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NORMLEX Home > Country profiles > > Comments > All Comments

Forced Labour Convention, 1930 (No. 29) - Oman (Ratification: 1998)

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Human Trafficking Act of 2008, including the number of investigations and prosecutions, as well as the penalties applied to those convicted.

The Committee notes the Government’s indication that the Ministry of Manpower has prepared a plan to develop labour inspection which includes training and skills upgrading for a number of inspectors by the ILO with emphasis on labour protection issues and trafficking in persons. The Committee further notes that in its supplementary report, the Government indicates that a Ministerial Decision of 11 August 2020 was promulgated to establish a unit to combat trafficking in persons within the Inspection Department of the Public Directorate for Workers’ Welfare. The unit is competent in the following areas: (i) providing support in the investigation of cases of trafficking in persons; (ii) receiving complaints on trafficking in persons; (iii) identifying training needs related to trafficking in persons, including for labour inspectors on trafficking indicators; (iv) preparing studies and statistics on trafficking in persons; and (v) providing support to relevant bodies working on this issue.

With regard to slavery and slave trading offences, the Government indicates that no acts contravening articles 260–261 of the Criminal Code have been observed in Oman. The Human Trafficking Act No. 126 of 2008 guarantees that such acts will be prosecuted, should they occur.

The Committee notes that the National Action Plan to combat trafficking in persons (2008–2016) has been renewed for a period of five years by the National Committee for Combating Human Trafficking. In addition, the Committee notes the Government’s information that the National Committee for Combating Human Trafficking launched the “Ihsan campaign” to raise awareness of the Anti-Trafficking Act. The campaign was disseminated through all traditional and electronic media platforms. The Government further indicates that between 2017 and the first half of 2020, ten convictions were handed down for cases of trafficking in persons, nine acquittals and five stays of proceedings were pronounced due to insufficient evidence; four cases are still under investigation. The Committee notes that in its concluding observations of 2017, the Committee on the Elimination of Discrimination against Women (CEDAW) while noting the efforts made by the Government to combat trafficking in persons, expressed its concern about the limited enforcement of the Anti-Trafficking Act of 2008, which is reflected by the low prosecution and conviction rates in cases of trafficking of women and girls (CEDAW/C/OMN/CO/2-3, paragraph 29(a)). Taking due note of the measures taken by the Government, the Committee requests it to provide information on the activities that have been carried out by the unit to combat trafficking in persons. The Committee also requests the Government to provide information on the measures taken to prevent and combat trafficking in persons under the renewed National Action Plan to combat trafficking in persons. Lastly, it requests the Government to continue to provide information on cases of trafficking in persons which have been identified, any judicial proceedings instituted and any convictions handed down.

2. Protection of and assistance to victims of trafficking. In its previous comments, the Committee requested the Government to provide information on the number of victims of trafficking who benefited from protection and assistance (including medical, psychological and legal assistance).

The Committee notes the Government’s indication that the Wifaq shelter provides to victims of trafficking psychological and social assistance and health care, as well as pocket money to beneficiaries to cover some personal costs during their stay in the shelter. The Government also adds that the Ministry of Foreign Affairs is in charge of informing embassies of the States concerned about beneficiaries of the shelter’s services. Moreover, a memorandum of cooperation has been concluded between the Omani Lawyers Association and the National Committee for Combating Human Trafficking, to represent victims, make civil claims on their behalf and defend their rights free of charge. In 2018, 14 victims of trafficking in persons benefited from the Wifaq shelter’s services. The Committee further notes the Government’s information in its supplementary report that, in 2019, 15 victims of trafficking benefited from the Wifaq shelter’s services. The Committee requests the Government to continue to provide information on the measures taken to provide protection and assistance (including medical, psychological and legal assistance) to victims of trafficking, as well as to provide information on the number of persons benefiting from such assistance.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant workers to conditions of forced labour. Migrant workers and migrant domestic workers. In its previous comments, the Committee noted that migrant workers are covered by Labour Law No. 35 of 2003 (Chapter 2: Regulation of foreigners’ work) and that they can terminate their employment contract after a notification period of 30 days. The Committee also noted that migrant domestic workers are not covered by the Labour Law and that their work is regulated by Ministerial Order No. 1 of 2011, on the recruitment of non-Omani workers by private employment agencies, as well as the model contract for recruiting migrant domestic workers. It further noted that under Ministerial Decree No. 189/2004 on the Special Terms and Conditions of Domestic Workers, migrant domestic workers cannot work for another employer before completing the procedure of changing to another employer according to the national regulations (section 7). The Committee requested the Government to indicate the manner in which this category of workers can freely terminate their employment contract and to report on the number of employment transfers that took place in practice for migrant workers and migrant domestic workers.

The Committee notes the Government’s indication in its report that the period of time required to transfer a worker from one employer to another varies from a minimum of one day to a maximum of one month, depending on the readiness of the parties. The Government also states that there is no sponsorship (kafala) system in Oman and that the system in place is a temporary contractual relationship pursuant to an employment contract specifying the terms and signed by the worker and the employer. According to the Government, the reduction in the number of cases involving the transfer of workers is a positive reflection of labour force stability in employment, which provides evidence of a decent working environment in Oman as a result of the efforts made by the Ministry of Manpower, in cooperation with the ILO, to implement the Decent Work Country Programme since 2010.

