Oman Legal Rights

In April, the authorities postponed the trial of Musallam al-Maashani sine die diel. In November 2019, human rights organizations reported that authorities arrested al-Maashani at the Sarfait border crossing after he returned from Yemen. These groups and social media users claimed that authorities arrested al-Maashani for printing a book documenting tribal activities in Dhofar and submitting it to the Ministry of Information for display at the Muscat International Book Fair in 2020. According to social media posts, authorities released al-Maashani on bail in November after about two weeks in detention. The law allows domestic and international actors to seek permission to engage in human rights activities, but none did so because they thought the government was unlikely to grant permission. In 2012, an appeals court upheld the convictions of 29 human rights activists for insulting the sultan and unlawful assembly, and all but one have served prison sentences. Amnesty International said it believed that “many, if not all, detainees are detained solely for peacefully exercising their right to freedom of expression or assembly and are therefore political prisoners.” and called on Oman to immediately release all those “detained solely for peacefully exercising their right to freedom of expression or assembly.” [25] In September 2012, Freedom House criticized “the escalation of government efforts to strengthen its online and offline control in the wake of the Arab Spring-inspired riots”[3], and Front Line Defenders condemned “the continued judicial harassment against .. human rights defenders and peaceful protesters” and expressed his view that this harassment “is directly related to their legitimate human rights activities”. [26] Sexual exploitation of children: Commercial sexual exploitation of children and child pornography are punishable by at least five years in prison. The Penal Code provides for life imprisonment for the rape of a child under the age of 15. The minimum age for consensual sexual relations is 18. Any sexual intercourse outside marriage is illegal, but sexual intercourse with a minor under the age of 15 is punished more severely (up to 15 years in prison).

The authorities do not charge fees for minors. No known cases of child prostitution have been reported; It is forbidden to invite a child into prostitution. The government has generally effectively enforced existing laws and respected the right to bargain and strike collectively, although strikes are prohibited in the oil and gas industry. The government provided an alternative dispute resolution mechanism through the Ministry of Labor, which served as an intermediary between employer and employee for minor disputes such as wage disagreements. If the employee was not resolved to his satisfaction, he could turn to the courts to remedy the situation, and this was often the case. The country lacked specialized labour courts, and observers noted that mandatory complaint procedures were confusing for many workers, especially foreign workers. The Ministry of Labour had sufficient resources to intervene in the resolution of disputes. There were no independent and officially sanctioned national human rights organizations in the country. Civil society groups advocated for persons protected by human rights conventions, particularly women and persons with disabilities. These groups had to register with the Ministry of Social Development.

It is illegal to create, import and/or share pornographic images and videos, even if they have been created for personal use and with the consent of the parties involved. The Ministry of Social Development is responsible for protecting the rights of persons with disabilities. The Directorate-General for Disability Issues of the Ministry of Social Development develops and implements programmes for persons with disabilities in coordination with the relevant authorities. The Directorate has also been authorized to supervise all rehabilitation and treatment centres of the Ministry of Persons with Disabilities. Article 64 The Public Prosecutor`s Office conducts legal proceedings on behalf of the Community, supervises judicial cases and supervises the application of the Criminal Code, the prosecution of the guilty and the execution of judgments. The law regulates the Public Prosecutor`s Office and its powers and establishes the conditions and security that apply to those who exercise its functions. In exceptional cases, the public security services may be legally authorized to prosecute administrative offences under the conditions provided for by law. Sponsorship requirements have made workers vulnerable to conditions of exploitation and abuse and have made it difficult for them to change employers (see Section 2.d). Some respondents allow their employees to work for other employers, sometimes for a fee. This practice is illegal, but enforcement was weak and such agreements have left workers vulnerable. The government made it clear that sponsors of domestic workers could not send their workers to another home to work, but the ordinance was weakly enforced.

Some employers of domestic workers withheld passports and other documents, contrary to the law, making it difficult to dismiss workers for unfavourable contracts and preventing workers from leaving after their employment contracts expired. The ROP decided on May 31 that expatriates will be banned from May 1. As of January 2021, they no longer need a “No Objection Certificate” (NOC) from their employers to get a new job after their employment contract is concluded or terminated. Some employers have used the NOC requirement to charge exorbitant termination fees of up to four months` salary before allowing workers to change employers. Until the NOC requirement is abolished, foreign workers must leave the country for at least two years or keep their current position. It was reported that proponents were reluctant to provide NOCs, which would result in the loss of the foreign labour certificate for this position. Women continued to be deprived of all their rights in law and practice. In January, as part of the UPR process, Oman rejected recommendations to withdraw its remaining reservations to the Convention on the Elimination of All Forms of Discrimination against Women, including those granting women the same rights as men with regard to the nationality of children, marriage, marriage, divorce and other family matters. It also rejected recommendations to criminalize marital rape. The government restricted peaceful freedom of assembly and association. Human rights organizations expressed concern that overly broad provisions in the penal code could further restrict the work of human rights defenders and restrict freedom of assembly and association.

GFOW has responded to reports of labour rights violations, some of which were triggered by the COVID-19 economic downturn. During the COVID-19 outbreak in the country, GFOW received complaints that employers had reduced or not paid wages, forced workers to take unpaid leave, and deducted quarantine time from workers` vacation banks, according to several local press reports. As of September, GFOW statistics published showed that the association had received 370 reports of violations, participated in more than 200 settlement agreements, and referred some companies to prosecutors. The law provides that an adult can become a citizen by applying for citizenship and legally residing in the country for 20 years or 10 years if married to a male citizen. Descendants of African servant tribes and slaves, who are considered non-Arab blood, face widespread discrimination. [41] Freedom House noted in 2016 that “the 1996 Basic Law prohibits discrimination on the basis of sex, religion, ethnicity, and class. However, Omani law does not protect non-citizens from discrimination. [42] About a quarter of Omani residents “remain without legal protection.” [43] In 2003, Human Rights Watch called on Sultan Qaboos to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. [20] The law does not allow the ROP to arrest or detain a person “without an order from a relevant judicial authority.” The law states that the police must either release the person or refer the case to the prosecutor`s office within 48 hours. For most crimes, the prosecution must then order “preventive detention” or release the person within 24 hours; Pre-trial detention is justified if “the incident is a criminal offence or an administrative offence punishable by imprisonment”. A preventive detention order cannot exceed 30 days or 45 days for offences involving public funds, narcotics and psychoactive drugs. The law stipulates that arrested persons must be immediately informed of the charges against them.

The government has generally complied with these requirements. There was a bail system that worked. Detainees generally had immediate access to a lawyer of their choice. The state provided prosecutors for impoverished prisoners, as required by law. The authorities generally allowed detainees immediate contact with family members. In cases involving foreign nationals, police sometimes failed to inform the detainee`s local sponsor or the citizen`s embassy.

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