On Human Rights Day, 10 December, we review the issues in Oman

 

Each year, the international community commemorates 10 December as Human Rights Day, a date signifying the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948.

The UDHR recognises numerous rights as inalienable, affirming that every individual is entitled to enjoy these rights “regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status.” This foundational document underpins modern human rights law and serves as a universal standard for the protection of human dignity.

The United Nations highlights that human rights are fundamental and constitute the cornerstone of the Sustainable Development Goals (SDGs), emphasising that “in the absence of human dignity, we cannot hope to drive sustainable development.” This interdependence between human rights and sustainable development underscores the necessity of safeguarding human dignity to achieve equitable and inclusive progress globally.

On this significant occasion, the OCHRD wishes to draw attention to a range of pressing issues that continue to undermine the protection and promotion of human rights in Oman. These challenges, which remain critical and multifaceted, demand immediate attention and meaningful action to ensure compliance with international human rights standards and to safeguard the fundamental rights and freedoms of all individuals within the country.

 

1 – Freedom to publish and carry out independent journalism:

On 10 November, Haitham bin Tariq issued Royal Decree No. 58/2024 concerning the Media Law. Although this long-anticipated law commenced with Article 3, which annulled controversial and outdated legislation that no longer aligns with the requirements of the modern era, such as the Press and Publications Law, it nevertheless included provisions that have generated even greater controversy. Among these provisions are penalties imposed on journalists and media professionals, including imprisonment and fines. The law also addresses the regulation of social media platforms in a manner that may subject content creators on YouTube and podcasters to legal accountability.

Although the new law repealed its predecessor, it simultaneously incorporated many of the provisions from the previous legislation and even expanded upon them, granting the authorities greater control over and restriction of media activities. For instance, Clause (2) of Article (4) stipulates a prohibition on publishing any information related to an ongoing investigation or trial until a final verdict is issued. In contrast, under the previous “Press and Publications Law,” Article (29) required a court order to prevent publication, meaning that publication could only be restricted if the court explicitly decided against it.

The new law dedicates an entire chapter to penalties, whereas the previous law contained only four penalties related to printing, licensing of publications, and the dissemination of content deemed to undermine the Sultan or the ruling family, in addition to the publication of prohibited materials. In contrast, the new law includes ten distinct penalties (Articles 50-59) and grants judicial enforcement powers to Ministry of Information officials for the implementation of its provisions, as stipulated in Article 49. Notably, the new law avoids duplicating penalties already specified in the Penal Code, such as those related to undermining the Sultan or the ruling family.

2- Women’s Rights:

 Oman portrays itself as a country where women enjoy rights that exceed those available to their counterparts in the region. Women in Oman, at least in official institutions, do not face a gender pay gap, and they are entitled to paid maternity leave of over three months. Additionally, they possess the right to vote in municipal and Shura Council elections, as well as the right to stand as candidates. Women’s participation in the labour market has been steadily increasing, along with their growing presence as independent entrepreneurs. Other rights include the ability to own property, which is viewed by proponents of the government’s stance as a reflection of Article 21 of the Basic Statute of the State, which prohibits discrimination based on gender.

Despite the efforts made by Omani authorities to project a positive image of women’s rights, the social reality reveals stark contradictions. Tribal structures and the patriarchal system continue to dominate the social fabric, reinforcing discriminatory practices against women. This is evident in laws related to nationality, as Omani women married to non-Omanis are not permitted to pass their nationality on to their children, a right that men possess.

Furthermore, women in Oman lack comprehensive legal protection against domestic violence, as there are no specific laws that explicitly criminalise domestic abuse. Additionally, laws governing divorce, marriage, and inheritance contain explicit gender biases, favouring men in numerous aspects, based on the Personal Status Law.

A prominent example of such restrictions is the absence of female judges in Oman. Despite the significant number of women occupying high-ranking legal roles, including positions such as public prosecutor and heads of public prosecution, no woman has been appointed to a judicial position thus far. This exclusion reflects the structural and cultural barriers that limit women’s representation within the judiciary, highlighting a gendered discrepancy between women’s qualifications and their access to judicial roles. Such limitations underscore the broader challenges within Oman’s legal and institutional frameworks that restrict women’s advancement to the highest levels of legal authority.

3 – Freedom of religion and belief:

Unfortunately, Oman is considered one of the countries where individuals do not enjoy the freedom of belief or religious freedom. Many individuals who have openly expressed their non-religious beliefs or engaged in intellectual activities related to atheism have faced arrest, imprisonment, or, in the least severe cases, investigation. In Article 2 of the Basic Law, Oman presents itself as a religious state where Islam is the basis of legislation, which aligns with the third point previously discussed, revolving around states or governments imposing specific religions or even sects. This challenge has led to the existence of blasphemy and apostasy laws, as stipulated in Article 269 of the Omani Penal Code, which prescribes imprisonment for a period of not less than 3 years and not exceeding 10 years for anyone involved in activities that law enforcement authorities interpret as being against religion or undermining religious values. 

