Committee on the Rights of the Child examines the report of Oman

GENEVA (13 January 2016) - The Committee on the Rights of the Child today concluded its consideration of the combined third and fourth periodic report of Oman on its implementation of the provisions of the Convention on the Rights of the Child.

Introducing the report, Mohammed Said Al Kalbani, Minister of Social Development of Oman, said that over the last decade Oman had strengthened its legal framework: it had enacted a number of laws, including on childhood, human trafficking and care of persons with disabilities, and had ratified a number of important human rights conventions.  The implementation of the Convention on the Rights of the Child and its Optional Protocols was a priority.  The first National Conference on Childhood had been held in 2013 and the National Strategy for Childhood 2016-2027 had been adopted.  The Commission for the Protection of the Rights of the Child had been established and was present throughout the country, and training of public officials working on child protection issues was being undertaken.

Committee Experts recognized the great strides undertaken by Oman in implementing the Convention and its Optional Protocols and in promoting and protecting the rights of the child, and noted that more could be done in the ratification of international human rights instruments.  Experts inquired about the independence and the extension of the mandate of the National Human Rights Commission, access to an independent complaints mechanism, birth registration of children born out of wedlock, and about legislative measures that could be used to ban the use of corporal punishment in homes, schools and institutions.  Raising the age of criminal responsibility – which at the age of nine was in violation of the provisions of the Convention – was of utmost urgency and Experts expressed hope that Oman would conduct another study into the issue. 

In concluding remarks, Hatem Kotrane, Committee Expert and Rapporteur for Oman recognized the commitment of Oman to the Convention and expressed hope that the speedy adoption of the implementation list would facilitate the application of the Child Law in practice.

Mr. Al Kalbani, in his closing remarks, reiterated the commitment of Oman to provide better services to children in the future and to implement the laws in practice.

The delegation of Oman included representatives of the Ministry of Social Development, Ministry of Health, Ministry of Legal Affairs, Ministry of Education, and the representatives of the Permanent Mission of Oman to the United Nations Office at Geneva.

The Committee is meeting in double chambers during its seventy-first session and will hold its next public meeting at 3 p.m. this afternoon.  In Chamber A, the Committee will continue the examination of the combined third to fifth periodic report of Latvia (CRC/C/LVA/3-5) under the Convention, as well as its initial report under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/LVA/1), and the initial report under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/LVA/1), which it started on 12 January.  In Chamber B, the Committee will consider the fifth periodic report of France (CRC/C/FRA/5) under the Convention on the Rights of the Child.
 
Report

The combined third and fourth periodic report of Oman under the Convention on the Rights of the Child can be read via the following link: CRC/C/OMN/3-4.

Presentation of the Report

MOHAMMED SAID AL KALBANI, Minister of Social Development of Oman, introducing the report, said that over the last decade Oman had strengthened its legal framework and had enacted a number of laws, including on childhood, on minors, on social security, on civil associations, on human trafficking, on care of persons with disabilities, and others.  Oman was actively looking at the relationship between human rights and development and endeavoured at raising the living standards of all those living in Oman.  Oman had ratified a number of important human rights conventions, and the Ministry for Social Development was in charge of their implementation.  Infant mortality rates had been significantly reduced and the school enrolment rate now stood at 96 per cent.  The implementation of the Convention on the Rights of the Child and its Optional Protocols was a priority and Oman had made a number of important achievements in this regard, including the withdrawal of four out of five reservations, while the remaining reservation was limited to only one paragraph of the article relating to freedom of religion.  Oman was increasingly paying attention to concluding observations of this and other human rights Committees, and its ministerial body met regularly to agree on a plan of action for the implementation of those recommendations.

