Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Oman (Ratification: 1998)

Autre commentaire sur C029

Observation

Demande directe

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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.