Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report. It notes with interest that Oman ratified the Minimum Age Convention, 1973 (No. 138), by Royal Decree 65/2005. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Forced or compulsory labour. The Committee had previously noted that section 12(6) of the Basic Statute of the State prohibits compulsory labour, except when it is stated by virtue of a law and only for rendering a public service and in return for a fair remuneration. It had asked the Government to provide information on any law authorizing the exaction of compulsory labour which could include children under 18 years. The Committee notes the Government’s information that no laws have been promulgated in Oman permitting forced labour in the civil service for adults or children under 18 years of age. The Committee takes due note of this information.

2. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes the Government’s information that there is no compulsory military service in Oman. The laws in force do not allow children under the age of 18 to join the armed forces nor to participate in any armed conflict. Although children between the ages of 15 and 18 may be employed in the armed forces, they may only carry out civilian jobs and technical training programmes in technical training academies.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that sections 34 and 224 of the Penal Code punish the production, distribution and exposition of pornographic and obscene material. It had observed, 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 notes the Government’s information that there are no cases of use of pornographic performances in Oman, involving adults or juveniles, as this is against Islamic values and those of Omani society. Moreover, the Ministry of National Heritage reviews any video or cinematic material before granting the required license. It notes the Government’s statement that employment in pornographic or depraved occupations is totally prohibited in Oman and consequently, neither adults nor juveniles may be employed in pornographic or depraved occupations. Furthermore, sections 220-222 of the Penal Code provide for the punishment of any person who incites anyone to depravity, performs it or manages the place of its commerce. The sanction is harsher if the incitement involves a child under 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted 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. It had asked the Government to provide a definition of “minor”. The Committee notes the Government’s information that the Omani legislation refers to a “child”, according to circumstances, by several names, such as “minor” or “juvenile”. All these indicate that a child is a person who has not reached the age of 18 years.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee had previously noted that, under section 79 of the Labour Code, the conditions and circumstances under which the employment of young persons shall be undertaken and the occupations, tasks, and activities in which young persons may be employed, shall be regulated by virtue of ministerial orders. It had requested the Government to provide information on the ministerial orders that determine the types of hazardous work that shall not be performed by boys and girls under 18 years of age. The Committee notes the Government’s information that Omani law provides that juveniles under the age of 18 may not be employed in mines and quarries or in hazardous work. It also notes the Government’s statement that an occupational safety and health (OSH) committee has been established between government ministries and private sector establishments, which is in charge, amongst others, of determining activities that are hazardous or physically demanding. The OSH Committee has determined a provisional list of 43 hazardous occupations, types of work and industries prohibited for juveniles under the age of 18 years, which is in the process of being reviewed by it. The Committee requests the Government to keep it informed on the adoption of the list of hazardous occupations prohibited to children under 18 years of age and to supply a copy of this list as soon as it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that reports by the inspection visits of the Labour Affairs Department indicate that no cases of child labour were recorded in Oman in the past few years. The Committee also notes that the Government’s report contains comprehensive information on the number of private establishments inspected found in violation of the provisions regarding occupational health and safety at work. It further notes the Government’s statement that periodic inspections have verified the absence of violations in establishments for the employment of children. In fact, juveniles are not employed in the Sultanate due to the availability of cheap foreign labour and the provision of free education and health care to all citizens in the Sultanate. In this regard, the Government points out that only foreign workers over the age of 21 years may be admitted to the country for employment.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously requested 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 prevent the worst forms of child labour. The Committee notes the Government’s more recent information that the Labour Affairs Department and other authorities undertake several activities in the field of labour information, including: (a) individual and collective awareness-raising campaigns conducted on all labour issues including the worst forms of child labour; (b) promotional activities on the rights of the child and the elimination of the worst forms of child labour (Ministry of Social Development and Ministry of Education); and (c) pamphlets and posters about the rights of the child, children’s programmes and audio-video social programmes which deal with various issues regarding children (Ministry of Social Affairs).

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code provides for sufficiently effective and dissuasive penalties of imprisonment for most offences related to the Convention. It had also noted the low amount of the fine imposed under section 188 of the Labour Code on anyone who employs a child under 18 years in breach of the relevant provisions of the Code. The Committee notes the Government’s information that the penalty provided for in section 118 is multiplied by the number of juveniles or women employed in violation of this provision. If the offence is repeated within a year of the first sentence, the employer may, in addition to the fine, be sentenced to imprisonment.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring free basic education. Following its previous comments, the Committee notes with interest the Government’s information that achieving universal primary education and eliminating gender disparity in all stages of education constitute two of the “Millennium Developments Goals and Targets” (hereinafter MDGs) to be achieved by 2015. The Government indicates that the net enrolment rate in primary education in 1993-94 was 86.6 per cent and has increased to 92.1 per cent in 2003-04, i.e. an annual increase of 0.62 per cent. The Committee takes note of the information contained in the Government’s report regarding the school enrolment rates for 2003 disaggregated by age (from 6 to 18 years) and gender. It notes the Government’s information that the Basic Education system, which was firstly implemented in 1998-99 in 17 schools, has now been applied in 352 Basic Education schools. It also notes the Government’s statement that the Ministry provides boarding schools to children from remote areas to enable them to pursue their education. Considering that education plays an important role in preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to continue providing information on the implementation of the measures aimed at achieving universal primary education.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that childcare institutions and children’s corners in the Sultanate draw up the plans and programmes to provide the required support for the children. They also care for the child and provide for its rehabilitation if required. The Committee requests the Government to indicate whether these institutions are in charge of rehabilitating children victims of prostitution and trafficking. If so, the Committee requests the Government to specify the number of children withdrawn from prostitution and from trafficking respectively.

Parts IV and V of the report form. The Committee notes the Government’s information that the rate of children below the age of 18 is 49.12 per cent of the total Omani population. It notes the Government’s statement that child labour does not exist in the Sultanate, due to the strict nature of the law in force. Social cohesion, the strictures of the Islamic faith and Omani family traditions also prevent child labour. The Committee also notes the Government’s statement that the phenomenon of the sale of children does not exist in Oman. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst 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.