Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 138) sur l'âge minimum, 1973 - Oman (Ratification: 2005)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification of the Convention, Oman specified 15 years as the applicable minimum age for admission to work or employment. It notes that, by virtue of section 75 of the Labour Code, it is prohibited to employ both male and female juveniles, who are not permitted to enter places of work before attaining the age of 15 years.

Article 2, paragraph 3. Compulsory education. The Committee notes the Government’s information that, according to section 13 of the Basic Statutes, education is a fundamental element for the progress of society, which the State fosters and endeavours to make available to all. According to the Government, education is a unified 12-year system. Basic education is of ten-year duration and free to all citizens. Since the admission age to basic education is 6, children normally finish basic education at 16 years, and complete public secondary education at 18 years. The Committee notes the Government’s information that statistics indicate the rising percentage of persons who are enrolled in basic and public education.

The Committee observes that education, though provided free of charge, is not compulsory. It notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.161 of 6 November 2001, paragraphs 43–44), expressed concern that the primary education is not compulsory. The Committee on the Rights of the Child also expressed its concern at the levels of drop-out and repetition at primary, preparatory and secondary levels, especially among boys. It recommended the State party to ensure that primary education is made compulsory by law and to make greater efforts to address drop-out and repetition rates.

The Committee is of the view that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness. Alternatively, if young persons are legally entitled to work before the end of completion of compulsory schooling, children from poor families might be tempted to drop out of education and work in order to earn money (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). The Committee requests the Government to indicate whether it is envisaged to adopt legislation, which would fix the age of completion of compulsory schooling at 15 years. It also requests the Government to provide updated statistical data on school attendance and drop-out rates in its next report.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 75 of the Labour Code, the Minister may raise the minimum age of 15 years for admission to employment in some industries and types of work. It notes that, according to section 76 of the Labour Code, a young person (between 15 and 18 years) shall not be employed from 6 p.m. to 6 a.m. Furthermore, section 77 prohibits young persons from working overtime and working on rest days and on official holidays. Section 79 of the Labour Code states that, whilst observing the provisions related to the employment of young persons between 15 and 18 years (sections 76–78), the conditions and circumstances under which such employment shall be undertaken, the occupations, tasks and activities in which they may be employed in accordance with their age groups, shall be regulated by virtue of ministerial orders. The Committee notes the Government’s information that the Ministry issued Order No. 380 of 2003 which sets up 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 notes the Government’s information under Convention No. 182 (2006) that the OSH committee has determined a provisional list of 43 hazardous occupations, types of work and industries prohibited for juveniles under the age of 18 years, which is in the process of being reviewed by it. The Committee requests the Government to keep it informed on the adoption of the list of hazardous occupations prohibited to children under 18 years of age and to supply a copy of this list as soon as it has been adopted.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes the Government’s information that, at time of ratification, it did not exclude from the application of the Convention any categories of employment or work.

Article 6. Apprenticeship and vocational training. The Committee notes the Government’s information that there is no decision by the competent authority which authorizes the employment of children and young persons outside the scope of the Labour Code. Enrolling children in any programme, educational session, or training, is done in accordance with school curricula, whose responsibility lies with the school or training institution. The Committee notes that, according to the Government’s information, it seems that the relevant legislation does not authorize apprenticeship programmes for children from the age of 14 years. It requests the Government to clarify whether apprenticeship is regulated by the relevant law. If so, it requests the Government to provide information on the minimum age for entering an apprenticeship programme.

Article 7. Light work. The Committee notes the Government’s information that the laws currently in force do not authorize the employment of children under the age of 15 years. However, based on current tradition, some students help out their parents during the summer holidays either on plantations, or in light work, without remuneration, so as to spend some of their leisure time learning the profession of their parents.

Article 8. Artistic performances. The Committee notes the Government’s information that the participation of children in artistic performances is set within a specific framework i.e. their participation in national festivals, or on occasions celebrated by the school. This is a voluntary and not a mandatory participation, which falls within the school’s activities.

Article 9, paragraph 1. Penalties. The Committee notes that, according to section 118 of the Labour Code, any person who violates the provisions related to the employment of children under Chapter V shall be liable to a fine of 100 riyal (approximately US$260). In case of a second violation committed in the same year he/she shall be liable to the above fine along with imprisonment for not more than a week.

Article 9, paragraph 3. Keeping of registers. The Committee notes that, by virtue of section 78 of the Labour Code, an employer employing one or more young persons, shall prepare a list showing the names of the young persons employed, indicating their ages and dates of their employment. The employer shall also furnish the concerned directorate with the names of those young persons before their employment and the names of those employed to supervise their work.

Part III of the report form. Labour inspectorate. The Committee notes that section 90 of the Labour Code provides for the appointment of labour inspectors to ensure the standards and conditions and safety of workers. Labour inspectors are authorized to enter workplaces, require the production of registers or documents, ask for any necessary information from a worker, and prepare a report to be presented to the competent authority.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, according to recent statistics, child labour has decreased in comparison with the statistics of
1999–2001 (which indicated 53 cases of child labour). The receding phenomenon is due to the improved economic and living conditions (according to statistics, per capita income increased during 2002–05 at an annual rate of 14.9 per cent), and the dissuasive laws on child labour in Oman. In fact, the improvement in the economic conditions is considered as one of the most important factors in the reduction of child labour in the Sultanate. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied, 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.