Regarding migrant domestic workers, the Committee notes the Government’s indication that the procedures for terminating domestic workers’ contracts and the period required to transfer their services from one employer to another are the same procedures as those that apply to all workers.

The Committee notes that pursuant to section 8 of Ministerial Decree No.189/2004, on the Special Terms and Conditions of Domestic Workers, the employment contract can be terminated by either the employer or the worker provided that one month’s notice is given. The worker is entitled to terminate the employment contract without providing a prior notice in case of abuse by the employer or a member of the employer’s family. The Committee notes however that pursuant to section 7(4), the migrant domestic worker cannot work for another employer before the recruiter relinquishes his sponsorship and completes the necessary procedures in this regard.

The Committee further notes that sections 17 and 20 of Foreign Residence Act No. 16/95 of 1995 provide that residence visas are granted to foreign workers by their sponsors, and the conditions and procedures of transfer of foreign workers to another sponsor are determined by the decision of the Inspector-General of the Ministry of the Interior. In this regard, the Committee notes the Government’s information in its supplementary report according to which the implementing regulation of the Foreign Residence Act was amended in 2020. Section 24 of the regulation, which provided that a foreign worker’s residence may be transferred to another employer only with the approval of the first sponsor-employer, has been amended. It is now provided that a foreign worker’s residence may be transferred from one employer to another who has a licence to recruit workers, provided that proof of the end, abrogation or termination of the worker’s employment contract is presented, and that proof of approval by the competent government agency of the second employer’s contract with the foreign worker is provided. The Government further indicates that 58,744 workers were transferred to a new employer in 2018, and 60,958 in 2019.

The Committee observes that while there are provisions allowing migrant workers, including domestic workers to terminate their employment contract, the conditions for changing employment remain difficult as the work permit of this category of workers is linked to their sponsor-employer pursuant to sections 17 and 20 of the Foreign Residence Act No.16/95 of 1995.The Committee notes that in its concluding observations of 2017, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the Government of Oman review the kafala system, which operates against vulnerable migrant workers. The Committee further notes that this Committee observed that, while the Government had adopted a number of measures to protect the rights of female migrant domestic workers, the kafala system still increases their risk of exploitation. CEDAW was also concerned about: the exclusion from the Labour Law of this category of workers and, therefore, from access to the labour courts, their risk of facing charges of “absconding”, as well as the fact that forced labour is not criminalized under the Penal Code and is prohibited only under the Labour Law, which does not apply to domestic workers (CEDAW/C/OMN/CO/2-3, paras 30(h) and 39).

The Committee recalls that the sponsorship system creates a relationship in which migrant workers, including domestic workers, are dependent on their sponsors-employers, and that the work permit of this category of workers is linked to their sponsors. The Committee observes that such a system prevents migrant workers from freely terminating their employment and increases their risk of vulnerability to situations amounting to forced labour. In this regard, the Committee requests the Government to pursue its efforts to ensure that migrant workers, including migrant domestic workers are not exposed to practices that amount to forced labour. The Committee also requests the Government to continue to provide information on the manner in which migrant workers, including migrant domestic workers, can exercise, in practice, their right to freely terminate their employment and to leave the country, so that they do not fall into abusive practices that may arise from the sponsorship system. Lastly, the Committee requests the Government to continue providing information on the number of migrant workers who have changed employer and whose work permits have been transferred to a new employer, including, if available, statistics disaggregated by gender, occupation and country of origin.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Human Trafficking Act of 2008, including the number of investigations and prosecutions, as well as the penalties applied to those convicted.

The Committee notes that the National Action Plan to Combat Trafficking in persons (2008–16) has been renewed for a period of five years by the National Committee for Combating Human Trafficking. The Committee also notes that in its concluding observations of 2017, the Committee on the Elimination of Discrimination against Women (CEDAW) while noting the efforts made by the Government to combat trafficking in persons, expressed its concern about the limited enforcement of the Anti-Trafficking Law of 2008, which is reflected by the low prosecution and conviction rates in cases of trafficking of women and girls (CEDAW/C/OMN/CO/2-3, paragraph 30(h). The Committee requests the Government to provide information on the measures taken to prevent and combat trafficking in persons under the renewed National Action to Combat Trafficking in persons. It also requests the Government to provide information on any cases of trafficking in persons which have been identified, any judicial proceedings instituted and any convictions handed down.

The Committee notes the Government’s indication that the Wifaq shelter provides to victims of trafficking psychological and social assistance and health care, as well as pocket money to beneficiaries to cover some personal costs during their stay in the shelter. The Government also adds that the Ministry of Foreign Affairs is in charge of informing embassies of the States concerned about beneficiaries of the shelter’s services. Moreover, a memorandum of cooperation has been concluded between the Omani Lawyers Association and the National Committee for Combating Human Trafficking, to represent victims, make civil claims on their behalf and defend their rights free of charge. In 2018, 14 victims of trafficking in persons benefited from the Wifaq shelter’s services. The Committee requests the Government to continue to provide information on the measures taken to provide protection and assistance (including medical, psychological and legal assistance) to victims of trafficking, as well as to provide information on the number of persons benefiting from such assistance.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that in its concluding observations of 2017, the UN Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the Government of Oman review the kafala system, which operates against vulnerable migrant workers. The Committee further notes that this Committee observed that, while the Government had adopted a number of measures to protect the rights of female migrant domestic workers, the kafala system still increases their risk of exploitation. The CEDAW was also concerned about: the exclusion from the Labour Law of this category of workers and, therefore, from access to the labour courts, their risk of facing charges of “absconding”, as well as the fact that forced labour is not criminalized under the Penal Code and is prohibited only under the Labour Law, which does not apply to domestic workers (CEDAW/C/OMN/CO/2-3, paragraphs 30(h) and 39).

