Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Determination of types of hazardous work. The Committee previously noted the Government’s information that Omani law provides that juveniles under the age of 18 may not be employed in mines and quarries or in hazardous work. It also noted that an Occupational Safety and Health (OSH) Committee had been established between government ministries and private sector establishments, and was in charge, amongst others, of determining activities that were hazardous or physically demanding. The Committee requested the Government to provide information on a provisional list of 43 hazardous occupations, types of work and industries prohibited for juveniles under the age of 18 years, which had been determined by the OSH Committee. The Committee notes the information in the Government’s report that it is currently preparing a new list of hazardous occupations, in consultation with the social partners, following the establishment of the Confederation of the Workers of the Sultanate of Oman. The Committee firmly hopes that this list, determining the types of hazardous work prohibited for children under 18 years of age, will be adopted as soon as possible. It requests the Government to provide a copy of this list, once adopted.

Camel jockeys. In its previous comments, the Committee expressed concern for the health and safety of children under 18 years of age involved in camel racing and subject to exploitation. The Committee noted that while the Regulations on holding and organizing camel races in the Sultanate of Oman (Camel Race Regulations), issued by the Oman Equestrian and Camel Federation (OFRC) on 7 August 2005, state that no jockey under 18 years of age will be allowed to take part in camel races, section 2 of these Regulations states that this minimum age would be reached progressively starting from a minimum age of 14 years, over four years starting from the 2005–06 season. The Committee also noted that the OFRC had issued a decision which specifies the gradual increase in the age of camel jockeys to 18 years in 2010, in order to take part in camel races.

The Committee noted the Government’s information that the OFRC fully observes the measures set down to protect the health and safety of camel jockeys under 18 years of age, by obliging them to wear protective headgear and suitable clothing. It also noted the Government’s information that races only occur in Oman when the OFRC – working under the direct supervision of the Ministry of Sport Activities – agrees that all conditions are respected, including the age and health of camel jockeys, and conditions regarding the safety measures are fulfilled. According to the Government, the OFRC continued to undertake unannounced inspection visits to verify that the age of camel jockeys is not less than 15 years (the minimum age for camel jockeys at the time). Meanwhile, in 2007, all camel jockeys participating in camel races were required to register their names with the OFRC and hand over their passports, personal photographs and birth certificates to the OFRC. The Committee requested the Government to continue providing information on the progress in raising the minimum age for taking part in camel races to 18 years. It also requested the Government to pursue its efforts to ensure that the measures aimed at protecting the health and safety of camel jockeys under 18 years of age are strictly enforced, pending the progressive increase in the minimum age to 18 for camel racing.

The Committee notes the Government’s statement that the targeted minimum age of 18 years will be reached in the forthcoming 2009–10 season. The Committee also notes the information in the Government’s report that the OFRC takes measures to ensure the application of the current rules and that the necessary precautions are taken in relation to the organization of races. The Committee further notes that organizers and supervisors verify the age of camel jockeys through their identity card issued by the State, based on a birth certificate and that a person shall be excluded from the race if he does not meet the conditions of racing, particularly the age requirements. The Committee expresses the firm hope that the Regulations on holding and organizing camel races in the Sultanate of Oman (Camel Race Regulations), issued by the Oman Equestrian and Camel Federation on 7 August 2005, prohibiting the use of children under the age of 18 as camel jockeys will be strictly and effectively enforced in the 2009–10 camel racing season. The Committee requests the Government to take measures to ensure the effective implementation of these regulations, including through unannounced inspections carried out by the labour inspectorate. It also requests the Government to provide information on the measures taken in this respect, and the results obtained, with regard to the elimination of the use of camel jockeys under the age of 18.

Article 7, paragraph 1. Penalties. The Committee previously noted that Decision No. 30-2002 of 8 August 2005 of the OFRC states that any person who violates the Camel Race Regulations shall be convicted by the courts. The Committee noted that the Government supplied a document showing the list of names of camel jockeys prohibited from participating in camel races by the OFRC, including two cases concerning a violation of the rules on the legal age to participate in camel races. The Committee observed that the Government’s report contained no information on the penalties imposed on persons who use under age children as camel jockeys in camel races in violation of Decision No. 30-2002 of 8 August 2005, and requested the Government to provide information on the penalties imposed.

The Committee notes the Government’s statement that the relevant bodies shall promulgate regulations and a statute on penalties with regard to the use of under age racing, after the application of the progressive age of 18 years during the 2009–10 season, and that it will communicate any developments in this regard. The Committee notes an absence of information in the Government’s report on the application of penalties imposed, pursuant to Decision No. 30-2002 of 8 August 2005, on persons who use under age camel jockeys. The Committee reminds the Government that, according to Article 7(1), of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including by laying down and imposing penal sanctions or, if appropriate, other sanctions. As the minimum age of 18 for camel jockeys comes into effect in the forthcoming 2009–10 season, the Committee urges the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties exist for the use of persons under 18 as camel jockeys, and that these penalties are applied in practice. In this regard, the Committee requests the Government to provide information on the practical application of penalties for the use of camel jockeys under the age of 18, including statistics on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is raising other points in a request addressed directly to the Government.