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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Oman - 10th Session - 2011
26th January, 9am to 12pm
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National Report
Compilation of UN Information
Stakeholder Compilation
Accepted and rejected recommendations
34. Education in Oman is provided free of charge to all citizens up to the end of grade 12. In 1970 there were only three formal schools with 900 students in the whole country. Oman's national educational program expanded rapidly over the last four decades. In 2006– 2007 about 563,000 students attended 1,053 public schools. The number of students in private schools is about 20,000. There are also extensive programs to combat adult illiteracy.
35. The 2006 Human Development Report found the literacy rate to be 81.4 per cent in adults (older than 15), up from 54.7 per cent in 1990. For the same period, the youth (15–24) literacy rate increased from 85.6 to 97.3 per cent. The Education sector has garnered a major share of the year 2010 governmental budget with an allocation of approximately RO 868.9 million which forms 35 per cent of the total current expenditure.
39. The Ministry of Education's aim of introducing child rights and human rights in an integrated manner utilizes the 'Charter on Child and Human Rights Concepts'. Since the 2008–2009 school year, this has been introduced in grades 1–4 and informs the curriculum in a range of subjects including Islamic education and culture, Arabic language, social studies, life skills, science, mathematics, information technology, English language, school sports, music and arts. It is intended to expand this to grades 5–7.
42. In taking a proactive stance in advancing women's rights, Oman has achieved 50 per cent participation of girls in school enrolments, women constitute 55 per cent of university students and some 30 per cent of the work force in the government sector and 19.3 per cent in the private sector – where many posts are taken by expatriate male workers.
48. Oman acceded to the Convention on the Rights of the Child in 1996 and both its Optional Protocols 2004. On ratifying the Convention, and as a testament to its good faith in giving effect to those commitments, the government established a National Committee Concerned with Following-up the Implementation of the Convention on the Rights of the Child, composed of representatives from different government authorities and civil society institutions. Oman has carried out numerous activities to promote awareness of its provisions. Oman's report was reviewed by the CRC Committee in 2001 and marked the first occasion in which Oman had appeared before a human rights treaty body. Its second periodic report was reviewed by the Committee in 2006. Its third and fourth periodic reports are due in 2012. The Sultanate has taken numerous steps in raising awareness of the provisions of the Convention, and is currently working on preparing a draft Law of the Child. In 2010, Oman lifted four of its reservations to the Convention and limited its fifth and only remaining reservation.
49. The Basic Statute of the State upholds education as a cornerstone of community progress. Oman has made education available and accessible to all.
50. Ministry of Health statistics show that infant mortality (less than one year old) has dropped from 118 per 1,000 live births in the early 1970s to 10.5 per 1,000 births in 2009, and that the under-5 mortality rate dropped from 181 to 11.7 in the same period. The data shows no significant differences in mortality rates between Omani nationals and the expatriate community (10.5:9.7 for infants and 12.4:12.2 for under-5s).
51. Oman is also committed to strengthening certain areas of child protection. In relation to child abuse, for example, the Ministry of Health has begun monitoring cases, introduced a reporting system, is developing a reference guide and has conducted training courses for workers in health centres in investigating such abuse. The Ministry of Health is also collaborating with other ministries in proposing legal provisions for ensuring child protection.
52. The Labour Law includes provisions that prohibit those below the age of 15 from taking up employment or entering the workplace. The Labour Law prohibits the employment of under-18s for a period exceeding six hours per day. It is further prohibited to make under-18s work overtime, to work between 18.00 and 06.00, or to work during holidays or weekends.
54. The Law on Juvenile Accountability (promulgated by Royal Decree 30/2008) has significantly advanced guarantees for juveniles. This Law defines a juvenile as any male or female under eighteen years old. This Law is directed towards reform and rehabilitation and provides for the establishment of special departments for the care of and rehabilitation of delinquent juveniles; for example the Juvenile Affairs Department, the Juvenile Guidance House, the Juvenile Supervision House in the Juvenile Police Unit and the Juvenile Reformation House. Juvenile cases are dealt with exclusively by specialized juvenile courts, and the Law stipulates that the trial of a juvenile shall be held in closed sessions in order to make sure that the future of the juvenile is not compromised.
