Oman human rights record
The Sultanate of Oman is a monarchy that has been ruled by the Al Bu Sa'id family since the middle of the 18th century. It has no political parties, but does have one representative institution, which is directly elected by voters selected by the Government
Although the Sultan retains firm control over all important policy issues, he has brought tribal leaders--even those who took up arms against his family's rule -- and other notables into the Government. In accordance with tradition and cultural norms, much decisionmaking is by consensus among these leaders.
In 1991 the Sultan established a 59-seat Consultative Council, or Majlis Al-shura, which replaced an older advisory body. Beginning with the September elections, Council members are chosen directly by the vote of 175,000 government-selected electors. The Council was expanded to 83 seats for the September elections. The Council has no formal legislative powers but may question government ministers, even during unrehearsed televised hearings, and recommend changes to new laws on economic and social policy, which sometimes leads to amendments to proposed decrees.
Since 1970 Oman has used its modest oil revenue to make impressive economic progress and improve public access to health care, education, and social services.
The Government generally respected its citizens' human rights in several areas; however, its record was poor in a number of other areas, and serious problems remain. Human rights abuses have included mistreatment of detainees, arbitrary arrest, prolonged detention without charge, and the denial of due process. The Government restricted freedom of expression and association and did not ensure full rights for women and workers.
The 1996 Basic Charter provides for many basic human rights, such as an independent judiciary, and freedoms of association, speech, and the press. The Basic Charter states that the Government was to strive to issue all enabling laws within 2 years of November 1996; however, this has not occurred. Only certain laws pertaining to the legal code for family and interpersonal relationships, to judicial reform, and to aspects of the Finance Ministry, had been enacted by year's end. There has been no public statement made by the Government noting the end of the 2-year period since issuance of the Basic Charter and proposing a new target date for implementation.
There have been allegations in the past that the security forces abused some detainees, particularly during interrogation. The abuse does not appear to have been systematic and often varied depending upon the social status of the victim, the official involved, and the location of the incident (for example, whether the abuse occurred in a rural or an urban area). The authorities have made efforts to prevent such abuse, and there were no confirmed incidents of such abuse in recent years. Unlike in previous years, there were no reports that detainees sometimes were left in isolation with promises of release or improved treatment as a means to elicit confessions or information. Judges have the right to order investigations of allegations of mistreatment. The 1996 Basic Charter, which has not yet been implemented in this area, specifically prohibits "physical or moral torture" and stipulates that all confessions obtained by such methods are to be considered null and void. There were no reports of torture during the year.
The police may obtain warrants prior to making arrests but are not required by law to do so. However, within 24 hours of arrest, the authorities must obtain court orders to hold suspects in pretrial detention, and the police are required to file charges or ask a magistrate judge to order continued detention. However, in practice the police do not always follow these procedures. Judges may order detentions for 14 days to allow investigation and may grant extensions if necessary. There is a system of bail. The 1996 Basic Charter provides for certain legal and procedural rights for detainees; however, these provisions have yet to be implemented.
Police handling of arrests and detentions constitutes incommunicado detention in some instances. The police do not always notify a detainee's family or, in the case of a foreign worker--the worker's sponsor--of the detention. Sometimes notification is made only just prior to the detainee's release. The authorities post the previous week's trial results (including the date of the trial, the name of the accused, the claim, and the sentence) near the magistrate court building in Muscat. The police do not always permit attorneys and family members to visit detainees. Judges occasionally intercede to ensure that security officials allow such visits.
The judiciary comprises the magistrate courts, which adjudicate misdemeanors and criminal matters; the Shari'a (Islamic law) courts, which adjudicate personal status cases such as divorce and inheritance, and which are administered by the Ministry of Justice; the commercial courts; the Labor Welfare Board; and the Rent Dispute Committee, which hears tenant-landlord disputes.
The Criminal Appeals Panel also is presided over by the President of the Magistrate Court in Muscat, and includes the court's vice president and two judges. This panel hears appeals of rulings made by all courts of first instance. In the past, specially trained prosecutors from the Royal Oman Police (ROP), all of whom are trained as policemen as well as prosecutors carried out the role of public prosecutor in criminal cases; however, as a step toward implementing a November 1999 Royal decree affirming the independence of the judiciary, prosecutors were made independent of the ROP.
The Criminal Code does not specify the rights of the accused. There are no written rules of evidence, codified procedures for entering cases into the criminal system, or any legal provision for a public trial. Criminal procedures have developed by tradition and precedents in the magistrate courts. In criminal cases, the police provide defendants with the written charges against them; defendants are presumed innocent and have the right to present evidence and confront witnesses. The prosecution and the defense direct question to witnesses through the judge, who is usually the only person to question witnesses in court. A detainee may hire an attorney but has no explicit right to be represented by counsel. The 1996 Basic Charter affirms both right to counsel and government-funded legal representation for indigents; however, these provisions have yet to be implemented, and the Government does not pay for the legal representation of indigents. Judges often pronounce the verdict and sentence within 1 day of the completion of a trial. Defendants may appeal jail sentences longer than 3 months and fines over the equivalent of $1,300 (480 rials) to a three-judge panel. Defendants accused of national security offenses and serious felonies do not have the right of appeal.
