Distr.

GENERAL

CRC/C/15/Add.161
6 November 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Oman.
06/11/2001.

CRC/C/15/Add.161.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-eighth
session

CONSIDERATION OF REPORTS
SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION

Concluding observations of the Committee on the
Rights of the Child: Oman

1. At its 727th and 728th meetings (see
CRC/C/SR.727 and 728), held on 27 September 2001, the Committee on the Rights of
the Child considered the initial report of Oman (CRC/C/78/Add.1), which was
received on 5 July 1999, and adopted at the 749th meeting, held on 12 October
2001 (CRC/C/SR.749), the following concluding observations.

A.
Introduction

2. The Committee notes that the initial State
party report was prepared according to the Committee's guidelines for reporting.
It notes the timely submission of the informative written answers. The Committee
further notes with appreciation the presence of a high-level and cross-sectoral
delegation, which contributed to a frank and open dialogue.

B. Positive
aspects

3. The Committee notes that the consideration of
the initial report of Oman marked the first occasion that the State party had
appeared before a human rights treaty body.

4. The Committee appreciates that the State
party has achieved most of the goals of the World Summit for Children, including
reductions in infant and under-5 mortality, an annual immunization rate of
almost 98 per cent, high primary and secondary school enrolment, and near parity
in school enrolment between girls and boys.

5. The Committee notes the high level of
commitment to health care, as evidenced by its having been ranked eighth in the
world for its overall health system performance (WHO, World Health Report 2000). It welcomes information on salt iodization and flour
fortification programmes, pre-marriage screening for HIV/AIDS and congenital
diseases, and the introduction of the Integrated Management of Childhood Illness
(IMCI) strategy.

6. The Committee welcomes:

(a) The introduction of basic education reform,
which includes the adoption of a child-centred approach to learning;

(b) The State party's ratification of the ILO
Worst Forms of Child Labour Convention, 1999 (No. 182); and

(c) The introduction of the new system for
reporting child abuse and neglect.

C. Factors and difficulties
impeding the implementation of the Convention

7. The Committee acknowledges that sparse
settlement patterns, especially in rural and remote regions of the country, may
be factors impeding the implementation of some provisions of the
Convention.

D. Principal subjects of
concern and recommendations

1. General measures of implementation

Reservation

8. The Committee welcomes information that the
State party is re-examining its reservations to articles 7, 9, 21 and 30 of the
Convention. While noting difficulties that the State party may have, the
Committee is nevertheless concerned that its reservation to article 14 is not
included in this re-examination.

9. The
Committee recommends that the State party:

(a) Expeditiously complete its re-examination of
its reservations to articles 7, 9, 21 and 30 of the Convention with a view to
withdrawing them in accordance with the Vienna Declaration and Plan of Action of
the World Conference on Human Rights (1993);

(b) Study its reservation to article 14 with a
view to narrowing it, taking account of the Human Rights Committee's general
comment No. 22 on freedom of thought, conscience and religion.

Legislation

10. While noting various legislative measures
already taken or proposed with respect to child rights (e.g. 1999 Civil Status
Law, 1999 Criminal Procedure Law, draft Juveniles Law), the Committee is
concerned that they do not sufficiently reflect a comprehensive rights-based
approach to the implementation of the Convention.

11. The
Committee recommends that the State party:

(a) Undertake a comprehensive review of existing
legislation from a rights-based approach, to ensure its conformity with the
principles and provisions of the Convention; and

(b) Consider the adoption of a comprehensive
children's code, which would incorporate the principles and provisions of the
Convention.

Coordination

12. The Committee welcomes information that the
Omani Child Rights Committee, under the National Committee for Child Care
(NCCC), has been reactivated with the aim of improving the implementation of the
Convention. However, it is concerned at the lack of a comprehensive plan of
action to implement the Convention.