71. The rights of inmates are addressed in the Law of Prisons (promulgated by Royal Decree 48/98). This Law refers in some detail to the Executive Regulations under the Law of Prisons (issued by Ministerial Decision 56/2009). For example, Article 5 of the Law of Prisons stipulates that no one shall be put in prison except with a written order from a competent judicial authority. The teaching of illiterate inmates is obligatory and the Prison Administration provides other inmates with vocational training. Inmates are encouraged to practice arts, crafts and other cultural activities. Education is provided for all prisoners to the level of higher education. Religious practice is guaranteed by law as well as health and social care. As far as pregnant inmates are concerned, they shall enjoy special treatment in terms of food and the jobs assigned to them. The child's birth certificate shall not indicate his/her birth in prison or the fact of his/her mother being in prison. If a child is born in prison he/she shall, based on the mother's wish, stay with the mother until the age of two. At that age, or should the mother not want him/her to remain with her during that period, the father of the child shall have custody. Finally, inmates are released annually based on good behaviour and on humanitarian grounds.
115. Ensure bringing into force the Omani Law of the Child in pursuit of its national strategy on children and in line with its CRC obligations.
116. Continue the integration of human rights education in the remaining grades in schools.
1. The Committee on the Rights of the Child (CRC) regretted Oman's reservations to articles 7, 9, and 30 of the Convention.7 The joint United Nations submission on Oman (joint submission) indicated that Oman had made broad reservations to CEDAW and CRC, making their applicability subject to conformity with the Omani Basic Law and Sharia. The joint submission encouraged Oman to remove these reservations.
2. The joint submission encouraged Oman to accede to ICESCR and ICCPR. CRC encouraged Oman to accede to ICCPR, ICESCR and CAT.
4. CRC recommended that Oman consider ratifying the Rome Statue of the International Criminal Court.
5. CRC encouraged Oman to accede to the Convention relating to the Status of Refugees (1951) and its Protocol (1967).15 CERD recommended that Oman accede to the 1954 Convention relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness.
6. CERD and CRC recommended that Oman consider acceding to ICRMW.
10. CRC noted with appreciation that Oman, in cooperation with UNICEF and other competent experts, had conducted a comparative study of legislation in relation to the provisions of the Convention. Some legislative measures had been taken or proposed to strengthen the legal protection of children, such as a bill for the care and rehabilitation of persons with disabilities and the draft act on juveniles. CRC noted that an Act on Human Trafficking had been adopted in 2008, but recommended that Oman revise its Penal Code to bring it in full compliance with the Optional Protocol on the sale of children, child prostitution and child pornography. It also recommended that Oman promptly adopt the Children's Act and ensure that it is in conformity with the Convention and its Protocols.
13. CRC noted that a National Human Rights Commission (NHRC) had been established in 2008, which had yet to become operational. It recommended that Oman ensure its independence and compliance with the Paris Principles, and that it establish a designated children's unit. The joint United Nations submission indicated that the names of the 14 members of the NHRC had been announced in January 2010.
14. The joint submission noted that the 2010 decision of the State Council to establish a committee for women and children affairs which was to assess the impact of State Council legislation and policies on women and children was a step in the right direction, but had yet to be implemented. Oman was also encouraged to strengthen the effectiveness of the National Committee on Disabilities, with the establishment of a secretariat, allocation of a budget and rules of procedure for the work of the Committee.
17. The joint submission noted that progress had been made in the past two years in developing a National Child Strategy. CRC recommended that Oman strengthen its efforts to develop, adopt and implement, in consultation and cooperation with relevant partners, including civil society, a comprehensive national plan of action for children, with concrete and time bound targets. It further recommended that Oman provide a specific budget allocation and adequate follow-up mechanisms for its full implementation.
18. In 2006, the Special Rapporteur on trafficking in persons noted that Oman did not have a national action plan to combat trafficking in persons nor did it have a coordinating mechanism to oversee anti-trafficking efforts. CRC noted with concern the lack of data and research on the prevalence of national and cross-border trafficking, child prostitution and child pornography. In 2010, the ILO Committee of Experts similarly expressed concern at the lack of data available on the trafficking of children.
