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TITLE:  OMAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                              OMAN


The Sultanate of Oman is a monarchy which has been ruled by the
Al Bu Sa'id family since the middle of the 18th century.  It
has no political parties or elected representative
institutions.  The current sultan is Qaboos Bin Sa'id Al Sa'id
who acceded in 1970.  Although the Sultan retains firm control
over all important policy issues, he has brought tribal leaders
and other notables into the Government.  Much decisionmaking is
by consensus among these leaders according to longstanding
tradition.  In 1991 the Sultan established a 59-seat
Consultative Council, or Majlis Ash-Shura, which replaced an
older advisory body.  Council members are selected from lists
of nominees proposed by each of the 59 wilayats (regions).
After the country's first national census in 1993, the Sultan
expanded the membership of the new Council to 80 seats.  The
Council has no formal legislative powers, but may question
government ministers and recommend changes to new laws on
economic and social policy.

The entire security apparatus falls under the authority of the
Ministry of Palace Office Affairs which coordinates all
intelligence and security policies.  The internal security
service investigates all matters related to internal security.
The Royal Oman Police performs regular police duties, provides
security at airports, acts as immigration officials, and
maintains a small coast guard.  There were no confirmed reports
indicating that these agencies were involved in human rights
abuses in 1994.

Since 1970, Oman has used its modest oil revenue to make
impressive economic progress and improve public access to
health care, education and social services.  The Government
seeks to diversify the economy and stimulate private investment.

The Government continues to restrict or deny important human
rights.  In 1994 the Government detained 200 people in
connection with an alleged plot to destabilize the country.
The Government charged 131 of these suspects with sedition and
tried them in secret before the State Security Court.  The
detentions and secret trials raised serious questions about
freedom from arbitrary arrest and the right to due process.
Other human rights restrictions included infringements on the
freedoms of expression and association.  The Government does
not guarantee full rights for workers and women.  As a
practical matter, the people do not have the right to change
their government.

Nonetheless, the Government took several steps in 1994 to
address human rights concerns.  It increased the number of
seats on the Consultative Council and allowed women to take
part in nominations for Council members.  In November the
Government selected two women to serve on the Council.  The
Government also joined the International Labor Organization
(ILO) and began to draft a new labor law that addresses worker
rights.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or extrajudicial killing.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

There were no confirmed reports of torture.  However, there
were unconfirmed reports that security forces physically
mistreated an undetermined number of persons arrested for
subversion.  These reports were not confirmed.

The Government severely restricts access to prisons.  However,
prison conditions reportedly meet internationally recognized
minimum standards.

     d.  Arbitrary Arrest, Detention, or Exile

In general the police obtain warrants prior to making arrests
but are not required by law to do so.  The authorities must
obtain court orders to hold suspects in pretrial detention.
Within 24 hours of arrest, the police are required to file
charges or ask a magistrate judge to order continued
detention.  The police do not always follow these procedures,
and in one confirmed case in 1994 an individual was detained
for more than 72 hours without charge.  Judges may order
detentions for 14 days to allow investigation and may grant
extensions if necessary.  There is a system of bail.

The police do not routinely notify a detainee's family or in
the case of a foreign worker, the worker's sponsor of the
detention.  The authorities post a list of persons scheduled
for trial near the magistrate court building in Muscat.  While
there were no reports of incommunicado detention in 1994, the
police do not always permit attorneys and family members to
visit detainees.  Judges occasionally intercede to ensure that
security officials allow such visits.

In May, June, and September, security forces detained at least
200 persons, and questioned at least a hundred more, for their
alleged membership in a subversive group.  The Government later
tried 131 of the detainees for conspiracy to subvert national
unity and security and the misuse of Islam (see Section 1.e.).
The authorities stated that the police obtained the necessary
court orders for the detentions and that formal charges were
brought as quickly as possible.  However, the lack of public
information about the cases has raised questions about the
possible arbitrary nature of the arrests and detentions--and
the fairness of the trials.  In December the authorities
announced that family members and friends may visit the
prisoners, but had earlier denied such visits.