13. The
Committee recommends that the State party:

(a) Pursue the preparation and development of a
comprehensive rights-based national plan of action for the implementation of the
Convention, through an open, consultative and participatory process; and

(b) Ensure that the NCCC, particularly the Child
Rights Committee, is provided with adequate human and financial
resources.

Cooperation with civil society

14. Noting good cooperation in the development
and welfare sectors between the Government and national associations, bilateral
aid agencies, international organizations and NGOs, the Committee is concerned
that insufficient efforts have been made to involve civil society, particularly
in the area of civil rights and freedoms, with respect to awareness-raising and
in the implementation of the Convention.

15. The
Committee recommends that the State party:

(a) Develop a systematic approach to involving
civil society, especially children's associations, throughout all stages in the
implementation of the Convention, in particular with respect to civil rights and
freedoms; and

(b) Ensure that legislation regulating NGOs
conforms to article 15 of the Convention and international standards on freedom
of association, as a step in facilitating and strengthening their
participation.

Data collection

16. The Committee notes that the State party has
developed an efficient, nationwide system of data collection in the area of
health and welcomes information that efforts are under way to establish a
comprehensive database for children within an overall social database.

17. The
Committee encourages the State party:

(a) To continue its efforts and ensure that
disaggregated data are collected on all persons under 18 years for all areas
covered by the Convention, including the most vulnerable groups (i.e.
non-nationals, children living in remote areas, children with disabilities,
children of economically disadvantaged households, etc.), and that these data
are used to assess progress and design policies to implement the Convention;
and

(b) To seek technical assistance from, among
others, UNICEF.

Monitoring structures

18. The Committee is concerned at the absence of
an independent mechanism with a mandate regularly to monitor and evaluate
progress in the implementation of the Convention and which is empowered to
receive and address complaints.

19. The
Committee recommends that the State party:

(a) Establish an independent national human
rights institution in accordance with the Principles relating to the status of
national institutions for the promotion and protection of human rights (General
Assembly resolution 48/134) to monitor and evaluate progress in the
implementation of the Convention at the national and at the local levels. This
institution should be accessible to children and empowered to receive and
investigate complaints of violations of child rights in a child-sensitive manner
and to address them effectively; and

(b) Seek technical assistance from, among
others, OHCHR and UNICEF.

Resource allocation

20. The Committee notes significant investment
in and increased budgetary allocations for health, education and other parts of
the social sector, and welcomes information that the State party's budget
categorization system will be modified so that allocations for children may be
more easily ascertained.

21. The
Committee recommends that the State party:

(a) Continue and strengthen its efforts to
allocate available resources - human and financial - to the maximum extent to
health, education, culture and other social services;

(b) Undertake similar efforts to ensure full
implementation of the Convention; and

(c) Systematically assess the impact of
budgetary allocations on the implementation of child rights.

Training/dissemination of the Convention

22. The Committee is concerned that awareness of
the Convention amongst professionals working with and for children and the
general public, including children themselves, remains low. The Committee is
concerned that the State party is not undertaking adequate dissemination,
awareness-raising and training activities in a systematic and targeted
manner.

23. The
Committee recommends that the State party:

(a) Develop an ongoing programme for the
dissemination of information on the Convention and its implementation among
children and parents, civil society, all sectors and levels of government and
the Council of Oman, including initiatives to reach those vulnerable groups who
are illiterate or without formal education;

(b) Develop systematic and ongoing human rights
training programmes, that include children's rights for all professional groups
working for and with children (e.g. judges, lawyers, law enforcement officials,
civil servants, local government officials, personnel working in institutions
and places of detention for children, teachers and health personnel); and

(c) Seek assistance from, among others, OHCHR
and UNICEF.

2. General
principles

Non-discrimination

24. Noting significant achievements with regard
to the status of women, the Committee is nevertheless concerned that
discrimination contrary to article 2 of the Convention persists in the State
party. In particular, the Committee is concerned about discrimination against
females and children born out of wedlock under the 1997 Personal Status Law and
that, according to the 1999 Civil Status Law, a birth out of wedlock is
indicated in the birth register.