22. While noting that Oman had taken measures to promote equality between women and men, CRC was concerned about persisting de facto discrimination against women and girls in society. It encouraged Oman to create a supportive environment promoting equal rights of girls to participate in the family, at school, in local communities and in society in general. The joint submission encouraged Oman to conduct a review of the Personal Status Law and the Labour Law with a view to revising articles that discriminate against women.
23. CERD and CRC were concerned that children of Omani women married to non- nationals were not granted citizenship under the Nationality Law, which might lead to a situation of statelessness. Oman was urged to review its legislation in order to ensure that both parents were equally allowed to transmit their citizenship to their children. This issue was also highlighted in the joint submission.
25. The joint submission raised concerns with regard to rights violations against the expatriate workforce. It indicated that civil rights enshrined in the Basic Law applied only to citizens, leaving the country's large population of foreign workers vulnerable to discrimination. CERD was similarly concerned that the provisions of article 17 of the Basic Law, which provide for equality before the law and the right to exercise public rights without any discrimination based on gender, origin, colour, language, religion, sect, domicile or social status, applied only to citizens. It recommended that Oman revise its legislation in order to guarantee equality between citizens and non-citizens in the enjoyment of rights to the extent recognized under international law. CRC was concerned about discrimination against children of migrant workers in terms of social benefits, health, education and housing.
27. CRC noted ongoing efforts to provide equal opportunities for children with disabilities, including through community-based support and services, but observed that a charity-based approach still prevailed. CRC noted with appreciation the draft bill on the care and rehabilitation of persons with disabilities but regretted the lack of a national strategy in this regard and the insufficient data on disabilities and their possible causes. It also noted with concern that a very limited number of children with disabilities was included in mainstream education.
28. CRC recommended that Oman adopt a proactive and comprehensive strategy to eliminate de facto discrimination on any grounds, paying particular attention to girls, children with disabilities, children born out of wedlock and children of migrant workers. Social and health services and equal opportunities to education for children belonging to the most vulnerable groups should be prioritized.
30. The joint submission noted that there was evidence of female genital mutilation (FGM) in some regions of the Sultanate. It encouraged Oman to ensure awareness-raising at the national and local community levels. Oman had addressed the issue in 2001, in a survey of secondary school students, in which the majority of enrolled boys and girls had described the practice as "important" and "necessary." CRC had made similar observations and emphasized that the practice was incompatible with the principles and provisions of the Convention. It urged Oman to continue its efforts to end the practice, and for this purpose to involve and mobilize partners at the local level, including teachers, midwifes, traditional health practitioners, religious and community leaders.
32. CRC was concerned that children continued to be victims of violence and abuse in the home, and that professionals working with and for children were not fully trained to report cases of sexual abuse. It urged Oman to review domestic laws and other regulations in order to ensure that children were protected against physical, sexual and mental violence and abuse, establish effective procedures and mechanisms to receive and investigate complaints and to prosecute cases of abuse and ill-treatment.
33. Noting that measures were being taken to address corporal punishment in schools, CRC urged Oman to review its legislation with a view to preventing and ending the use of all forms of corporal punishment of children, introduce public education, awareness-raising and social mobilization campaigns on alternative non-violent forms of discipline in order to change public attitudes to corporal punishment.
34. The joint United Nations submission noted that a Juvenile Law had been adopted in 2006, and that a number of reforms had been introduced to the juvenile justice system. Juvenile offenders were now dealt with by the juvenile unit of the police and appeared in front of a juvenile court. Juveniles awaiting trial were placed in the newly established "Home for observation of juveniles". If convicted, they were placed in a juvenile correction institute and enrolled in vocational training or community services. It was noted, however, that more emphasis should be placed on the rehabilitation of both victims and young offenders.
35. The joint submission further noted that the draft Child Law included provisions contained in the Juvenile Law issued in 2008, which had established the minimum age of criminal responsibility at only 9 years of age, with sentences of imprisonment being imposed from the age of 13. Oman was urged to ensure that the Child Law would provide for a higher minimum age for criminal responsibility, in accordance with international standards.
36. The joint submission encouraged Oman to strengthen the prosecution of offenders engaged in any form of exploitation of children.
37. CRC noted with concern that the right to identity, including nationality, name and family relations, of children born out of wedlock was not fully protected. It recommended that Oman ensure the respect of the right of all children in this regard.
