Oman

Legal Code Summary

Penal Code from 1974 established by Royal Decree No. 7/74 & Law on Publications and Publishin from 1984 & Ministerial Resolution No. 10 from 2007 on Executive Regulations to the Telecommunications Law

Legal Code Text

Article 223 - “Anyone who commits erotic acts with a person of the same sex shall be sentenced to imprisonment from six months to three years. The suspects of homosexual or lesbian intercourse shall be prosecuted without a prior complaint, if the act results in a public scandal. The suspects of lesbian intercourse among ascendants, descendants or sisters shall only be prosecuted upon a complaint from a relative or a relative by marriage fourth-degree removed.”

Article 33 - “The following are deemed as disgracing crimes: [...] All misdemeanours stated hereafter: [...] Homosexual and lesbian intercourses; [...].”

Article 25 - “It is prohibited to [...] call people to embrace or promote anything deemed in contravention of the principles of the Islamic religion.”

Article 28 - “It is prohibited to publish anything that might prejudice the public code of conduct, moral norms or divine religions.”

Article 35 - “Without prejudice to any severer penalty stipulated in any other law, anyone who acts in violation of Article (25) of this law shall be punished by imprisonment for a period not exceeding “three” years or a fine not exceeding “two thousand Omani Riyals” or by both penalties.”

Article 42 - “The beneficiary shall be prohibited from using telecommunications service that contain data or information which meant the following: [...] 3. In contrary to the public ethic system; 4. Infringe the religious practice or upset others; 5. Promote any subject or product breaching the law.”

ILGA Analysis & Notes

At its 1st cycle UPR, Sweden made two recommendations that Oman ‘noted’ (i.e. rejected) – one to decriminalise same-sex sexual relations, and the other to abolish discrimination based on SOGI. Although there are no morality laws that specify SOGI in regard to limits on the freedom of expression in Oman, in September 2013 the English-language newspaper The Week was shut down for one week after printing an article about the country’s LGBT community. The content was deemed to fall under “public discord”, which carries a three-year prison sentence. The article’s author and the paper’s editor were charged with violating the highly restrictive 1984 Press and Publications Law. Under pressure from the government, the newspaper removed the article from its website, though the print issue continued to circulate. Oman’s 2nd cycle UPR was in November 2015. Only one civil society submission mentioned decriminalising “homosexuality”, and both Mexico and Brazil made recommendations for Oman to repeal its legislation (or at least not apply it [Brazil]). The State ‘noted’ (rejected) these recommendations.