The Royal Oman Police’s directive, reinforced by Omani Labour Law No. 53/2023, mandates that companies and individuals refrain from hiring anyone who is not under their sponsorship. While this measure aims to combat illegal immigration and protect economic stability, it raises significant concerns about the rights of minority groups, especially migrant workers.
The Omani sponsorship system, known as the “kafala” system, can be cumbersome and restrictive. Prospective employers must demonstrate the necessity of hiring foreign workers by proving the unavailability of qualified Omani nationals for the job. This involves a rigorous application process, including documentation of the job offer, proof of the worker’s qualifications, and sometimes a hefty fee. The approval process can be lengthy, and any discrepancies or delays can jeopardise the worker’s legal status in the country.
It is further important to recognise that the Omani Labour Law No. 53/2023 is part of a broader legislative framework designed to regulate the labour market and curb illegal employment practices. While the objective of such piece of legislation aims to protect the local labour market, ensure job opportunities for Omani nationals, and maintain public order, strict penalties on employers and individuals who hire non-sponsored workers, including fines and imprisonment are imposed. As a consequence, it inevitably creates significant barriers for minority groups seeking employment.
For migrants, this system creates a precarious situation. Losing sponsorship or facing delays in the renewal process can lead to legal vulnerabilities, including the risk of detention and deportation. The inability to freely change employers without the current sponsor’s consent traps many workers in abusive or unfavourable working conditions, as seeking recourse can result in termination and subsequent loss of legal status.
It is fair to say that this system places significant power in the hands of employers, often leading to situations where workers’ basic human rights are compromised. A clear example is the infringement of the right to work, protected under Article 23 of the Universal Declaration of Human Rights (UDHR), according to which everyone has the right to work, to free choice of employment, and to just and favourable conditions of work. Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognises the right to work and obligates state parties to take appropriate steps to safeguard this right, is at risk.
Moreover, Oman is also a member of the International Labour Organization (ILO) and has ratified several key conventions, including the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). These conventions are crucial as to the protection of migrant workers’ rights and the protection of fair treatment and equal opportunities.
Being Oman a signatory to all the above-mentioned international treaties and conventions, it is obliged to respect, protect, and fulfil the right to work for all individuals within their jurisdiction, regardless of their nationality or legal status.
Overall, While the Royal Oman Police’s directive and Omani Labour Law No. 53/2023 aim to regulate the labour market and address illegal employment, they also raise significant human rights concerns. To address these issues, it is crucial for Oman to consider the implications of its labour laws on minority groups and ensure that its legal framework aligns with international human rights and labour standards.