38. CRC noted information on the establishment of a Child Care Home providing institutional care for orphaned children and children placed in care due to other reasons. It recommended that an effective evaluation mechanism be established for alternative care, including care provided by the Child Care Home and through foster care.
39. CRC regretted that many children born out of wedlock lacked parental care as pregnancies outside marriage were considered illegal, and mothers were "corrected" for their behaviour by having their children placed in alternative care. CRC recommended that Oman take measures to abolish this practice.
42. CRC recommended that Oman continue and strengthen its cooperation with non- governmental organizations and involve them systematically at all stages in the implementation of the Convention, as well as in policy formulation.
47. The joint submission noted that the Labour Law had been amended to prohibit child labour, setting the minimum age for employment at 15 years and for hazardous work at 18 years. In 2010, the ILO Committee of Experts on the Application of Conventions and Recommendations expressed its hope that Oman would adopt as soon as possible a list of hazardous occupations prohibited for children under 18 years of age. CRC appreciated the efforts to prohibit the use of child labour in the formal sector but noted with concern that some children worked in the informal sector, for example in agriculture, fishing and small family businesses. It recommended that Oman strengthen the labour inspectorate to monitor the extent of child labour, including unregulated work. CRC noted with appreciation that the use of child camel jockeys had been banned and recommended that Oman share its good practices through cooperation in the Gulf region.
48. In 2010, WHO stated that infant and under-five mortality rates had dropped to less than one tenth of their values in just 38 years. This was the fastest decline in under-five mortality ever recorded globally.86 In its submission, UNICEF commended Oman for its continued commitment to promote child development. Nevertheless, further initiatives were needed to promote behaviour change to address nutritional deficiencies, as well as emerging issues such as obesity. Given Oman's classification as a high human development country, more resources should be mobilized for this purpose.
49. CRC commended the quality of health care services available in Oman and noted efforts to extend health care services to the remote areas of the country. It recommended that Oman continue to prioritize the allocation of financial and human resources to the health sector, in order to ensure equal access to quality health services for all children, including children of migrant workers.
50. CRC recommended that Oman continue to take measures to raise living standards, particularly among the rural population, and provide well coordinated financial assistance for all economically disadvantaged families.
51. While noting with appreciation that primary school education was free for all children, including non-citizens, CRC was concerned that primary education was not yet compulsory by law. It noted as positive that girls and boys had equal enrolment rates in primary education but regretted that not all children were enrolled and that not all enrolled children completed a full course of primary education. While noting a slight increase in the enrolment rate of secondary education, it regretted the lack of updated information on vocational education and training. The joint United Nations submission noted that high dropout rates were increasingly an issue of concern.
52. The ILO Committee of Experts noted that while the minimum age for admission to employment was 15 years, the age for completion of basic education was 16 years. The Committee encouraged Oman to raise the minimum age for admission to employment in order to link it with the age of completion of basic education.
53. UNICEF noted that measures had been taken to raise awareness on the need to increase the number of pre-schools in Oman, but observed that standards for pre-school education still needed to be established.
54. CRC recommended that Oman further strengthen its efforts to provide human rights education in school and train teachers with respect to including these themes in children's education.
58. CRC noted with concern that the children of migrant workers were often vulnerable to violations of their human rights. It recommended that Oman develop and implement policies and practices that will better protect and provide basic services for children of migrant workers
61. In 2006, CRC recommended that Oman seek international technical assistance on the issue of corporal punishment from UNICEF;101 on child abuse from UNICEF and the World Health Organization (WHO);102 and on child labour from the International Labour Organization and UNICEF.
8. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment of children in Oman was legal, and that the Committee on the Rights of the Child had made recommendations in this regard. GIEACPC indicated that provisions against violence and abuse in the Basic Law (1996), the Penal Code (1974), and the Code of Criminal Procedure (1999) were not interpreted as prohibiting corporal punishment in child rearing. In the penal system, corporal punishment appeared to be unlawful. GIEACPC highlighted the importance of prohibiting all corporal punishment of children in all settings, including the home, and urge the Government to enact legislation to achieve this as a matter of priority.