The Government does not practice exile as a form of punishment.

     e.  Denial of Fair Public Trial

The judicial system does not always ensure fair trials based on
internationally accepted norms.  The judiciary comprises the
magistrate courts, which adjudicate misdemeanors and criminal
matters; the Islamic, or Shari'a, courts, which adjudicate
personal status cases such as divorce and inheritance; the
Authority for the Settlement of Commercial Disputes (ASCD); the
Labor Welfare Board; and the Real Estate Committee, which hears
tenant-landlord disputes.  A State Security Court tries cases
involving national security.  Although it is administratively
distinct from the other courts, magistrate court judges have
presided over trials in the State Security Court.

The various courts are subordinate to the Sultan and subject to
his influence.  The Sultan appoints all judges, acts as a court
of final appeal, and intercedes in cases of particular
interest, especially in national security cases.  However,
there have been no reported instances in which the Sultan has
overturned a decision of the ASCD or the magistrate courts.

The Criminal Code does not specify the rights of the accused.
There are no written rules of evidence, or codified procedures
for entering cases into the criminal system, or any legal
provision for a public trial.  Criminal procedures have
developed by tradition and precedents in the magistrate
courts.  In criminal cases, the police provide defendants with
the written charges against them, defendants are presumed
innocent, and have the right to present evidence and confront
witnesses.  The prosecution and the defense question witnesses
through the judge, who is usually the only person to question
witnesses in court.

There are no jury trials:  a single judge tries misdemeanors; a
panel of three judges tries felonies and security offenses.
Magistrate court judges must be citizens.  Public prosecutors
are senior police officers.  They may bring additional charges
after defense attorneys have inspected the charge sheet or
during trial.

A detainee may hire an attorney but has no explicit right to be
represented by counsel.  The Government does not pay for the
legal representation of indigents.  Judges often pronounce the
verdict and sentence within 1 day after the completion of a
trial.  Defendants may appeal jail sentences longer than 3
months and fines over the equivalent of $1,300 to a three-judge
panel.  Defendants accused of national security offenses and
serious felonies do not have the right of appeal.  Death
sentences, which are rare, require the Sultan's approval.

The Government tried 131 persons for subversion in secret
before the State Security Court, which issued verdicts on
November 12 (see Section 1.d.).  The Court sentenced two
defendants to death and the others from 3 to 15 years in
prison.  The Sultan later commuted the death sentences to
prison terms.  The defendants did not receive a fair trial by
international norms.

There are no known political prisoners.  However, the secrecy
of the subversion trials prevents any independent assessment of
the Government's assertion that the defendants were actual
subversives found guilty of plotting to destabilize the country.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The police are not required by law to obtain search warrants.
There is a widespread belief that the Government eavesdrops on
both oral and written communications, and Omanis are guarded in
both areas.  Citizens must obtain permission from the Ministry
of Interior to marry foreigners.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

There is no legal protection for free speech or press.  The law
prohibits any criticism of the Sultan in any form or medium.
The authorities tolerate criticism of government officials and
agencies, but such criticism rarely receives media coverage.

The 1984 Press and Publication Law authorizes the Government to
censor all domestic and imported publications.  Ministry of
Information censors may act against any material regarded as
politically, culturally, or sexually offensive.  However,
journalists and writers generally censor themselves to avoid
government harassment.  Editorials reflect the Government's
views, although the authorities tolerate some criticism on
foreign issues.  The Government discourages in-depth reporting
on controversial domestic issues, and seeks to influence
privately owned dailies and periodicals by subsidizing their
operating costs.  In late August, all four daily newspapers
reported the arrest of the 200 alleged subversives only
once--by publishing the dispatch of the government-owned Oman
News Agency without further comment.

On several occasions in 1994, the Government prohibited the
entry onto the market of several foreign newspapers.  The
authorities prevented distribution of the August 6 edition of
the London-based Arabic daily Al-Hayat, reportedly because it
contained some statements regarded as critical of the Majlis
Ash-Shura, and of the November 7 edition of the Financial
Times, reportedly because it contained an article critical of
the Government's economic policy.  Customs officials sometimes
confiscate video cassette tapes and erase offensive material.
The tapes may or may not be returned to their owners.