25. In
accordance with article 2 of the Convention, the Committee recommends that the
State party:

(a) Undertake all possible measures to reconcile
fundamental human rights with Islamic texts;

(b) Take effective measures, including enacting
or rescinding legislation where necessary, to prevent and eliminate
discrimination on grounds of sex and birth in all fields of civil, economic,
political, social and cultural life;

(c) Take all appropriate measures, such as
comprehensive public education campaigns, to prevent and combat negative
societal attitudes in this regard, particularly within the family; and

(d) Train members of the legal profession,
especially the judiciary, to be gender-sensitive. Religious leaders should be
mobilized to support such efforts.

26. The Committee is concerned at the
disparities in the enjoyment of economic and social rights, particularly the
rights to health and education, experienced by non-national children and
children living in rural areas, such as al-Wusta.

27. The
Committee recommends that the State party:

(a) Take all necessary measures to ensure that
all children within its jurisdiction enjoy all the rights set out in the
Convention without discrimination, in accordance with article 2;

(b) Continue to prioritize and target resources
and social services for children belonging to the most vulnerable groups,
especially in areas which lack basic services; and

(c) Consider ratifying the International
Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families.

28. The
Committee requests that specific information be included in the next periodic
report on the measures and programmes relevant to the Convention on the Rights
of the Child undertaken by the State party to follow up on the Declaration and
Programme of Action adopted at the 2001 World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, and taking account of the
Committee's general comment No. 1 on article 29.1 of the Convention on the aims
of education.

Best interests of the child

29. The Committee is concerned that in actions
concerning children, the general principle of the best interests of the child
contained in article 3 of the Convention is not always a primary consideration,
such as in matters relating to family law.

30. The
Committee recommends that the State party review its legislation and
administrative measures to ensure that article 3 of the Convention is duly
reflected therein and that this principle is taken into account when
administrative, policy, court or other decisions are made.

Respect for the views of the child

31. The
Committee is concerned that traditional attitudes towards children in society
may limit respect for their views, especially within the family and
schools.

32. The
Committee recommends that the State party:

(a) Continue to promote and facilitate within
the family, the school, institutions, the courts and administrative bodies
respect for the views of children and their participation in all matters
affecting them, in accordance with article 12 of the Convention;

(b) Develop skills-training programmes in
community settings for parents, teachers, social workers and local officials so
that they can learn how to help children to express their informed views and
opinions and to take those views into consideration; and

(c) Seek assistance from, among others,
UNICEF.

4. Civil rights and
freedoms

Nationality

33. The Committee is concerned that the
Nationality Law does not grant citizenship to children of Omani women married to
non-nationals, as it does where the father is Omani.

34. The
Committee recommends that the State party ensure the right of all children to a
nationality, without discrimination on the grounds of either parent's sex, in
accordance with articles 2 and 7 of the Convention.

5. Family environment and
alternative care

Violence/abuse/neglect/maltreatment

35. The Committee welcomes the introduction of
the new system for reporting incidents of child abuse and neglect and the
establishment of the Family Counselling and Guidance Department. However, the
Committee remains concerned that there is insufficient information and awareness
in Oman of the ill-treatment and abuse of children within the family and
institutions.

36. The
Committee recommends that the State party:

(a) Conduct a study to assess the nature and
extent of ill-treatment and abuse of children, and design policies and
programmes to address it;

(b) Take legislative measures to prohibit all
forms of physical and mental violence, including corporal punishment and sexual
abuse of children in the family and in institutions;

(c) Carry out public education campaigns about
the negative consequences of ill-treatment of children, and promote positive,
non-violent forms of discipline as an alternative to corporal punishment;

(d) Ensure that the new reporting system can
effectively receive, monitor and investigate complaints, and that the
authorities can intervene where necessary;

(e) Investigate and prosecute cases of
ill-treatment, ensuring that the abused child is not further victimized in legal
proceedings and that his/her privacy is protected;

(f) Provide care, recovery and reintegration for
victims;

(g) Train teachers, law enforcement officials,
care workers, judges and health professionals in the identification, reporting
and management of ill-treatment cases; and

(h) Seek assistance from, among others, UNICEF
and WHO.

