消除种族歧视委员会审议阿曼的报告（部分翻译）

消除种族歧视委员会

2016年4月28日

消除种族歧视委员会今天上午结束审议阿曼关于落实《消除一切形式种族歧视国际公约》条款情况的第二至第五次合并定期报告。

阿曼最高法院副院长哈里发·穆罕默德·阿卜杜拉·哈德拉米（Khalifa Mohammed Abdulla Al Hadrami）在呈交报告时表示，阿曼社会拒绝一切形式的种族主义或仇外心理。阿曼批准了大量高于国内法的国际人权条约和国际劳工组织（ILO）公约。政府进行了反歧视的提高意识活动，学校课程包括了人权教育、公民教育和伊斯兰教学。阿曼在促进包括妇女教育和健康在内的经济、社会及文化权利方面取得了相当大的进步。《劳动法》包括了雇佣移徙者的规则，保证不可强迫工人每周工作超过48小时。工人们受益于医疗服务，有权加入工会和参与集体交涉或罢工。妇女有获取教育和劳动力市场的渠道，并享有投票权。他最后表示，对自由言论的限制是不被允许的。

在对话中，专家们对阿曼法律中缺少对种族歧视的定义表示遗憾，并指出该缔约国对于阿曼没有此类现象的声明中的矛盾。他们表达了对家庭佣工状况的担忧，工人们似乎未受到《劳动法》条款的保护。专家指出了该国移徙工人数量之多，并提出了对赞助（Kafala）系统的担忧，根据此系统，移徙工人的护照可能会被其雇主没收。专家还提出了关于阿曼国内歧视妇女的意见，包括关于阿曼国籍传递规则和其他家庭法的立法。专家询问了关于该国言论自由和民间社会组织活动的问题。他们强烈敦促阿曼批准《公民权利和政治权利国际公约》、《经济、社会及文化权利国际公约》和国际劳工组织第189号关于家庭佣工体面劳动的公约。

阿曼代表团包括最高法院、检察长办公室、国家人权委员会以及阿曼常驻联合国日内瓦办事处代表团的代表们。

委员会将于今天下午3点举行下一次会议，开始审议卢旺达的第十八至第二十次合并报告（CERD/C/RWA/18.20）。

报告

阿曼的第二至第五次合并定期报告可在此查看：
CERD/C/OMN/2-5。

Presentation of the Report

KHALIFA MOHAMMED ABDULLA AL HADRAMI, Vice President of the Supreme Court of Oman, presenting the report, expressed his Government’s commitment to collaborating with the Committee. He explained that the report before the Committee had been prepared by a cross-sectoral Commission comprised of members of several Ministries, and after extensive consultations with civil society representatives. The Omani society rejected all forms of racism or xenophobia, he said. There were around 3 million inhabitants in the country, including Omani and foreign nationals.

Oman had ratified the Convention on the Rights of the Child and its two Optional Protocols, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities. Oman had also ratified core International Labour Organizations (ILO) Conventions, including ILO Convention 29 concerning Forced or Compulsory Labour, ILO Convention 105 concerning the Abolition of Forced Labour, ILO Convention 182 on the Worst Forms of Child Labour, and ILO Convention 138 concerning Minimum Age for Admission to Employment.

These Conventions were directly applicable, and prevailed over domestic laws. Oman was looking at the possibility of ratifying further instruments, and of withdrawing some of the reservations it had made. The Government was conducting awareness-raising campaigns against discrimination, and school curricula included human rights education. School curricula also included civic education and Islamic teachings. Oman had translated and published the International Convention on the Elimination of All Forms of Racial Discrimination, and had conducted awareness-raising activities on its provisions. It had also held seminars to mark the International Day for the Elimination of Racial Discrimination. The national human rights commission and the national commission to combat human trafficking played an important role in the implementation of the Convention.

Oman had made considerable progress in the promotion of economic, social and cultural rights, including education and health for women. Reforms had led to improvements in the healthcare centre. Medical services were provided free of charge to all individuals working as civil servants. Employers covered medical costs for their employees. Life expectancy had increased, and there had been a significant drop in the maternal mortality rate. The right to education had been given priority. Education was universal, free and compulsory up to the age of 12. Oman had also launched adult education programmes.

