Gender Equality in Oman

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Oman
flag_Oman.png
Flag of Oman
Population (in Mil.) 2.85
Gross Domestic Product (In USD Billions - WB) 71.78
Sex Ratio (m/f) 1.23
Life Expectancy Ratio (f/m) 1.044
Fertility Rate 2.87
Income Ratio (f/m) 0.23
Literacy Ratio (f/m) 0.87
Tertiary Enrolment Ratio (f/m) 1.38
Women in Parliament (in %) 2.4
INDICES
Human Development Index 89/169
Social Institutions and Gender Index - /86
Gender Inequality Index - /138
Gender Equity Index 142/157
Women’s Economic Opportunity Index 80/113
Global Gender Gap Index 122/134
More information on variables

Contents

Social Institutions

Oman is the oldest independent state in the Arab region, having expelled Portuguese colonisers in 1650.[1] Oman is a monarchy, and the Sultan rules by decree; the current Sultan has been in power since 1970, and has introduced an expansive programme of reform and modernisation, within which women were active and visible participants.[2] Classed by the World Bank as a high-income country, Oman’s economy is dependent on oil, agriculture and fishing, and tourism.[3] The majority of the population are Ibadhi Muslim.[4] Oman also has a large expatriate population – including a large number of female migrant domestic workers – who are not protected by legislation applicable to Omani citizens.[5] In 2011, demonstrations took place in the capital, calling for political reforms, and job creation.[6]

Despite increased participation in education and employment in comparison to some other countries in the region, Oman’s patriarchal culture and conservative religious norms serve to limit women’s rights and opportunities, leading to de facto and de jure discrimination against women in all areas of life.[7] In addition, many women in Oman remain ignorant of what legal protection they are entitled to receive.[8] That said, in recent years, women have begun to play a more prominent role in public life, including in the political sphere and in decision-making positions.[9]

Oman’s Basic Law prohibits discrimination on the basis of gender at article 17.[10] Sharia law is recognised as the source of all legislation, and all civil courts have a Sharia department, which deals with matters relating to the personal status law.[11] Oman ratified the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) in 2006, but has not yet ratified the Optional Protocol.[12] The country lodged a general reservation to all provisions in CEDAW not in accordance with Sharia law, and specifically made reservations against Article 9, paragraph 2 (granting women rights equal to men in respect to deciding their children’s nationality), Article 15, paragraph 4 (granting women equal freedom of movement and choice of domicile as men), Article 16, paragraph 1 (granting women equal rights regarding marriage and family life), and Article 29 (regarding arbitration of conflicts arising from the convention).[13] Oman is ranked 89th under the 2011 Human Development Index (HDI) with a score of 0.705.[14] The Gender Inequality Index score is 0.309 placing it at 49 out of 146 countries with data.[15] Oman is ranked in 127th place in the 2011 Global Gender Gap Index, with a value of 0.5873.[16]

Discriminatory Family Code

Family matters are governed by a Personal Status Law, which is based on Sharia law and assigns men and women different rights and responsibilities.[17] The Personal Status Law states that non-Muslims are able to follow their own religious laws in regard family matters.[18] The government reported to the Committee on the Rights of the Child in 2000 that the Personal Law stipulates that the age of marriage should not be less than 18 years for both males and females. However, a judge can permit a marriage for a person under 18 if there is proof that it is in the minor’s interest.[19]

According to data held by the UN from 2003, 4.2% of girls aged 15-19 were married, divorced or widowed[20] (compared to 15.5% in 1995[21] ), and secondary education appears to be a strong variable in delaying marriage.[22] Muslim women are forbidden to marry non-Muslim men unless they convert; the reverse does not apply to Muslim men.[23] In addition, both women and men need official permission to marry non-citizens.[24] Beyond these restrictions, Omani women are free to choose their own marriage partners, but are expected to obtain their family’s approval before marrying.[25] Marriage appears to be virtually universal.[26]

