Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Oman (Ratification: 2005)

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. Following its previous comments, the Committee notes the Government’s reference, in its report, to section 35 of the Basic Statute of the State, guaranteeing freedom of opinion and expression through speech, writing and all other means of expression, within the limits of the law. The Committee notes with regret that the Government has not provided information on the application of several provisions of the national legislation allowing for the imposition of penalties of imprisonment in circumstances covered by Article 1(a) of the Convention. The Committee recalls in this regard that, under section 15 of the Prisons Act (Decree No. 48 of July 1998), penalties of imprisonment involve the obligation to work. These provisions include:

• the Law on publication and printing (Royal Decree No. 84/49 of 26 May 1984) prohibits publications that harm the Sultan or Royal family, threaten the regime, oppose Islamic principles (section 25), damage the national currency, or create confusion about the economy (section 27). It also forbids publishing information without prior authorization from the Ministry of Information (section 33). Violators face up to two years of imprisonment (section 36).
• sections 5 and 54 of the Law on private associations (Royal Decree No. 14/2000) prohibit the formation of associations or parties for political or religious purposes. Those participating in activities beyond the association’s purpose face up to six months of imprisonment.
• section 61 of the Law on telecommunications (Royal Decree No. 30 of 12 March 2002) provides for penalties of imprisonment for up to one year (doubled for repeat offences) for anyone using telecommunications to send messages that disrupt public order, violate morals, or harm others with false information.
• section 19 of the Cybercrime Law (Royal Decree No 12/2011) provides for imprisonment of one month to three years for using information networks or technology facilities to produce, publish or distribute anything that might prejudice the public order or religious values.

The Committee further takes note of several provisions of the Penal Law, promulgated by Royal Decree No. 7/2018 (as amended by Royal Decree No. 68/2022) pursuant to which prison sentences may be imposed in circumstances covered by Article 1(a) of the Convention, in particular:

• section 97 provides for a penalty of imprisonment ranging from three to seven years for publicly or through publication appealing against the Sultan’s rights or authority, or publicly defaming his wife, the Crown Prince, or his other children.
• section 115 provides for imprisonment of three months to three years for broadcasting or publishing false or malicious news, data, rumours or propaganda that undermines the State or weakens confidence in its financial market. The same applies to possessing, obtaining or transporting such materials.
• section 116 provides for imprisonment of three to ten years for anyone who founds, organizes, manages or funds an entity that opposes the political, economic, social or security principles of the State. Joining such entities is punishable by one to three years of imprisonment.
• sections 121 and 123 provide for a penalty of imprisonment of three months to one year for participating in a public gathering of ten or more people that threatens security. Those who call for or incite such gatherings face imprisonment of three to six months.
• section 248 makes punishable by imprisonment of six months to three years the act of publicly disregarding the respect due to the judiciary in a manner that challenges its integrity.

The Committee observes that the provisions above either prohibit certain activities through which citizens can express political views or views ideologically opposed to the established system, or are worded in terms broad enough to lend themselves to an interpretation and application that could be incompatible with Article 1(a), in so far as they could be used as a means of punishment for peacefully expressing political views through the imposition of sanctions of imprisonment involving compulsory labour. In this regard, the Committee notes that when Royal Decree No. 7/2018 was enacted, the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression expressed “serious concern that Royal Decree No. 7/2018 in its current form uses overly broad terms that lack sufficiently clear definitions and permits authorities to severely criminalize expression. This allows authorities unbound discretion to punish public expression of any kind, which could lead to the institutionalization of violations of the fundamental rights to freedom of expression for individuals, in particular activists, human rights defenders or journalists” (Special Rapporteur communication to the Government of Oman dated 26 March 2018).

The Committee requests the Government to ensure that the above-mentioned legal provisions of the Law on publication and printing (Royal Decree No. 84/49 of 26 May 1984), Law on private associations (Royal Decree No. 14/2000), Law on telecommunications (Royal Decree No. 30 of 12 March 2002), Cybercrime Law (Royal Decree No. 12/2011) and Penal Law (Royal Decree No. 7/2018), are not used to punish persons who express political views or in a peaceful manner oppose the established political, social or economic system, with penalties involving compulsory labour. In this regard, the Committee requests the Government to provide information on the application of the above-mentioned provisions in practice, including on the number of prosecutions, convictions and penalties imposed, as well as on the facts that led to the imposition of convictions.