OMAN RATIFIES WOMEN'S RIGHTS CONVENTION

UNCLAS SECTION 01 OF 02 MUSCAT 000836

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PHUM KWMN SOCI MU
SUBJECT: OMAN RATIFIES WOMEN'S RIGHTS CONVENTION

REF: MUSCAT 761

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Summary
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1. (SBU) A royal decree May 7 ratified Oman's joining the UN
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW),but with four reservations on
Convention articles deemed potentially contrary to Omani
legislation, and a catch-all reservation against anything
that might contravene Sharia law. Oman reserves the right to
determine nationality based solely on the father's
citizenship, to restrict freedom of movement and residency as
it deems necessary, to prohibit adoption, and to refrain from
dispute arbitration in the International Court of Justice.
Curiously, Omani women already enjoy freedom of movement and
residency. The UK Mission in New York reportedly plans to
lodge an objection to the blanket reservation on Sharia. End
summary.

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CEDAW Ratified with Several Reservations
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2. (SBU) The Omani government announced May 7 that Sultan
Qaboos issued a royal decree ratifying Oman's joining the
1979 UN Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW). Per reftel, however,
Oman's ratification included four broad reservations intended
to protect the Sultanate from any provision of the agreement
it deems "not in accordance with Islamic Sharia or other
legislation applied in the Sultanate." These reservations
were published in the government's Official Gazette on May

16. According to the UK Embassy, the British will lodge a
formal objection to the blanket reservation on Sharia grounds
in New York, as they have in cases involving similar
reservations by other countries. The UK Embassy is not
certain, however, whether Britain will challenge any of the
other Omani reservations, summarized below.

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Nationality
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3. (U) Article 9, paragraph 2: "States Parties shall grant
women equal rights with men with respect to the nationality
of their children." This text contradicts Oman's Basic Law
that states that nationality can only be passed via the
father. If an Omani woman marries a non-national, her
children will not be granted Omani citizenship.

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Freedom of Movement
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4. (U) Article 15, paragraph 4: "States Parties shall accord
to men and women the same rights with regard to the law
relating to the movement of persons and the freedom to choose
their residence and domicile." Although the Omani government
issued a reservation on this Article, there currently is no
law restricting freedom of movement in Oman. Omani men and
women enjoy equal rights with regards to freedom of movement
and may travel abroad or choose their residence without
permission.

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Adoption
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5. (U) Article 16, paragraphs A, C, and F: "Men and women
shall have the same right to enter into marriage; the same
rights and responsibilities during marriage and at its
dissolution; and the same rights and responsibilities with
regard to guardianship, wardship, trusteeship and adoption of
children, or similar institutions where these concepts exist
in national legislation." Adoption is forbidden in Oman's
interpretation of Islam and is illegal in the Sultanate.

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Arbitration
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6. (U) Article 29, paragraph A: "The Sultanate is not bound
by the obligations in paragraph A of Article 29, which
relates to arbitration and the need to refer a dispute
between two countries or more to the International Court of
Justice if it is not settled through negotiations."

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Comment
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7. (SBU) These four reservations are very similar to those
attached to its 1996 ratification of the Convention on the
Rights of the Child (CRC),and perhaps have not been updated
since that time. They may be intended to assure Omani
citizens as well as the international community that the
government is preserving traditional values and principles of
Sharia law. Despite the four reservations, the Ministry of
Social Development (MOSD) has previously indicated that other
portions of the Convention will necessitate changes to Omani
law and regulations, suggesting that Oman is willing (at
least in some areas) to adapt to the international standards
reflected in the CEDAW.
BALTIMORE