Sharia law supports polygamy, allowing Muslim men to take up to four wives.[27] There is no up-to-date data regarding the number of women in polygynous (i.e. one husband, several wives) relationships. In Oman, fathers and husbands are traditionally and legally considered to be the heads of household.[28] In the event of divorce, fathers usually retain custody of the children, except in certain circumstances (e.g. if the mother is still breastfeeding).[29] Men have the right to repudiate, or divorce their wives unilaterally, whereas women are only able to initiate divorce in a narrow range of circumstances, for instance abandonment.[30] Women can also obtain a ‘khula’ divorce, whereby they can obtain a divorce unilaterally if they agree to forfeit their dowry and any future financial support.[31] Women married to non-Omani citizens are not able to transfer citizenship to their children.[32] As of 2006, the Committee on the Rights of the Child (CRC) noted that pregnancies outside of marriage are considered illegal in Oman, and children born to unmarried women are taken from their mothers and placed in alternative care, in order to ‘correct’ the woman’s immoral behaviour.[33] It appears that this practice is ongoing.[34]

Sharia law provides for detailed and complex calculations of inheritance shares.[35] Women may inherit from their father, mother, husband or children and, under certain conditions, from other family members.[36] However, their share is generally smaller than that to which men are entitled.[37] Female heirs, for example, inherit half as much as male heirs, unless a will has been left specifying otherwise.[38] It appears that women’s inheritance rights may not be respected, as according to al-Talei, writing in a 2010 report published by Freedom House, women are reluctant to bring inheritance cases to court, for fear of causing conflict within the family.[39]

Restricted Physical Integrity

There is no legislation in place in Oman specifically dealing with domestic violence.[40] Domestic violence goes unacknowledged in the media or in official reports, but is thought to be common, though incidents are rarely reported and there are no reliable statistics available as to prevalence.[41] According to al-Talei, there is no way to document complaints from victims, no methods that permit women to report violence confidentially and no facilities for women seeking refuge from violence.[42] Women are discouraged by societal pressure from seeking help outside the family in domestic violence cases, and prosecutions are very rare. Some limited assistance (in the form of counselling) is provided by the state-controlled Omani Women’s Association (OWA) to victims of domestic violence.[43] Rape is a criminal offence in Oman.[44] However, if a rape is reported, the victim may find that her actions are criminalised, as well as those of the perpetrator.[45] The law does not recognise the concept of spousal rape.[46] There is no legislation in place relating to sexual harassment, and al-Talei reports that women are often reluctant to report sexual harassment in the workplace, for fear of being blamed themselves for ‘immodest’ behaviour.[47] So-called ‘honour’ crimes occur in Oman, although it is unclear how prevalent they are. The law to some extent justifies these crimes by allowing for lower penalties when a crime is committed by a man in rage and/or in response to a wife or female relative’s involvement in an “unlawful” act (such as adultery).[48]

In 2008, Oman adopted a Law on Combating Human Trafficking, one of the few countries to do so in the region, however the country remains a destination and transit country for trafficking of women and men for sexual exploitation and forced labour.[49] The law was first used in 2009, when 11 men were convicted of trafficking women into the country for the purposes of forced prostitution; the victims involved in the case were provided with shelter by the government.[50] However, in general, the government does not provide any legal or material assistance to victims of trafficking, and it appears that this support is not provided from any other sources either.[51] There is also no system in place to identify victims of trafficking.[52] As elsewhere in the region, migrant domestic workers (most of whom are female), while not technically victims of trafficking, are often forced to endure extremely poor, virtually slave-like working conditions, may be denied freedom of movement, and are vulnerable to physical and sexual assault at the hands of their employers.[53]

While female genital mutilation (FGM) is not a common practice in the country, it is believed to occur among some communities, notably in the Dhofar and Al-Batinah regions.[54] At present, there is no specific legislation against FGM.[55] An awareness-raising campaign about the negative effects of FGM was launched by the government in 2008.[56]

