This page summarizes cases raised with Oman by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Oman.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Oman, English).
None
Observations
The Special Rapporteur wishes to thank the Government of Oman for replying to all the communications he sent during the period under review.
The Special Rapporteur is very concerned about the high number of arrests, of charges and of sentencing against individuals who have taken part in, or have monitored peaceful assemblies during the reporting period. The Special Rapporteur takes note of the efforts of the authorities to ensure the respect of a due process, but the replies transmitted by the Government have not dispelled his concerns about the physical and psychological integrity of individuals exercising their rights to freedom of peaceful assembly and association in the country. The Special Rapporteur is especially concerned about overly broad interpretations of laws that have resulted in undue restrictions on individuals‟ rights to freedom of association and of peaceful assembly.
The Special Rapporteur is also concerned about repeated allegations of excessive use of force during demonstrations that have largely been peaceful in the reporting period he continues to receive. He urges the authorities to ensure its legislation and its implementation pertaining to freedom of peaceful assembly and of association comply with the best practices detailed in his reports (see notably A/HRC/20/27). He remains available to provide any technical assistance the Government might require in this regard.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 which “reminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights”.
The Special Rapporteur reminds the Government of Oman of his country visit request sent in September 2011, to which a response is yet to be received. He considers such a country visit may provide with a significant opportunity to discuss any technical assistance the Government may require.
None
Observations
Responses to communications
The Special Rapporteur thanks the Government of Oman for its responses, but regrets it did not respond to the letters sent on 11 November 2014 (OMN 3/2014) and 29 January 2015 (OMN 1/2015). He recalls that he considers responses to his communications as an important part of the cooperation of Governments with his mandate, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010) that call upon States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications. In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications.
Country visit
The Special Rapporteur thanks the Government for inviting him to undertake an official country visit in the country from 8 to 13 September 2014. He commends Oman for being the first Arab country to agree on an official country visit of his mandate. He recalls the constructive talks during the mission with members of the executive, legislative and judicial branches and reiterates that he stands ready to provide any support the authorities may require to implement the recommendations he put forward in his country visit report (A/HRC/29/25/Add.1).
Reported reprisals
The Special Rapporteur is alarmed by the preoccupying alleged reprisals in the country following his aforementioned official visit in September 2014. He regrets that the Government only replied to one of the communications concerning the case of Mr. Said Ali Said Jadad (OMN 5/2014) and, given the severity of the allegations contain therein, urges it to provide detailed responses to the questions raised in his other letters (OMN 3/2014 and OMN 1/2015).
In connection with the cases of Mr. Tariq Al Sabbahi (OMN 2/2014), who was interrogated by internal security officers about the content of his discussions with the Special Rapporteur, and of Mr. Jadad, detained on 21 January 2015 and charged with various offenses during trials in Muscat and Salalah, the expert reiterates his serious concern at what appear to be blatant cases of reprisal and calls on the State to take preventive steps against similar acts in the future and ensure full investigations and accountability once they have occurred, in accordance with Human rights Council resolutions 12/2, 24/24 and 27/38.
The severity of the aforementioned allegations and reliability of the sources require the Special Rapporteur to insist in requesting the Government to clarify and determine whether reprisals occurred and to keep him informed about the status of investigations, prosecution and protection plans put in place.
Observations
Response to communication
The Special Rapporteur regrets that he has not yet received a response to his communication sent on 27 March 2015 (OMN 2/2015) and reminds the Government of Oman that he considers responses to his communications as an important part of the cooperation of Governments with his mandate.
He calls upon States to cooperate fully with and assist him in the performance of his mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications.
In connection with the case of Mr. Mohammed Al-Fazari, the Special Rapporteur condemns the travel ban issued as an act of intimidation and reprisal against Mr. Al-Farzari for his cooperation with the Special Rapporteur during his country visit to Oman between 8 and 13 September 2014. He strongly regrets that the Government of Oman has not replied to this communication and he reminds the Government of its international obligation to cooperate with the mandate.
The Special Rapporteur takes the opportunity to call on the Government of Oman to implement the recommendations made in his country visit report, including to ensure that no one be criminalized for exercising their right to freedom of peaceful assembly and association, or subjected to threats or use of violence, harassment, persecution, intimidation or reprisals; as well as to adopt a new law on associations that complies with international human rights standards, including the right to freedom of association without delay (A/HRC/29/25/Add.1, para.70).
Observations
Responses to communications
The Special Rapporteur regrets that, to date, no reply has been received to his communication. He recalls that responses to his communications are an important part of the cooperation of the Government of Oman with his mandate, and urges the authorities to comply with Human Rights Council resolutions on the rights to freedom of peaceful assembly and of association. These resolutions, including resolution 24/5 (2013), call on States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications.
Environment in which these rights are exercised
The Special Rapporteur regrets having received information regarding the arbitrary deprivation of liberty, of Mr. Jadad, including incommunicado detention and the lack of access to adequate medical treatment while in detention. He fears these measures may constitute continued acts of intimidation and reprisal for Mr. Jadad’s cooperation with the United Nations, its mechanisms and representatives in the field of human rights, namely with his mandate, as well as with international organizations.
He reminds the Government of its obligation to respect and protect fundamental human rights, including the right of all individuals to freely associate. He underlines that this right involves the positive obligation to establish an enabling environment for members of associations to perform their activities without fear from threats or acts of intimidation and harassment of any sort. He recalls resolution 24/24 calling on States to refrain from and ensure adequate protection from intimidation or reprisals for cooperation with the United Nations, its mechanism and representatives in the field of human rights (A/HRC/20/27, para. 63).
He calls on the Government to conduct independent and thorough investigations into allegations of human rights violations, to hold perpetrators accountable and to provide the victims with full redress, without further delays.
Country visit
The Special Rapporteur thanks the Government for inviting him to undertake an official country visit to the country from 8 to 13 September 2014. He commends Oman for being the first Arab country to agree to an official country visit of his mandate. He recalls the constructive talks during the mission with members of the executive, legislative and judicial branches and reiterates that he stands ready to provide any support the authorities may require to implement the recommendations he put forward in his country visit report (A/HRC/29/25/Add.1).
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