The Committee recalls that the sponsorship system creates a relationship in which migrant workers, including domestic workers, are dependent on their sponsors-employers, and that the work permit of this category of workers is linked to their sponsors. The Committee observes that such a system prevents migrant workers from freely terminating their employment and increases their risk of vulnerability to situations amounting to forced labour. In this regard, the Committee requests the Government to strengthen its efforts to ensure that migrant workers, including migrant domestic workers are not exposed to practices that amount to forced labour. The Committee once again requests the Government to indicate the manner in which migrant workers including migrant domestic workers, can exercise, in practice their right to freely terminate their employment, so that they do not fall into abusive practices that may arise from the sponsorship system. The Committee also requests the Government to provide further information on the application in practice of the sponsorship system, including information on the number of migrant workers who have changed employer and whose work permits have been transferred to a new employer.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2(2). Exceptions to the prohibition on forced or compulsory labour. In its previous comments, the Committee noted that any person may be mobilized to carry out work under the Emergency Law (Decree No. 75 of 2008) and Law No. 76 of 2008 on public mobilization. It requested the Government to provide information on the application in practice of the Emergency Law, as well as the Law on public mobilization. The Committee takes due note of the Government’s indication in its report that the mobilization of citizens occurs only in the event of war, and there are no statistics registered with regard to cases of mobilization.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that under section 23 of Order No. 56 of 2009 on the promulgation of the by-laws adopted under the Prison Act, the penitentiary administration may conclude contracts with companies specialized in the training and employment of prisoners within the prison. The Committee requested the Government to indicate how the formal, freely given and informed consent of the prisoners concerned to work inside the prison premises for private companies is guaranteed. The Committee takes due note of the Government’s indication in its report that no contracts between the penitentiary administration and private companies have been concluded, so far.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. In its previous comments, the Committee requested the Government to provide information on the practical application of section 220 of the Penal Code punishing forced prostitution with sanctions of imprisonment of three to five years, and sections 260 and 261 of the Code prohibiting slavery and punishing perpetrators with sanctions of imprisonment of up to 15 years. The Committee notes the Government’s indication in its report that ten criminal cases have been recorded under section 220 of the Penal Code for the period of 2010–15, but none under sections 260 and 261. The Committee requests the Government to continue to provide information on the application in practice of sections 220, 260 and 261, indicating the penalties imposed on perpetrators.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant workers to imposition of forced labour. 1. Migrant workers. The Committee notes that migrant workers are covered by Labour Law No. 35 of 2003 (Chapter 2: Regulation of foreigners’ work). The Committee notes the Government’s indication in its report that under section 43 of the Labour Law, the employment contract between the migrant worker and the employer shall be terminated in the following cases: (i) the expiry of its period or completion of the work agreed upon; (ii) the death of the worker; (iii) disability of the worker to perform his work; (iv) resignation or dismissal of the worker or abandonment of the work in accordance with the provisions of this law; and (v) sickness of the worker to an extent that compels him to discontinue his work for a continuous or an interrupted period of not less than ten weeks during one year. The Committee also notes that under the Labour Law, the procedures for termination of employment in the case of a contract of limited or unlimited duration between the employer and the migrant worker are similar to those applicable to national workers. It notes that either party can terminate the contract after notifying the other party in writing 30 days before the date of the termination of the contract. Moreover, the worker may abandon the work before termination of the contract period in case of abusive practices (section 41 of the Labour Law).

The Government further indicates that since 2014, an electronic wage protection system has been established to guarantee that migrant workers’ salaries be paid on a regular basis and on time. The Committee also notes the statistical information provided by the Government with regard to the number of employment transfers that took place in 2014 and 2015. It notes that in 2014, 439 workers transferred to new employers, whereas in 2015, the number was 824 workers. The length of the procedure for changing an employer has been estimated to be one month.

The Committee notes furthermore that in its concluding observations of 2016, the Committee on the Elimination of Racial Discrimination (CERD) of the United Nations expressed its concern about the persistence of the kafala system in the State party that governs the employment of migrant workers and places them in a highly dependent relationship with their employers, which may involve unpaid salaries, unilateral cancellation of work permits by their employers, poor and unhygienic living conditions or confiscation of their passports. The CERD is also concerned about the small number of cases brought before the courts despite the large number of complaints, as well as the limited information provided on the outcomes of complaints submitted by migrant workers (CERD/C/OMN/CO/2-5, paragraph 19).

