Figure 1.--. |
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The Omani Government has a mixed record in human rights. The Government is not as oppressive as many Arab governments, but there are severe limitations on the ability of citizans to influence government policy or freely express their opinions, especially to criticize the Government. Oman is a monarchy. There is an elected prliament, but it only has an advisory functions. Security forces are generally more restrained than in many Arab countries, but they do not always follow procedures regarding arrest and detention. There are cases of holding individuals incommunicado. There are no constitutional guarantees or legal provisions regarding conduct of a public trial. Due process has been denied individuals, primarily in state security courts. The use of the death penalty, however, is very limited and has to be approved by the Sultan. The Government has made some progress in moving toward a secular system of law with the institution of magistrate courts. There is a substantial degree of religious freedom with the bounds of a conservative Islamic state. Omani citizens must obtain permission from the Government to marry foreigners. The Government limits privacy rights. The Government restricts freedom of expression and association. The Government must approve the establishment of any public associations. Human rights organizations are prohibited from operating in Oman. Women are desriminated against, but the Government has made some progress in this area, in large measure through education. The Government also restricts workers rights. Foreign workers in particular have experienced abuse. The treatment of foreign domestic servants in some instances is tantamount to slavery.
Oman appears in the historical record with the dawn of civilization in Mesopotamia. The Sumerians appeared to have called the coastal area of Oman facing the the Gulf of Oman Magan. And as early as 3,000 B.C. they obtained copper there. The earliest archeological finds are settlements with distinctive beehive tombs. The Arabs entered Oman from what is modern day Yemen (2nd century BC). Oman embraced Islam
during the lifetime of Mohammmed (7th century AD). Omanis often refer to the centuries that followed as the country's golden age. Oman became an important commercial center. This was in part due to its stratehic location on the Strait of Hormuz, a narrow waterway at the mouth of the Persian (Arabian). Control of the Strait dominates trade between the Middle East and the Indian Ocean. Omani traders engaged in commerce throughout the Indian Ocean from from India to Africa. The Portuguese were the first Europeans to round the Cape of Good Hope and reach the Indian Ocean. The Portuguese seized and fortified strategic Muscat harbor (1507). This became one of a string of coastal forts protecting their trade route to India. Omani forced finally suceeded in expelling the Portuguese (1650). Oman then built apowerful state on the Arabian Peninsula and across the Strait along the coast of Persia. They also esrablished coastal trading outposts in India and Africa, dominating the Indian Ocean. Imam Ahmad bin Said seized control (1741). He founded the Al-Said dynasty and moved the capital from the interior to the former Portuguese stronghold of Muscat.
The Sultanate became known as Muscat and Oman. The Seven Years War included a conflict between Britain and France over India. Britain prevailed becoming the dominant naval power in the Indian Ocean.
The Al Sa'id, was founded by Imam Ahmed bin Sa'id (mid-18th century). The current ruler, Sultan Qaboos, is a direct descendant of the l9th century ruler, Sa'id bin Sultan. Britain signed a treatly with the Sultan (1798). Oman from its position in Zanzibar played a major role in the African slave trade, especially in the 19th century. This was asource of conflict between the Sultanate and British as the Royal Navy played a major role in ending the Indian Ocean slave trade. Oman became fully independent (1951), but has maintained close relations with Britain. Britain aided the Sultanate in combatting sucessive revolts by Moslem fundamentalists in Oman's interior. Separatists in Dhofar province aided by the Marxist People´s Democratic Republic of Yemen (PDRY) revolted. The revolt in Dhofar was followed by a guerilla campaign launched by the People´s Front for the Liberation of Oman supported by Yemen. Saudi Arabia negotiated a cease-fire (March 1976), but the conflict continued at a lower intensity. Oman accepted U.S. defense assistance in its condlict with the PDRY (1981). Other Gulf states helped mediate the conflict, leading to a normalization agreement (1982). The two countries established diplomatic relations (1983). Relations have continued to improve with the signing of a trade-communicatiins agreement (1988) and an agreement on defining the border (1990). As Soviet support dwindled, The PDRY united with the Yemen Arab Republic (May 1990).
Oman is a monarchy. The country is governed by Sultan Qaboos bin Sa'id and his appointed ministers. Oman does not permit political parties. There is an elected bicameral representative body, but it only has advisory functions.
The Omani Government has a mixed record in human rights. The Government is not as oppressive as many Arab governments, but there are severe limitations on the ability of citizans to influence government policy or freely express their opinions, especially to criticize the Government.
The Government restricts freedom of expression and association. The Government must approve the establishment of any public associations. Human rights organizations are prohibited from operating in Oman. Human rights groups expressed concern over the incommunicado detention of a prominent playwright and human rights activist Abdullah Ryami (2005).
The Government also restricts workers rights.
Women are desriminated against in Oman. The problem exists because most domestic matters are ajudicated by the Shari'a courts. Observers report that allegations of abuse in the Shari'a courts were not uncommon. Domestic violence is a real concern, but judgements against men are rare because of Islamic tradition.
Doctors in Oman do not have a legal responsibility to report either spousal or child abuse to the courts, but they can and do summon police in instances where they believe a crime likely to have been committed.
