Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 2, paragraph 3, of the Convention. Compulsory education. The Committee previously noted that basic education in Oman is of a ten-year duration, and is normally completed between the ages of 6 and 16 years of age. The Committee observed that education, though it is provided free of charge, is not compulsory. The Committee requested the Government to indicate whether it intended to adopt legislation which would fix the age of completion of compulsory schooling at 15 years (the minimum age for the admission to employment), and to provide updated statistical data on school attendance and drop-out rates. The Committee notes the information in the Government’s report that drop-out rates are less than 0.5 per cent for grades 1 to 6, and less than 1.3 per cent for grades 7 to 9. The Committee also notes the Government’s indication that the drop-out rate for secondary education is approximately 4 per cent. The Committee further notes that the Ministry of Education has undertaken several measures to develop an efficient public education system, including a focus on literacy in early grades, efforts to reduce the repetition of grades, and the preparation of a programme for students with learning difficulties.

However, the Committee notes the information in the UNESCO report entitled Education For All – Global Monitoring Report 2009 (UNESCO EFA report) that in primary education, there has been a decrease in both the gross intake rate (from 87 per cent in 1999 to 76 per cent in 2006) and the net intake rate (from 70 per cent in 1999 to 54 per cent in 2006). The UNESCO EFA report also indicates that the gross enrolment rate has decreased from 91 per cent in 1999 to 82 per cent in 2006. The Committee also notes that the total number of children out of school has risen, from 61,000 children in 1999 to 82,000 children in 2006. The Committee further notes that the Committee on the Rights of the Child (CRC), in its 29 September 2006 concluding observations, 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 considers that compulsory schooling is one of the most effective means of combating child labour. In addition, the Committee emphasizes the importance of linking the age of admission to employment to the age limit for compulsory education. If the age of completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). Noting that the minimum age for admission to employment (15 years of age) appears to be less than the age of completion of basic education (16 years of age), the Committee encourages the Government to take the necessary measures to raise the minimum age for admission to employment, in order to link it with the age of completion of basic education. Furthermore, noting the declining intake rates in primary education, and the rising number of children who do not attend school, the Committee urges the Government to take the necessary measures to implement compulsory education, up to the minimum age for admission to employment.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. In its previous comments, the Committee noted the establishment of a joint occupational safety and health committee (OSH committee) composed of representatives of the Ministries of Health and Manpower, whose aim is to regulate the employment of young persons and identify the tasks, occupations and industries in which they are employed, in accordance with sections 75–79 of the Labour Code. The Committee noted that the OSH committee had determined a provisional list of 43 hazardous occupations, types of work and industries prohibited for juveniles under the age of 18 years, and was in the process of reviewing this list. The Committee requested the Government to keep it informed on the adoption of this list of prohibited types of hazardous work for persons under 18 years of age. The Committee notes the information in the Government’s report that it is currently preparing a new list of hazardous occupations, in consultation with the social partners, following the establishment of the Confederation of the Workers of the Sultanate of Oman. The Committee firmly hopes that this list, determining the types of hazardous work prohibited for children under 18 years of age, will be adopted as soon as possible, in conformity with Article 3(1) and (2), of the Convention. It requests the Government to provide a copy of this list, once adopted.

Article 6. Apprenticeship and vocational training. The Committee previously requested the Government to provide information on the minimum age for entering an apprenticeship programme. The Committee notes that, pursuant to chapter 2, section 43, of the Ministerial Decree No. 429 of 16 September 2008 concerning the regulation of vocational training centres, the registration of persons under 15 years of age in vocational training centres is prohibited.

Parts III and V of the report form. Labour Inspection and practical application of the Convention. The Committee notes the Government’s statement that a review of registers of inspection teams at the public department for workers’ welfare at the Ministry of Manpower indicated that no cases of the employment of children under the specified minimum age were detected, as of 31 August 2009. The Committee notes 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 requests the Government to indicate any measures, taken or envisaged, to strengthen the functioning 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, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.