The Government controls the local radio and television
companies.  They do not air any politically controversial
material.  The Government does not allow the establishment of
privately owned radio and television companies.  However, the
availability of satellite dishes has made foreign broadcast
information accessible to the public.

The appropriate government authority, such as the Sultan Qaboos
University, the police, or the relevant ministry must approve
cultural events, including plays, concerts, lectures, and
seminars.  Most organizations avoid controversial issues for
fear the authorities may cancel their events.  Academic freedom
is restricted, particularly regarding controversial matters,
including politics.  Professors may be dismissed for going
beyond acceptable boundaries.

     b.  Freedom of Peaceful Assembly and Association

The law does not guarantee freedom of assembly.  The Government
regards all private associations as illegal unless lawfully
registered.  The Ministry of Social Affairs and Labor must
approve the establishment of all associations and their
by-laws.  The Government uses the power to license associations
as the power to control the political environment.  It does not
license groups regarded as a threat to the predominant social
or political views of the Sultanate.

All public gatherings require government sponsorship.  The
authorities do not always enforce this requirement, and
unauthorized gatherings take place without government
approval.  In 1994 the Government increased restrictions on
most types of public gatherings (see Section 2.c.).

     c.  Freedom of Religion

Islam is the state religion.  Most Omanis are Ibadhi or Sunni
Muslims, but there is also a minority of Shi'a Muslims.
Non-Muslims are free to worship at churches and temples built
on land donated by the Sultan.  There are many Christian
denominations which utilize two plots of donated land on which
two Catholic and two Protestant churches have been built.  The
Government prohibits non-Muslims from proselytizing Muslims.
It also prohibits non-Muslim groups from publishing religious
material, although imported printed material may be brought
into the country.  Members of all religions and sects are free
to maintain links with coreligionists abroad and undertake
foreign travel for religious purposes.

The 1994 restrictions on most types of public gatherings
resulted in a substantial curtailment of non-Muslim religious
celebrations.  For example, the authorities did not grant
permission to the Hindu and Zoroastrian communities to
celebrate some of their religious festivals in public.

The police monitor mosque sermons to ensure that the preachers
do not discuss political topics and stay within the
state-approved orthodoxy of Islam.  Security forces reportedly
arrested a mosque preacher in the city of Salalah for his
alleged association with an unauthorized Islamic group.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Government does not restrict travel within the country
except to military areas.  While a man may travel abroad
freely, a woman must have authorization from her husband,
father, or nearest male relative to obtain a passport.

The Government does not have a policy on refugees or a
tradition of harboring stateless or undocumented aliens.  Tight
control over the entry of foreigners into the country has
effectively screened out would-be refugees.  However, in 1994
the Government offered temporary refuge to several thousand
Yemenis displaced by the civil war in Yemen.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Oman is an autocracy in which the Sultan retains the ultimate
authority on all important foreign and domestic issues.  The
country has no formal democratic political institutions, and
its citizens do not have the ability peacefully to change their
leaders or the political system.

There is no constitution, political parties, or elections.
Citizens have indirect access to senior officials through the
traditional practice of petitioning their patrons, usually the
local governor, or wali, for redress of grievances.  Successful
redress depends on the effectiveness of the patron's access to
appropriate decisionmakers.  The Sultan appoints the
governors.  The Sultan makes an annual 3-week tour of the
country, accompanied by his ministers, to listen directly to
his subjects' problems.

In 1991 Sultan Qaboos established a Consultative Council, or
Majlis Ash-Shura.  In 1994 he expanded the number of Council
seats to 80 from the original 59, a move which allocated two
members for districts with a higher population.  The Government
selected the Council members from several nominees elected in
caucuses of prominent persons in each district.  In 1994 four
women were nominated for Council seats; two of them were
selected to serve.

