Freedom in the World 2001 - Oman

2001 Scores

Status: Not Free
Freedom Rating: 5.5
Civil Liberties: 5
Political Rights: 6

Ratings Change

Oman's civil liberties rating changed from 6 to 5 because of improvements in property, business, and economic rights, and greater opportunities for women in these areas.

Overview

On November 18, Omanis celebrated the 30th anniversary of the accession of Sultan Qabus ibn Sa'id al Sa'id. Held in high esteem by his citizens, the sultan has transformed Oman from an impoverished country to one with modern physical and financial infrastructure and social services, public utilities, health, and education on par with Western countries. Annual income per Omani is around $10,000, while women enjoy political rights and important positions in commerce, industry, and the professions.

The government revised election procedures for the Majlis al-Shura, or consultative council, prior to July 2000 elections in order to overcome unspecified "irregularities" in prior elections. Changes included direct registration of candidates with provincial governors rather than with tribal leaders, and an increase in the number of Omanis allowed to vote from 50,000 to 175,000. In addition, those elected would automatically take their seats; in the past, the electorate voted for twice the number of candidates as council seats, and the government chose the council from among those candidates. Voter registration was low, however, with only 115,000 eligible voters registered, and the number of candidates dropped to around 600, about 17 percent fewer than in 1997 polls. Electoral apathy was attributed to concerns over job security – nominees must leave their jobs if elected – tribal loyalty, and the council's lack of authority.

Great Britain played a protective role in Oman between 1798 and 1951, when it formally recognized the sultanate's independence. Sultan Qabus took power in 1970 by overthrowing his father in a palace coup. A five-year rebellion by left-wing guerrillas opposed to the sultan's regime was crushed in 1975 with military assistance from Saudi Arabia, Jordan, Iran, and Pakistan. Since a formal ceasefire in 1976, the sultan, who rules by decree on the advice of a council of ministers, has faced little opposition.

In 1991 Sultan Qabus established a 59-seat Majlis al-Shura, selecting members from lists of nominees proposed by the country's 59 provinces. Membership was expanded to 80 seats in 1994 and to 82 in 1997. The council may comment or make recommendations on proposed government legislation, and particularly economic policy, but it has no legislative power. In December 1997, the sultan appointed 41 members, including four women, to the new Majlis al-Dawla, or council of state. This council's functions and responsibilities are unclear. Together, the two bodies comprise the Majlis Oman, or council of Oman.

Oman continues to pursue a policy of economic liberalization designed to attract foreign investment and develop non-oil sectors of the economy. In August, the government announced that it would increase the legal maximum level of foreign ownership in local companies from 49 percent to 70 percent, effective January 1, 2001. There was speculation that this level would be raised to 100 percent in financial sector businesses by 2003. Tax laws have been amended to bring the tax liabilities of businesses with foreign ownership into line with those of locally-owned firms. Natural gas, manufacturing, ports, and telecommunications have emerged as fledgling industries, but oil continues to account for 80 percent of export earnings and 40 percent of GDP. In October, Oman formalized its full membership in the World Trade Organization (WTO) as a developing nation. This classification extends the transition time for compliance with WTO rules.

Political Rights and Civil Liberties

Omanis cannot change their government democratically. The sultan has absolute power and rules by decree. The Majlis election in 2000 was somewhat fairer than past elections, although the government still chooses who among Omanis may vote. There are no political parties or other formal democratic institutions. Citizens may petition the government indirectly through their local governors to redress grievances, or may appeal directly to the sultan during his annual three-week tour of the country.

The Basic Law, Oman's first de facto written constitution, was promulgated by Sultan Qabus in 1996. In theory, it provides for an independent judiciary, due process, freedom of the press and of assembly, and prohibitions against discrimination on the basis of sex, ethnicity, race, religion, or social class. In reality, many of the laws and regulations required to implement these provisions have not been enacted.

The judiciary is subordinate to the sultan, who appoints all judges and has the final say on all rulings. Magistrate courts handle misdemeanors and criminal cases, and Sharia (Islamic law) courts handle personal status cases involving divorce and inheritance. A state security court handles matters of national security, and criminal cases as deemed necessary by the government. Security court defendants may not have counsel present and proceedings are not made public. The criminal code does not outline due process rights, though defendants are presumed innocent and do in fact enjoy some procedural safeguards. There are no jury trials; a single judge tries misdemeanors; a panel of three judges tries felonies and security offenses. Defendants in national security or serious felony trials may not appeal. Oman introduced the death penalty for drug smuggling and production in 1999.

Police are not required to obtain warrants prior to making arrests and do not always respect legal procedures for pretrial detention. Security forces reportedly abuse detainees, but the practice is not widespread.

Criticism of the sultan is prohibited, although authorities do tolerate criticism of government officials and policies. The 1984 Press and Publication Law provides for censorship of all domestic and imported publications. However, journalists generally censor themselves to avoid harassment. Radio and television are government-controlled and offer only official views. Satellite dishes are widely available, giving citizens access to foreign broadcasts including Al-Jazeera, a popular Qatar-based television channel that provides lively political debate and uncensored interviews with regional opposition activists. Uncensored Internet access is available to citizens and foreigners; there were reportedly 50,000 Omanis online as of March 2000.

All public gatherings must be government-approved, though this rule is not always strictly enforced. Omanis rarely stage protests, but in October some 200 university students demonstrated in solidarity with Palestinians during clashes between Israeli soldiers and Palestinians in the West Bank and Gaza. The demonstration ended peacefully. All associations must be registered with the government, and independent political groups and human rights organizations do not exist.

Islam is the state religion. Most Omanis are Ibadhi or Sunni Muslim, but there is a Shiite minority as well as small communities of Hindu and Christian citizens. Mosque sermons are monitored by the government for political content. Omani children must attend schools that provide instruction in Islam. Noncitizens, who are mainly immigrant workers from South Asia, are free to worship at churches and temples, some of which are built on land donated by the sultan. Non-Muslims may not proselytize Muslims, and non-Muslim groups may not publish religious material in the country. According to the U.S. State Department, relations between religious communities are amicable and religious discrimination is not a problem.

Despite noticeable gains in education and career opportunities, particularly for younger women, Omani women face discrimination in public and private life. According to the ministry of education, nearly 90 percent of girls eligible for elementary school enroll and roughly half the students at Sultan Qabus University are women. Women make up some 20 percent of civil servants and hold senior management posts in more than half of the top ten trading families in Oman. Women were allowed to vote and to stand in Shura council elections in 1994. However, traditional social pressures keep many women from taking part in public life. Sharia favors men in matters of family-related law such as inheritance, and a woman must have the permission of a male relative to travel abroad. Female genital mutilation is practiced in some rural areas.

There are no trade unions and no provisions for them under law. Employers of more than 50 workers must form a body of labor and management representatives to discuss working conditions. These committees may not negotiate wages. Strikes are illegal and do not occur. Foreign workers constitute at least 50 percent of the workforce and some 80 percent of the modern-sector workforce. Child labor is not widespread.