SUL TANI DECREE NO. (101/96)Promulgating the Basic Statute of the State

We Qaboos bin Said, The Sultan of Oman

Confirming the principles that guided the policies of theState in various fields during the past era;

Resolving to continue our efforts for the development of abetter future characterized by further achievements forthe benefit of the country and the citizens;

Consolidating the international status that Oman enjoysand its role in establishing the foundations of peace,security, justice and co-operation among various Statesand peoples;

And in pursuance of the public interest

Have decreed as follows:-

Article One: The Basic Statute of the State ishereby promulgated in accordancewith the attached formulation.

Article Two: This Decree shall be published in theofficial Gazette and shall come intoforce on the date of its issue.

Issued on: 24th Jumada AI Akhira 1417 A.H.

Corresponding to: 6 November, 1996 A.D.

Qaboos bin Said" Sultan of Oman

(1)

THE BASIC STATUTE OF THE STATE

CHAPTER ONE

The State and the System of Government

Article 1: The Sultanate of Oman is an Arab, Islamic,Independent State with full sovereignty andMuscat is its Capital

Article 2: The State's religion is Islam and IslamicSharia is the basis for legislation.

Article 3: The State's official language is Arabic.

Article 4: The Law determines the State's Flag,Emblem, Insignia and National Anthem.

Article 5: The system of government is Sultani(Royal), hereditary in the male descen-dants of Sayyid Turki bin Said bin Sultan,provided that the one to be chosen assuccessor shall be a Muslim, judicious, ofsound mind and legitimate son of OmaniMuslim parents.

Article 6: The Ruling Family Council shall withinthree days of the throne falling vacant,determine the successor to the throne.

If the Ruling Family Council does not agreeon the choice of the successor to thethrone, the Defence Council shall confirmthe appointment of the person designatedby the Sultan in his letter to the RulingFamily Council.

"

(2)

Article 7: The Sultan, before exercising his authority,shall, in a joint session of the OmanCouncil and the Defence Council, take thefollowing oath.

"I swear by Almighty Allah to respect theBasic Statute of the State and the Lawsand to fully safeguard the interests of thecitizens and their freedom and to preservethe independence of the country and itsterritorial integrity".

Article 8: The Government shall continue to performits functions as usual until the Sultan ischosen and exercises his powers.

Article 9: Rule in the Sultanate shall be based onjustice, shura and equality. The citizenshave the right -in accordance with thisBasic Statute and the conditions and provi-sions stipulated by the Law -to participatein public affairs.

CHAPTER TWO

The Princi~les Guiding the State's Policy

Article 10: The Political Principles:

-Preserving the independence and sove-reignty of the State and safeguarding itsentity, security, stability and defending it

against any aggression.

-Reinforcing ties of co-operation and reaf-firming friendly relations with all States

(3)

and peoples on the basis of mutualrespect, common interest, non-interference in the internal affairs andadherence to the international andregional charters and treaties and thegenerally recognized norms of inter-national Law conducive to the promotionof peace and security among States and

peoples.

-Laying suitable foundations for consol-idating the pillars of genuine shuraemanating from the country's heritage,values and its Islamic Sharia, taking pridein its history while adopting the usefulcontemporary methods and tools.

-Establishing sound administrative systemthat guarantees justice, tranquility andequality for the citizens and ensuresrespect for the public order and the pres-ervation of the higher interests of the

country.

Article 11: The Economic Principles:

-The national economy is based on justiceand the principles of free economy. Itsessence is the constructive and fruitfulco-operation between public and privateactivity. Its objective is the achievementof economic and social development inorder to increase production and raisethe standard of living of the citizensaccording to the State's general plan andwithin the limits of the Law.

(4)

-Freedom of economic activity is guar-anteed within the limits of the Law andthe public interest in a manner that willensure the well-being of national

economy.

-The State encourages savings and super-vises the regulation of credit.

-All natural resources and revenuestherefrom shall be the property of theState which will preserve and utilize themin the best manner taking into considera-tion the requirements of the State'ssecurity and the interests of nationaleconomy. No concession or investmentin any of the public resources of thecountry may be granted except by virtueof a law and for a limited period, providedthe national interests are safeguarded.

-Public property shall be inviolable. TheState shall protect it and citizens andresidents shall preserve it.

-Private ownership is safeguarded and noperson shall be prevented from disposingof his property except within the limits ofthe Law. And no property shall be expro-priated except for the public interest incase~~ stipulated by the Law and in themanner specified therein, provided thatthe person dispossessed shall be fairlycompensated. Inheritance is a rightgoverned by Islamic Sharia.

-Confiscation of property is forbidden.f

(5)

Specific confiscation as a penalty shallnot be imposed except by judicial order,and in cases specified in the Law.

-Taxes and general charges are based onjustice and the development of thenational economy.

