 17 schools, has now been applied in 352 Basic Education schools. It also notes the Government’s statement that the Ministry provides boarding schools to children from remote areas to enable them to pursue their education. Considering that education plays an important role in preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to continue providing information on the implementation of the measures aimed at achieving universal primary education.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that childcare institutions and children’s corners in the Sultanate draw up the plans and programmes to provide the required support for the children. They also care for the child and provide for its rehabilitation if required. The Committee requests the Government to indicate whether these institutions are in charge of rehabilitating children victims of prostitution and trafficking. If so, the Committee requests the Government to specify the number of children withdrawn from prostitution and from trafficking respectively.
Parts IV and V of the report form. The Committee notes the Government’s information that the rate of children below the age of 18 is 49.12 per cent of the total Omani population. It notes the Government’s statement that child labour does not exist in the Sultanate, due to the strict nature of the law in force. Social cohesion, the strictures of the Islamic faith and Omani family traditions also prevent child labour. The Committee also notes the Government’s statement that the phenomenon of the sale of children does not exist in Oman. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.
The Committee notes the information supplied in the Government’s report. It also notes the communication of the International Confederation of Free Trade Unions (ICFTU) dated 7 September 2005 and the reply of the Government thereto dated 20 March 2006. It requests the Government to supply further information on the following points.
Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. In its previous comments, the Committee had expressed concern for the health and safety of children under 18 years of age involved in camel racing and subject to exploitation. It had requested the Government to provide information on the measures taken or envisaged to ensure that camel jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety.
The Committee notes the ICFTU’s allegation that it is reported that certain camel owners from the United Arab Emirates (UAE, especially from al-Ain) hide young child camel jockeys in Oman (especially in al-Baraimmi), because the UAE have prohibited the use of jockeys under the age of 16 years. The ICFTU adds that camel owners form part of the local elite and enjoy impunity.
The Committee notes the Government’s statement that the Sultanate of Oman does not allow any work or activities conducive to the worst forms of child labour. Furthermore, the Omani Labour Code does not allow for the employment of children under 18 years of age in hazardous work. The Government adds that it verified that there are no camel jockeys being hidden by UAE camel owners in the Al Buraimmi area, or in any other region of the Sultanate of Oman.
The Committee notes the information contained in the Government’s report that camel races are a traditional and popular national sport from ancient times practised by adults and children just like swimming, football and wrestling and that only Omani children ride as camel jockeys. Moreover, they are not hired workers riding camels in return for a wage and accordingly the jockeys are not child labourers. In this regard, the Committee recalls that the prohibition on hazardous work applies to all forms of employment, not only to those under formal contracts of employment.
The Committee also notes the Government’s statement that the “Regulations on holding and organizing camel races in the Sultanate of Oman”, that were issued by the Oman Equestrian and Camel Federation on 7 August 2005, state that no jockey under 18 years of age will be allowed to take part in camel races in the Sultanate of Oman. However, the Committee notes that section 2 of these regulations states that the minimum age of 18 years for taking part in camel races will be reached progressively starting from a minimum age of 14 years, over four years starting from the 2005-06 season. The Committee expresses its concern at the continued use of children under 18 years of age as camel jockeys. It considers that camel jockeying, by its nature and the extremely hazardous conditions in which it is performed, is likely to harm the health and safety of child jockeys.
In this regard, the Committee notes that the Government has taken a number of wide-ranging measures aimed at protecting the health and safety of camel jockeys under 18 years. It notes the Government’s information that strict safety and security measures for the competitors are applied, such as wearing helmets, special belts to prevent falls and wind-proof clothing. Moreover, each competitor is equipped with communication equipment tied to his chest while the racetrack is ringed with sand barriers to stop the camels from bolting off the tracks. The Ministry of Sport, now supervising the sport of camel jockeying, is currently setting out competition rules for races. The Committee notes the Government’s statement that, with regard to camel jockeys’ training, this is not for extended periods, as most of the competitors are camel drivers in their daily lives, being Bedouins whose parents are camel breeders. Training sessions do not exceed one or two weeks before the race and do not last more than five minutes at a time and five rides a day, which means that the total training period does not exceed 40 minutes a day. In this way, the competitors’ schooling is not affected, because such exercises are part of their daily life and most of the races are organized during official holidays and after school hours.
