The Right to Life, Liberty and Security of Person in Roas Al-Jabal (Musandam)

articls 6:49 AM human rights
7th June 2017
Preamble

The right to life includes access to the fundamental rights and to move away from the marginalisation, killing of people and enforced disappearance because of his/her faith. In addition, many international organisations and institutions focused on the law of human life to protect the right to life for every person. For example: According to the Article 2/1 of the European Convention for Human Rights, “Everyone's right to life shall be protected by law. No one shall be deprived of his/her life intentionally save in the execution of a sentence of a court following his/her conviction of a crime for which this penalty is provided by law.” Arab Charters on Human Rights on 22nd May 2004 pointed out that ‘’based on the faith of the Arab nation in the dignity of the human person whom God has exalted ever since the beginning of creation and in the fact that the Arab homeland is the cradle of religions and civilizations whose lofty human values affirm the human right to a decent life based on freedom, justice and equality’’, Thus, according to Article 2 of the Arab Charters on Human Rights:

1. All peoples have the right of self-determination and to control over their natural wealth and resources, and the right to freely choose their political system and to freely pursue their economic, social and cultural development.

2. All peoples have the right to national sovereignty and territorial integrity.

It means that the article of the Arab Charter focuses on protecting individuals’ freedom from unreasonable detention, as opposed to protecting personal safety. Therefore, people have a right to their personal freedom. This means people must not be imprisoned or detained without good reason. However, if they arrested by authorities, the Human Rights Act provides that they have the right to:

- Be told in a language you understand why you have been arrested and what charges you face

- Be taken to court promptly

- Bail (temporary release while the court process continues), subject to certain conditions

- Have a trial within a reasonable time

- Go to court to challenge your detention if you think it is unlawful, and

- Compensation if you have been unlawfully detained.

Interpreting the right to life in international law means a system that guarantees the lives of all without distinction of ethnicity, colour or religion, and provides an opportunity for everyone to get the best kind of social welfare such as jobs, housing, health care and education. All governments have a responsibility to secure the lives of all, and if governments negligence on the rights of people or helping marginalisation, this can be a violation of international human rights law. This means that protection is the most important responsibility of every government (the British Institute for Human Rights).

Situation in Roas Al-Jabal

In fact, people in Roas Al-Jabal have been suffering from poor accessing a social welfare since the occupation of their land in 1970. The discrimination, inequality, forced and systematic displacement, arrest and detention, and other ill-treatments have been seriously increased although Article 3 of the Universal Declaration of Human Rights pointed out that all people are entitled to have the right to life, and live in freedom and safety. The GCC Charter also pointed out that ‘’the development of people in the Gulf Nations should be including economic and financial affairs, trade, customs and transport, education and cultural affairs, social and health affairs, information and tourism affairs and legislative and administrative matters’’. The policies of the Oman authorities in Roas Al-Jabal caused the large number of people to live their homeland towards Oman, the UAE, Kuwait and Qatar. The migration towards those countries had an impact on changing the demographic of the land in Roas Al-Jabal. Poor accessing of social welfare has another negative impact on people in Roas Al-Jabal which make many of them to live in close of poverty line and close to homelessness, although the GCC in its Charter stated that all people in the Gulf Nations should live in peace and security, accessing house and jobs, and having transport system. The Human Rights activist from Roas Al-Jabal during the interview with Khasab Monitor on 7th June 2017 stated that the Oman authorities put people in Roas Al-Jabal in a critical situation although Roas Al-Jabal is a one of the wealthiest land in the Arabian Gulf region. The human rights activist also stated that not only people in Roas Al-Jabal faced accessing poor social welfare, but they also faced unsafe policy and non-freedom which made several people to lose their lands without getting any support from the government in Oman. For example, the Omani authorities begun to confiscate the agricultural lands since 2000s under the pretext of having lack of proof to prove the identity of the owner of the land in Roas Al-Jabal and also due to the establishing Military Camps which have increased since 2010.

The Omani obligation

The Omani authorities should respect the GCC Charter of Human Rights to protect people life such as social welfare like property, transport, jobs, and historical and cultural monuments. The Omani authorities should free all people who were arrested for opposing the Omani policy towards people in Roas Al-Jabal. The Omani authorities should stop confiscation the property and agricultural land in Roas Al-Jabal because this action violates Gulf resolutions and violates international law.

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