-Imposition of public taxes, amending andcancelling the same shall be by virtue ofa law and no person is exempted frompaying all taxes or part thereof except inthe cases specified in the Law.

-It is not permitted to impose a new tax, feeor any right with retrospective effectwhatever its type might be.

Article 12: The Social Principles:

-Justice, equality, and equality of oppor-tunities for Oman is are the pillars of thesociety and are guaranteed by the State.

-Co-operation, mutual compassion areintimate bonds among the citizens andthe reinforcement of the national unity isa duty. The State shall prevent anythingthat might lead to division, sedition ordisruption of national unity.

-The family is the basis of the society andthe Law regulates means of protecting it,preserving its legal entity, reinforcing itsties and values, looking after its membersand providing the suitable conditions todevelop their potential and capabilities.

(6)

-The State guarantees assistance for thecitizen and his family in cases ofemergency, sickness, disability and oldage according to the scheme of the socialsecurity and shall work for the solidarityof the society in bearing the burdensresulting from national disasters and

catastrophies.

-The State cares for public health and themeans of prevention and treatment ofdiseases and epidemics. It endeavours toprovide healthcare for every citizen and

encourages establishing privatehospitals, polyclinics and medical institu-tions under its supervision and accordingto regulations determined by the Law. Italso -works for the conservation of theenvironment, its protection and preven-tion of pollution.

-The State enacts Laws for the protectionof the employee and the employer andregulates the relationship between them.Every citizen has the right to pursue theprofession he chooses within the limits ofthe Law. It is not permitted to impose anycompulsory work on anybody except byvirtue of a law and only for rendering apublic service and in return for a fairremuneration.

-Public employment is a national serviceentrusted to those who carry it out. TheState employees, while carrying out theirwork, shall pursue the public interests

(7)

I"

and service to the society. Citizens areconsidered equal in taking up publicemployment according to the provisionsof the Law.

Article 13: The Cultural Principles:

-Education is a cornerstone for theprogress of society which the Statefosters and endeavours to spread andmake it accessible to all.

-Education aims to raise and develop thegeneral cultural standard, promote scien-Ii tific thought, kindle the spirit of research,

: respond to the requirements of economic

and social plans, build a generation thatis physically and morally strong, thattakes pride in its nation, country, andheritage and preserves its achievements.

-The State provides public education,works to combat illiteracy and encour-ages the establishment of private schoolsand institutes under its supervision andaccording to the provisions of the Law.

-The State fosters and preserves thenational heritage, encourages the

sciences, arts, literature, scientificresearch and assists in their propagation.

Article 14: The Security Principles:

-Peace is the objective of the State, andthe country's safety is a duty incumbent

(8)

on every citizen.

-The Defence Council considers thematters related to preserving theSultanate's safety and its defence.

-Only the State establishes the armedforces, public security organizations andany other forces. All these forces belongto the nation and their mission is toprotect the State, ensure the safety of itsterritories, and guarantee the securityand tranquility of the citizens. No organ-ization or group is allowed to establishmilitary or paramilitary forces. The Lawregulates the military service, general orpartial mobilization, and the rights, duties,rules of discipline of the armed forces,public security organizations, and anyother forces the State decides toestablish.

CHAPTER THREE

The Public Rights and Duties

Article 15: Nationality is regulated by the Law and it isprohibited to denaturalize or revoke itexcept within the limits of the Law.

Article 16: It is prohibited to deport or exile citizens orprevent them from returning to theSultanate.

Article 17: All citizens are equal before the Law andshare the same public rights and duties.

(9)

-

iI

There is no discrimination between them onthe ground of gender, origin, colour,language, religion, sect, domicile, or socialstatus.

Article 18: Personal freedom is guaranteed accordingto the Law, and it is unlawful to arrest,search, detain, or imprison any person orhave his place of residence or freedom ofmovement or residence restricted except inaccordance with the provisions of the Law.

Article 19: Detention or imprisonment in places otherthan those designated for such purposeunder the Laws of prisons -where healthand social care is provided -is unlawful.

Article 20: No person shall be subjected to physical orpsychological torture, inducement ordemeaning treatment and the Law stip-ulates punishments of persons who commitsuch offences. Any statement or confes-sion proven to have been obtained undertorture, inducement, demeaning treatmentor threats of any such acts, shall bedeemed void.

Article 21: No crime or penalty is cognisable as suchexcept by virtue of a Law, and no punish-ment except for acts subsequent to cominginto force of the Law wherein such acts areprovided for. Penalty is personal.

Article 22: The accused is innocent until proven guiltyin a legal trial in which the essential guar-antees to exercise his right of defenceaccording to the Law are ensured. It is

(10)

prohibited to harm an accused either bodilyor mentally.

