Oman - Country baselines under the ILO Declaration Annual Review (2000-2008): Elimination of discrimination in respect of employment and occupation (DISC)
COUNTRY BASELINES UNDER THE ILO DECLARATION ANNUAL REVIEW (2000-2008)1: OMAN |
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REPORTING |
Fulfillment of Government’s reporting obligations |
YES, except for the 2000 Annual Review (AR) | |
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Involvement of Employers’ and Workers’ organizations in the reporting process |
YES, according to the Government: Involvement of the Omani Chamber of Commerce and Industry (OCCI), The General Federation of Oman Trade Unions (GFOTU) and the Board of Employers’ and Workers’ Organizations (the Oman Oil Company; Khimji Ramdas, Oman Oil Company, Ahmed and Mohammed Khunji, W.J. Towel and Baqir Salman) through communication of Government reports and tripartite meetings on reporting issues. | ||
OBSERVATIONS BY THE SOCIAL PARTNERS |
Employers’ organizations |
2007 AR: Observations by the OCCI. | |
Workers’ organizations |
2008 AR: Observations by the General Federation of Oman Trade Unions (GFOTU) that substituted the Main Omani Workers’ Committee (MOWC). 2007 AR: Observations by the MOWC. 2006 AR: Observations submitted by the Main Omani Workers’ Committee. | ||
EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT |
Ratification |
Ratification status |
Oman has ratified neither the Equal Remuneration Convention, 1951 (No. 100) (C.100), nor the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (C.111). |
Ratification intention |
2008 AR: The Government reiterated its support to the ratification of C.100 and C.111 and added that once national labour laws come in line with international standards, the process of ratification will be initiated. The GFOTU expressed its support to the ratification of C.100 and C.111. 2007 AR: The Government, the OCCI and the MOWC mentioned the need for tripartite discussions and ILO support for ratification of all ILO Fundamental Conventions by Oman. | ||
Recognition of the principle and right (prospect(s), means of action, basic legal provisions) |
Constitution |
2007 AR: According to the Government: Article 17 of the Basic Law stipulates «All citizens are equal before the law, and they are equal in public rights and duties. There shall be no discrimination between them on the grounds of gender, origin, colour, language, religion, sect, domicile, or social status.» Articles 18, 25, 26, 28, 29, 30, 31, 32, 33, and 34 of the said law include the same concept about discrimination. | |
Policy, legislation and/or regulations |
Policy 2005 AR: The Labour Ministry has developed the SANAD Programme to provide employment opportunities for young persons and to encourage initiatives for self-employment. 2004 AR: According to the Government: Following the adoption of the new Omani Labour Law in 2003 and its amendments, a series of activities have been implemented in line with the Declaration on Fundamental Principles and Rights at Work. Legislation: The Labour Law, 2003 and its amendments. Regulations: Ministerial Order No. 19/74. | ||
Basic legal provisions |
According to the Government: The Basic Law (articles 12, 17. 18, 25, 26, 28-34); the Labour Law, 1973; Ministerial Order No. 19/74. | ||
Grounds of discrimination |
2003-2004 ARs: According to the Government: Discrimination in respect of employment and occupation is prohibited on grounds of race, colour, sex, religion, political opinion, national extraction. | ||
Judicial decisions |
2007 AR: According to the Government: Judicial decisions are made by independent courts and are regulated by articles 59-71 of the Basic Law. | ||
EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT |
Exercise of the principle and right |
Special attention to particular situations |
2001 AR: According to the Government: Women and handicapped persons. |
Information/Data collection and dissemination |
2007 AR: According to the Government: The Department of Labour Affairs in the Ministry of Manpower collects data on the issue of PR. | ||
Prevention/Monitoring, enforcement and sanctions mechanisms |
2001-2002 ARs: According to the Government: Prevention/monitoring and sanctions are implemented through the Basic Statute of the State, laws and regulations for the realization of the principle and right (PR). | ||
Involvement of the social partners |
2008 AR: The GFOTU indicated that it also reviewed Ministerial Resolution concerning minimum wages for workers in the private sector. 2003 AR: According to the Government: Employers' and workers' organizations have been involved in the development and implementation of governmental measures in relation to the PR, including the revision of the 2003 Labour Law. | ||
Promotional activities |
Institutions to promote equality |
2008 AR: The GFOTU indicated that it participated in a number of tripartite activities organized by the Arab Labour Organization (ALO). 2007 AR: According to the Government: The Ministry of Manpower. | |
Other activities |