Article 12 of the Constitution indicated that citizens had the right to choose their profession and field of work. Official work permits were necessary for foreigners to access employment. The Labour Law included regulations for the employment of migrants, and stipulated that one could not force workers to work more than 48 hours per week. Breaks were granted to each worker after six hours of work. Workers benefited from medical services. No one could be compelled to work in areas exposed to the sun and extreme temperatures. Workers had the right to unionise, and to take part in collective bargaining or strikes. Women had access to education and the labour market, and enjoyed the right to vote. Pregnancy rates had dropped owing to the improvement of women’s education level in the country. Restrictions on free speech were not allowed, the delegate said. A law on publishing protected freedom of the press.

Questions by the Committee Experts

MARC BOSSUYT, Committee Member and Country Rapporteur for Oman, said that Oman had been a State party to the International Convention on the Elimination of All Forms of Racial Discrimination since 2002. A national working group had been established by the Council of Ministers to prepare the report, he said, encouraging Oman to establish a standing national mechanism in charge of reporting to the treaty bodies and following up the implementation of treaty body recommendations. He regretted the fact that the report lacked data on the ethnic composition of Oman’s population and on its enjoyment of economic, social and cultural rights. He noted that Oman was of the view that applying the term “ethnic” to a certain social group would constitute in itself racial discrimination, and that all citizens lived together without discrimination.

With regard to definitions, he noted that Oman had stated that there was no racial discrimination in the country, and that therefore no specific definition of discrimination existed in the legislation. In that regard, he wondered how Oman was able to state that there was no racial discrimination if there was no definition of it. Continuing, he asked whether measures had been taken to prohibit organizations that promoted or incited racial discrimination. He also asked for information with regard to the application of the Convention by domestic courts, and with regard to the number and nature of cases relating to racial discrimination in the courts. Furthermore, he asked what progress had been made towards the establishment of a national human rights institution in compliance with the Paris Principles. He noted that the existing institution lacked independence.

Mr. Bossuyt then inquired about the participation of minorities in public life, and their representation in Parliament, including statistical data on members of minority groups and women employed in public bodies, institutions and the administration at all levels, as well as in the judiciary. He then referred to reports of some tribes (Al Tawayya and Al Khalifayn) which suffered adverse economic and social consequences following the 2006 decision of the Ministry of Interior to change their name and affiliate them to another tribe (Al Hatithi). It had indeed been alleged that, as a result of this decision, their status had been reduced to that of servants of the main tribe. The Country Rapporteur asked whether affirmative action measures had been taken to prevent discrimination in the employment sector. Managerial opportunities for descendants of servant tribes or slave groups were still rare, he regretted. These persons were allegedly victims of widespread discrimination.

The Country Rapporteur then asked what measures had been taken to abolish the sponsorship (kafala) system and to protect the rights of all migrant workers. He also requested information on the impact of measures taken to prevent the abuse of migrant workers by employers and recruitment agencies. He was concerned that the rights enumerated in the Basic Law of the State were only applicable to Omani citizens. Mr. Bossuyt asked for information on the new Omani Nationality Law and its impact on the prevention of statelessness, especially for children of Omani mothers and non-Omani fathers. It appeared that the new requirements to apply for naturalization were more stringent for foreign female spouses than for male applicants, which constituted discriminatory treatment between men and women. He noted that Oman was a country of destination and transit for trafficking in persons, and encouraged more efficient measures to combat this phenomenon.

There was an important migrant labour force in Oman, the Country Rapporteur said, noting that 847,000 expatriates had valid work permits, which represented five times the number of Omani workers in the country (177,000 Omani workers were registered in 2010). The majority of work-related complaints in the country were filed by foreign workers, he noted, and only five per cent of them had been referred to a tribunal. A matter of particular concern was the status of domestic workers, who did not benefit from the protection of the Labour Code. Their situation was governed by ministerial decrees. In view of the vulnerable position they found themselves in their relationship with their employers, it seemed advisable to extend the protection of the Labour Code to domestic workers. He then asked for information on the impact of the “Omanization plan”, which sought to reduce the country’s dependence on expatriate manpower by substituting foreign labourers with Omani nationals. Was it true that this plan would put about 100,000 migrant workers at risk of losing their jobs?