In this regard, the Committee urges the Government to strengthen its efforts to ensure that migrant workers are not exposed to practices that might increase their vulnerability to imposition of forced labour. The Committee requests the Government to take the necessary measures to ensure that the electronic wage protection system is implemented effectively, so that all wages which are due are paid on time and in full, and that employers face appropriate sanctions for non-payment of wages. Given the extremely high number of migrant workers in the country, and the low number of employment transfers (824 in 2015), the Committee requests the Government to take the necessary measures to facilitate the transfer of migrant workers to another employment relationship. In this regard, the Committee asks the Government to continue to provide information on the number of employment transfers that take place in practice. Lastly, the Committee requests the Government to provide statistical data on the number of migrant workers who have filed complaints regarding the issues of passport confiscation and unpaid salaries, on court decisions handed down in this regard, as well as on the penalties that have been imposed in practice.

2. Migrant domestic workers. In its earlier comments, the Committee noted that migrant domestic workers are not covered by the Labour Law. It noted that their work is regulated by Ministerial Order No. 1 of 2011, relating to the recruitment of non-Omani workers by private employment agencies, as well as the model contract for recruiting migrant domestic workers. The Committee requested the Government to indicate the measures taken to facilitate the transfer of a migrant domestic worker’s services to a new employer, so that these workers can freely terminate their employment and do not fall into situations that could amount to forced labour.

The Committee notes the Government’s reference to Ministerial Decree No. 189/2004 on the Special Terms and Conditions of Domestic Workers which describes the employment conditions and terms of reference of domestic workers. The Committee notes that under section 8 of the Ministerial Decree, the contract of work can be terminated in the following cases: (i) the death of one of the parties; (ii) unilaterally by the employer provided that one month’s notice is given; (iii) unilaterally by the worker provided that one month’s notice is given or in the case where the worker has been abused by the employer or a member of the employer’s family. The Committee also notes that under section 7, the migrant domestic worker cannot work for another employer before completing the procedure of changing to another employer according to the national regulations. The Committee observes that section 6(e) of the model contract also provides for the same restrictions. In addition, the Committee notes that the CERD expressed its concern that domestic workers, mostly women who are foreign nationals, are excluded from the ambit of national labour laws. The Committee also notes that the CERD was concerned that, as a result, domestic workers are deprived of fundamental rights and subject to a higher risk of abuse, including sexual exploitation, by their employers (CERD/C/OMN/CO/2-5, paragraph 21).

The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant domestic workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore urges the Government to take the necessary measures, in law and in practice, to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. The Committee requests the Government to indicate the manner in which migrant domestic workers, can exercise, in practice, their right to freely terminate their employment, so that they do not fall into abusive practices that may arise from the visa “sponsorship” system. The Committee also requests the Government to provide information on the modalities and the length of the procedure for changing an employer for migrant domestic workers.

Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Human Trafficking Act of 2008. The Committee notes the Government’s indication in its report that five criminal cases related to trafficking in persons were registered in 2014. In one case, the perpetrators were condemned, and in the second case the procedure is still ongoing. The three other cases were closed due to lack of evidence.

The Committee observes that in its concluding observations of 2016, the CERD expressed its concern that the country is a transit and destination country for human trafficking, primarily for migrants from India, Pakistan, Bangladesh, Sri Lanka, the Philippines and Indonesia, mainly for the purposes of forced labour and, to a lesser extent, forced prostitution. The Committee further notes that the CERD was concerned about the limited number of investigations into this matter, the lack of information in court cases and sentences handed down in trafficking cases (CERD/C/OMN/CO/2-5, paragraph 23). In this regard, the Committee requests the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons, and to provide information on the measures taken in this regard. The Committee also requests the Government to indicate the measures taken to ensure that all persons who engage in trafficking are subject to prosecution and that in practice, sufficiently effective and dissuasive penalties are imposed. Lastly, the Committee requests the Government to provide information on the application of the Human Trafficking Act in practice, including the number of investigations and prosecutions, as well as the penalties applied to those convicted.

2. Protection of and assistance to victims of trafficking. In its previous comments, the Committee requested the Government to take the necessary measures to strengthen mechanisms for the identification of victims of trafficking and to provide information in this regard. The Committee notes the absence of information in the Government’s report with regard to the measures taken to identify victims of trafficking. The Committee notes however the Government’s indication that the Wifaq shelter of the Ministry of Social Development is in charge of providing assistance to victims of trafficking, including health and psychological services. The Committee notes that in 2014, 11 victims benefited from the assistance, and one victim in 2015 (from February until July). The Committee requests the Government to take the necessary measures to strengthen the capacity of law enforcement officials to identify cases of trafficking. The Committee also requests the Government to pursue its efforts to provide protection and assistance (including medical, psychological and legal assistance) to victims of trafficking, as well as to provide information on the number of persons benefiting from such assistance.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee requested the Government to provide information on the penal proceedings which have been instituted under the Human Trafficking Act of 2008, indicating the penalties imposed on perpetrators.

The Committee notes the Government’s indication that the investigation into cases of human trafficking pertains to public prosecution in collaboration with the police and other relevant bodies. Childhood care institutions are also involved in the investigation of cases of trafficking when the victims are young persons. The Government also refers to certain provisions of the Human Trafficking Act, indicating that the maximum penalty imposed on traffickers is 15 years plus a financial fine.

The Committee notes that in its concluding observations of 21 October 2011, the Committee on the Elimination of Discriminations against Women (CEDAW) indicated that despite the promulgation of the Human Trafficking Act and the establishment of the National Committee to Combat Human Trafficking, which is formulating a plan to combat human trafficking, it was concerned about the full implementation of this legislation and functioning of this institution to protect the rights of trafficked persons (CEDAW/C/OMN/CO/1, paragraph 29).

The Committee strongly encourages the Government to intensify its efforts to prevent, suppress and combat trafficking in persons. The Committee also requests the Government to supply information on the application in practice of the Human Trafficking Act, indicating, in particular, whether any persons have been prosecuted or convicted for engaging in trafficking in persons, as well as the number of cases under way in the criminal courts and the sentences handed down. Please also send copies of the relevant court decisions with the next report.

2. Protection of and assistance to victims of trafficking. The Committee notes the Government’s indication that the assistance provided to the victims of trafficking includes legal and medical assistance, as well as shelter. They are also granted the right to stay in the country for an unspecified period until a final decision is taken with respect to the relevant judicial procedures and their travel expenses are taken care of by the Government. However, the Committee notes that CEDAW is also particularly concerned at the lack of a mechanism that could provide for the early identification of victims. CEDAW is also concerned about the lack of protection of the rights of trafficked women engaged in prostitution (CEDAW/C/OMN/CO/1, paragraph 29). The Committee requests the Government to take measures to strengthen mechanisms for the identification of victims of trafficking. It also requests the Government to intensify its efforts to provide protection and assistance to victims of trafficking, and to provide information on the number of persons benefiting from these services.

Article 2(2). Exceptions to the prohibition on forced or compulsory labour. In its earlier comments, the Committee referred to section 12 of the Basic Statute of the State (Sultani Decree No. 101/96), under which a person may not be required to perform forced labour of any kind, other than work authorized by law to be performed in the public interest and for remuneration. The Committee observed that the very general wording of section 12 of the Basic Statute of the State left room for the adoption of a law which could allow the imposition of forced labour for public purposes.

The Committee notes the Government’s indication that section 4(g) of the Emergency Law (Decree No. 75 of 2008) provides that any person may be entrusted to carry out work required by the circumstances within the limits of his capacities. Section 1 also specifies the cases in which a person may be entrusted to carry out work or tasks which may be imposed on an exceptional basis. Under section 9 of Law No. 76 of 2008 on public mobilization, the Minister of Defence can entrust any person to work in the armed forces or in security and other defence units or carry out work which relates to efforts deployed by the army. Section 1 of the same Law specifies the cases in which public mobilization is declared in the case of tensions in international relations or when the risk of war emerges. It ends when the circumstances which required its declaration end.

The Committee requests the Government to provide information on the application in practice of the Emergency Law, as well as the Law on public mobilization, indicating the circumstances under which they have been applied.

The Committee notes the Government’s indication that the police do not currently have any contracts with private companies to make prisoners work. Prisoners inside prison premises work on some skills in return for 20 per cent of the value of goods they produce upon their sale.

The Committee requests the Government to indicate how the formal, freely given and informed consent of the prisoners concerned to work inside the prison premises for private companies is guaranteed. It also requests the Government to provide copies of contracts concluded by the penitentiary administrations with private companies when they are available.

The Committee notes the Government’s indication that it will provide such information as soon as it is available. The Committee once again hopes that the Government will provide, in its next report, information on any legal proceedings which have been instituted under sections 220, 260 and 261 of the Penal Code, indicating the penalties imposed on perpetrators.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1) and 2(1) of the Convention. Vulnerability of migrant workers to conditions of forced labour. In its previous comments, the Committee noted that, under section 2 of the Labour Code (Sultani Decree No. 35/2003) domestic workers are excluded from its scope, and that Ministerial Order No. 1 of 2011, relating to the recruitment of non-Omani workers by private employment agencies, as well as the model contract for recruiting migrant domestic workers had been adopted. Regarding the right of domestic workers to terminate employment, the Committee also noted that according to section 3 of the model contract, either party can terminate the two-year contract after notifying the other party in writing 30 days before the date of the termination of the contract. In case of any abuse or a violation of the provisions of the contract by the employer, the domestic worker may terminate the contract without observing the notification period (sections 7 and 8). However, the domestic worker cannot work for another person before completing the procedure of changing to another employer provided for by the regulations in force (section 6(e)). The Committee requested the Government to provide information on the procedures regarding the termination of employment and the changing of employers.

The Committee notes the Government’s indication that the procedures for termination of employment in the case of a contract between an employer and a domestic worker are similar to the ones between any employer and employee working in an undertaking. If the procedures specified in the contract are not observed, the aggrieved party may lodge a complaint to the Labour Dispute Department, which in turn seeks to resolve the dispute amicably. The dispute may also be referred to the competent court, if no agreement has been reached in this respect. Regarding the transfer of a worker’s services to another employer, both parties to the contract are entitled to lodge a complaint to the Labour Dispute Department in case of any damage, and the dispute may also be referred to the competent court.

The Committee also notes that in its concluding observations of 21 October 2011, the Committee on the Elimination of Discrimination against Women expressed concern about the sponsorship system which makes women migrant workers vulnerable to mistreatment and abuse by their employers, as well as the lack of awareness among women migrant workers of their rights and the lack of access to justice and legal redress (CEDAW/C/OMN/CO/1, paragraph 42).

