Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 29) sur le travail forcé, 1930 - Oman (Ratification: 1998)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of the Act on the Suppression of Human Trafficking (promulgated by Royal Decree No. 126–2008 of 23 November 2008), which makes human trafficking leading to any form of exploitation such as sexual exploitation or forced labour a criminal offence punishable by a prison sentence of three to 15 years and a fine. It also notes that the National Committee for the suppression of human trafficking held its first meeting in April 2009 in order to promote the combat against human trafficking, and that 94 labour inspectors have been appointed for this purpose. The Committee takes note of the information regarding measures for prevention and for the protection of victims of trafficking. It notes in particular the adoption of a circular prohibiting employers from confiscating the passports of migrant workers, and the establishment of a shelter for the victims of human trafficking which is under the responsibility of the police force. The Government also indicates that the Ministry of Labour set up a supervisory mechanism in December 2008 whereby incidences of human trafficking can be identified by monitoring bank accounts, work contracts and payslips and conducting unannounced inspections of workplaces. Victims of trafficking who have fled abusive employers without obtaining the sponsorship of new employers are allowed to stay in the country for at least one month to look for a new sponsor.

In the same context, the Government states that it has organized information campaigns to raise awareness among workers and employers about the problem of trafficking. Besides, the Ministry of Labour has distributed brochures in embassies, airports and recruitment agencies, translated into 11 languages, in order to inform migrant workers of their rights.

The Committee notes from the Government’s report that a cooperation agreement was signed in November 2008 with the Government of India to further develop the exchange of data on the unlawful recruitment of Indian workers and to ensure that they have adequate protection against certain forms of abuse.

The Committee notes the information on the first trial for human trafficking in connection with sexual exploitation, which took place in 2009 and in which the offenders were sentenced to a prison term of seven years pursuant to the Act on the Suppression of Human Trafficking. The Committee hopes that the Government will take the necessary steps to ensure that the Act on the Suppression of Human Trafficking is fully and effectively applied and that in its next report it will provide up-to-date information on the application of the Act in practice, indicating, in particular, the number of cases of trafficking in persons recorded, the convictions and the sentences handed down.

Article 2(2). Exceptions to the ban on forced or compulsory labour. In its previous comments, the Committee took note of the provisions of section 12 of the Basic Statute of the State, enacted by Sultan’s Decree No. 101/96 of 6 November 1996, under which a person may not be required to undertake forced labour of any kind other than work authorized by law performed in the public interest and for remuneration. The Committee took the view that the very general wording of section 12 of the Basic Statute of the State left room for the adoption of a law which could allow forms of forced labour to be imposed for public purposes.

The Committee notes the information supplied by the Government to the effect that section 3bis of the Labour Code prohibits any employer from imposing any form of forced or compulsory labour whatsoever and that sections 76–80 of the Basic Statute of the State forbid any state body to adopt legislation that is inconsistent with ratified international instruments which form part of the country’s legislation. The Government also indicates that it will keep the Office informed of any amendments or changes to the Basic Statute of the State or any other relevant legislation.

While noting this information, the Committee reiterates the hope that, in the context of a possible revision of the Basic Statute of the State, the amendment of section 12 will be envisaged so as to define clearly and restrictively the forms of compulsory labour and service that may be required on an exceptional basis, so as to bring this provision into conformity with those of the Convention. Pending such a revision, the Committee again asks the Government to keep the ILO informed of any texts adopted under section 12 and to send copies of the relevant provisions.

Article 2(2)(c). Prison labour. In its previous comments the Committee took note of section 15 of Sultan’s Decree No. 48 of 26 July 1998 promulgating the Prisons Act, which requires prisoners to work both in and outside the prison premises. It notes that in its report, the Government states that prisoners do not work for individuals, enterprises or associations. The Committee would be grateful if the Government would provide a copy of the provisions governing the organization of prison labour both in and outside prison premises.

Article 25. Penal sanctions for the unlawful performance of forced or compulsory labour. The Committee notes that sections 260 and 261 of the Penal Code prohibit slavery and provide for a prison sentence of three to 15 years on any person committing such an offence, and that section 220 of the Code provides for a prison sentence of three to five years for the imposition of forced prostitution. The Committee would be grateful if the Government would provide information on the practical application of these provisions, particularly on the penal procedures and the penalties applying under these provisions.