Finally, Mr. Bossuyt mentioned Article 31 of the Basic Law of the State, which prohibited anyone to print or to publish material that “leads to unrest, prejudices the security of the State and undermines human dignity and human rights”. He wondered whether those limitations of the freedom of the press were not too vague, and whether there was a real risk that they could lead to possible abuse by the authorities.

Turning to the first round of questions, an Expert, referring to the applicability of the Convention, asked whether its provisions had been directly invoked before Oman’s domestic courts. One of his colleague asked whether the Convention prevailed over domestic laws, and whether it could be binding to the judges and the courts.

An Expert was surprised that Oman had ratified neither the International Covenant on Civil and Political Rights nor the International Covenant on Economic, Social and Cultural Rights, and called for their ratification as a matter of priority. These international Covenants were essential, he said.

A Committee Member underlined that the Omani judiciary seemed not to be independent, but was rather under the authority of the Sultan.

An Expert insisted on the importance of a national human rights institution working in compliance with the Paris Principles, and strongly encouraged Oman to make its institution independent. What was the mandate of Oman’s national human rights institution?

Committee Members echoed the Rapporteur’s concerns about domestic workers falling outside of the protection of the Labour Code. Could domestic workers establish their own unions? An Expert asked about the role of labour inspectors in ensuring respect for labour regulations and the rights of domestic workers.

Experts asked about the countries of origin of migrant workers in Oman, and whether there were migrant workers without legal permits. A Committee Member was concerned that the sponsorship system was not subjected to the protections of the provisions of the Labour Code. An Expert encouraged Oman to examine the adverse effects of this system on the rights of migrant workers.

An Expert explained that employment agencies imported foreign workforce, including minors, and asked what measures had been taken to regulate their activities.

Another Expert asked what was the status and the situation of refugees in Oman.

The delegation was asked about the use of the death penalty in Oman, the crimes subjected to this punishment and whether those sentenced to death were mostly migrants.

An Expert noted the continued existence of legislation that was discriminatory against women, and asked what measures would be taken to overcome such unequal treatment. What measures had been taken to protect women migrant workers and women domestic workers?

Oman was encouraged to review its nationality law and to facilitate access to the Omani citizenship.

Experts also expressed concerns about discrimination against children with disabilities in the education system.

Experts asked about the situation of persons of African descent in Oman.

A Committee Member welcomed the importance attached by Oman to the issue of education, which was an important tool to combat discrimination. She asked how successful the education programme had been in terms of eliminating racial discrimination. She noted that the State party’s report referred to an education programme focused on teachings on other “civilizations” and asked what the Government meant by that.

There were regulations on freedom of the press, an Expert noted, asking whether this censorship took place before or after the publication of an article.

The delegation was asked about the nature, number and activities of non-governmental organizations in Oman.

An Expert was sceptical about the delegation’s claim that Oman was an homogenous population. It was difficult to imagine a population of three million without differences. Did Oman at least recognize that some groups may form communities or classes?

An Expert noted that freedom of religion entailed the right not to have a religion, and asked whether Oman had a non-Muslim population.

A Committee Member was concerned that the delegation had not referred to any cases of racial discrimination being brought before domestic courts. He insisted that the absence of complaints did not mean that there was no racial discrimination.

Replies by the Delegation

Oman encouraged family reunification without any discrimination by gender, a delegate said.

On applicability, international conventions were given superiority over the Constitution and domestic legislation, a delegate said.

Turning to definitions, a delegate said that the concepts of ethnicity and minority were not recognized, and all those in Oman enjoyed the same rights, irrespective of their religion or their origin. Legislation did not discriminate between Omanis and others, he added.

On gender participation, a delegate recalled that women currently constituted 50 per cent of the members of the State Council. There was no quota for women in the State Council, and this number evolved from year to year.

