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

Minimum Age Convention, 1973 (No. 138) - Oman (Ratification: 2005)

Other comments on C138

Direct Request

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Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted that basic education in Oman is of a ten-year duration, and is normally completed by 16 years of age. The Committee observed that education, though it is provided free of charge, is not compulsory. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 29 September 2006, expressed concern that primary education has not yet been made compulsory by law. The CRC also expressed regret that not all children are enrolled in school, and that not all children complete a full course of primary education (CRC/C/OMN/CO/2, paragraph 55).

The Committee notes the Government’s statement that, according to information available at the Ministry of Education, the total number of out of school children has decreased from 2,054 in 1999 to 1,723 children in 2006. The Government indicates that the enrolment rate of students in basic education rose from 90.7 per cent in 1999 to 92.7 per cent in 2006. The Government indicates that this higher enrolment rate indicates that legislation stipulating compulsory education is not necessary. The Committee also notes the information from the UNESCO Education for All Global Monitoring Report of 2011 that there is a 97 per cent transition rate from primary to secondary school. This UNESCO report further indicates that the gross enrolment rate in secondary school in 2008 was 88 per cent, an increase from 75 per cent in 1999.

The Committee finally notes the Government’s statement that the subject of raising the minimum age for admission to employment from 15 years to 16 years is currently being examined by the competent bodies. The Government indicates that it will communicate any new developments on this subject. In this regard, the Committee reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age specified should not be less than the age of completion of schooling. Furthermore, the Committee wishes to emphasize the importance of linking the age of school completion with the minimum age for admission to work or employment. If the minimum age for admission to work (15 years of age) is lower than the age of completion of school (16 years of age) children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies. The Committee therefore requests the Government to take the necessary measures to raise the minimum age for admission to employment from 15 to 16 years of age, in order to link this age with the age of completion of schooling, in conformity with Article 2(3) of the Convention. Moreover, recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to continue to provide information in the future on any measures envisaged on this subject.

Article 3(2). Determination of hazardous types of work In its previous comments, the Committee noted that section 79 of the Labour Code states that, in addition to the provisions related to the employment of young persons between 15 and 18 years in night work and overtime, the conditions and circumstances under which such employment shall be undertaken, the occupations, tasks and activities in which they may be employed in accordance with their age groups, shall be regulated by virtue of ministerial orders. In this regard, the Committee noted the Government’s indication that it was preparing a list of hazardous occupations prohibited to persons under the age of 18, in consultation with the social partners. The Committee expressed the firm hope that this list would be adopted as soon as possible.

The Committee notes the information in the Government’s report that the Ministry of Manpower has prepared, in collaboration with the social partners and other competent bodies, a list of hazardous types of work prohibited for persons under the age of 18. The Government indicates that this list is currently being revised for submission to the competent bodies. Observing that the Government has been indicating its intention to adopt such a list since 2007, the Committee requests the Government to take the necessary measures to ensure that a list determining the types of hazardous work prohibited to persons under the age of 18 is adopted in the near future. It requests the Government to provide a copy of this list, once adopted.

Parts III and V of the report form. Labour inspection and the application of the Convention in practice. The Committee previously noted that the CRC, in its concluding observations of 29 September 2006, expressed appreciation with respect to the particular efforts of the Government to prohibit the use of child labour in the formal sector. However, the CRC expressed concern with regard to children working in the informal sector, such as children working in agriculture, fishing and small family businesses (CRC/C/OMN/CO/2, paragraph 63).

The Committee notes the Government’s statement that the records of the inspection team at the Public Directorate for Workers Welfare, as well as at the Ministry of Manpower, indicate that no cases of child labour under the legally prescribed age were detected, up to August 2011. The Committee also notes the Government’s statement that training sessions on labour inspection policies and strategies were held in March and September 2010. The Committee further notes the Government’s statement that the participation of children in small family undertakings such as agriculture and fishing are considered to be family activities, in which children of the household help with family-related work. In this regard, the Committee recalls that the Government did not, at the time of ratification, avail itself of the possibility, under Article 4 of the Convention, of excluding family work or informal agricultural activities from the scope of the Convention. In addition, the Committee notes the information in the UN joint submission (drafted by United Nations field presences at both country and regional levels) to the Universal Periodic Review of the UN Human Rights Council of January 2011 that while child labour does not exist in any formal industry, concerns have been raised in recent years concerning children working in the informal sector in Oman. The Committee therefore encourages the Government to take measures, within the framework of initiatives to improve its labour inspection system, to strengthen the capacity and expand the reach of the labour inspectorate, to ensure the effective monitoring of children working in the informal sector. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice.