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

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Oman (Ratification: 2005)

Autre commentaire sur C105

Observation

Demande directe

2013
2011
2010
2008

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Article 1(a) of the Convention. Sentences of imprisonment involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that sentences of imprisonment (involving the obligation to work under section 25 of the Prison Regulations (Decree No. 48 of July 1998)) may be imposed under various provisions of the national legislation in circumstances covered by Article 1(a) of the Convention, namely:

-Section 134 of the Penal Code, which prohibits the establishment of associations, (political) parties and organizations which are opposed to the political, economic and social system of the sultanate. Any organization that is established in violation of these provisions shall be dissolved and its founding members and any other member shall be sentenced to a penalty of imprisonment (from one to ten years).
-Sections 5 and 54 of the Law on private associations (Royal Decree No. 14/2000) which prohibit the establishment of associations or parties for political or religious purposes and establish a penalty of imprisonment of six months (involving compulsory labour) for any person who participates in activities other than those for which the association was established.
-Section 61 of the Law on telecommunications (Royal Decree No. 30 of 12 March 2002) which provides for a penalty of imprisonment of one year for any person who, using a means of telecommunication, draws up a message that is contrary to public order and morals or which is intended to injure a person through the use of false information.
-The Law on publication and printing (Royal Decree No. 49/84 of 26 May 1984), which prohibits any publication prejudicial to the person of the King, the image of Islam or imperilling the prestige of the State (section 25); any publication injurious to the national currency or giving rise to confusion about the economic situation of the country (section 27) and the publication of information or the coverage of any subject without prior authorization from the Ministry of Information and Communications (section 33).

The Committee requested the Government to re-examine the above provisions in order to bring them into conformity with Article 1(a) of the Convention, which prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

Noting the Government’s intention to provide relevant information on this point in the future, the Committee once again hopes that the necessary measures will be taken as soon as possible in order to re-examine the above provisions with a view to ensuring that persons who have expressed certain political views or their ideological opposition to the established political, social or economic system through political parties or various communication media are not subject to penalties of imprisonment involving compulsory labour. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of the above provisions in practice, including copies of court decisions and indicating the penalties imposed.

The Committee previously noted the Government’s statement that there are no laws on political parties, meetings or demonstrations, apart from the principles established in the Constitution. It requested information on the manner in which the right to demonstrate and to organize public meetings is exercised in practice.

Noting the Government’s intention to provide relevant information on this point in the future, the Committee once again requests the Government to indicate the manner in which the right to demonstrate and to organize public meetings is exercised in practice. Please also indicate the penalties which may be applied to persons who organize or participate in public demonstrations or meetings in violation of the existing procedures.

Article 1(d). Penalties imposed for participating in strikes. The Committee previously noted the provisions of section 20 of the Regulations on collective bargaining and peaceful strikes (Ministerial Decision No. 294/2006) under which all strikes in establishments which provide essential or public utility services are illegal. It requested the Government to indicate the penalties that may be imposed on persons who participate in a strike in these services.

The Committee notes the Government’s indication that public services or essential services are defined in accordance with Ministerial Order No. 294/2006 as amended by Ministerial Order No. 17 of 2007, as services which are carried out by an undertaking whose activity is related to a service utility such as education, medical care, electricity, water, telephones, a defence or police utility such as fire brigade, services which respond to an emergency, prisons or air navigation.

Regarding the penalties imposed on persons who participate in a strike in essential services, the Committee notes that the Government refers to section 124 of the Labour Code which provides that any person who violates the provisions of this Code, regulations and implementing decisions shall be punished by paying a fine of from 500 Omani rials (OMR) to OMR1,000. Such a penalty may apply to any person who violates the decision regulating peaceful strikes.

Regarding the provisions governing the exercise of the right to strike in the public service, the Government indicates that there are no trade unions nor is there any regulation of the practice of the right to strike in the government sector.