With regard to international human rights treaties, the delegation said that the human rights situation was a participatory process between the Government, the international community and civil society. Oman was attempting to sign the International Covenant on Economic, Social and Cultural Rights as well as the International Convention for the Protection of All Persons from Enforced Disappearances and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Oman would also consider withdrawing its reservations to the Convention on the Elimination of All Forms of Discrimination Against Women.

The Department for the resolution of labour disputes sought to promote amicable solutions through mediation. If such a resolution could not be reached, complaints could be filed before courts, and their decisions could be subjected to appeal.

With regard to the sponsorship system (kafala), all workers were free to change employers, a delegation said. An employer could hold an employee’s passport, but all employees could get their passports back whenever they wanted.

Oman did not use the term “domestic workers”, as all workers were treated equally. Their working conditions were regulated, and they had the right to file complaints. Legislation provided for strict sanctions in the case of mistreatment or human trafficking. Workers had the right to join a union, whether they were Omani or not. There was no discrimination between foreign workers and Omani workers.

The Government had launched a number of awareness-raising programmes, including in the media, with a view to raise awareness among foreign and Omani workers as regard their rights.

Recruiting agencies were regulated by law, the delegation said. They were prohibited from recruiting minors, and from recruiting foreign workers below the age of 21.

The law set forth that anyone on Oman’s territory must have a nationality, the delegation said. Children, from birth, had the right to a nationality. The nationality was defined by the nationality of the father, or the mother in case of an unidentified or stateless father. There were no cases of statelessness. Concerning children of Omani mothers and foreign fathers, the Government had taken measures to ensure that these children had access to health and education.

With regard to women in the judiciary, a delegate said that women were employed through the Public Prosecutor’s Office. Laws on nomination allowed women to be candidates for any posts in the judiciary. All those who worked in the Public Prosecutor’s Office were entitled by law to change their post. There was an increasing number of women working in the judiciary, the delegation noted, adding that Omani women had been pioneers in this field.

Persons with disabilities could apply to all civil servant positions. In addition, the law stated that all companies comprised of more than 50 employees had to employ persons with disabilities. Specialized schools for persons with disabilities were free, the delegation said. Efforts had been made for their integration in mainstreamed schools. Oman also participated in campaigns to ensure that the society was increasingly aware of the needs of persons with disabilities. Sign language interpretation had also been promoted in the media.

The death penalty was applied for specific cases of homicides, a delegate said. Its application required an unanimous decision by judges of a court. It was not applied to minors or to pregnant women, and the State was compelled to provide a lawyer to any person who may be subjected to this sentence. With all these procedures, Oman was seeking to limit as much as possible the application of the death penalty.

With regard to family issues, a delegate said that divorce was a right guaranteed to men under Sharia law. Women could also request a divorce if they believed that the marriage relationship could not improve. The Personal Status Law also covered the custody for minors. On inheritance, cases where men could inherit twice more than women were rare and subjected to specific conditions.

Legislation did not establish a definition of racial discrimination, a delegate said, recalling however that the Convention was an integral part of Oman’s domestic law. The courts had adopted the definition as it existed in the Convention, he added.

The National Human Rights Commission had administrative and financial independence, a delegate said. It did not depend on the executive branch, and did not have to answer to any Government or executive body. It only had to rely on the Government’s decision with regard to its budget. The Commission was qualified for obtaining Status A under the Paris Principles, the delegation said.

Freedom of expression and freedom of speech were guaranteed as long as they did not violate national laws which regulated their application. A new publication regulation would be adopted, in order to bring legislation in line with current practices.

Omani laws ensured freedom of religion, the delegation said.

Questions by the Experts

MARC BOSSUYT, Committee Member and Country Rapporteur for Oman, asked about the outcome of labour disputes. He expressed concerns that employers were authorized to confiscate passports, noting that passports should always remain in the hands of the migrant workers. He noted that the delegation had said that there was no distinction of domestic workers, which seemed contradictory to reports that the Labour Code was not applicable to these workers. He then noted that the delegation had said that racial discrimination did not exist, and that the Government was raising awareness against racial discrimination, which seemed to be contradictory. He reiterated concerns about discrimination against women as regard to access to Omani citizenship, and asked for figures about the application of the death penalty. He asked whether Oman was taking measures to receive Syrian refugees.

