Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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), 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.

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 provide information on the application in practice of this provision.

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.

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 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.

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.