Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

Autre commentaire sur C105

Observation

2019
2016

Demande directe

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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 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 imperiling 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 notes the Government’s indication in its report that no court decisions have been handed down for violation of the above-mentioned provisions. The Committee recalls that section 134 of the Penal Code, sections 5 and 54 of the Law on private associations, section 61 of the Law on telecommunications, and sections 25, 27 and 33 of the Law on publication and printing are worded in terms broad enough to be used as a means of punishment for peacefully expressing political views and, insofar as they are enforceable with sanctions of imprisonment involving compulsory labour, they may fall within the scope of the Convention. The Committee also recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views. The range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion (see the 2012 General Survey on the fundamental Conventions, paragraph 302). The Committee therefore requests the Government to take the necessary measures to repeal or amend the above-mentioned national legislation so that no penal sanctions involving compulsory prison labour may be imposed on persons who, without using or advocating violence, express certain political views or views opposed to the established political, social or economic system. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of the above-mentioned provisions, including copies of relevant court decisions.