Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee takes note of the Government’s first report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee observes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 238) section 260 of the Penal Code provides that whoever deports or puts a person in a state similar to slavery commits an offence. The Government also states that, by virtue of section 261 of the Penal Code, it is prohibited to cause a person to enter into or exit from Oman in a state of servitude or slavery or thereby dispose of him, receive, possess, acquire or maintain that person in such state. The Committee asks the Government to provide a copy of the relevant provisions of the Penal Code.

2. Forced or compulsory labour. The Committee notes that section 12(6) of the Basic Statute of the State dated 6 November 1996, provides that it is prohibited to impose any compulsory work on anybody except by virtue of a law and only for rendering a public service and in return for a fair remuneration. The Committee asks the Government to provide information on any law authorizing the exaction of compulsory labour which could include children under 18 rendering a public service in return for a fair remuneration.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the absence of information in the Government’s report on this point. The Committee accordingly requests the Government to provide a copy of the provisions fixing the minimum age for compulsory recruitment of children for use in armed conflict.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to the Government’s indication, it is prohibited under section 221 of the Penal Code to incite, by means of coercion, intimidation or seduction, a person to engage in prostitution. The Committee observes that the Government refers to the same provision, in its report to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 235), but quotes it as section 220 of the Penal Code. Furthermore, it observes that the Government indicates to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 235) that section 221 of the Penal Code states that whoever on his subsistence relies, wholly or partly, on gains derived from prostitution practised under his protection or influence of dominance, commits an offence. The Committee accordingly asks the Government to supply a copy of the relevant penal provisions.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 34 of the Penal Code, offences publicized by any of the following means shall be deemed public offences: writings, paintings, drawings, photographs, films and signs of all kinds, if exhibited in a public place exposed to sight or accessible to the public. Section 224 of the Penal Code provides that any person who commits an offence by any of the means stated in section 34 is liable to ten days to one year imprisonment and a fine of two to Riyals 50. The same penalty shall be applied to any person who produces, keeps, distributes or exposes pornographic letters or pictures or other indecent matter. Scientific or technical production shall not be deemed indecent unless exposed for purposes other than scientific, to a person of less than 18 years. The Committee observes however that these legal provisions do not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, constitutes one of the worst forms of child labour and is therefore prohibited for children under 18. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited and that effective penalties are provided.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of sections 43(1) and 43(2) of the Law on the Control of Narcotic Drugs and Psychotropic Substances of 2000, it is prohibited to use a minor for importing, exporting, producing or manufacturing narcotic substances or psychotropic substances, cultivating, exporting or importing any of the plants listed therein in circumstances other than those legally authorized. The Committee asks the Government to provide a definition of the term "minor".

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes that, by virtue of section 76 of the Labour Code of 2003, night work (i.e. from 6 p.m. to 6 a.m.) is prohibited for children under 18 years of age. Section 77 also prohibits young persons from working overtime and working during rest periods and on official holidays. The Committee notes that section 79 of the Labour Code states that the conditions and circumstances under which such employment shall be undertaken, the occupations, tasks and activities in which young persons may be employed, in accordance with their age groups, shall be regulated by virtue of ministerial orders. It also notes that section 82 of the Labour Code prohibits the employment of females in tasks which jeopardize their health and in dangerous or other tasks as specified in a Ministerial Order. The Committee notes the absence of information in the Government’s report on any Ministerial Order listing the types of hazardous work prohibited for children under 18. The Committee accordingly asks the Government to provide information on the Ministerial Orders that determines the types of hazardous work that shall not be performed by boys and girls under 18 years of age.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee takes note of the Government’s indication that the Ministerial Department of Worker’s Welfare and the labour inspectorate monitor the application of the Labour Code. The Committee observes that section 90 of the Labour Code provides for the appointment of labour inspectors to supervise the implementation of the legal provisions on working conditions (including matters related to health and safety) of workers. Labour inspectors may enter workplaces, consult any relevant registers or documents in the enterprise, question workers, and draft a report to be presented to the competent authority. The Committee asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that child labour does not exist in Oman. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Oman.

