Section 2. Respect for Civil Liberties, Including:
The law provides for limited freedom of speech and press, but authorities did not always respect these rights. Journalists and writers exercised self-censorship.
Freedom of Speech: The law prohibits criticism of the sultan in any form or medium, as well as any “provocative propaganda to undermine the prestige of the state,” electronic communication that “might prejudice the public order or religious values,” and “defamation of character.” Therefore, it is illegal to insult any public official or private citizen. Authorities have prosecuted individuals for writing about the sultan in a way the government perceived to be negative. In January 2018 the government issued a new penal code that generally increased maximum penalties for crimes related to “undermining the state.” International human rights organizations expressed concern that the penal code contains vaguely defined articles that the security services could use to target activists and further restrict freedom of expression, including online.
Authorities reportedly used intimidation to discourage some activists from calling for reforms or writing about the country’s political situation following the death of Sultan Qaboos, a human rights organization said in January. According to the report, one activist living in exile said that he and members of his family in Oman received threats from Omani officials, who instructed his family to prevent him from posting anything on social media.
In July the sultan reportedly pardoned four exiled Omani political activists, social media and press sources said, although no official government channel released information regarding these pardons. Two of the reported pardon recipients returned to Oman and professed loyalty to the sultan in social media videos. Press reports alleged that the activists who returned also agreed to limit their social media engagement.
In April authorities postponed indefinitely due to COVID-19 the trial of Musallam al-Ma’ashani, according to a human rights organization that reported on this matter. In November 2019 human rights organizations reported that authorities arrested al-Ma’ashani at the Sarfait border crossing upon his return from Yemen. These groups and social media users claimed authorities arrested al-Ma’ashani for printing a book documenting tribal activities in Dhofar, which he intended to submit to the Ministry of Information for display at the 2020 Muscat International Book Fair. According to social media posts, authorities later released al-Ma’ashani in November on bail after approximately two weeks in detention.
Freedom of Press and Media, Including Online Media: Media did not operate freely. Authorities tolerated limited criticism in privately owned newspapers and magazines; however, editorials generally were consistent with the government’s views. Although mainstream social debate occurred in traditional and social media (especially on Twitter), the government and privately owned radio and television stations did not generally broadcast political material criticizing the government.
Courts issued fines and prison sentences and ordered the confiscation of several individuals’ phones for disseminating rumors and messages violating public order, the Supreme Committee on COVID-19 announced in April.
Authorities required journalists to obtain a license to work; freelance journalists were ineligible for a license.
Violence and Harassment: Some journalists reported harassment by high-level government officials for printing stories perceived as critical of their particular ministries.
Censorship or Content Restrictions: Headlines in both public and private media print outlets were subject to an official nontransparent review and approval process before publication. Journalists and writers exercised self-censorship. The law permits the Ministry of Information to review all media products including books produced within or imported into the country. The ministry occasionally prohibited or censored material from domestic and imported publications viewed as politically, culturally, or sexually offensive. There was only one major publishing house in the country, and publication of books remained limited. The government required religious groups to notify the Ministry of Endowments and Religious Affairs before importing any religious materials. The government confiscated or prohibited more than 20 books during the country’s annual state-run Muscat International Book Fair, human rights organizations said in February.
Libel/Slander Laws: Libel is a criminal offense, which allows for up to one year’s imprisonment.
National Security: The government prohibited publication of any material that “undermines the prestige of the state.”
The law restricts free speech exercised via the internet, and the government enforced these restrictions. The law allows authorities to prosecute individuals for any message that “violates public order and morals” sent via any medium. The law details crimes that take place on the internet that “might prejudice public order or religious values” and specifies a penalty of between one month and a year in prison. Authorities could apply the law against bloggers and social media users who insult the sultan. Authorities placed individuals who abused social media in custody for up to two weeks and provided them with “advice and guidance,” the OHRC said in September.
In June police arrested and detained Awadh al-Sawafi, an activist and blogger, for social media posts in which he criticized the government for threatening citizens, according to human rights organizations. Reports said that a court issued al-Sawafi a suspended one-year prison sentence and banned him from using social media for one year.
In June a court of appeals sentenced a citizen to three years’ imprisonment, confiscated the defendant’s phone, and closed his Twitter account for “provoking and inciting hatred and division among the country’s population,” according to the Public Prosecution.
Human rights observers expressed concern that the country’s new Cyber Defense Center, established in June under the Internal Security Service, would further compromise internet freedom and freedom of expression.
Authorities monitored the activities of telecommunications service providers and obliged them to block access to numerous websites considered pornographic, or culturally or politically sensitive. Authorities sometimes blocked blogs as well as most VoIP technologies, but in March the TRA lifted its ban on VoIPs such as Skype, Google Meet, Zoom, and WebEx during what the TRA called the “exceptional period” of COVID-19.
Social media users exercised self-censorship and shared warnings exhorting users to follow local laws and regulations.
The government restricted academic freedom and cultural events. Academics largely practiced self-censorship. Colleges and universities were required to have permission from the Ministry of Foreign Affairs and the Ministry of Higher Education before meeting with foreign diplomatic missions or accepting money for programs or speakers.