Women in Oman have the right to use and obtain access about contraception.[57] Legally, it is unclear whether or not women in Oman are required to obtain permission from their husbands in order to access contraceptive services: the CEDAW committee reports that permission is not needed, while al-Talei reports that it is.[58] According to UNFPA, 32% of women reported using some form of contraception (including so-called ‘traditional’ methods).[59] Abortion is only available legally in cases where the pregnant woman’s life is in danger.[60]

Son Bias

Figures given in the 2010 UNFPA annual report indicate that under-five mortality rates for boys and girls are almost equal.[61] Gender-disaggregated statistics regarding immunisation rates are not available, but overall, immunisation seems to be nearly universal (98-99%, depending on the vaccine).[62] There is also no gender-disaggregated data regarding malnutrition rates. According to UNICEF, gross primary and secondary enrolment rates are slightly higher for boys than for girls in Oman (primary: boys 88%, girls 87%; secondary: boys 88%, girls 85%).[63] These figures above would not indicate that Oman is a country of concern with respect to son preference in regard to early childhood care or education. The male/female sex ratio for the total population in 2012 is 1.22.[64] Analysis of sex ratio data across age groups provides evidence that Oman is a country of concern in relation to missing women, although there has been improvement in recent years.

Restricted Resources and Entitlements

Under Omani law, women have the right to own and manage property, under article 11 of the Basic Law.[65] Following changes to legislation in 2008, women and men are now able to apply for residential plots of land subject to the same criteria.[66] But in practice, decisions regarding property and income owned by women are often taken by husbands, and authorities are reluctant to intervene to uphold women’s rights in this area, seeing it as a private matter.[67] According to a report published by the UN Food and Agricultural Organization in 2002, women at that time owned as little as 0.4% of the land.[68] Women in Oman are legally entitled to access to bank loans and to enter into various forms of financial contracts but social conventions mean that decisions regarding such activities are rarely made at the individual level, but rather by the family.[69] It is reportedly difficult for women who are not heads of household to secure loans, although in 2008, the government issued instructions that all loans from the public housing bank should be distributed equally to men and women.[70]

Restricted Civil Liberties

Women’s freedom of access to public space is limited in Oman, as married women obtain permission from their husbands or male guardians in order to obtain a passport.[71] Unmarried women are able to obtain a passport in the same way as a man.[72] Women do not however need permission to travel outside the country, once they have obtained a passport.[73]

Freedom of expression is not respected in Oman, and rights to freedom of assembly and association are also severely restricted.[74] Little attention is given to women’s rights issues in the state-controlled media.[75] It is very difficult for NGOs to operate freely in the country, and according to al-Talei, no women’s rights organisations exist in Oman.[76] The state-controlled Omani Women’s Association does not address sensitive issues such as civil and political rights or women’s autonomy and security.[77]

The citizens of Oman do not have the right to change their government democratically.[78] Women and men in Oman do have the same right to vote and stand for election to the partially-elected lower Consultative Council (which has no legislative powers and can only recommend changes to laws), and al-Talei reports that women have been registering to vote and as candidates in increasing numbers.[79] Following the 2011 elections, one woman was elected (for the first time) to the 85 seat Consultative Council.[80] In the same year, the Sultan appointed 15 women to the 83 seat State Council. In 2007, the Sultan appointed 14 women to the 70-member State Council (19.4%), but in the same year, none of the female candidates who stood were elected to the Consultative Council. As of 2010, there were four women ministers, but very few women in other positions of leadership in the political sphere, particularly at higher levels of government. Women are currently banned from serving as judges.[81] Oman’s personal status law explicitly provides women with the legal right to work outside the home.[82] In practice, women’s decisions regarding career choices are almost always made in consultation with male family members, and it is very difficult for a woman to take up a particular career if her family do not approve.[83] Women are entitled to 45 days’ maternity leave; as the CEDAW committee noted in 2010, this allowance was lowered from 60 days.[84] It is illegal to dismiss a pregnant woman from employment while she is on maternity leave, and discrimination in employment on the basis of gender is illegal, including in regard to pay.[85] Women are also barred from working at night, apart from certain professions (e.g. medical staff).[86] Information is not available as to whether these laws are implemented. Overall, women’s participation in the labour force is low in Oman, with disapproval of women working outside the home cited by women as a major limiting factor.[87]

