18 March 2016

Oman does not make great commitments to improve its human rights situation

Members of Oman delegation are sitting in front of the sign indicating the name of the country The human rights situation in Oman was reviewed on 5 November 2015 by the United Nations Member States, in the context of the country’s second Universal Periodic Review (UPR) – an interactive discussion between the State under review and other UN Member States which takes place every four years. During the review, the UN Member States made 233 recommendations to Oman in order to improve the human rights situation in the country, most of which were based on concerns raised by NGOs, including Alkarama in its report. Last week, Oman presented its views on the recommendations received, accepting in its integrity or partially 169 recommendations, noting 28 and rejecting 36.

Disrespect for fundamental rights and freedoms

Oman continuously represses peaceful demonstrators, human rights activists, journalists and bloggers who publicly criticise government policies. Furthermore, Omani laws impose strict limitations on the freedom of peaceful assembly and association, as well as on the freedom of opinion and expression, as mentioned by Alkarama in its report and also by the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association (SR FPAA), Maina Kiai, following a visit to Oman.

Oman received seven recommendations requesting it to amend its laws in order to decriminalise acts that fall under the right to freedom of expression and to ensure the full enjoyment of this right. However, it implied that they had already been implemented, by affirming that Omani laws guarantee freedom of expression, although this right is limited as to “not to disturb public order or cause injuries to others”. This is particularly worrying, as it shows that the State is not willing to change its laws. Furthermore, it is alarming that human rights activists, journalists and users of social networks “fear being arrested, detained, harassed or intimidated”, as highlighted by Switzerland in its recommendation, which was not accepted by Oman.

Nationality Code used to perpetuate discrimination against women and punish human rights defenders

The Omani Nationality Code discriminates against Omani women, imposing several limitations on their right to transmit Omani citizenship to their children. In view of this situation, over 10 States called upon Oman to allow women to pass their nationality to their children; which Oman did not accept, by affirming that there is “no distinction in law or practice against women and girls”; however, “Omani nationality is obtained due to blood association with the father”, which is, according to Oman, a matter of State sovereignty, that must be determined in accordance with “public will”.

In addition, an amendment passed in 2014 authorises the removal of Omani nationality of any citizen who damages the State's image abroad, including through collaboration with "international organisations", a provision that can be used to punish human rights defenders working internationally. France recommended that Oman “amend(s) the Nationality Code to eliminate the possibility that the withdrawal of the Omani nationality would lead to cases of statelessness”, but Oman rejected it.

Human rights treaties

Oman is neither a party to the International Covenant on Civil and Political Rights (ICCPR), nor to the Convention against Torture (UNCAT). Omani authorities also refuse to cooperate with the UN human rights protection mechanisms: numerous urgent appeals and allegation letters transmitted to the authorities by the UN Special Procedures remain unanswered. While Alkarama welcomes the fact that Oman accepted the recommendations calling upon the State to ratify the UNCAT, it regrets that it did not accept any recommendation to accede to the ICCPR or to issue a standing invitation to the UN Special Procedures.

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Tunisia - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 18.03.1969
Optional Protocol: No

State report: Overdue since 31.03.2012 (6th)
Last concluding observations: 23.04.2008

Convention against Torture (CAT)

CAT: Ratified on 23.09.1988
Optional Protocol: 29.06.2011
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): Yes

Last State report: Submitted on 13.10.2014
Last concluding observations: 01.01.1999

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Ratified on 14.05.2013
Art. 33 (Inquiry procedure): Yes

Last State report: 25.09.2011
Last concluding observations: -

Universal Periodic Review (UPR)

Last review: 05.2012 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

Comité Supérieur des Droits de l'Homme et des Libertés Fondamentales (CSDHLF) – Status B

Last review: 11.2009
Next review: -