The Committee takes note of the comprehensive information provided by the Government and welcomes the adoption of measures aimed at protecting the health and safety of camel jockeys. Nevertheless, it considers that camel racing is inherently dangerous to the health and safety of children. Therefore, the Committee requests the Government to ensure that the protective measures that are in place and which are aimed at protecting the health and safety of camel jockeys under 18 years of age are strictly enforced, pending the progressive increase in the minimum age to 18 for camel racing. In this regard, it urges the Government to ensure that unannounced inspections are carried out by the labour inspectorate to ensure that children between 14 and 18 years of age do not perform their work under circumstances that are detrimental to their health and safety. It requests the Government to continue providing information on progress made in raising the age to participate in camel jockeying to 18 years. Finally, the Committee hopes that the Government will follow in Qatar’s footsteps in respect of the prohibition and elimination of the use of children under 18 years for camel racing as well as the use of robot jockeys for the purpose of camel racing.
Article 7, paragraph 1. Penalties. The Committee had previously asked the Government to provide information on the measures taken to ensure that persons who exploit children in camel racing are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It notes that Decision No. 30-2002 of 8 August 2005 of the Oman Equestrian and Camel Federation states that any person who violates the “Regulations on holding and organising camel races in the Sultanate of Oman” shall be convicted by the Court. The Committee requests the Government to indicate the applicable penalties under Decision No. 30-2002 of 8 August 2005.
The Committee takes note of the Government’s first report. It requests the Government to supply further information on the following points.
Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee observes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 238) section 260 of the Penal Code provides that whoever deports or puts a person in a state similar to slavery commits an offence. The Government also states that, by virtue of section 261 of the Penal Code, it is prohibited to cause a person to enter into or exit from Oman in a state of servitude or slavery or thereby dispose of him, receive, possess, acquire or maintain that person in such state. The Committee asks the Government to provide a copy of the relevant provisions of the Penal Code.
2. Forced or compulsory labour. The Committee notes that section 12(6) of the Basic Statute of the State dated 6 November 1996, provides that it is prohibited to impose any compulsory work on anybody except by virtue of a law and only for rendering a public service and in return for a fair remuneration. The Committee asks the Government to provide information on any law authorizing the exaction of compulsory labour which could include children under 18 rendering a public service in return for a fair remuneration.
3. Compulsory recruitment of children for use in armed conflict. The Committee notes the absence of information in the Government’s report on this point. The Committee accordingly requests the Government to provide a copy of the provisions fixing the minimum age for compulsory recruitment of children for use in armed conflict.
Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to the Government’s indication, it is prohibited under section 221 of the Penal Code to incite, by means of coercion, intimidation or seduction, a person to engage in prostitution. The Committee observes that the Government refers to the same provision, in its report to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 235), but quotes it as section 220 of the Penal Code. Furthermore, it observes that the Government indicates to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 235) that section 221 of the Penal Code states that whoever on his subsistence relies, wholly or partly, on gains derived from prostitution practised under his protection or influence of dominance, commits an offence. The Committee accordingly asks the Government to supply a copy of the relevant penal provisions.