6. Basic health and
welfare

Right to health and health care

37. Noting significant achievements in the
reduction of infant and child mortality, and the high levels of immunization
coverage, the Committee is concerned that:

(a) Malnutrition affects about 25 per cent of
children under 5;

(b) Thirty per cent of pregnant women and 20 per
cent of children under 5 still suffer from anaemia;

(c) Thirty-nine per cent of breastfeeding
mothers have vitamin A deficiency; and

(d) Ten per cent of school-age children suffer
from mild to moderate iodine deficiency disorders.

38. The
Committee recommends that the State party:

(a) Make greater efforts to address these issues
through continued allocation of the required resources;

(b) Strengthen health and nutrition education
such as through public-information campaigns and its inclusion in the curricula;
and

(c) Seek assistance from UNICEF and WHO.

Adolescent health

39. The Committee is concerned that insufficient
information is available in relation to adolescent health, such as access to
reproductive health services and mental health counselling services.

40. The
Committee recommends that the State party:

(a) Ensure that adolescents have access to and
are provided with education on reproductive health and other adolescent health
issues, including mental health, as well as with child-sensitive and
confidential counselling services;

(b) Strengthen efforts in the area of adolescent
health education within the educational system; and

(c) Seek assistance from, among others, UNICEF
and WHO.

Children with disabilities

41. The Committee welcomes information that a
national committee on disability has been formed, a new medical and social care
unit under the Centre for Care and Rehabilitation of the Disabled has been
established to cater for the needs of severely disabled children, and that three
new Al-Wafa Social Centres for Disabled Children have been established. However,
the Committee is concerned that children with disabilities, in general, have
inadequate access to specialized services and education, and that there is
insufficient support for families.

42. The
Committee recommends that the State party:

(a) Conduct a survey to assess the causes and
extent of disability among children;

(b) Review existing policies and practice in
relation to children with disabilities, taking due regard of the Standard Rules
on the Equalization of Opportunities for Persons with Disabilities (General
Assembly resolution 48/96) and of the Committee's recommendations adopted at its
day of general discussion on "Children with disabilities" (see CRC/C/69);

(c) Involve children with disabilities and their
families in the development of surveys and policy review;

(d) Undertake greater efforts to make available
the necessary professional and financial resources;

(e) Undertake greater efforts to promote and
expand community-based rehabilitation programmes, including parent support
groups, and inclusive education of children with all forms of disability;
and

(f) Seek assistance from, among others, UNICEF
and WHO.

7. Education, leisure and
cultural activities

Education

43. Noting significant improvements in education
indicators, the Committee is concerned: that primary education is not
compulsory; at levels of drop-out and repetition at primary, preparatory and
secondary education levels, especially among boys; and at the quality of
teaching as a result of rapid Omanization in this sector.

44. The
Committee recommends that the State party:

(a) Ensure that primary education is made
compulsory by law;

(b) Make greater efforts to address drop-out and
repetition rates; and

(c) Allocate the required resources to address
the quality of teacher training.

45. The Committee is concerned that human rights
education, including about the Convention, is not included in the school
curricula.

46. The
Committee recommends that the State party, taking into account the Committee's
general comment No. 1 on the aims of education:

(a) Include human rights education, including
about children's rights, in the curricula, particularly with respect to the
development of and respect for human rights, tolerance and equality of the sexes
and religious and ethnic minorities; and

(b) Seek assistance from UNICEF and
UNESCO.

47. Noting that the Organizational Statutes of
the General Education Schools ban corporal punishment, the Committee remains
concerned that this issue is not effectively addressed.