In this regard, the Committee recalls the importance of taking effective action to ensure that the system of employment of migrant domestic workers (sponsorship system) does not place the workers concerned in a situation of increased vulnerability, particularly when they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty, and physical and sexual abuses. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. In this regard, the Committee requests the Government to indicate the measures taken to facilitate the transfer of a migrant domestic worker’s services to a new employer, so that these workers can freely terminate their employment and so they do not fall into situations that could amount to forced labour. It also requests the Government to indicate the length of the procedure for changing an employer in such cases and to supply copies of relevant records from the Labour Dispute Department or the competent courts in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. Freedom of domestic workers to terminate employment. The Committee notes that, under section 2 of the Labour Code (Sultani Decree No. 35/2003), domestic workers are excluded from its scope, and the competent minister is authorized to issue a decision concerning this category of workers specifying the rules governing the relationship between domestic workers and their employers. The Committee also notes the adoption of the Ministerial Order No. 1 of 2011, relating to the recruitment of non-Omani workers by private employment agencies, as well as the model contract for recruiting foreign domestic workers annexed to the Order, which contains provisions regarding working and living conditions of domestic workers, the payment of their wages and the settlement of disputes.

Regarding the right of domestic workers to terminate employment, the Committee notes that, according to section 3 of the model contract, either party can terminate the two years contract after notifying the other party in writing 30 days before the date of the termination of the contract. In case of any abuse or a violation of the provisions of the contract by the employer, the domestic worker may terminate the contract without observing the notification period (sections 7 and 8). However, the domestic worker cannot work for another person before completing the procedure of changing to another employer provided for by the regulations in force (section 6(e)).

The Committee hopes that the Government will provide, in its next report, information on the application in practice of the abovementioned provisions and on any other measures taken to ensure that foreign domestic workers are not prevented from exercising their right to freely terminate their employment. Please describe, in particular, the procedure regarding the change of employer, particularly indicating its length, and supply copies of the relevant provisions.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Referring to its earlier comments, the Committee notes the detailed information provided by the Government with its report for the period of 2008–11 regarding cases of trafficking in persons recorded, the convictions and sentences handed down. The Committee also notes the information on various workshops and training courses organized by the Government in collaboration with the ILO.

The Committee hopes that the Government will continue to provide information on measures taken to combat trafficking in persons and to protect the victims, including available statistics, as well as information on the penal proceedings which have been instituted under the Act on the Suppression of Human Trafficking (2008), indicating the penalties imposed on perpetrators.

Article 2(2). Exceptions to the ban on forced or compulsory labour. In its earlier comments, the Committee referred to section 12 of the Basic Statute of the State (Sultani Decree No. 101/96), under which a person may not be required to perform forced labour of any kind, other than work authorized by law to be performed in the public interest and for remuneration. The Committee observed that the very general wording of section 12 of the Basis Statute of the State left room for the adoption of a law which could allow the imposition of forced labour for public purposes.

The Government indicates in its report that there are no provisions in the country for the exaction of forced labour or services, and that the issued laws and regulations are not in conflict with the ratified international Conventions.

While noting these explanations, the Committee once again expresses the hope that, on the occasion of a revision of the Basic Statute of the State, the amendment of section 12 will be envisaged so as to define clearly and restrictively the forms of compulsory labour and services that may be required on an exceptional basis, so as to bring this provision into conformity with the Convention. Pending the revision, the Committee requests the Government to keep the ILO informed of any texts adopted under section 12 and to send copies.

Article 2(2)(c). Prison labour. Further to its previous comments, the Committee notes that under section 23 of Order No. 56 of 2009 on the promulgation of the by-laws adopted under the Prison Act, penitentiary administration may conclude contracts with companies specialized in the training and employment of prisoners within the prison.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that prisoners are hired to or placed at the disposal of private individuals, companies or associations. However, the Committee has considered that work of prisoners for private companies may be held compatible with the Convention, provided the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, without being subjected to pressure or the menace of any penalty in the sense of Article 2(1) of the Convention, which necessarily requires the prisoners’ formal, freely given and informed consent, authenticated by conditions of work approximating a free labour relationship (see paragraphs 59–60 and 113–120 of the Committee’s 2007 General Survey on the eradication of forced labour).

The Committee therefore hopes that measures will be taken to ensure that the formal, freely given and informed consent is required for the work of prisoners for private companies, both inside and outside prison premises. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of the abovementioned section 23 of Order No. 56 of 2009, as well as sample copies of contracts concluded by penitentiary administrations with private companies.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its previous comments, the Committee requested the Government to provide information on the practical application of section 220 of the Penal Code punishing with sanctions of imprisonment of three to five years the imposition of forced prostitution, and sections 260 and 261 of the Code prohibiting slavery and punishing perpetrators with sanctions of imprisonment of up to 15 years.

Noting the Government’s intention expressed in the report to provide such information in the future, the Committee hopes that the Government will not fail to communicate, in its next report, the information on the penal proceedings instituted under these provisions, indicating the penalties imposed on perpetrators.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of the Act on the Suppression of Human Trafficking (promulgated by Royal Decree No. 126–2008 of 23 November 2008), which makes human trafficking leading to any form of exploitation such as sexual exploitation or forced labour a criminal offence punishable by a prison sentence of three to 15 years and a fine. It also notes that the National Committee for the suppression of human trafficking held its first meeting in April 2009 in order to promote the combat against human trafficking, and that 94 labour inspectors have been appointed for this purpose. The Committee takes note of the information regarding measures for prevention and for the protection of victims of trafficking. It notes in particular the adoption of a circular prohibiting employers from confiscating the passports of migrant workers, and the establishment of a shelter for the victims of human trafficking which is under the responsibility of the police force. The Government also indicates that the Ministry of Labour set up a supervisory mechanism in December 2008 whereby incidences of human trafficking can be identified by monitoring bank accounts, work contracts and payslips and conducting unannounced inspections of workplaces. Victims of trafficking who have fled abusive employers without obtaining the sponsorship of new employers are allowed to stay in the country for at least one month to look for a new sponsor.