There were no reports of political prisoners.
The police are not required by law to obtain search warrants. There is a widespread belief that the Government eavesdrops on both oral and written communications, and citizens are guarded in both areas. Citizens must obtain permission from the Ministry of Interior to marry foreigners, except nationals of the Gulf Cooperation Council (GCC) countries. Such permission is not granted automatically. Delays or denial of permission have resulted in secret marriages within Oman. Marriages in foreign countries can lead to denial of entry into Oman of the foreign spouse and prevent a legitimate child from claiming citizenship rights.
The law prohibits criticism of the Sultan in any form or medium. The authorities tolerate criticism of government officials and agencies, but such criticism rarely receives media coverage. The announced 1996 Basic Charter provides for freedom of opinion expressed in words, writing, or all other media within the limits of the law; however, these provisions have yet to be implemented. The 1984 Press and Publication Law authorizes the Government to censor all domestic and imported publications. Ministry of Information censors may act against any material regarded as politically, culturally, or sexually offensive. Journalists and writers generally censor themselves to avoid government harassment.
The Government, through its national telecommunications company, provides full, uncensored Internet access to citizens and foreign residents; however, as use of the Internet to express views not normally permitted in other media has grown, the Government has taken some steps to monitor and control its use. Warnings have appeared on web sites that criticism of the Sultan or personal criticism of government officials is likely to be censored; however, at least some of these sites have operated without apparent interference.
The appropriate government authority, such as Sultan Qaboos University, the police, or the relevant ministry, must approve public cultural events, including plays, concerts, lectures, and seminars. Most organizations avoid controversial issues due to fear that the authorities may cancel their events. Academic freedom is restricted, particularly regarding controversial matters, including politics. Professors may be dismissed for going beyond acceptable boundaries.
The law does not ensure freedom of assembly; all public gatherings require government sponsorship. The authorities do not always enforce this requirement, and gatherings sometimes take place without formal government approval.
The Government uses the power to license associations to control the political environment. It does not license groups regarded as a threat to the predominant social or political views of the Sultanate.
Islam is the state religion, which is affirmed by the 1996 Basic Charter. The 1996 Basic Charter provides that Shari'a is the basis for legislation and preserves the freedom to practice religious rites, in accordance with tradition, provided that such freedom does not breach public order.
Discrimination against individuals on the basis of religion or sect is prohibited. Implementing decrees for the 1996 Basic Charter in this area have not yet been established. Non-Muslim religious organizations must be registered with the Government and the Government restricts some of their activities. Most citizens are Ibadhi or Sunni Muslims, but there is also a minority of Shiaa Muslims. Non-Muslims are free to worship at churches and temples built on land donated by the Sultan. There are many Christian denominations, which utilize two plots of donated land on which two Catholic and two Protestant churches have been built. Hindu temples also exist on government-provided land. Land has been made available to Catholic and Protestant missions in Sohar and Salalah.
The Government prohibits non-Muslims from proselytizing. It also prohibits non-Muslim groups from publishing religious material, although religious material printed abroad may be brought into the country. Members of all religions and sects are free to maintain links with coreligionists abroad and undertake foreign travel for religious purposes. The police monitor mosque sermons to ensure that the preachers do not discuss political topics and stay within the state-approved orthodoxy of Islam. The Government expects all imams to preach sermons within the parameters of standardized texts distributed monthly by the Ministry of Awqaf and Religious Affairs.
The Government does not restrict travel by citizens.
The Government did not have a policy on refugees or a tradition of harboring stateless or undocumented aliens. The 1996 Basic Charter prohibits the extradition of political refugees; however, this provision has not yet been implemented. The issue of the provision of first asylum did not arise during the year. Oman offered temporary refuge to several thousand Yemenis displaced by a civil war in 1994. They returned to Yemen after the war. Tight control over the entry of foreigners into the country effectively has screened out would-be refugees.
Oman is an autocracy in which the Sultan retains the ultimate authority on all important foreign and domestic issues. The country has no formal democratic political institutions, and its citizens do not have the ability peacefully to change their leaders or the political system.
The Sultan promulgated the country's first defacto written constitution, known as the Basic Charter, in November 1996. Although it has immediate force of law, most laws and regulations to implement its provisions have not yet been enacted; it is expected that this process may take until 2001 or beyond to be completed. The law does not provide for political parties or direct elections. Citizens have indirect access to senior officials through the traditional practice of petitioning their patrons, usually the local governor--or wali, for redress of grievances. Successful redress depends on the effectiveness of the patron's access to appropriate decisionmakers. The Sultan appoints the governors. The Sultan makes an annual 3-week tour of the country, accompanied by his ministers. The tour allows the Sultan to listen directly to his subjects' concerns.
