Oman is an absolute monarchy in which all legislative, executive, and judiciary power ultimately rests in the hands of the hereditary sultan, and in which the system of laws is based firmly on rule by decree. Although a report by the U.S. State Department, based on conditions in 2010, summed up the human rights situation in the country by asserting that the government "generally respected the human rights of its citizens", several international human rights groups have described the state of human rights in Oman in highly critical terms. Article 41 of the Basic Statute of Oman criminalizes any criticism of the sultan, stating that "the sultan's person is inviolable and must be respected and his orders must be obeyed".
Freedom House has routinely rated the country "Not Free" and an official of Human Rights Watch, in a December 2012 overview of Oman and "five other smaller Gulf states," stated: "Human rights conditions...are quite poor overall....There is little respect for core civil and political rights such as freedom of expression, freedom of assembly, and association. Peaceful dissent typically faces harsh repression. The administration of justice is highly personalised, with limited due process protections, especially in political and security-related cases". A 2012 report by Bertelsmann Stiftung declared that while "Oman's legal code theoretically protects civil liberties and personal freedoms, both are regularly ignored by the regime. Oman, therefore, cannot be considered free."
On the other hand, Middle East Concern, in a 2011 report, claimed that Oman's recent human rights record had been generally good, citing adherence to proper arrest and judicial procedures and acceptable prison conditions, even as it acknowledged the limits on freedom of expression and assembly, academic freedom, and other restrictions.
In reaction to growing public demonstrations by protesters demanding greater freedom and human rights, Oman's already severe constraints on freedom of speech, assembly, and association have been tightened even further since early 2011.
Historical background Oman, whose population as of 2018 of 4.8 million includes about two million non-citizens, has been an independent sultanate since 1650 and has been governed by the Al Bu Sa'id family since the 18th century. Sultan Qaboos bin Said al Said, who attained power by overthrowing his father, ruled from 1970 to 2020 and "followed a path of careful and gradual development and modernization", eliminating many of the "harsh restrictions on various personal freedoms" that were enforced under his father's regime and granting amnesty to many of its opponents.
In 1996, Sultan Qaboos issued a royal decree promulgating the basic law, which is considered to be Oman's constitution. It guaranteed citizens' basic civil rights and established a bicameral legislature, the Council of Oman, consisting of an upper chamber, the State Council (Majlis al-Dawla), the 75 members of which are appointed by the sultan and have only advisory powers; and a lower chamber, the Consultative Council (Majlis al-Shura), which is elected by the people. Both chambers, however, are ultimately advisory in nature, with sole legislative, executive, and judicial power still resting entirely in the hands of the sultan.
Freedom from torture The practice of torture is widespread in Oman state penal institutions and has become the state's typical reaction to independent political expression. Torture methods in use in Oman include mock execution, beating, hooding, solitary confinement, subjection to extremes of temperature and to constant noise, abuse and humiliation. There have been numerous reports of torture and other inhumane forms of punishment perpetrated by Omani security forces on protesters and detainees. Several prisoners detained in 2012 complained of sleep deprivation, extreme temperatures, and solitary confinement. Omani authorities kept Sultan al-Saadi in solitary confinement, denied him access to his lawyer and family, forced him to wear a black bag over his head whenever he left his cell, including when using the restroom, and told him his family had "forsaken" him and asked for him to be imprisoned.
Abductions and arbitrary arrests
In 2012, armed security forces arrested Sultan al-Saadi, a social media activist. According to reports, authorities detained him at an unknown location for one month for comments he posted online critical of the government. Authorities previously arrested al-Saadi in 2011 for participating in protests and again in 2012 for posting comments online deemed insulting to Sultan Qaboos.
Talib Al Mamari, a former member of Oman’s Consultative Assembly (Majlis al-Shura), was arrested in August 2013 after participating in a peaceful protest in his province of Liwa against pollution from nearby petrochemical industries. He was charged with “harming the State’s prestige,” “obstructing traffic,” and “disturbing public order.” Initially sentenced to four years in prison, his sentence was later reduced to three years on appeal. He was released in May 2016 following a royal pardon.
International bodies, including the UN Working Group on Arbitrary Detention (WGAD), deemed his detention arbitrary and a violation of his right to freedom of expression. The WGAD's opinion highlighted that the broad interpretation of the charge “harming the State’s prestige” could infringe upon the rights to peaceful assembly and expression, as guaranteed by the Universal Declaration of Human Rights. Amnesty International also recognized Al Mamari as a prisoner of conscience, asserting that his arrest was politically motivated and based solely on his participation in a peaceful protest.