Article 23: The accused has the right to appoint aperson capable of undertaking his defenceduring the trial. The Law defines the caseswhere the appearance of a defence lawyeron behalf of the accused is imperative, andensures for those financially unable themeans to seek judicial redress and defendtheir rights.

Article 24: Any person who is arrested or detainedshall immediately be informed of thereasons for his arrest or detention. He hasthe right to contact whoever he wants toinform of what has taken place or get assis-tance in the manner regulated by the Law.Such a person shall immediately beinformed of the charges against him. He orhis representative have the right to petitionthe court against the action restricting hispersonal freedom. The Law regulates theright of petition in a manner which ensuresthat disposal of petition will be within aspecified period, failing which he must bereleased.

Article 25: Litigation is a protected right and is guar-anteed to all people. The Law prescribesthe procedures and conditions necessaryto exercise this right. The State as far asposssible will guarantee approximation ofjudicial bodies to litigants and speedysettlement of cases.

Article 26: It is unlawful to conduct any medical or

(11)

II

scientific experiment on any person without

his freely -given consent.

Article 27: Places of residence are inviolable andaccordingly trespassing thereof is illegalwithout the permission of the legaloccupant except in cases specified by theLaw and in the manner stipulated therein.

Article 28: The freedom to practice religious ritesaccording to the recognized customs isguaranteed, provided it does not disruptthe public order or contradict with morals.

Article 29: The freedom of opinion and expressionthereof through speech, writing or otherforms of expression is guaranteed withinthe limits of the Law.

Article 30: The freedom of correspondence by post,telegraph, telephone, or other means ofcommunication is protected and its confi-dentiality guaranteed. Hence it is unlawfulto monitor, search, disclose the confi-dentiality, delay or confiscate the same

, except in cases specified by the Law and in

accordance with the procedures prescribedtherein.

Article 31: Freedom of the press, printing andpublishing is guaranteed according to theterms and conditions specified by the Law.Anything leading to discord, harming theState's security or abusing human dignityor rights is prohibited.

Article 32: The citizens have the right to assemble

(12)

within the limits of the Law.

Article 33: The freedom of forming societies on anational basis and for legitimate objectivesand by peaceful means -provided that it isnot in conflict with the provisions and objec-tives of this Basic Statute -is guaranteed inaccordance with the terms and conditionsstipulated by the Law. It is prohibited toform societies the activities of which areadverse to the order of society, secret or ofa military nature. It is unlawful to force anyone to join any society.

Article 34: Citizens have the right to address publicauthorities on personal matters or mattersrelevant to public affairs, in the manner andconditions specified by the Law.

Article 35: Every foreigner who is legally resident inthe Sultanate enjoys protection to himselfand his property according the Law. Heshall uphold the society's values andrespect its traditions and sentiments.

Article 36: Extradition of political refugees is prohib-ited. Laws and international agreementsdetermine the rules for the extradition ofcriminals.

Article 37: The defence of the homeland is a sacredduty, and coming forward to serve thearmed forces is an honour to the citizensregulated by the Law.

Article 38: Preserving the national unity and safe-guarding the State's secrets is a duty

(13)

incumbent upon every citizen.

Article 39: Payment of taxes and public dues is a dutyaccording to the Law.

Article 40: Respect of the Basic Statute of the State,the Laws and orders issued by the publicauthorities in implementation thereof,observance of public order and respect ofpublic morals is a duty incumbent upon allresidents of the Sultanate.

CHAPTER FOUR

The Head of State

Article 41: The Sultan is the Head of the State and theSupreme Commander of the ArmedForces. His Person is inviolable. Respectof him is a duty and his command must beobeyed. He is the symbol of national unityand the guardian of its preservation and

protection.

Article 42: The Sultan discharges the followingfunctions:-

-Preserving the country's independanceand its territorial integrity, protecting itsinternal and external security, safe-guarding the rights and freedoms of thecitizens, ensuring the rule of law andguiding the State's general policy.

-Taking prompt measures to counter anydanger threatening the Sultanate's

(14)

safety, the integrity of its territories, thesecurity and the interest of its people orimpeding the functioning of the State'sinstitutions.

-Representing the State internally andtowards other States in all internationalrelations.

-Presiding over the Council of Ministers orappointing a person to preside.

-Presiding over the Specialized Councils orappointing a person to preside.

-Appointing Deputies Chairman of theCouncil of Ministers, Ministers and thoseof similar rank and relieving them of their

posts.

-Appointing Under-Secretaries, Secretaries-General, and those of similar rank andrelieving them of their posts.

-Appointing senior judges and relievingthem of their posts.

-Declaring state of emergency, generalmobilizations, war, and concludingpeace. The Law specifies the rulesthereof.

-Promulgating laws and ratifying them.

-Signing international treaties and agree-ments according to the provisions of theLaw or authorizing their signature and

I (15)~

issuing Decrees ratifying the same.