An Expert noted that domestic workers seemed to be not subjected to Labour Code regulations. It was important to provide domestic workers with specific protection, he said, encouraging Oman to ratify ILO Convention 189 concerning Decent Work for Domestic Workers. Could domestic workers unionise?

An Expert noted that slavery had been abolished quite recently, in 1970, and asked for information regarding the current situation of former slaves and their descendants.

Another Expert welcomed efforts to promote mediation for labour disputes, but underlined the importance of trained and qualified personnel to undertake the role of a mediator.

An Expert reiterated concerns about recruitment agencies or individuals going abroad to recruit labour, and in particular minors, and asked whether the Omani Government was aware of this.

An Expert noted the importance of special temporary measures and affirmative actions, such as employment quotas for minorities, and asked whether such measures had been taken in Oman.

An Expert reiterated questions relating to the activities of civil society organizations. Was there any organization representing non-Omani citizens?

Experts reiterated concerns with regard to the lack of complaints for cases of racial discrimination, which seemed to highlight a lack of access to justice, and a lack of awareness on the rights protected under the Convention. Questions were asked with regard to training and dissemination efforts in order to remedy this situation.

A Committee Member asked what the situation of persons of African Descent in Oman was, and what activities had been taken by the Government in the context of the Decade of Persons of African Descent.

Replies by the Delegation

With regard to the sponsorship system, the delegation said that passports, as a rule, were kept by migrant workers. Violations of this rule were subjected to the law. Another delegate said that employers who do not respect their obligation to give a passport back to an employee could be subjected to a penalty.

Oman did not recognize the concept of “migrant workers”, and only recognized the concept of a contract between two parties. Labour rights were always protected in accordance with ILO standards. Oman did not apply additional tax to the income of migrant workers.

The death penalty had been applied only two times last year, the delegation said. These cases had to go through a long judicial process, before reaching the Sultan for a final decision.

Oman was fully determined to integrate domestic workers to the Labour Law, to ensure that they would be completely covered. The Labour Code authorized all workers to join trade unions. Nothing prevented domestic workers from unionizing, and trade unions in Oman were undertaking great efforts for the protection of labour rights.

Oman was committed to support and fund civil society organizations, a delegate said. Non-Omani citizens were very active in these organizations.

Persons with disabilities benefited from specific housing programmes provided by the State. Financial support was also provided to them for paying services that they needed, and for supporting their children’s access to education. They received monthly salaries paid by the State.

Recruitment agencies could not recruit persons under the age of 21, a delegate repeated, insisting that agencies violating the law could be closed. Oman was cooperating with neighbouring countries on cases of human trafficking.

Responding to the question on Syrian refugees, a delegate noted that Oman was actively participating in peace efforts in Syria and in Yemen. Syria was quite far from Oman, and most refugees were fleeing towards European countries. As for Yemen, populations there had not left the country. Oman would nevertheless stand ready to receive asylum seekers, should they decide to cross the Yemeni/Omani border.

Slavery used to be prevalent in the past, and had been strictly banned by the Sultan prior to 1970, a delegate said. The Criminal Code of 1974 criminalized this practice.

Oman used to control Zanzibar, the delegation recalled. The population of African descent had always been well integrated in Oman, without discrimination.

Concluding Remarks

MARC BOSSUYT, Committee Member and Country Rapporteur for Oman, said in concluding remarks that the Committee was not a tribunal, it was an advisory body that sought to support States’ efforts in respecting their obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. He thanked the delegation for its replies, and encouraged it to give due consideration to the Committee’s concluding observations.

KHALIFA MOHAMMED ABDULLA AL HADRAMI, Vice President of the Supreme Court of Oman, in his concluding remarks, thanked the Committee Members for their observations, which would be conveyed to the people concerned. Oman was committed to implementing human rights treaties, and to working with the Committee on a better path for the future.

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