The Council has no formal legislative powers.  The Council is
not an effective check on the Sultan who issues all laws by
decree.  However, it serves as a conduit of information between
the people and the government ministries.  No serving
government official is eligible to be a Council member.  The
Council may question government ministers, review all draft
laws on social and economic policy, and recommend legislative
changes to the Sultan, who makes the final decision.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Government prohibits the establishment of human rights
groups.  The existing restrictions on the freedom of speech and
association do not permit any activity or speech critical of
the Government.  There were no known requests by international
human rights organizations to visit Oman in 1994.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Women face many forms of discrimination.  Most women live their
lives within the confines of the home.  Widespread illiteracy
hampers women's ability to own property, participate in the
modern sector of the economy, or even inform themselves of
their own rights.  Government officials frequently deny women
land grants or housing loans, and prefer to conduct business
with a woman's husband or other male relative.  Many educated
women face job discrimination because prospective employers
fear they might quit to marry or raise families.  Government
grants for study abroad are limited almost exclusively to males.

Many aspects of Islamic tradition also discriminate against
women.  Islamic law favors male heirs in adjudicating
inheritance claims.  Many women are reluctant to take an
inheritance dispute to court for fear of alienating the family.

Some educated women have attained positions of authority in
government, business, and the media.  An estimated 14 percent
of all civil servants are women.  Two women also serve in the
Consultative Council.  In both the public and private sectors,
women are entitled to liberal maternity leave and equal pay for
equal work.  The bureaucracy, the country's largest employer of
women, observes such regulations, as do many private sector
employers.  Women constitute roughly half of the 3,000 students
at the Sultan Qaboos University and are a majority in the
colleges of arts, education, science, business, and Islamic
studies.

There is no evidence of a pattern of spousal abuse but
information is scant and difficult to collect.  Doctors do not
have a legal responsibility to report either spouse or child
abuse cases to the courts.  Battered women may file a complaint
with the police, but more often seek family intervention to
protect them from violent domestic situations.  There have been
reports that employers or male coworkers have sexually harassed
foreign females employed in such positions as domestic servants
and hospital nurses.  Foreign women employed as domestic
servants and garment workers have complained that their
employers have withheld their salaries and that government
officials have been unresponsive to their grievances.

     Children

The Government has made the health, education, and general
welfare of children a budgetary priority.  There is no pattern
of familial or other child abuse.  Communities in the interior
and in the Dhofar region still practice female genital
mutilation.  Experts believe that the number of such cases is
small and declining annually.

     National/Racial/Ethnic Minorities

Citizens of East African origin complain that they frequently
face job discrimination in both the public and private
sectors.  Some public institutions reportedly favor hiring
members of one or another regional, tribal, or religious
group.  However, no group is banned from employment.

     Religious Minorities

Some members of the Shi'a Muslim minority claim they face
discrimination in employment and educational opportunities.

     People with Disabilities

The Government has mandated parking spaces and some ramps for
wheelchair access in private and government office buildings
and shopping centers.  Compliance is voluntary.  Students in
wheelchairs have easy access to Sultan Qaboos University.  The
Government has established several rehabilitation centers for
handicapped children.  Handicapped people, including the blind,
work in government offices.  Free government medical assistance
to all citizens includes physical therapy for the handicapped.

Section 6  Worker Rights

     a.  The Right of Association

In 1994 the Ministry of Social Affairs and Labor drafted a new
labor law, and the Consultative Council recommended some
changes.  Although consensus on the final draft has not yet
been reached, government officials said that the new labor code
will be consistent with international labor standards.  It will
reportedly contain a provision for the establishment of worker
committees in the workplace and remove the prohibition against
strikes.  The current law stipulates that "it is absolutely
forbidden to provoke a strike for any reason."

Labor unrest is rare.  Although strikes are technically
illegal, workers sometimes stage job actions.  In general,
these disputes are settled without police intervention.  In
1994 the Government joined the International Labor
Organization.  The Government received an ILO representative
who provided advice on the draft labor law.

     b.  The Right to Organize and Bargain Collectively

The current law does not provide for the right to collective
bargaining.  It requires that employers of more than 50 workers
form a joint labor-management committee as a communication
forum between the two groups.  The implementation of this
provision is uneven, and the effectiveness of these committees
is questionable.  In general the committees discuss such
questions as living conditions at company-provided housing.
They are not authorized to discuss wages, hours, or conditions
of employment.  Such issues are specified in the work contracts
signed individually by workers and employers and must be
consistent with the guidelines of the Ministry of Social
Affairs and Labor.