In 2013, Oman had held its first National Conference on Childhood during which it had reviewed its third periodic report and drafted the Law on Childhood.  Oman had also adopted its National Strategy for Childhood 2016-2027 and strengthened the National Commission for Family Affairs under the Ministry for Social Welfare.  The Ministry had enacted a mechanism for the protection of the rights of women and children, as well as preventative and care programmes for women and children victims of domestic violence and abuse.  The Commission for the Protection of the Rights of the Child had been established and was present throughout the country, a training programme had been put in place for public officials working on child protection issues, and a toll-free hotline had been opened to help children access protective services and file complaints.  Oman recognized the importance of early childhood in the development of the personality and in cooperation with the University of Oman had conducted an assessment of childcare facilities in 2014 and 2015.  In 2016, it would hold a national forum to discuss ways forward in improving the quality of services and increasing the number of children with access to early childhood education facilities.  A programme was in place to train childcare professionals and to support young married couples in parenting.  Oman was committed to creating a sound and protective environment for children in which they could be cared for socially, economically and emotionally.

Questions by the Committee Experts

HATEM KOTRANE, Committee Expert and Country Rapporteur for Oman, said that there was no doubt that the Sultanate of Oman had made great strides in implementing the Convention and its Optional Protocols and promoting and protecting the rights of the child.  The Childhood Act covered a series of children’s rights, including the rights of children with disabilities.  Oman however had not made significant progress in the ratification of international human rights treaties, with the exception of the Convention on the Rights of Persons with Disabilities.  Was Oman considering acceding to the third Optional Protocol to the Convention on the Rights of the Child on individual communication, and what measures had been taken to ratify other important human rights conventions?  How were international conventions domesticated and what was their status in the domestic law?  Were there plans to withdraw the reservation of Oman on an article of the Convention and guarantee children the right to freely choose their religion? 

Questions were raised concerning the independence and the extension of the mandate of the National Human Rights Commission and the access to an independent mechanism through which complaints could be filed by children and their parents.  The Country Rapporteur raised concerns about discrimination against children with disabilities, children born out of wedlock, and the right to nationality, citizenship and family protection for children born to non-Omani fathers.  Mr. Kotrane also asked which legislative measures would be taken to specifically ban the use of corporal punishment in homes, schools and care facilities and to promote alternative means of discipline.

OLGA KHAZOVA, Committee Expert and Country Rapporteur for Oman, raised concerns about the lack of a single coordination body for the activities to promote and implement the provisions of the Convention and protect the rights of children.  With the current system, it was hard to understand how the financing of activities for children was being done and she asked whether there were plans to revise the budgeting system.  What measures were in place to disseminate information about the important new piece of legislation, the Childhood Act, and how was the Convention on the Rights of the Child taught in schools?  There were no problems with the definition of the child, it was absolutely in line with the Convention, but early marriages were still practiced in Oman even though the practice had been significantly reduced. 

The Country Rapporteur asked where the principle of the best interest of the child was spelled out in the legislation, and how that principle, as well as the principle of respect for the views of the child, was being applied, including in private and family settings.  A significant proportion of children were exposed to violence at schools, homes and in the community.  Oman had taken significant steps to address this problem, but concerns remained about the definition of violence in the law that limited it to acts of physical violence, and did not include mental or psychological violence, which could be even more harmful to child development than physical violence.  A significant proportion of children affected by violence were victims of sexual violence and most of it occurred at home; what measures were in place to address this problem and to support the victims?

Another Committee Expert asked what was being done to facilitate birth registration of children born to migrants who had settled in Oman and requested the delegation to clearly explain under which circumstances the freedom of opinion and freedom of religion could be limited. 