48. The
Committee recommends that the State party raise awareness of the negative impact
of corporal punishment among teachers and other professionals working in
schools, and take other appropriate measures for its prevention and
elimination.

8. Special measures of
protection

Economic exploitation

49. The Committee welcomes the State party's
ratification of the ILO Worst Forms of Child Labour Convention, 1999 (No. 182).
It further welcomes information that Oman has introduced policies embodied in
this convention as well as ILO Recommendation No. 190, and that it is conducting
a review of legislation with a view to raising the minimum age of employment
from 13 to 16 years. However, the Committee is concerned about the lack of
information on child labour within the agricultural and domestic service
sectors.

50. The
Committee recommends that the State party:

(a) Undertake a national survey on the causes,
extent and impact of child labour;

(b) Implement the ILO Minimum Age
Recommendation, 1973 (No. 146) and the Worst Forms of Child Labour
Recommendation, 1999 (No. 190);

(c) Consider ratifying the ILO Minimum Age
Convention, 1973 (No. 138); and

(d) Seek assistance from, among others, the
ILO.

Camel racing

51. The Committee is seriously concerned at the
hazardous situation of children involved in camel racing. In particular it is
concerned that sometimes very young children are involved and that such
involvement produces serious injuries, even fatalities. It concurs with the ILO
Committee of Experts on the Application of Conventions and Recommendations which
has previously indicated that the employment of children as camel jockeys
constitutes dangerous work under article 3(1) of ILO Convention No. 138.

52. In
accordance with article 32 of the Convention and ILO Convention No. 182, which
the State party has ratified, the Committee recommends that the State
party:

(a) Take immediate and effective steps to ensure
the implementation of article 32 of the Convention and ILO Convention No. 182,
taking into account ILO Recommendation No. 190;

(b) Undertake efforts to develop a regional
initiative in this regard, including bilateral and multilateral cooperation;
and

(c) Seek assistance from the ILO.

Administration of juvenile justice

53. Noting the draft Juveniles Law, the
Committee is concerned that insufficient efforts have been made to secure its
speedy adoption.

54. The
Committee recommends that the State party:

(a) Establish a minimum age of criminal
responsibility in accordance with the principles and provisions of the
Convention;

(b) Ensure that a system of juvenile justice
fully integrates into its legislation and practice the provisions of the
Convention, in particular articles 37, 40 and 39, as well as other relevant
international standards in this area, such as the Beijing Rules, the Riyadh
Guidelines, the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty and the Vienna Guidelines for Action on Children in the Criminal
Justice System;

(c) Expedite the promulgation of the draft
Juveniles Law and ensure that adequate resources are allocated for its effective
implementation;

(d) Ensure that the deprivation of liberty is
only used as a measure of last resort, for the shortest possible time, is
authorized by the court, and that persons under 18 are not detained with
adults;

(e) Ensure that children have access to legal
aid and independent and effective complaints mechanisms;

(f) Consider alternative measures to deprivation
of liberty, such as probation, community service or suspended sentences;

(g) Train professionals in the area of
rehabilitation and social reintegration of children; and

(h) Seek assistance from, among others, OHCHR,
the Centre for International Crime Prevention, the International Network on
Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice
and Assistance on Juvenile Justice.

9. Optional
protocols

55. The
Committee encourages the State party to ratify the Optional Protocols to the
Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography, and on the involvement of children in armed
conflict.

10. Dissemination of
documents

56. Finally,
the Committee recommends that in accordance with article 44, paragraph 6, of the
Convention, the initial report presented by the State party be made widely
available to the public at large and that consideration be given to the
publication of the report along with the written answers to the list of issues
raised by the Committee, the relevant summary records of the discussion, and the
concluding observations adopted by the Committee following its consideration of
the report. Such a document should be widely distributed in order to generate
debate and awareness of the Convention and its implementation and monitoring
within the Government, the parliament and the general public, including
concerned non-governmental organizations.

©1996-2001
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland