Women’s Rights in Oman: Between Progressive Facades and Structural Discrimination

Oman frequently promotes itself as a regional leader in advancing women’s rights. Officially, Omani women do not face a gender pay gap in government institutions and are entitled to paid maternity leave of over three months. They also have the right to vote in both municipal and Shura Council elections, as well as the right to run as candidates. Women’s participation in the labour market has shown consistent growth, paralleled by their increasing presence as independent entrepreneurs. Furthermore, women are legally permitted to own property, a right seen as an application of Article 21 of the Basic Statute of the State, which prohibits discrimination based on gender.

Despite these apparent advancements, the social and legal realities paint a contradictory picture. Deeply rooted tribal structures and a prevailing patriarchal system continue to dominate Omani society, reinforcing widespread discriminatory practices. One stark example lies in nationality laws, where Omani women married to non-Omanis are not allowed to pass on their nationality to their children—an entitlement granted to Omani men.

In addition, Oman lacks comprehensive legal protections against domestic violence. There is no standalone law that explicitly criminalises domestic abuse. Existing legislation on divorce, marriage, and inheritance—under the Personal Status Law—also reveals clear gender biases, consistently favouring men.

The Curtailment of Women’s Institutional Advocacy

On March 3, 2024, Royal Decree No. 14/2024 was issued, outlining the jurisdiction of the Ministry of Social Development. The Omani Centre for Human Rights and Democracy (OCHRD) expresses its concern regarding the new decree, which reduced the Ministry’s areas of competence from 18, as specified in the previous Royal Decree No. 32/2003, to 14. The most alarming aspect of this reduction is the exclusion of women’s issues, particularly the removal of the two articles in the previous decree that addressed the focus on women’s issues and efforts to enhance women’s capacities.

It is also observed that the ministry has so far failed to provide adequate protection for girls and women, whether married or unmarried, who are victims of domestic violence. Furthermore, the ministry has yet to present any proposals aimed at safeguarding domestic workers, including migrant or foreign labour, particularly female domestic workers who frequently face violence or sexual harassment, in addition to being deprived of other fundamental rights.

Given the previous issues related to the escalating violence against women, resulting in numerous cases of femicide, along with the file of domestic violence against women and children, which the OCHRD has previously documented and monitored, the OCHRD expected an expansion of the Ministry’s jurisdiction or the relevant departments within it to include direct action. This would enable the Ministry to provide the necessary protection for girls and women, whether as preventive measures to shield them from any future danger or harm or as therapeutic measures to protect them from current problems and the inadequacy of laws in providing necessary protection.

The OCHRD has also previously raised several important points on this matter, including the provision of a hotline and an emergency intervention committee to protect girls, as well as the establishment of care and protection shelters for abused girls. This is not overlooking the controversial statement made by the Minister of Social Development, Leila Al Najjar, who stated in an interview with a Youth program, a TV show, in March 2022 that “domestic violence is not a prevalent social phenomenon..”

In addition, Article 44 of the Omani Penal Code allows parents to exercise violence against their minor children, further exacerbating the challenges faced by women and their rights. Furthermore, the Ministry has not provided any initiatives or efforts to improve the status of women or the laws that pose challenges to them and their rights, such as certain discriminatory laws within various legislation, including nationality law, Personal Status Law, and the Omani Penal Code.

Omani Women in the Nationality Law and the Absence of Equality

Although the current law has introduced certain amendments concerning the children of Omani women married to non-Omanis, as well as foreign spouses of Omani women—such as reducing the required years of lawful residence and increasing the permissible period of absence per year—the absence of equality between Omani women and Omani men remains evident in this legislation.

The children of an Omani man married to a non-Omani woman automatically acquire Omani nationality at birth, regardless of whether they are born inside or outside the Sultanate. In contrast, the children of an Omani woman married to a foreigner are subjected to complex conditions, which may include the father obtaining Omani nationality—thereby allowing the children to acquire it by extension—or the mother being divorced, widowed, or abandoned by her husband.

As for the foreign husband of an Omani woman, he must apply for Omani nationality after ten years of lawful residence, whereas a foreign woman married to an Omani man may submit her application after only eight years. Additionally, if a foreign man’s Omani wife dies or he divorces her, he loses the right to apply for nationality, even if they have children together, meaning he is subject to the provisions of Article 17 of the law.

Likewise, if the foreign husband of an Omani woman dies or divorces her, she must wait five years before applying for her children’s naturalisation, provided they are minors and have lawfully resided in Oman for at least five years, with the additional requirement that she must have custody. In cases where the husband has abandoned her or is absent with an unknown whereabouts, the waiting period for applying for naturalisation is extended to ten years.