Replies by the Delegation

There had been a lengthy process before the Law on Childhood had been adopted, in which experts, including those of the United Nations Children’s Fund, had been involved to ensure that the law was in line with the Convention on the Rights of the Child.  The Law was then submitted to State Councils for debate and adoption, and had set up the national mechanism for the implementation of the Convention on the Rights of the Child.  A number of complaints mechanisms were in place in Oman, and children or their parents could file a complaint through a dedicated hotline, police stations, hospitals, schools, Social Protection Departments, and Committees for Children’s Affairs.  The National Commission for Family Affairs was responsible for forging policies and defining strategies thorough relevant bodies working in the areas of the rights of the child and with the private sector; it defined national strategies and was responsible for the implementation and monitoring of the Convention on the Rights of the Child.  All births in Oman were registered; the Ministry of Health was notified and the Department of Social Status was informed of each birth.  Parents were duty bound to register births.  Oman was examining the possibility of the ratification of the third Optional Protocol on communications.

In terms of the dissemination of the Convention on the Rights of the Child, the delegation said that Oman had developed national parameters for child-friendly schools, which aimed to increase participation in social awareness programmes, and to ensure that there was a good interaction between the public and the schools.  Such programmes were being carried out in five provinces, and in the capital Muscat.  The aim was to raise awareness of children from the youngest age and their parents about the provisions of the Convention and children’s rights.

International conventions, once ratified, were part of national laws, and domestic laws could not be contrary to their provisions.  The withdrawal of the general reservation on the right of the child to freely choose his or her own religion was under the purview of the Shura and the State Council, which would consider this issue in the future.  Oman accorded great importance to human rights instruments and was considering the ratification of the International Covenant on Civil and Political Rights and the Convention on Protection from Enforced Disappearances. 

Children born out of wedlock were citizens and enjoyed the rights that other children enjoyed.  The Child Act stated that education for children was provided at all stages, without discrimination as to sex, ethnic group, social origin, race or disability.  The principle of the best interest of the child was included in several pieces of legislation, for example the personal status law, custodianship, labour law, and others.  The Law on Juvenile Justice guaranteed the protection of children as well; it set the age of criminal responsibility at nine, and ensured that children under the age of 16 would not receive a death sentence.  Omani citizenship was conferred to children of Omani fathers, and children of non-Omani fathers born to Omani mothers received the citizenship of their fathers.  Children of Omani mothers whose father was unknown received Omani citizenship regardless of whether they were born in Oman or abroad, and children of unknown parents born in Oman also received citizenship.

The right of children to associate and peacefully assemble was guaranteed in the law.  More than 99 per cent of pregnant women had access to prenatal and birth services in hospitals, and this was also reflected in the high rate of birth registration of both Omani and non-Omani children.  All public institutions were monitored by an independent state monitoring body, and this included also the National Commission for Family Affairs.  The delegation confirmed that the definition of violence contained in the Child Act made reference to psychological and emotional abuse as well as physical violence.  The statistics showed that the average age of marriage for women was 26 years and 29 years for men, largely as a result of the use of new communications techniques in the education of the public about the harmful effects of early marriages.

Oman was the only country in the region which had agreed to a visit by the Special Rapporteur on the right to freedom of peaceful assembly and of association, which was a demonstration of Oman’s commitment to human rights; unfortunately, the Special Rapporteur in the discharge of this mission had exceeded the mandate of Special Procedures, and had failed to take Oman’s comments into account in the preparation of his report.

Questions by the Committee Experts

OLGA KHAZOVA, Committee Expert and Country Rapporteur for Oman, recognized the tremendous efforts Oman had undertaken to ensure the protection of children and inquired about the separation of children from their families and the criteria for child removal from the family.  What was the fate of children born out of wedlock who were often abandoned by their mothers, and how did they maintain links with their biological families?  Which legal framework was in place to ensure age determination of refugee and asylum-seeking children and their access to basic services?

HATEM KOTRANE, Committee Expert and Country Rapporteur for Oman, asked the delegation to explain who had the duty and obligation to report violence against children, and what measures were envisaged to raise the age of criminal responsibility.

The delegation was asked to talk about the revision of maternity leave and the promotion of breastfeeding, the drinking water situation and the pollution of water by oil industry, efforts to further reduce maternal mortality in certain regions, and to explain the system of adolescent health, including access to reproductive health services.  Children begging in the streets seemed to be a growing problem, with children being forced into begging by parents and guardians.  The Committee was concerned that the police was arresting those children and locking them up, while the primary culprits were parents or guardians; the Convention clearly stated that different solutions must be found rather than locking them up.