References

  1. ↑ BBC (n.d.) ‘Oman country profile’, BBC News, http://news.bbc.co.uk/2/hi/middle_east/country_profiles/791892.stm (accessed 23 March 2011); al-Talei, Rafiah (2010) ‘Oman’ in Sanja Kelly and Julia Breslin, eds., (2010) Women’s Rights in the Middle East and North Africa, New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, p.337
  2. ↑ BBC (n.d.) ‘Oman country profile’, BBC News, http://news.bbc.co.uk/2/hi/middle_east/country_profiles/791892.stm (accessed 23 March 2011); al-Talei, Rafiah (2010) ‘Oman’ in Sanja Kelly and Julia Breslin, eds., (2010) Women’s Rights in the Middle East and North Africa, New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, p.337
  3. ↑ World Bank (n.d.) Data: Oman, http://data.worldbank.org/country/oman (accessed 3 March 2011); BBC (n.d.) ‘Oman country profile’, BBC News, http://news.bbc.co.uk/2/hi/middle_east/country_profiles/791892.stm (accessed 23 March 2011) ; Central Intelligence Agency (CIA) (2010) World Factbook: Oman, online edition, https://www.cia.gov/library/publications/the-world-factbook/geos/mu.html (accessed 3 March 2011)
  4. ↑ Central Intelligence Agency (CIA) (2010) World Factbook: Oman, online edition, https://www.cia.gov/library/publications/the-world-factbook/geos/mu.html (accessed 3 March 2011
  5. ↑ Reference 4; al-Talei, Rafiah (2010) ‘Oman’ in Sanja Kelly and Julia Breslin, eds., (2010) Women’s Rights in the Middle East and North Africa, New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, p.344
  6. ↑ Gillespie, Eleanor (2011) ‘Arab revolt: Could Oman turn into ‘next Egypt’?’, BBC News, 2 March 2011, http://www.bbc.co.uk/news/world-middle-east-12616457 (accessed 3 March 2011)
  7. ↑ -Talei, Rafiah (2010) ‘Oman’ in Sanja Kelly and Julia Breslin, eds., (2010) Women’s Rights in the Middle East and North Africa, New York, NY: Freedom House; Lanham, MD: Rowman & Littlefield, p.338
  8. ↑ Reference 7, p.340
  9. ↑ Reference 7, p.338
  10. ↑ Reference 7, p.340
  11. ↑ Reference 7, p.339
  12. ↑ United Nations Treaty Collection (UNTC) (n.d): Convention on the Elimination of All forms of Discrimination Against Women, countries ratified. - CEDAW: http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en (accessed 3 March 2011); - Optional Protocol: http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8-b&chapter=4&lang=en (accessed 3 March 2011)
  13. ↑ Reference 7, p.342
  14. ↑ United Nations Development Programme (2011) Human Development Report 2011, available at http://hdr.undp.org/en/media/HDR_2011_EN_Complete.pdf, accessed 29 February 2012 p.128
  15. ↑ Reference 14 p.140
  16. ↑ World Economic Forum (2011) The Global Gender Gap Report 2011, available at http://www3.weforum.org/docs/WEF_GenderGap_Report_2011.pdf, accessed 2 March 2012 p.11
  17. ↑ Reference 7, pp.339,343
  18. ↑ Reference 7, p.343
  19. ↑ Committee on the Rights of the Child (CRC) (2000) ‘Forty-third session CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Initial reports of States parties due in 1999, Addendum: Oman, CRC/C/78/Add.1, Geneva.
  20. ↑ United Nations Population Division / DESA (2008) World Marriage Data. Available to download at http://www.un.org/esa/population/publications/WMD2008/Main.html
  21. ↑ United Nations (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY
  22. ↑ Rashad, Hoda, Magued Osman, and Farzaneh Roudi-Fahimi (2005), Marriage in the Arab World, PRB (Population Reference Bureau), Washington DC. Available at http://www.prb.org/pdf05/MarriageInArabWorld_Eng.pdf (accessed 3 March 2011), p.4
  23. ↑ Reference 7, p.343
  24. ↑ Reference 7, p.343
  25. ↑ Reference 7, p.343
  26. ↑ Reference 22, p.3
  27. ↑ Uhlman, K. (2004) ‘Overview of Shari’a and Prevalent Customs in Islamic Societies: Divorce and Child Custody’, Expert Law, http://www.expertlaw.com/library/family_law/islamic_custody.html (accessed 3 March 2011)
  28. ↑ Reference 7, p.338
  29. ↑ Reference 7, p.343
  30. ↑ Reference 7, p.343
  31. ↑ Reference 7, p.343
  32. ↑ Committee on the Elimination of All forms of Discrimination Against Women (CEDAW) (2010) ‘List of issues and questions with regard to the consideration of initial reports Oman’, CEDAW/C/OMN/Q/1, CEDAW, New York, http://www2.ohchr.org/english/bodies/cedaw/docs/AdvanceVersions/CEDAW-C-OMN-Q-1.pdf (accessed 3 March 2011), p.4
  33. ↑ Committee on the Rights of the Child (CRC) (2006) ‘Forty-third session CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Concluding observations: OMAN’, CRC/C/OMN/CO/2, CRC, Geneva. Available at http://www2.ohchr.org/english/bodies/crc/crcs43.htm (accessed 3 March 2011), p.8
  34. ↑ Reference 32, p.2
  35. ↑ The United Nations Human Settlements Programme (UN-HABITAT) (2005) ‘Islam, land & property research series’, Paper 6: Islamic inheritance laws and systems, Nairobi, Kenya. Available at www.unhabitat.org/downloads/docs/3546_3490_ILP%206.doc (accessed 10 February 2011) , p.11
  36. ↑ Reference 35, P.11
  37. ↑ Reference 35, P.11
  38. ↑ Reference 35, P.11; Reference 7, p.343
  39. ↑ United Nations Economic and Social Council (ECOSOC) (2003) ‘INTEGRATION OF THE HUMAN RIGHTS OF WOMEN AND THE GENDER PERSPECTIVE VIOLENCE AGAINST WOMEN Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 2002/52 Addendum 1 International, regional and national developments in the area of violence against women 1994-2003’, E/CN.4/2003/75/Add.1, ECOSOC, New York , p.151
  40. ↑ REFERENCE 39, p.151; Reference 7, p.345
  41. ↑ Reference 7, p.345
  42. ↑ Reference 7, p.345
  43. ↑ REFERENCE 39, p.151; Reference 7, p.345
  44. ↑ REFERENCE 39, p.151
  45. ↑ Reference 7, p.341
  46. ↑ Reference 7, p.341
  47. ↑ Reference 7, p.348
  48. ↑ Reference 7, pp.340-341
  49. ↑ Reference 32, p.3; Freedom House (2010) Freedom in the World Country Reports: Oman, online edition, http://www.freedomhouse.org/template.cfm?page=22&year=2010&country=7892 (accessed 3 March 2011); US Department of State (2010)
  50. ↑ Freedom House (2010) Freedom in the World Country Reports: Oman, online edition, http://www.freedomhouse.org/template.cfm?page=22&year=2010&country=7892 (accessed 3 March 2011)
  51. ↑ Reference 7, p.344
  52. ↑ Reference 7, p.344
  53. ↑ Reference 32, p.4; Amnesty International (2010) Amnesty International Report 2009, State of the World’s Human Rights, London: Amnesty International. http://thereport.amnesty.org/sites/default/files/AIR2010_EN.pdf (accessed 8 November 2010), p.250; Reference 7, p.344
  54. ↑ Reference 39, p.152; UNICEF (2005), p.3; Reference 7, p.353; Reference 53, p.12
  55. ↑ Reference 32, p.3; Reference 53, p.12
  56. ↑ Reference 7, p.354
  57. ↑ Reference 7, p.353
  58. ↑ REFERENCE 32, p.4; Reference 7, p.353