Additionally, from a sectarian perspective, Omani security authorities have previously summoned several writers for publishing articles that discussed aspects of sectarian history. Recently, specifically last June, the security authorities arrested several citizens from the Taqah state in the Dhofar Governorate for performing the Eid al-Adha prayer in a manner that deviated from the country’s official calendar. The number of arrests and summonses subsequently increased to include even those who sympathised with the detainees or opposed the arrests. Furthermore, Chapter One of Part Eight of the Penal Law contains provisions that make any activity related to freedom of thought and religion impossible due to the severity of the penalties imposed on anyone the authorities believe to be acting against public order.

 

4 – The rights of workers and migrant labourers:

The Kafala (sponsorship) system represents one of the primary challenges faced by migrant workers in the Sultanate of Oman. This system ties a worker’s residency and continued employment to their sponsor (kafeel), restricting their freedom of movement and increasing their vulnerability to pressure or exploitation.

The rights situation for migrant workers in Oman continues to face numerous challenges, with non-Omani workers experiencing clear discrimination compared to national workers. This discrimination manifests in several areas:

• Wages: Significant disparities in salary levels between migrant and local workers.
• Job Security: Limited guarantees and stability for migrant workers in their employment.
• Legal Status: Complex legal challenges that migrant workers face when disputes arise with employers.

A significant factor contributing to these challenges is the Kafala system, which the Omani authorities pledged to abolish in 2020. However, the system remains in force to date.

According to the National Centre for Statistics and Information, expatriates constitute approximately 43.4% of Oman’s total population, numbering over 2.2 million individuals. Among them, migrant workers account for more than 1.8 million, representing over 68.2% of the labour force across various sectors and markets.

Notably, over 600,000 of these workers are employed in occupations classified as unskilled or non-specialised, such as domestic workers and agricultural labourers. These roles are often the subject of scrutiny due to the lack of adequate rights protections for workers in these fields, particularly when compared to migrant workers engaged in specialised or skilled professions.

The kafala (sponsorship) system is widely criticised for its adverse impact on the rights of migrant workers. Among its most prominent issues is the confiscation of official documents or personal identification by the sponsor (kafeel), granting them full control over the worker’s mobility and ensuring that the worker cannot leave the country or seek employment with another entity without prior permission. This practice is commonly observed in low-income jobs, such as cleaning, domestic work, and farming.

Additionally, the burden of securing employment often falls on the worker, who may end up in a role that does not align with the job for which they initially entered the country. Workers are frequently required to pay monthly fees to their sponsor while also bearing all personal expenses, including the costs associated with renewing their residency permits.

5 – Freedom of opinion and expression:

According to Article 97 of the revised Omani Penal Code, anyone arrested for holding opposition views may face a prison term of between three and seven years. 

The crime of criticising any foreign head of state in Oman is punishable, under Article 102, by imprisonment for between three months and three years.

Peaceful demonstrations are banned in Oman and considered a crime.  The punishment for anyone taking part in a peaceful protest is a monetary fine and jail term of up to a year, according to Article 121, which mandates their arrest.

It is also a crime in Oman to form parties or associations to carry out political or human rights work, according to Article 116 of the revised Omani Penal Code, for which the punishment can be up to ten years in jail. 

6 – Enforced disappearances and arbitrary arrests:

Unfortunately, in Oman, human rights activists frequently encounter persistent harassment from the internal security apparatus (intelligence agency). This harassment takes various forms, including enforced disappearance, wherein the victim is contacted for questioning and subsequently held in an undisclosed location. During this period, the victim is denied access to their legal representative or family members.

The three elements of enforced disappearance that pose a threat to victims are as follows:

• Deprivation of liberty against the will of the person;

• Involvement of government officials, at least by acquiescence;

• Refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person.

In April 2020 Oman agreed to join the International Convention for the Protection of All Persons from Enforced Disappearance, which defines “enforced disappearance” as

the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorisation, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.

Cases of enforced disappearance are on the increase, but families often prefer not to talk about it, either in the hope of establishing some channel of communication with the security forces in order to secure their son or daughter’s release, or else for fear of further antagonising the security forces. The current sultan issued a decree in March 2020 updating the Internal Security Service, the very agency that has already been involved in most, if not all, previous and current cases of enforced disappearance.

Despite Oman’s adherence to the convention, it continues to engage in enforced disappearance against activists. This is typically faced by prisoners of conscience, as recently occurred in the case of the arrest of members of the Al-Mashani tribe in the Dhofar Governorate, as well as the arrest of activist Saeed Jddad. Both cases were subsequently referred to trial.