The government censored publicly shown films, primarily for sexual content and nudity, and placed restrictions on performances in public venues. The law also forbids dancing in restaurants and entertainment venues without a permit.
The government restricted freedoms of peaceful assembly and association. Human rights organizations expressed concern that overly broad provisions in the penal code could further restrict the work of human rights activists and limit freedoms of peaceful assembly and association.
The law provides for limited freedom of assembly, but the government restricted this right. Under the penal code, gatherings of 10 or more persons in a public place are unlawful if they “endangered the public security or order” or “influenced the function of authorities.”
The law provides for freedom of association for undefined “legitimate objectives and in a proper manner.” Examples of such associations include registered labor unions and social groups for foreign nationalities.
The government limited freedom of association by prohibiting associations whose activities it deemed “inimical to the social order” or otherwise inappropriate. Citizens joining groups deemed harmful to national interests could be subject to revocation of citizenship.
Associations must register with their corresponding ministries, which approve all associations’ bylaws and determine whether a group serves the interest of the country. The time required to register an association ranged from two months to two years. Approval time varied based on the level of preparedness of the applying organization, the subject matter of the organization, its leadership, and the organization’s mission. The law limits formal registration of nationality-based associations to one association for each nationality and restricts activities of such associations. The government sometimes denied permission for associations to form.
The penal code forbids associations from conducting any kind of fundraising without government approval, including for charitable causes. Individuals convicted of accepting unlawful funding for an association may receive up to one year in jail. Foreign diplomatic missions are required to request meetings with nongovernmental associations through the Ministry of Foreign Affairs by diplomatic note. Associations may not meet with foreign diplomatic missions and foreign organizations without prior approval from the Ministry of Foreign Affairs. The government enforced this law, and all foreign-funded educational and public diplomacy programs required prior government review.
d. Freedom of Movement
The law provides for freedom of internal movement and repatriation, and the government generally respected these rights. Citizens could generally travel freely outside the country, although this right is not codified.
In-country Movement: There are no official government restrictions on internal travel for any citizen. The government must approve on a case-by-case basis official travel by foreign diplomats to the Dhofar and Musandam regions. There were reports many foreign domestic employees had their passports confiscated by employers, who sponsor the foreign workers, even though the law prohibited this practice.
Employers have a great amount of control over these workers, particularly domestic workers who are not covered by existing labor laws. The country’s visa-sponsorship system (kafala) ties migrant workers to their employers and prevents them from changing jobs without their sponsor’s consent. Migrant workers generally cannot work for a new employer in the country within a two-year period without the permission of their current employer, even if they complete their contract. Employers can have a worker’s visa canceled arbitrarily. Workers who leave their jobs without the consent of their employer can be punished with fines, deportation, or reentry bans. In May, however, the ROP issued a decision that as of January 1, 2021, expatriates would no longer require a “no-objection certificate” to secure new work upon completion or termination of their employment contracts.
Foreign Travel: Foreign workers must obtain exit permits from their employer to leave the country legally. Exit permits may be denied when there is a dispute over payment or work remaining, leaving the foreign citizen in country with recourse only through local courts. In theory courts provided recourse to workers denied exit permits, but the process was opaque with domestic workers consistently alleging that existing dispute resolution mechanisms were inadequate to protect them.
The government generally did not allow asylum seekers to remain in the country. Office of the UN High Commissioner for Refugees (UNHCR) personnel occasionally visited the country but did not maintain an office or personnel locally. The Committee for International Humanitarian Law considers issues of refugees and displaced persons, according to the OHRC.
Abuse of Migrants, Refugees, and Stateless Persons: The country has a large number of female migrant workers from Bangladesh, India, Nepal, Nigeria, Pakistan, the Philippines, Sri Lanka, Tanzania, and Uganda, many of whom are employed as domestic workers. Nongovernmental organizations based outside the country and embassies of labor-sending countries alleged that domestic workers faced maltreatment, to include physical, sexual, and psychological abuse. The law criminalizes slavery and trafficking, and the government was making efforts to combat trafficking. Although forced labor is punished under the labor law, domestic workers are excluded from the law’s protections. In 2019 courts convicted seven individuals for human trafficking crimes. For the first time, the government convicted two Omani nationals of trafficking.
Refoulement: The government did not provide comprehensive protection to asylum seekers from involuntary returns to countries where their lives or freedom could be threatened, subjecting them to the possibility of refoulement. Tight control over the entry of foreigners effectively limited access to protection for asylum seekers.
Access to Asylum: The law provides for the granting of asylum or refuge for displaced persons, and the government has established a system for providing protection. The ROP’s system for granting asylum and resettlement was not transparent, and the law does not specify a timeframe in which the ROP must adjudicate an asylum application. It was policy not to recognize refugees from conflict zones such as Yemen, although the government provided temporary medical care to certain Yemeni citizens. In practice there are no substantive legal protections for asylum seekers in the country.
Temporary Protection: The government provided emergency medical care to certain Yemeni citizens who demonstrated they could not receive adequate care in Yemen. These Yemenis and one accompanying family member per patient were offered status in Oman during the treatment period.
Under the law citizenship is passed only through the father. Therefore, children born to foreign fathers and Omani citizen mothers in Oman were at risk of statelessness.