In 1991 Sultan Qaboos established a Consultative Council, or Majlis Al-shura. In 1994 he expanded the number of Council seats to 80 from the original 59, which resulted in the allocation of 2 members for districts with a population of more than 30,000. Due to the population increase from 1994 to 2000, the number of seats was expanded further to 82 for the 1997 elections and to 83 for the September elections. Unlike in 1999, when the Government selected the Council members from several nominees who were elected only by prominent persons in each district, the Government established a new system beginning with the September elections under which council members, male and female, are elected directly by receiving the most votes from eligible voters in their districts. In the October 1997 elections, 55,000 men and women, 3 percent of the total population, were eligible to nominate Council members in all districts throughout the country. In the September elections, the Government selected more than 175,000 men and women to register to vote, of whom 114,000 registered and 100,000 voted. The number of eligible female voters increased from 5,000 to 52,000. In August a royal decree abolished the prior procedure under which voters (or electors) had volunteered as candidates for Council seats, had their police records checked by the Government, and relied on government approval of their decision to run. If the Sultan decided not to appoint them, the nominees with the most votes did not win appointment to the Council. Under the new procedures, candidates are not subject to government scrutiny, and the Sultan no longer ratifies winning candidates. At least two sitting members of the Council were excluded from standing for reelection in September because of their criticism of ministers during previous council sessions. The Council has no formal legislative powers, which remain concentrated in the Sultan's hands; however, it serves as a conduit of information between the people and the government ministries.
The Council may question government ministers in public or in private, review all draft laws on social and economic policy, and recommend legislative changes to the Sultan, who makes the final decision.
During the year, the membership of the Majlis Al-Dawla (Council of State), which was established in 1997, was increased from 41 to 48 members. The precise responsibilities of the Council of State and its relationship to the existing Consultative Council have yet to be clarified. The Council of State and the Consultative Council together form the Majlis Oman, or Council of Oman. A royal directive issued in April prohibited members of the Council of Oman from serving more than two 3-year terms.
The Sultan publicly has advocated a greater role for women in both the public and private sectors; however, women remained underrepresented in government and politics.
In the 1997 elections, the Government selected two women from among the nominees to serve on the Consultative Council. In December 1997, the Sultan appointed 4 women to the 41-member Majlis Al-Dawla; during the year he appointed 5 women to the now 48-member body. In 1999 the Sultan, for only the second time, appointed a woman to the Oman Chamber of Commerce and Industry (OCCI) board.
The Government prohibits the establishment of human rights groups. The existing restrictions on the freedom of speech and association do not permit any activity or speech critical of the Government. There were no known requests by international human rights organizations to visit.
The 1996 Basic Charter prohibits discrimination on the basis of sex, ethnic origin, race, religion, language, sect, place of residence, and social class; however, decrees to implement its provisions have not been promulgated.
Most women live within the confines of their homes. They continue to face many forms of discrimination. Illiteracy among older women hampers their ability to own property, participate in the modern sector of the economy, or even inform themselves of their rights. Government officials frequently deny women land grants or housing loans and prefer to conduct business with a woman's husband or other male relative. Women require permission from a male relative to leave the country.
Since 1970 conditions for women have improved dramatically in several areas.Women also have made gains in the work force. Some educated women have attained positions of authority in government, business, and the media. Approximately 30 percent of all civil servants are women; of these, 59 percent are citizens.In both the public and private sectors, women are entitled to maternity leave and equal pay for equal work. The government bureaucracy, the country's largest employer of women, observes such regulations, as do many private sector employers.
Some members of the Shiaa Muslim minority claim that they face discrimination in employment and educational opportunities. However, some members of this same community occupy prominent positions in both the private and public sectors.
In the past, citizens of east African origin complained that they frequently faced job discrimination in both the public and private sectors. Some public institutions reportedly favor hiring members of one or another regional, tribal, or religious group. However, no group is banned from employment.
The current law stipulates that "it is absolutely forbidden to provoke a strike for any reason." The Government has not yet promulgated a new labor law that was first drafted by the Ministry of Social Affairs and Labor in 1994. In the last quarter of 1996, the Consultative Council recommended some changes to the draft, but the Government has not yet issued the new law. Government officials have stated that the new labor law is to be consistent with international labor standards.
The current law does not provide for the right to collective bargaining; however, it requires that employers of more than 50 workers form a joint labor-management committee as a communication forum between the two groups.
The 1973 Labor Law prohibits forced or bonded labor, and although the enabling laws have not yet been implemented, the 1996 Basic Charter affirms that forced or bonded labor for any person is prohibited.
The 1973 Labor Law prohibits children under the age of 13 from working.
The minimum wage is sufficient to provide a decent standard of living for a worker and family.