The Experts congratulated Oman on the policies to ensure the equal rights of children with disabilities and inquired about the implementation of these policies in practice, particularly in the education sector, considering that half of the children with disabilities were still not in mainstream schools.  Which measures would be adopted to address the situation of children with disabilities born in marriages between close family members, which seemed to be quite frequent in Oman?

Replies by the Delegation

Anybody who reported cases of abuse of children had the right to remain anonymous.  Abuse and violence could be reported in writing or through the hotline, and were received by protection units which would talk to the child and then dispatch the protection team to visit the child, be it in the family or an institution.  The report would also be lodged in the Family Protection Department, which would then provide guidance to the family and those dealing with the child.  Removal of a child from the family happened only in exceptional circumstances, and in such a case, the child would be placed in an institution under the order of the judge; the decision to remove the child was taken by the provincial Family Protection Department.

Nutrition was one of the most important areas of work in the Ministry of Health and was included in the five-year plan.  Intensive efforts had been undertaken to encourage breastfeeding through child-friendly hospitals for many years now, and every year, a Breastfeeding Week was celebrated in the country.  There were initiatives in place to reinforce child-friendly hospitals by the greater inclusion of communities, a law on formula had been introduced and child-spacing was promoted in families.  All those initiatives had resulted in greater breastfeeding rates and the reduction of malnutrition to 2.4 per cent in 2014.

The Ministry of Education provided psycho-social and mental care to children in school.  A specialized unit, the Social Guidance Section, provided guidance and awareness programmes to students on social, psychological and health issues.  The section was staffed with specialists with sociology degrees, trained to study the cases of students and their behaviour and to train psychologists at schools, in coordination with relevant stakeholders.  The school regulations were the same in all schools in the country, regardless where they might be, in the capital or the provinces.  Corporal punishment was prohibited, and alternative measures of discipline were used: admonishment, warning in writing, summoning the parents, temporary dismissal, etc.  Psychologists were involved in the assessment of students who frequently committed disciplinary offences.

In terms of children in prison and their rights, according to the law, a pregnant woman who received the death penalty could not be executed until she had given birth.  If both parents of children under the age of 15 were sentenced to prison, one of them would receive a reprieve in order not to deprive the children of parental care.  Babies born in prison would be taken care of by prison authorities; at the age of two, a mother could decide not to keep the child with her, in which case the child would be given to the father or a designated family member.  All prisons had kindergartens which could care for children until they reached school age.

Foreigners had the right to apply for asylum in Oman and no person with children could be extradited.  Oman often offered humanitarian residency to injured persons accompanied with their children; this was often done for refugees from Yemen, who, after receiving treatment, would be sent back.  The delegation confirmed that the age of criminal responsibility in Oman was nine years of age and said that the raising of the age was under study.  Oman had adopted a law on human trafficking, which was criminalized.

Follow-up Questions by the Committee Experts

HATEM KOTRANE, Committee Expert and Country Rapporteur for Oman, noted that the involvement of children with armed forces was prohibited, and asked whether Oman could review an article in the 2014 Child’s Law, which allowed children aged 16 years and above, to volunteer for the armed forces. 

OLGA KHAZOVA, Committee Expert and Country Rapporteur for Oman, asked whether all children in Oman had equal access to psycho-social centres, and how children with behavioural problems were treated.

The delegation was asked to comment on school drop-out rates, how children victims of violence and abuse were involved in planning their future, maternity leave, and the measures to remedy stunted growth among children.

Replies by the Delegation

Oman was secure and was not involved in any armed conflict; persons under the age of 18 could not be recruited by the army or the police.  Some children aged 16 and over volunteered for the army, mainly in order to receive some training and learn discipline. 