The current law defines conditions of employment for some
Omanis and foreign workers.  It covers domestic servants and
construction workers, but not temporary workers or those with
work contracts that expire within 3 months.  Foreign workers
constitute at least 50 percent of the work force and as much as
80 percent of the modern-sector work force.

Work rules must be approved by the Ministry of Social Affairs
and Labor and posted conspicuously in the workplace by
employers of 10 or more workers.  Similarly, any employer with
50 or more workers must establish a grievance procedure.
Regardless of the size of the company, any employee, including
foreign workers, may file a grievance with the Labor Welfare
Board.  Sometimes worker representatives file collective
grievances, but most grievances are filed by individual
workers.  Lower paid workers use the procedure regularly.
Plaintiffs and defendants in such cases may be represented by
legal counsel.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The law prohibits compulsory labor but foreign workers
sometimes find themselves in situations amounting to forced
labor.  In such cases, employers withhold letters of release, a
document releasing the worker from his employment contract,
thus allowing him to switch jobs.  Without the letter, a
foreign worker must continue to work for his current employer
or become technically unemployed--which is sufficient grounds
for deportation.  Many foreign workers are not aware of their
right to take such disputes before the Labor Welfare Board.
Others are reluctant to file complaints for fear of retribution
by unscrupulous employers.  In most cases, the Board releases
the grievant from service and awards compensation for time
worked under compulsion.  Employers face no other penalty than
to reimburse the worker's back wages.

     d.  Minimum Age for Employment of Children

The law prohibits children under the age of 13 from working.
The Ministry of Social Affairs and Labor effectively enforces
this prohibition.  Children between 13 and 16 years of age may
be employed but must obtain the Ministry's permission to work
overtime, at night, on weekends or holidays, or perform
strenuous labor.

     e.  Acceptable Conditions of Work

The Ministry of Social Affairs and Labor issues minimum wage
guidelines for various categories of workers.  The minimum wage
for nonprofessional workers was about $156 a month (60 rials).
Minimum wage guidelines do not cover domestic servants,
farmers, government employees, or workers in small businesses.
Many foreigners work in fields exempt from the minimum wage
statute.  The Government is lax in enforcing minimum wage
guidelines for foreign workers employed in menial jobs.
However, foreign workers with high skills are frequently paid
more than their Omani counterparts.

The minimum wage is sufficient to provide a decent standard of
living for a worker and family.  The compensation for foreign
manual laborers and clerks is sufficient to cover living
expenses and to permit some savings to be sent home.

The private sector workweek is 40 to 45 hours and includes a
rest period from Thursday afternoon through Friday.  Government
officials have a 35-hour workweek.  While the law does not
designate the number of days in a workweek, it requires at
least one 24-hour rest period per week and mandates overtime
pay for hours in excess of 48 per week.  Government regulations
on hours of employment are not always enforced.  Employees who
have worked extra hours without compensation may file a
complaint before the Labor Welfare Board, but the Board's
rulings are not binding.

Every worker has the right to 15 days of annual leave during
the first 3 years of employment and 30 days per year
thereafter.  Employers provide many foreign nationals,
including maids, with annual or biannual round-trip tickets to
their countries of origin.

All employers are required by law to provide first aid
facilities.  Work sites with over 100 employees must have a
nurse.  Employees covered under the Labor Law may recover
compensation for injury or illness sustained on the job through
employer-provided medical insurance.  The health and safety
standard codes are enforced by inspectors from the Department
of Health and Safety of the Directorate of Labor.  As required
by law, they make frequent on-site inspections.

The law states that employers must not to place their employees
in situations involving dangerous work.  However, the law does
not specifically grant a worker the right to remove himself
from dangerous work without jeopardy to his continued
employment.