Human Rights Council
Working Group on the Universal Periodic Review Tenth session
Geneva, 24 January–4 February 2011
National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1 Oman *
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General
18 November 2010
Original: English
I. Introduction
1. At the heart of the United Nations and at the core of its very foundation is the human person.
2. With a culture deeply rooted in the values of peace, tolerance and justice, the Sultanate of Oman accords all priority and full respect to human dignity.
3. Oman views the Universal Periodic Review as an opportunity. It is a constructive mechanism that allows states to review, at regular intervals, the progress they have made in protecting and promoting human rights. Furthermore, the outcome of the UPR provides the state under review the opportunity to utilize the input and recommendations made by fellow member states to enrich a forward looking and evolving plan of action, in tandem with the development aspirations of the country concerned.
4. As evidenced in its report, the Sultanate of Oman has managed in a relatively short time to establish the legal infrastructure required at the national level to instill human rights principles in its national legislation and institutions. Oman continues to develop and ensure the highest standards possible in protecting and promoting human rights by drawing upon its social and cultural values, availing itself of the experience and best practices of member states and making good use of the technical expertise of the Office of the High Commissioner for Human Rights in capacity building.
II. Methodology and consultation process for preparing the report
5. In preparation for its Universal Periodic Review, the Omani Council of Ministers established a committee to steer the process of drafting the report. This committee was headed by His Excellency Yusuf bin Alawi bin Abdulla, Minister Responsible for Foreign Affairs. The committee was composed of 10 ministries and governmental bodies. It laid down the general guidelines for the drafting of the report and established a working group to carry forward this work.
6. As a first step, a workshop on the UPR mechanism was held in cooperation with the Office of the High Commissioner for Human Rights on 17–18 May 2010. This workshop was attended by 75 participants, representing 25 ministries, governmental bodies and national associations. The workshop benefitted from the expertise of the OHCHR as well as from the experience of a former State under Review.
7. Subsequently, the Ministry of Foreign Affairs took the lead role in drafting the national report. In doing so, it sought input from a range of ministries including the Ministry of Civil Service, Ministry of Education, Ministry of Health, Ministry of Information, Ministry of Interior, Ministry of Justice, Ministry of Legal Affairs, Ministry of Manpower, Ministry of Social Development and the Royal Oman Police.
8. In the spirit of transparency – encouraging NGOs and associations to participate and
contribute their views directly – the Ministry of Foreign Affairs, in conjunction with the
Omani National Human Rights Commission, organised a stakeholders’ workshop on 26
June 2010. The purpose of this workshop was to convey the importance of the participation
of NGOs and associations in the UPR process and encourage their input to the national
report. Thirty NGOs and associations participated, including the Omani Women’s
Association, the Journalist’s Association, the Lawyer’s Association, the Oman Association
for the Disabled, various children associations and the Writer’s Association.
9. In an attempt to disseminate knowledge on human rights in Oman and also inform the wider public about the UPR, the press was welcomed to attend and report on all stages of the drafting of the UPR, including the workshops.
10. This high priority given to human rights represents the Omani government’s seriousness and commitment to the UPR process and to the continued advancement of human rights as a whole.
III. Institutional basis for the promotion and protection of human rights
A. Institutional basis for human rights
11. His Majesty Sultan Qaboos bin Said is the Head of State and the Supreme Commander of the Armed Forces. He is the symbol of national unity and the guardian of its preservation and protection.
12. The executive, legislative, and judicial arms of the State work closely in promoting and protecting human rights. The Council of Ministers and Specialized Councils form the executive arm of government. They are entrusted with the formulation and implementation of the general policy of the State and the proposal of draft laws and decrees. The Council of Oman consists of the Shura Council, composed of elected members, and the State Council, composed of appointed members, is entrusted with reviewing draft laws. The judiciary is composed of a system of courts. The Supreme Court functions as the highest court of the land and has the role of ensuring consistency in the application and interpretation of laws, and overseeing its correct application. The Administrative Court hears administrative disputes and reviews decisions taken by government authorities. It has the authority to abrogate decisions taken by government authorities and grant compensation. The Supreme Judiciary Council, headed by His Majesty, serves as the guarantor of the independence of the judiciary.
B. The basic statute of the state
13. The primary human rights legislation in the Sultanate is the Basic Statute of the State (promulgated by Royal Decree 101/96), and is appended in full as Appendix 1 to this report.
14. A range of human rights are protected in the constitution, particularly within its Social Principles, Cultural Principles and chapter on Public Rights and Duties.
15. Its main human rights provisions can be summarized as follows:
GENERAL PRINCIPLES
Rule in the Sultanate shall be based on justice, shura (consultation) and equality (Art. 9) Citizens shall have the right to participate in public affairs (Art. 9)
The State is committed to establishing a sound administrative system that guarantees justice, tranquility and equality for citizens, ensures respect for public order and safeguards the higher interests of the country (Art. 10)
Justice, equality and equality of opportunity between Omanis are the pillars of society,
guaranteed by the State (Art. 12)
All citizens are equal before the Law, and they are equal in public rights and duties. There is no discrimination between them on the grounds of gender, origin, colour, language, religion, sect, domicile or social status. (Art. 17)
RIGHT TO HEALTH
The State guarantees assistance for the citizen and his/her family in cases of emergency, sickness, incapacity and old age in accordance with the social security system (Art. 12) The State cares for public health and endeavours to provide health care for every citizen (Art. 12)
RIGHT TO EDUCATION
Education is a fundamental element for the progress of society which the State fosters and endeavours to make available to all. Education aims to raise and develop general cultural standards, promote scientific thought, kindle the spirit of enquiry, meet the needs of the economic and social plans, and create a generation strong in body and moral fiber. The State provides public education and works to combat illiteracy (Art. 13)
RIGHT TO WORK
The State enacts laws to protect the employee and the employer. Every citizen has the right to engage in the work of his/her choice. No work may be forced on a person and citizens are considered equal in taking up public employment according to the provisions of the Law (Art. 12)
RIGHT TO NATIONALITY
Nationality is regulated by the Law. It may not be forfeited or withdrawn except within the limits of the Law. It is not permitted to deport or exile citizens, or prevent them from returning to the Sultanate (Arts. 15 & 16)
ADMINISTRATION OF JUSTICE
Personal freedom is guaranteed in accordance with the Law. No person may be arrested, searched, detained or imprisoned, or have his/her residence or movement curtailed except in accordance with the provisions of the Law (Art. 18)
An accused person is innocent until proven guilty in a legal trial which ensures him/her the essential guarantees to exercise his/her right of defence according to the Law (Art. 22) The accused has the right to appoint a person who has the ability to defend him/her during the trial. The Law defines the cases where the appearance of a defence lawyer on behalf of the accused is imperative, and ensures for those financially unable the means to seek judicial redress and defend their rights (Art. 23)
Anyone who is arrested shall be notified of the causes of his/her arrest immediately and he/she shall have the right to contact whoever he/she sees fit, to inform them of what has taken place or seek their assistance. He/She must be informed promptly of the charges against him/her, and has the right to petition the court against the action restricting his/her personal freedom (Art. 24)
The right to litigation is sacrosanct and guaranteed to all people (Art. 25)
FREEDOM OF OPINION AND EXPRESSION
Freedom of opinion and expression, whether spoken, written or in other form, is guaranteed within the limits of the Law. Freedom of postal, telegraphic, telephonic and other forms of communication is protected and their confidentiality is guaranteed within the limits of the Law. Freedom of the press, printing and publication is guaranteed within the limits of the Law (Arts. 29, 30 & 31)
OTHER RIGHTS