Battered women may file a complaint with the police but most seek family intervention to protect them from violent domestic situations. The absence of statistics and the exclusion of human rights groups makes it difficult to assess the extent of the problem. As in most Muslim countries, it is virtually impossible for a woman to prove that she has been raped in a Shari'a court. Omani law prohibits rape. Shari'a provides no punishment for spousal rape. A few isolated rural communities still practice female genital mutilation (FGM). Observers believe that this practice is declining. Women under Omani may own property and conduct business. And their situation is improving as a new generation of educated young women emerges. Many older women, however, are illiterate. Illiteracy among older women hamperes their ability to own property and participate in the modern sector of the economy. Government officials are known to deny women land grants or housing loans and preferred to conduct business with a woman's husband or other male relative.
Shari'a favors male heirs in inheritance claims. Many women are reluctant to take an inheritance dispute to court because challenging Islamic tradition can alienate the family. Omani Women have equal opportunities for education. This is gradually making a difference in the country as rates of illiteracy among women were once very high. Women are taking advantage of their education and entering the modern economy. Many educated women have attained positions of authority in government, business, and the media. The Omani Government has led the way and is the largest employer of women. About one-third of all civil servants are women (2002). Omani law mandates maternity leave and equal pay for equal work. This has led to law suits with women charging that they were not receiving equal pay or receiving appropriate promotions.
the Ministry of Higher Education sponsors students studying abroad. Nearly 25 percent of these students are women. This is a considerable achievement in a conservative society like Oman where Islamic tradition strictly oversees the lives of young women.
Oman's Basic Law protects the right to freely practice one's religious rites in accordance with the country's tradition and providing that religious practices do not breach public order. The Omani Government generally respects religuous freedom. There are, however, some restrictions. The country's Basic Charter establishes Islam as the State religion and Shari'a as the source of all legislation. This places obvious contraints on the free practice of religion. The Government allows non-Muslim residents to practice their religion. Non-Muslim religious groups must register with the Government and the Government place some restrictions on their activities. Most Omanis are Ibadi Muslims. Ibadi Muslims are a Islamic sect largely confined to Oman. They follow the leadership of the 4th Rightly Guided Caliph Abdullah Ibn Ibad. About half the population is Ibadi Muslims, although populations estimates vary. They are related to the early Kharajiites. Sunni Muslims mainly among the Balushis/Balochis account for about 25 percentb of the population. Shia'a Jaffaris are about 5 percent of the population. Hindus and Christians account for about 20 percent of the population, but they are mostly residents working in Oman and not citizens.
Non-Muslims in Oman are generally free to worship and the Sultan has donated land for this purpose.
Christian denominations function in Oman. There are also Hindu temples. Most of the worshipers are foreign nationals. Non-Moslems are not permitted to prosletize or publish religious tracts in Oman. They can bring in religious publications for their own use while in Oman. The country's Basic Charter prohibits discrimination against individuals on the basis of religion or descrimination directed at religious groups. In practice this means descrimination against non-Ibadi Muslims. Some Sunnis and Shi'a in Oman occupy prominent positions in both the private and public sectors, although more so in the private than public sector. The Government having fought an insurgency against Islamic fundamentalists closely monitors the Islamic clerrgy.
Imams are expected to preach within the parameters of standardized texts distributed monthly by the Ministry of Awqaf and Religious Affairs. The Government monitors sermons to ensure that imams do not persue political issues are or instigate religious hatred. The Government also monitors sermons of non-Muslim clergy. The Ministry of Religious Affairs and Awqaf publishes a periodical entitled Tolerance. There were no laws prohibiting discrimination against religious minorities.
Omani citizens must obtain permission from the Government to marry foreigners. The Government limits privacy rights.
Security forces are generally more restrained than in many Arab countries, but they do not always follow procedures regarding arrest and detention. There are cases of holding individuals incommunicado.
There are no constitutional guarantees or legal provisions regarding conduct of a public trial. Due process has been denied individuals, primarily in state security courts. Such cases are, however, rare and Oman has instituted reforms moving toward secularv law. Omani courts operate under the authority of the Sultan and subject to his influence. The Sultan appoints all judges and serve at his pleasure. The Sultan acts personally as a court of final appeal and does intercede in cases of particular interest. This is particularly the case on cases involving national security. The Sultan does not appear to interfere in the magistrate courts or the commercial courts. The courts are administered by the Ministry of Justice. The magistrate courts hear misdemeanors and criminal matters. The Shari'a (Islamic law) courts consider personal status cases such as divorce and inheritance. This means that women often do not receive equal justice because of the Koranic provisions and body of Islamic law which descrinate against women. There are also commercial courts. There is a Labor Welfare Board which mediates disputes between employers and employees before issues reach the courts. The magistrate court system was an attempt to move Oman toward secular law. They were established by royal decree (1984) and removed criminal cases from the Shari'a courts. The magistrate courts are overseen by the Sultan. The president of the magistrate courts reports directly to the Sultan. The mahistrate courts are set up regionally. Regional courts of first instance handle misdemeanor cases resolved by individual judges. Felony cases are adjudicated at the Central Magistrate Court in Muscat by a judicial panel (the President of the Magistrate Court and two assistant judges). The rulings of the felony panel are final except when the defendant is sentenced to death. The death penalty, however, is rarely administered in Oman. The Sultan must personally approve death sentences. There is no provision for stoneing or amputation.
Homosexuality is a crime in Oman. Actual prosecuutions are rare and generally only occur in extreme instances. Punishment can include fines and up to 3 years in prison.
Foreign workers in particular have experienced abuse.
The treatment of foreign domestic servants in some instances is tantamount to slavery.
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