2008 AR: The Government indicated that several tripartite seminars and trainings have been organized in collaboration with ILO, in particular the 5th Regional Seminar on ILO Declaration on Fundamental Principles and Rights at Work (FPRW). 2007 AR: The Government, the OCCI and the MOWC referred to their participation in the Fourth ILO/Gulf Cooperation Council (GCC) Regional Workshop on the ILO Declaration and International Labour Standards (ILS) held in Kuwait City in April 2006. Moreover, tripartite activities were organized in Oman with the support of the Arab Labour Organization (ALO). 2005 AR: According to the Government: (i) training and awareness programme related to the PR, (ii) dissemination of the new Omani Labour Law and its provisions, including on discrimination in employment, (iii) various activities of the Ministry of Manpower such as the organization of training programmes and symposia, and publication of public information pamphlets, including on women’s employment, work practices and the publication a manual on small project management in 2004. | ||
Special initiatives/Progress |
2005 AR: According to the Government: Publication of public information pamphlets, including on women’s employment and work practices. | ||
CHALLENGES IN REALIZING THE PRINCIPLE AND RIGHT |
According to the social partners |
Employers’ organizations |
2007 AR: The OCCI mentioned its lack of capacity building and training on the ILO Declaration and its follow-up. |
Workers’ organizations |
2007 AR: The MOWC also mentioned its lack of capacity building and training on the ILO Declaration and its follow-up. | ||
According to the Government |
2008 AR: The Government indicated that it had not encountered serious challenges in realizing the PR. 2007 AR: According to the Government: Further awareness programmes are required. | ||
TECHNICAL COOPERATION |
Request |
2008 AR: The Government reiterated the same requests mentioned in the 2007 AR. According to the GFOTU: ILO technical support is needed for the elaboration of workshops and seminars to raise awareness on the trade union’s role in promoting equality at work and other ILO FPRW. 2007 AR: According to the Government, the OCCI and the MOWC: ILO technical cooperation would be needed to organize in Oman a national tripartite workshop on International Labour Standards (ILS) and the ILO Declaration. Moreover, employers’ and workers’ organizations need special training on their roles in the Declaration’s Follow-up. The Government stated that there should be continuous dialogue between the Ministry of Manpower, the ILO and the social partners. 2006 AR: According to the Main Omani Workers’ Committee: ILO technical cooperation would be necessary in establishing Workers’ Committees and raising awareness on their role in promoting the PR and other ILO Fundamental Principles and Rights at Work (FPRW) in Oman. | |
Offer |
ILO (Decent Work Country Programme (2004-2005) ILO/GCC Joint Plan of Activities; ALO. | ||
EXPERT-ADVISERS’ OBSERVATIONS/ RECOMMENDATIONS |
2008 AR: The ILO Declaration Expert-Advisers (IDEAs) observed that the Annual Review had made it possible to highlight and follow up country situations that required greater attention, and that some countries, such as the Gulf States (as well as China and new member States, in particular in the South Pacific), had made important efforts during this process. However, according to them, more needed to be done. The IDEAs noted the intentions expressed by most governments, including the Government of Oman, to ratify or consider ratification of Conventions Nos.100 and/or 111. They encouraged the governments to accelerate this process so as to make an important step forward towards universal ratification (Cf. Paragraphs 12 and 66 of the 2008 Annual Review Introduction – ILO: GB.301/3). 2005 AR: The IDEAs noted with interest the continuing efforts made by the countries of the Gulf Cooperation Council (Cf. Paragraph 148 of the 2005 Annual Review Introduction – ILO: GB.292/4). 2004 AR: The IDEAs noted that the GCC States had been providing more information on freedom of association and the right to collective bargaining, but not enough on the other three PRs. This would help to illustrate the link between all four PRs (Cf. Paragraph 85 of the 2004 Annual Review Introduction – ILO: GB.289/4). 2003 AR: The IDEAs commended Oman and other GCC States for their continuing dialogue with the Office through the annual review process (Cf. Paragraph 4 of the 2003 Annual Review Introduction – ILO: GB.286/4). 2002 AR: The IDEAs acknowledged the high-level dialogue and agreement on a plan of activities between the Office and the GCC Governments, including Qatar (Cf. Paragraph 82 of the 2002 Annual Review Introduction – ILO: GB.283/3/1). 2001 AR: The IDEAs hoped in particular that the governments of GCC countries would continue a dialogue with the Office regarding the ways in which respect for fundamental principles and rights at work and positive changes could be achieved through technical cooperation (Cf. Paragraph 77 of the 2001Annual Review Introduction – ILO: GB.280/3/1). | ||
GOVERNING BODY OBSERVATIONS RECOMMENDATIONS |
NIL |
1 Country baselines under the ILO Declaration Annual Review are based on the following elements to the extent they are available: information provided by the Government under the Declaration Annual Review, observations by employers’ and workers’ organizations, case studies prepared under the auspices of the country and the ILO, and observations/recommendations by the ILO Declaration Expert-Advisers and by the ILO Governing Body. For any further information on the realization of this principle and right in a given country, in relation with a ratified Convention, please see: www.ilo.org/ilolex