  59. ↑ United Nations Population Fund (UNFPA) (2010) State of the World’s Population 2010. From conflict and crisis to renewal: generations of change, UNFPA, New York, p.97. No data source provided.
  60. ↑ United Nations Development Programme (UNDP) (2007)’World abortion policies’, data downloaded from http://www.devinfo.info/genderinfo/ (accessed 21 October 2010).
  61. ↑ REFERENCE 60, p.103
  62. ↑ UNICEF (2007) State of the World’s Children : the Double Dividend of Gender Equality, New York: UNICEF http://www.unicef.org/sowc07/docs/sowc07.pdf, p.112
  63. ↑ Reference 63, p.120
  64. ↑ Central Intelligence Agency (2012) The World Fact Book: Sex Ratio, available at https://www.cia.gov/library/publications/the-world-factbook/fields/2018.html, accessed 14 March 2012.
  65. ↑ Reference 7, p.346
  66. ↑ Reference 7, p.354
  67. ↑ Reference 7, p.346
  68. ↑ Cotula, L. for the FAO (Food and Agriculture Organization) Legal Office (2002 [2007]), Gender and Law: Women’s Rights in Agriculture, FAO Legislative Study No. 76, 2002 (revised 2007), Rome. Available at ftp://ftp.fao.org/docrep/fao/005/y4311e/y4311e00.pdf (accessed 3 Mrch 2011), p.54
  69. ↑ Reference 7, p.346
  70. ↑ Reference 7, p.354
  71. ↑ Reference 7, p.340
  72. ↑ Royal Oman Police, Directorate General of Passport and Residence, available at http://www.rop.gov.om/english/dg_passport_services.asp#, accessed 19 March 2012
  73. ↑ Reference 7, p.340
  74. ↑ Amnesty International (2010) Amnesty International Report 2009, State of the World’s Human Rights, London: Amnesty International. http://thereport.amnesty.org/sites/default/files/AIR2010_EN.pdf (accessed 8 November 2010), p.250; BBC (n.d.) ‘Oman country profile’, BBC News, http://news.bbc.co.uk/2/hi/middle_east/country_profiles/791892.stm (accessed 23 March 2011) ; Reference 7, pp.338-339; Reference 51
  75. ↑ Reference 7, p.351
  76. ↑ Reference 7, pp.338, 352. See also Reference 51
  77. ↑ Reference 7, p.339
  78. ↑ Reference 7, p.350; Reference 51; BBC (n.d.) ‘Oman country profile’, BBC News, http://news.bbc.co.uk/2/hi/middle_east/country_profiles/791892.stm (accessed 23 March 2011)
  79. ↑ Reference 51; Reference 7, p.350
  80. ↑ Inter-Parliamentary Union (n.d.) ‘OMAN: Majles A'Shura (Consultative Council)’, http://www.ipu.org/parline-e/reports/2378_A.htm (accessed 18 March 2012)
  81. ↑ Reference 7, p.350
  82. ↑ Reference 7, p.343
  83. ↑ Reference 7, p.347
  84. ↑ Reference 32, p.4
  85. ↑ REFERENCE 32, p.4; Reference 7, p.347
  86. ↑ Reference 32, p.4; Reference 7, p.347
  87. ↑ Reference 7, pp.348-349

The Women, Business and the Law

Where are laws equal for men and women? 

The Women, Business and the Law report presents indicators based on laws and regulations affecting women's prospects as entrepreneurs and employees. Several of these indicators draw on the Gender Law Library, a collection of over 2,000 legal provisions impacting women's economic status. This report does not seek to judge or rank countries, but to provide information to inform discussions about women’s economic rights. Women, Business and the Law provides data covering 6 areas: accessing institutions,using property, getting a job, providing incentives to work, building credit, and going to court. Read more about the methodology.

For detailed information on Oman, please visit the Women, Business and
the Law Oman page.

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