In the same context, the Government states that it has organized information campaigns to raise awareness among workers and employers about the problem of trafficking. Besides, the Ministry of Labour has distributed brochures in embassies, airports and recruitment agencies, translated into 11 languages, in order to inform migrant workers of their rights.

The Committee notes from the Government’s report that a cooperation agreement was signed in November 2008 with the Government of India to further develop the exchange of data on the unlawful recruitment of Indian workers and to ensure that they have adequate protection against certain forms of abuse.

The Committee notes the information on the first trial for human trafficking in connection with sexual exploitation, which took place in 2009 and in which the offenders were sentenced to a prison term of seven years pursuant to the Act on the Suppression of Human Trafficking. The Committee hopes that the Government will take the necessary steps to ensure that the Act on the Suppression of Human Trafficking is fully and effectively applied and that in its next report it will provide up-to-date information on the application of the Act in practice, indicating, in particular, the number of cases of trafficking in persons recorded, the convictions and the sentences handed down.

Article 2(2). Exceptions to the ban on forced or compulsory labour. In its previous comments, the Committee took note of the provisions of section 12 of the Basic Statute of the State, enacted by Sultan’s Decree No. 101/96 of 6 November 1996, under which a person may not be required to undertake forced labour of any kind other than work authorized by law performed in the public interest and for remuneration. The Committee took the view that the very general wording of section 12 of the Basic Statute of the State left room for the adoption of a law which could allow forms of forced labour to be imposed for public purposes.

The Committee notes the information supplied by the Government to the effect that section 3bis of the Labour Code prohibits any employer from imposing any form of forced or compulsory labour whatsoever and that sections 76–80 of the Basic Statute of the State forbid any state body to adopt legislation that is inconsistent with ratified international instruments which form part of the country’s legislation. The Government also indicates that it will keep the Office informed of any amendments or changes to the Basic Statute of the State or any other relevant legislation.

While noting this information, the Committee reiterates the hope that, in the context of a possible revision of the Basic Statute of the State, the amendment of section 12 will be envisaged so as to define clearly and restrictively the forms of compulsory labour and service that may be required on an exceptional basis, so as to bring this provision into conformity with those of the Convention. Pending such a revision, the Committee again asks the Government to keep the ILO informed of any texts adopted under section 12 and to send copies of the relevant provisions.

Article 2(2)(c). Prison labour. In its previous comments the Committee took note of section 15 of Sultan’s Decree No. 48 of 26 July 1998 promulgating the Prisons Act, which requires prisoners to work both in and outside the prison premises. It notes that in its report, the Government states that prisoners do not work for individuals, enterprises or associations. The Committee would be grateful if the Government would provide a copy of the provisions governing the organization of prison labour both in and outside prison premises.

Article 25. Penal sanctions for the unlawful performance of forced or compulsory labour. The Committee notes that sections 260 and 261 of the Penal Code prohibit slavery and provide for a prison sentence of three to 15 years on any person committing such an offence, and that section 220 of the Code provides for a prison sentence of three to five years for the imposition of forced prostitution. The Committee would be grateful if the Government would provide information on the practical application of these provisions, particularly on the penal procedures and the penalties applying under these provisions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee has noted the information provided by the Government in its reports received in 2005 and 2007.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of exploitation. Referring to its 2000 general observation on the subject, the Committee requests the Government to provide, in its next report, information on measures taken or envisaged, both in the legislation and in practice, in order to prevent, suppress and punish trafficking in persons for the purpose of exploitation. Please provide information on any legal proceedings which have been instituted under sections 260 and 261 of the Penal Code, indicating the penalties imposed on perpetrators.

Article 2(2). Exceptions from the prohibition of forced or compulsory labour. In its earlier comments, the Committee referred to section 12 of the Basic Statute of the State, enacted by Sultan’s Decree No. 101/96 of 6 November 1996, which prohibits to impose upon a person the performance of forced labour, of whatever type, with the exception of work authorized by the law, for public purposes and in return for remuneration. The Committee considered that the very general wording of section 12 provides for the possibility of adopting a law which could allow the exaction of forced labour for public purposes. It recalled that under Article 2(2) of the Convention, only certain forms of compulsory work or service, as enumerated exhaustively, are exempted from the prohibition by the Convention, any other form of forced labour being consequently prohibited.

The Committee previously noted the Government’s explanation that section 12 allows promulgation of laws on exceptional grounds and for the sake of public interest, in such areas as military service or emergency cases. It has noted the Government’s renewed statement in its 2005 report that no law authorizing the exaction of compulsory labour has been enacted, and that no State body may issue legislation that is contrary to the requirements of the ratified international instruments which constitute part of the laws of the country. While noting these indications, the Committee hopes that, on the occasion of the possible future revision of the Basic Statute, consideration will be given to a possibility to amend section 12, so as to clearly and exhaustively define the forms of compulsory work or service which could be exceptionally exacted from the population, in order to ensure conformity with the requirements of the Convention. Pending the revision, the Committee requests the Government to keep the ILO informed on any enactment made under the above section, supplying copies of the relevant texts.