15. TGCC indicated that mothers could not pass their citizenship to their children if the child was fatherless or without nationality. Furthermore, if Omani women were married to non-Omanis, their husbands' residence rights in Oman were still dependant on having an employment contract in Oman. Children from the age of 18 years suffered the same fate, which also affected the rights of these children to inherit from their mothers, as foreign nationals, except nationals from member countries of the Gulf Cooperation Council, faced several restrictions on property ownership in Oman.
27. OSWL noted that education had been the primary focus of national efforts since the beginning of the new era in 1970, and that broad educational opportunities had been provided to both sexes. Equal opportunities had at a later stage also been offered in higher education and for university studies, both nationally and through the provisions of governmental grants/scholarships for studies abroad. OSWL was concerned, however, that with an increasing number of high school graduates the opportunities for graduates to pursue university studies were declining. OSWL recommended that a provision ensuring free education up to the age of 16 years be included in the Basic Law, that grants/scholarships for university studies be increased to ensure continuous development of national knowledge levels; and that education be focused to a greater degree on the holistic human development of Omani citizens. in order to ensure that children were protected against physical, sexual and mental violence and abuse, establish effective procedures and mechanisms to receive and investigate complaints and to prosecute cases of abuse and ill-treatment.
Accepted and Rejected Recommendations
The following recommendations were accepted:
A - 89.10. Continue its efforts to ensure bringing into force of the Omani Law of the Child in pursuit of its national strategy on children and in line with the obligations under CRC (Bangladesh)
A - 89.11. Further pursue efforts to pass a national law which would ensure a greater degree of protection for children (Sudan)
A - 89.12. Finalize and enact legislation to better protect children, including the draft Law of the Child (Australia)
A - 89.22. Further continue its efforts to improve the rights of children, ensure that the Omani Law of the Child is enforced and consider developing a comprehensive national plan of action for children (Azerbaijan)
A - 89.24. Adopt a national action plan for child rights in the juvenile justice system (Sudan)
A - 89.46. Continue its efforts to end the practice of female genital mutilation in line with recommendations by the Committee on the Rights of the Child (Slovenia)
A - 89.47. Continue efforts to put an end to the practice of female genital mutilation (Italy)
A - 89.61. Continue the work aimed at the prohibition of child labour (Jordan)
A - 89.72. Continue to undertake measures that promote the rights of children, including the provision of equal access to services and protection for children of migrant workers (Philippines)
A - 89.87. Remove all restrictions on girls' access to education (Australia)
A - 89.89. Continue its efforts to integrate human rights education in the remaining grades in schools (Democratic People's Republic of Korea)
A - 89.90. Increase efforts to integrate a human rights culture into school curricula at all stages of education (Bahrain)
A - 89.91. Improve continuously the implementation of its programmes for human rights education (Philippines)
A - 89.94. Share best practices in promoting the education of children with disabilities (Qatar)
A - 89.95. Share with other States its expertise and achievements in the management of institutions providing special needs education (Saudi Arabia)
A - 89.96. Continue efforts to provide educational facilities to persons with special needs (Lebanon)
A - 89.103. Strengthen cooperation with the international community and organizations including the United Nations Children's Fund (UNICEF), OHCHR and ILO with a view to building capacity and getting technical advice and assistance on matters related to addressing trafficking in persons (Malaysia)
The following recommendations are pending or no clear decision was taken:
P - 90.15. Continue to take concrete steps to improve the rights of women and children, including through ratification of the Optional Protocol to CEDAW and addressing the concerns of the Committee on the Rights of the Child (United Kingdom)
P - 90.16. Consider accession to the remaining core international human rights instruments and withdrawing existing reservations to CEDAW and CRC (Brazil)
P - 90.37. Continue its efforts to prevent acts of domestic violence, of which women and children are the principal victims, ensuring that these acts are penalized and that their perpetrators be prosecuted systematically (France)
P - 90.41. Increase the minimum age of criminal responsibility contained in the Law of the Child in accordance with international human rights norms to ensure the protection of the rights of all children (Canada)
The following recommendations were rejected:
R - 91.2. Deepen its efforts to eliminate discrimination against women and respect the rights of the child by reforming the Nationality Law to enable Omani mothers to transmit their nationality to their children, regardless of the nationality of their father (France)