2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 34 of the Penal Code, offences publicized by any of the following means shall be deemed public offences: writings, paintings, drawings, photographs, films and signs of all kinds, if exhibited in a public place exposed to sight or accessible to the public. Section 224 of the Penal Code provides that any person who commits an offence by any of the means stated in section 34 is liable to ten days to one year imprisonment and a fine of two to Riyals 50. The same penalty shall be applied to any person who produces, keeps, distributes or exposes pornographic letters or pictures or other indecent matter. Scientific or technical production shall not be deemed indecent unless exposed for purposes other than scientific, to a person of less than 18 years. The Committee observes however that these legal provisions do not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and is therefore prohibited for children under 18. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited and that effective penalties are provided.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of sections 43(1) and 43(2) of the Law on the Control of Narcotic Drugs and Psychotropic Substances of 2000, it is prohibited to use a minor for importing, exporting, producing or manufacturing narcotic substances or psychotropic substances, cultivating, exporting or importing any of the plants listed therein in circumstances other than those legally authorized. The Committee asks the Government to provide a definition of the term "minor".
Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes that, by virtue of section 76 of the Labour Code of 2003, night work (i.e. from 6 p.m. to 6 a.m.) is prohibited for children under 18 years of age. Section 77 also prohibits young persons from working overtime and working during rest periods and on official holidays. The Committee notes that section 79 of the Labour Code states that the conditions and circumstances under which such employment shall be undertaken, the occupations, tasks and activities in which young persons may be employed, in accordance with their age groups, shall be regulated by virtue of ministerial orders. It also notes that section 82 of the Labour Code prohibits the employment of females in tasks which jeopardize their health and in dangerous or other tasks as specified in a Ministerial Order. The Committee notes the absence of information in the Government’s report on any Ministerial Order listing the types of hazardous work prohibited for children under 18. The Committee accordingly asks the Government to provide information on the Ministerial Orders that determines the types of hazardous work that shall not be performed by boys and girls under 18 years of age.
Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.
Article 5. Monitoring mechanisms. Labour inspectorate. The Committee takes note of the Government’s indication that the Ministerial Department of Worker’s Welfare and the labour inspectorate monitor the application of the Labour Code. The Committee observes that section 90 of the Labour Code provides for the appointment of labour inspectors to supervise the implementation of the legal provisions on working conditions (including matters related to health and safety) of workers. Labour inspectors may enter workplaces, consult any relevant registers or documents in the enterprise, question workers, and draft a report to be presented to the competent authority. The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.
Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that child labour does not exist in Oman. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Oman.
Article 7, paragraph 1. Penalties. The Committee observes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 238), section 260 of the Penal Code provides that a person who deports or puts a person in a state similar to slavery is liable to imprisonment for five to 15 years. The Government also states that, by virtue of section 261 of the Penal Code, a person who causes another person to enter into or exit from Oman in a state of servitude or slavery or thereby disposes of that person, receives, possesses, acquires or maintains him/her in such state, shall be punished with imprisonment for three to five years. The Committee also observes that forced labour is prohibited under section 12 of the Basic Statute of the State, but no penalties are provided for in the Statute. The Committee further notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 235), section 220 of the Penal Code imposes a penalty of imprisonment of three to five years on any person who incites another to prostitution by the use of coercion, threat or deception. The penalties shall not be less than five years if the victim was below the age of 18 years. The Government further indicates that section 221 of the Penal Code provides that whoever on his/her subsistence relies, wholly or partly, on gains derived from prostitution practised under his/her protection or influence of dominance, shall be punished with imprisonment of three months to three years and a fine of Riyals 20 to 100 (approximately US$260). Sections 43(1) and 43(2) of the Law on the Control of Narcotic Drugs and Psychotropic Substances imposes the death penalty on a person who uses a minor under 18 for importing, exporting, producing or manufacturing narcotic substances or psychotropic substances; cultivating, exporting or importing any of the plants (listed therein) in circumstances other than those legally authorized. The Committee also observes that section 118 of the Labour Code states that a person who violates the provisions related to the employment of children is liable to a fine of Riyals 100. The Committee asks the Government to provide information on the practical application of the abovementioned provisions
The Committee notes the low amount of the fine imposed under section 118 of the Labour Code and requests the Government to provide information on the measures taken or envisaged to ensure that a person who employs a child under 18 years in breach of the provisions of the relevant provisions of the Labour Code is liable to sufficiently effective and dissuasive penalties.
Paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the existence of time-bound and effective measures: (b) to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) to ensure access to free basic education; (d) to identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(b), (c), (d) and (e) of the Convention.
Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee observes that, by virtue of section 13 of the Basic Statutes, the State shall provide for public education and work to combat illiteracy. According to the Government’s report to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraphs 50, 172, 173), primary and secondary education is free of charge, and available to all children aged six to 12 living in Oman, regardless of their nationality. Secondary education is available to those who have successfully completed primary education and the preparatory stage of education. The Government also indicates that, in 1998, the Ministry of Education implemented the Basic Education System, which will last ten years. The basic education programme aims at providing education for all children up to 16 years of age. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.161, Concluding Observations, parasgraphs 43 and 44), expressed its concern at the absence of compulsory primary education and high number of drop-outs and repetitions at primary, preparatory and secondary levels, especially among boys. The Committee observes that, according to the Government’s information to the Committee on the Rights of the Child (CRC/C/78/Add.1, Answers to the question of the Committee on the Rights of the Child, page 15) the enrolment rate in primary education was 94 per cent in 1999/2000, 72.4 per cent at the preparatory level, and 55 per cent in secondary education. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to provide information on the progress achieved in implementing the Basic Education System as well as the measures taken or envisaged to make primary education compulsory.
Article 8. 1. International cooperation. The Committee notes that Oman is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1997.
2. Regional cooperation. The Committee notes that according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 236), Oman has entered into several conventions aiming at the eradication of various forms of child sexual exploitation such as: (i) the Security Agreement between the Sultanate and the Kingdom of Saudi Arabia, ratified by Royal Decree No. 32/82; (ii) the Security Agreement among the Arab Gulf Cooperation Council countries, ratified by Royal Decree No. 11/95; (iii) the Agreement with Gulf Cooperation Council countries for the Execution of Judgements and Orders and Judicial Summons, ratified by Royal Decree No. 17/96; and (iv) the Joint Cooperation Agreement between the Sultanate and the Republic of India, ratified by the Royal Decree No. 107/96. The Committee requests the Government to provide information on the impact of these measures of cooperation on eliminating the commercial sexual exploitation of children under 18 years of age.
Part III of the report form. Noting the absence of information in the Government’s report on this point, the Committee requests the Government to supply information on any court decisions regarding the legislation relevant to the application of the Convention.
Part IV. The Committee would be grateful if the Government could provide a general appreciation of the manner in which the Convention is applied in Qatar, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.
Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.
The Committee takes note of the Government’s first report. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issue of the use of children as camel jockeys can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.
Article 3. The worst forms of child labour. Clause (d). Hazardous work. In its previous comments, the Committee had expressed concern at the situation of children under 18 years of age involved in camel racing and subject to exploitation. It had also noted that by its nature and the extremely hazardous conditions in which it is performed, camel racing is likely to harm the health and safety of camel jockeys under 18 years of age. The Committee notes that the Government is aware of the dangers of camel jockeying and understands the importance of social dialogue with camel owners. The Government also states that it organized meetings with officials to avoid the negative impact and hazards encountered by contestants. The Committee further notes the Government’s indication that, in consultation with the Omani Federation of Riding and Camel Racing, it discussed and promulgated by-laws which, in light of the obligation arising from the ratification of Conventions Nos. 29 and 182, prohibit forced labour and the worst forms of child labour.
The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that no children under 18 perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee asks the Government to supply a copy of the abovementioned by-laws prohibiting the worst forms of child labour. The Committee also asks the Government to provide information on the measures taken or envisaged to ensure that camel jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety.
Article 7, paragraph 1. Penalties. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. The Committee accordingly asks the Government to provide information on the measures taken to ensure that persons who exploit children in camel racing are prosecuted and that sufficiently effective and dissuasive penalties are imposed.
The Committee is also addressing a direct request to the Government concerning other detailed points.