Article 2(c). Prison labour. The Committee has noted the provisions of Sultan’s Decree No. 48 of 26 July 1998 promulgating the Prisons Act. It has noted that section 15 of the Prisons Act provides for the obligation of prisoners to work inside or outside prison premises. The Committee requests the Government to indicate, in its next report, whether prisoners may perform labour for private individuals, companies or associations, and if so, under what conditions.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee has noted the Government’s reply to its earlier comments. It has noted the Government’s indications that there are no laws in the country concerning compulsory military service or state of emergency. The Committee again requests the Government to supply copies of the following legislative texts: Police Law (Royal Decree No. 35/90), Royal Decree No. 48/98 respecting the imprisonment of delinquent minors and Regulations concerning the work of prisoners.

2. The Committee previously noted the provision of section 12 of the Basic Statute of the State, enacted by Sultani Decree No. 101/96 of 6 November 1996, which prohibits to impose upon a person the performance of forced labour, of whatever type, with the exception of work authorized by the law, for public purposes and in return for remuneration. The Committee considered that the very general wording of section 12 of the Organic Statute provides for the possibility of adopting a law which could allow the exaction of forced labour for public purposes and in return for remuneration. It recalled that under Article 2(2) of the Convention, only certain forms of compulsory work or service, as enumerated exhaustively, are exempted from the prohibition by the Convention, any other form of forced labour being consequently prohibited.

The Committee has noted the Government’s renewed statement in its report that no law authorizing the exaction of compulsory labour has been enacted, as well as the Government’s explanation that section 12 allows promulgation of laws on exceptional grounds and for the sake of public interest, in such areas as military service or emergency cases. While noting these indications, as well as the Government’s commitment expressed in the report to protect fundamental rights at work and to prohibit forced labour, the Committee expresses the hope that the necessary measures will be taken to amend section 12 of the Basic Statute, so as to clearly and exhaustively define the forms of compulsory work or service which could be exceptionally exacted from the population, in order to ensure conformity with the requirements of the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Use of children as camel jockeys. In its earlier comments, the Committee raised its concern on the situation of children involved in camel races who are subjected to exploitation and are placed in conditions in which they cannot freely give their consent, nor can such consent validly be provided by their parents in their place. It requested the Government to take all the necessary measures to prevent children who are involved in camel races from being subjected to conditions of forced labour and exploitation and to adopt provisions prohibiting the employment of young persons under 18 years of age as camel jockeys and establishing severe penalties for the perpetrators.

The Committee has noted the Government’s reply to its previous observation on the subject. It recalls that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and has already sent its first report on the application of that Convention. In so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that this problem can be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its comments on the application of Convention No. 182.

The Committee is also addressing a direct request to the Government on certain other points.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Also referring to its observation, the Committee notes the reports provided by the Government.

1. The Committee notes the prohibition of forced labour set out in section 12 of the Organic Statute of the State, enacted by Decree No. 101/96 of 6 November 1996, which provides that it is not permitted to impose upon a person the performance of forced labour, of whatever type, with the exception of work authorized by the law, for public purposes and in return for remuneration. The Committee notes that, according to the Government’s reports, no law permitting the exaction of compulsory labour has been enacted.

However, the Committee considers that the very general wording of section 12 of the Organic Statute provides for the possibility of adopting a law which could allow the exaction of forms of forced labour for public purposes and in return for remuneration. Pursuant to Article 2, paragraph 2, of the Convention, only certain forms of compulsory service, as enumerated exhaustively, may be considered as exceptional forms of compulsory labour and any other form of forced labour is consequently prohibited.

Consequently, the Committee requests the Government to take the necessary measures to amend section 12 of the Organic Statute, so as to ensure conformity with the requirements of the Convention.

2. The Committee requests the Government to provide copies of the following legislative texts:

- the Penal Code (Royal Decree No. 7/1974);

- the Code of Penal Procedure;

- the Police Law (Royal Decree No. 35/90);

- the Regulations respecting prison work;

- Royal Decree No. 48/98 respecting the imprisonment of delinquent minors;

- the Military Service Law;

- the Law on the State of Emergency;

- the Law on the residence of foreign nationals;

- laws respecting freedom of expression and opinion, the freedom of the press, freedom of association and freedom of assembly; and

- the amendments made to the Labour Act.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee raises its concern on the situation of children involved in camel races who are subjected to exploitation and are placed in conditions in which they cannot freely give their consent, nor can such consent validly be provided by their parents in their place.

The Committee notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.161, paragraph 51), noting the risks incurred by children involved in camel racing. According to the above Committee, very young children are employed as jockeys in races which endanger their life and safety.

The Committee notes that working as camel jockeys is liable to jeopardize the health and safety of jockeys by reason of its nature and the extremely hazardous conditions in which it is performed.

The Committee requests the Government to provide information on the measures taken to prevent children who are involved in camel races being subjected to conditions of forced labour and exploitation.

The Committee also addresses a direct request to the Government concerning other points.