Children with autism had access to specialised medical services, including diagnosis and treatment, while children with behavioural problems and children with disabilities could access support services through schools – the aim of those services was to support the children in their full integration in the society and economy.  A number of civil society organizations provided services for children with disabilities, and often ran centres staffed with experts who could help children in need of medical assistance.

The study into the phenomenon of child labour conducted by the Ministry of Social Labour showed that no children were involved in labour outside of family-based activities such as fishing, agriculture, shop-keeping, and all the children in work were aged 16 and over.  The Government had established certain conditions for work of children, namely that work should be limited to family businesses, that it should not under any circumstances hinder their employment, and that it should not harm their health.  Children under the age of 15 were prohibited from working.

Oman had changed its approach in raising awareness about sexually transmitted diseases in order to make the scientific information more accessible and more understandable by the children.  A special health guide for adolescence and for reproductive health had been prepared, which was being distributed in health centres.  Doctors, nurses and health care workers in schools were trained to respond to the health needs of adolescents.

Oman was aware of the consequential links between the number of children with disabilities and frequent marriages between cousins.  People intending to marry had to undergo obligatory pre-marital testing in order to understand the risks and potential problems that could arise.  A broad programme had been launched in 2015 to test children of such marriages for disabilities, including a clinical test for hearing, and a thyroid test.  There were plans to more closely study infant mortality, considering that 27 per cent of infant deaths were due to congenital disorders.

BENYAM DAWIT MEZMUR, Committee Chairperson, in follow-up questions, asked the delegation about the status of the law on female genital mutilation, leniency in the Penal Code for crimes of honour, and about temporary marriages of girls from South-East Asia, who after a period of “marriage” would be passed on as domestic servants.

The delegation said domestic workers were overseen by the labour law and could not get married as per the labour contract.  A Committee was in place which looked into marriages with foreign workers.  There were no honour crimes in Oman, while heavy sanctions were in place for incest, including capital punishment.

A law was in place which protected the environment, while close cooperation was in place with civil society organizations dedicated to environmental protection.  In Oman, gas was the principal source of energy; it was less polluting than other sources.  Oman was of the opinion that the recommended 14 weeks maternity leave was not a violation of the principle of gender equality.

The Ministry encouraged that a child born to young girls out of wedlock remained with the family, but the child could also be placed under the care of the State if the mother so desired.  Having children out of wedlock was not criminalized, and adolescents were not penalized in any way.  Girls under the age of 16 who had a child had an option of staying in school or opting for adult education.

Concerning raising the age of criminal responsibility which was currently set at nine years of age, the head of the delegation said that Oman was aware that it was not in accordance with the requirements of the Convention, and said that in the setting of the age, Oman had extensively consulted with child psychologists in the country.

Concluding Remarks

HATEM KOTRANE, Committee Expert and Country Rapporteur for the Report of Oman, said that the commitment of Oman to the Convention was obvious, as evidenced by the steps taken to strengthen its implementation.  One such step was the adoption of the Child Law and Mr. Kotrane expressed hope that Oman would soon adopt the implementation list which would allow this law to be applied in practice.  The Country Rapporteur also urged Oman to consider the ratification of the third Optional Protocol on communications as well as the International Labour Organization Conventions 183 and 189 regarding domestic work.

OLGA KHAZOVA, Committee Expert and Country Rapporteur for Oman, thanked the delegation and said that of utmost urgency was raising the age of criminal responsibility.  She hoped that Oman would soon conduct another study into this issue.

MOHAMMED SAID AL KALBANI, Minister of Social Development of Oman, said that Oman had tried to share the experience of children in Oman, without misrepresenting reality, and reiterated the commitment to provide better services to children in the future and implement the laws in practice.

BENYAM DAWIT MEZMUR, Committee Chairperson, thanked the delegation and said that the role of the Committee was to take the conversations with the delegation into account and consider them while preparing the concluding observations.

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