There were more reports of politically motivated disappearances in the country. In May 2012, security forces detained Ismael al-Meqbali, Habiba al-Hinai and Yaqoub al-Kharusi, human rights activists who were visiting striking oil workers. Authorities released al-Hinai and al-Kharusi shortly after their detention but did not inform al-Meqbali's friends and family of his whereabouts for weeks. Authorities pardoned al-Meqbali in March.
In December 2013, a Yemeni national disappeared in Oman after he was arrested at a checkpoint in Dhofar Governorate. Omani authorities refuse to acknowledge his detention. His whereabouts and condition remain unknown.
In January 2014, Omani intelligence agents arrested a Bahraini actor and handed him over to the Bahraini authorities on the same day of his arrest. The actor has been subjected to a forced disappearance, his whereabouts and condition remain unknown.
In August 2014, The Omani writer and human rights defender Mohammed Al-Fazari, the founder and editor-in-chief of the e-magazine Muwatin "Citizen", disappeared after going to the police station in the Al-Qurum district of Muscat. For several months the Omani government denied his detention and refused to disclose information about his whereabouts or condition. On 17 July 2015, Al-Fazari left Oman seeking political asylum in UK after a travel ban was issued against him without providing any reasons and after his official documents including his national ID and passport were confiscated for more than 8 months. There were more reports of politically motivated disappearances in the country.
According to Amnesty International annual report 2016, The authorities continued restricting freedom of expression. Many journalists and activists were arrested under penal code provisions which criminalize insulting the Sultan. In March 2015, Talib al-Saeedi, online activist, was arrested for three weeks without charge. Days after, a court sentenced Saeed al-Daroodi, blogger, to one year in prison and a fine; convicting him of “trying to overthrow the government” and “spreading hate”.
According to a report,ANHRI Calls For the Release of Omani Poet Nasser Al-Badri on 20 December 2015, poet and television producer Nasser al-Badri was summoned by the Police Special Section and detained for 12 days without charge and without trial. The report added that the Omani Observatory for Human Rights said that al-Badri was detained because of tweets he posted criticising Sultan Qaboos and the state of the country's economy.
National Human Rights Commission of Oman The National Human Rights Commission, established in 2008, is not independent from the regime. It is chaired by the former deputy inspector general of Police and Customs and its members are appointed by royal decree. In June 2012, one of its members requested that she be relieved of her duties because she disagreed with a statement made by the Commission justifying the arrest of intellectuals and bloggers and the restriction of freedom of expression in the name of respect for “the principles of religion and customs of the country”.
Democratic rights The Omani government is a monarchy. The sultan is the leader of the country and serves as the country's chief of state and head of government. The monarchy is hereditary and the monarch's cabinet is appointed by him.
Citizens of Oman can vote for members of the Parliament. The members are elected by popular vote to serve four-year terms. The Consultative Assembly of Oman enjoys legislative and audit powers. The country has universal suffrage for people 21 years of age and older; however, members of the military and security forces are not allowed to vote.
Basic rights The Basic Law forbids discrimination founded on "gender, origin, color, language, religion, sect, domicile, or social status." Oman's government does not commit arbitrary killings, engineer forced disappearances, or engage in torture or other cruel punishments. Laws against corruption are effectively enforced. The public has no access to official information. Since 2006, citizens of Gulf Cooperation Council countries are permitted to own property in Oman; non-GCC citizens can only own tourist properties.
Although Islam is Oman's state religion, the Basic Law guarantees the "freedom to practice religious rites in accordance with recognized customs...provided that it does not disrupt public order or conflict with accepted standards of behavior." Freedom House declared in 2005 that "Oman is, overall, a religiously tolerant society," noting that while non-Muslims "are able to practice their religious rites freely, they are required to register with the government and may not proselytize or publish religious materials." The U.S. State Department's International Religious Freedom Report for 2011 notes that non-Muslim communities in Oman "are allowed to practice their beliefs without interference only on land specifically donated by the sultan for the purpose of collective worship." While "gatherings of a religious nature are not allowed in private homes or in any location other than government-approved houses of worship," Oman's government "has not actively enforced the prohibition".
Freedom of movement within Oman and repatriation are permitted, but it can be difficult to obtain permission to travel abroad or emigrate. Only since 2010 have married women been able to secure passports without their husbands' consent. Citizens require government permission to marry foreigners unless the latter are citizens of Gulf Cooperation Council countries. Permission is not always granted. If a citizen marries a foreigner abroad without approval, the foreign spouse may be denied entry into Oman and any children of the marriage may be denied citizenship of Oman.