Article 7, paragraph 1. Penalties. The Committee observes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 238), section 260 of the Penal Code provides that a person who deports or puts a person in a state similar to slavery is liable to imprisonment for five to 15 years. The Government also states that, by virtue of section 261 of the Penal Code, a person who causes another person to enter into or exit from Oman in a state of servitude or slavery or thereby disposes of that person, receives, possesses, acquires or maintains him/her in such state, shall be punished with imprisonment for three to five years. The Committee also observes that forced labour is prohibited under section 12 of the Basic Statute of the State, but no penalties are provided for in the Statute. The Committee further notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 235), section 220 of the Penal Code imposes a penalty of imprisonment of three to five years on any person who incites another to prostitution by the use of coercion, threat or deception. The penalties shall not be less than five years if the victim was below the age of 18 years. The Government further indicates that section 221 of the Penal Code provides that whoever on his/her subsistence relies, wholly or partly, on gains derived from prostitution practised under his/her protection or influence of dominance, shall be punished with imprisonment of three months to three years and a fine of Riyals 20 to 100 (approximately US$260). Sections 43(1) and 43(2) of the Law on the Control of Narcotic Drugs and Psychotropic Substances imposes the death penalty on a person who uses a minor under 18 for importing, exporting, producing or manufacturing narcotic substances or psychotropic substances; cultivating, exporting or importing any of the plants (listed therein) in circumstances other than those legally authorized. The Committee also observes that section 118 of the Labour Code states that a person who violates the provisions related to the employment of children is liable to a fine of Riyals 100. The Committee asks the Government to provide information on the practical application of the abovementioned provisions

The Committee notes the low amount of the fine imposed under section 118 of the Labour Code and requests the Government to provide information on the measures taken or envisaged to ensure that a person who employs a child under 18 years in breach of the provisions of the relevant provisions of the Labour Code is liable to sufficiently effective and dissuasive penalties.

Paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the existence of time-bound and effective measures: (b) to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) to ensure access to free basic education; (d) to identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2)(b), (c), (d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee observes that, by virtue of section 13 of the Basic Statutes, the State shall provide for public education and work to combat illiteracy. According to the Government’s report to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraphs 50, 172, 173), primary and secondary education is free of charge, and available to all children aged six to 12 living in Oman, regardless of their nationality. Secondary education is available to those who have successfully completed primary education and the preparatory stage of education. The Government also indicates that, in 1998, the Ministry of Education implemented the Basic Education System, which will last ten years. The basic education programme aims at providing education for all children up to 16 years of age. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.161, Concluding Observations, parasgraphs 43 and 44), expressed its concern at the absence of compulsory primary education and high number of drop-outs and repetitions at primary, preparatory and secondary levels, especially among boys. The Committee observes that, according to the Government’s information to the Committee on the Rights of the Child (CRC/C/78/Add.1, Answers to the question of the Committee on the Rights of the Child, page 15) the enrolment rate in primary education was 94 per cent in 1999/2000, 72.4 per cent at the preparatory level, and 55 per cent in secondary education. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to provide information on the progress achieved in implementing the Basic Education System as well as the measures taken or envisaged to make primary education compulsory.

Article 8. 1. International cooperation. The Committee notes that Oman is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1997.

2. Regional cooperation. The Committee notes that according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/78/Add.1, 18 July 2000, paragraph 236), Oman has entered into several conventions aiming at the eradication of various forms of child sexual exploitation such as: (i) the Security Agreement between the Sultanate and the Kingdom of Saudi Arabia, ratified by Royal Decree No. 32/82; (ii) the Security Agreement among the Arab Gulf Cooperation Council countries, ratified by Royal Decree No. 11/95; (iii) the Agreement with Gulf Cooperation Council countries for the Execution of Judgements and Orders and Judicial Summons, ratified by Royal Decree No. 17/96; and (iv) the Joint Cooperation Agreement between the Sultanate and the Republic of India, ratified by the Royal Decree No. 107/96. The Committee requests the Government to provide information on the impact of these measures of cooperation on eliminating the commercial sexual exploitation of children under 18 years of age.

Part III of the report form. Noting the absence of information in the Government’s report on this point, the Committee requests the Government to supply information on any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee would be grateful if the Government could provide a general appreciation of the manner in which the Convention is applied in Qatar, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.