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Civil Liberties, and the Establishment of Associations and Political Parties

 

Despite Oman’s claims that it permits civil activity and boasts an active civil society, such activity in the country is restricted to specific purposes or objectives. Any activity or establishment of associations with a focus on human rights or political matters is expressly prohibited. Article 1 of the Civil Associations Law limits the functions of associations to cultural, social, or charitable purposes, while Article 5 explicitly forbids involvement in political activities.

Furthermore, the law grants the Ministry the authority to refuse the registration of any association if it determines that society does not require its services or if the association’s objectives are deemed inconsistent with the security or interests of the state.

Under the Basic Statute of the State, Article 40 provides for the right to form associations, but only “on national foundations,” without offering a clear definition of what constitutes “national foundations” or “legitimate objectives” as referenced in the article. However, the stringent restrictions imposed on the establishment of associations with human rights or political objectives indicate that independent civil society activity in this domain is heavily constrained by laws and penalties, leaving individuals involved in such activities vulnerable to harassment and punitive actions.

Furthermore, the government imposes additional restrictions on the freedom to join associations by prohibiting entities whose activities are deemed “hostile to the social order” or otherwise “inappropriate.” According to Article 20, paragraph 1 of the Nationality Law, individuals associated with groups considered “detrimental to national interests” may face the risk of losing their citizenship.

In addition, Article 116 of the Penal Code stipulates severe penalties, including imprisonment for a term not less than three years and not exceeding ten years, for any individual involved in establishing, organising, managing, or financing an association, party, body, organisation, or similar entity, regardless of its name or form, if its objectives include challenging the political, economic, social, or security principles of the state, or seeking to dominate or eliminate one social group by another.

The authorities also impose strict surveillance on individual activities and personal initiatives, including spontaneous gatherings in public spaces aimed at cultural discussions, whether the topics are historical, human rights-related, or political in nature. In several documented cases, individuals have been summoned and investigated for participating in or organising such discussions. Furthermore, the authorities have issued strict directives prohibiting cafés and public venues from hosting or allowing any activities of this kind, even if they are purely cultural.

This approach reflects an additional restriction on public freedoms and serves to stifle open discourse, which is essential for fostering intellectual and societal engagement. It also creates an atmosphere of fear, discouraging individuals from expressing their opinions or organising cultural or intellectual activities that might be perceived as challenging official narratives or opposing government policies.

Despite Oman’s ratification of the International Covenant on Economic, Social and Cultural Rights, civil society activity remains heavily restricted. Should Oman decide to accede to the International Covenant on Civil and Political Rights in the future, it is likely to issue reservations concerning provisions that grant civil society the right to engage in political or rights-based activities. Furthermore, the incorporation of the principles and provisions of such a covenant into domestic legislation appears unlikely, given the prevailing approach of the authorities in restricting civil and political activities.

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