-Appointing political representatives toother States and international organiza-tions and relieving them of their postsaccording to the limits and conditionsstipulated by the Law, as well asaccepting the credentials of repre-sentatives of other States and inter-national organizations.

-Pardoning or commuting any penalty.

-Conferring orders of honour and militaryranks.

Article 43: The Sultan shall be assisted in formulatingand implementing the general policy of theState by a Council of Ministers and

.Specialized Councils.

The Council of Ministers

Article 44: The Council of Ministers is the bodyentrusted with the implementation of theState's general policies and in particularundertakes the following:

-Submitting recommendations to theSultan in economic, political, social,executive, and administrative matters ofconcern to the Government includingproposing draft laws and decrees.

-Protecting the interests of the citizens andensuring the availability of the necessaryservices to them, and enhancing their

(16)

economic, social, health, and culturalstandards.

-Determining the objectives and thegeneral policies for economic, social, andadministrative development andproposing the necessary means andmeasures for their implementation whichensure the best utilization of the financial,economic and human resources.

-Discussing development plans preparedby the competent authorities, submittingthem to the Sultan for approval, andfollowing up their implementation.

-Discussing proposals of Ministriesrelevant to their respective jurisdictionand taking appropriate recommendationsand decisions in this regard.

-Supervising the functioning of the State'sadministrative body, following up theperformance of its duties and co-ordinating among its units.

-Supervising generally the implementationof the laws, decrees, regulations,decisions, treaties, agreements andcourt's judgements in a manner thatensures adherence thereto.

-Discharging any other competencedelegated by the Sultan or vested by theprovisions of the Law.

Article 45: The Prime Minister shall preside the

(17)

Council's sessions and may entrust one ofthe Deputies Prime Ministers to conductthe sessions which he does not attend. Ifthe Prime Minister and his Deputies areabsent the Sultan will authorise whom hedeems appropriate to conduct thesessions.

Article 46: The Council's meetings shall be valid bythe attendance of the majority of itsmembers. Its deliberations shall be secretand its decisions are taken by the majorityof members attending.

Article 47: The Council shall formulate its internalregulations including its rules of procedureand shall have a Secretariat-Generalprovided with sufficient number of staff toassist it in performing its duties.

The Prime Minister. His DeRuties. and the Ministers

Article 48: If the Sultan appoints a Prime Minister, hisjurisdiction and powers shall be stipulatedin the Decree appointing him.

Article 49: Any appointed Prime Minister, DeputyPrime Minister, or Minister shall be:

a. Of original Omani nationality in accordancewith the Law.

b. Aged not less than 30 years of theGregorian calendar.

Article 50: Before assuming their powers, the PrimeMinister, his Deputies, and the Ministers

(18)

shall take the following oath before theSultan:

"I swear by Almighty Allah to be faithful tomy Sultan and Country, to respect theBasic Statute of the State and the State'sapplicable laws, to fully protect its entityand territorial integrity, to guard its interestsand those of its citizens and to perform myduties faithfully and honestly".

Article 51: The Deputy Prime Minister and theMinisters shall supervise their unit's affairs,implement therein the general policy of theGovernment, as well as draw the guide-lines of the unit and follow up their imple-mentation.

Article 52: Members of the Council of Ministers arecollectively responsible politically beforethe Sultan for the implementation of theState's general policy. Each of them is indi-vidually responsible before the Sultan forthe manner in which he performs his dutiesand exercises his authority in his respective Ministry or unit.

Article 53: Members of the Council of Ministers shallnot combine their ministerial position andchairmanship of or membership to a boardof directors of any public joint-stockcompany. The Government units whichthey are in charge of or supervise shall notdeal with any company or establishment inwhich they have an interest whether director indirect. They shall always, by theirconduct, pursue the interests of the country

(19)-~

and work in furtherance of the publicbenefit. They shall not abuse their officialpositions in any form whether for their ownbenefit or the benefit of those with whomthey have special relation.

Article 54: Emoluments of the Deputies Prime Ministerand the Ministers during their term of officeand after their retirement shall be deter-mined by the orders of the Sultan.

Article 55: The provisions of Articles 49, 50, 51, 52,53, and 54 shall apply to all those of aMinister's rank.

The S~ecialized Councils

Article 56: Specialized Councils shall be established,their powers determined and theirmembers appointed by virtue of SultaniDecrees.

The Financial Affairs

Article 57: The Law specifies the provisons related tothe following matters and the bodiesresponsible thereof:

-Collecting taxes and fees and other publicmonies and the procedures of itsdisbursement.

-Maintaining and managing the property ofthe State, the conditions for its disposaland the limits within which some of theseproperties can be assigned.

(20)

-The State's general budget and the finalaccount.

-The autonomous and supplementarygeneral budgets and their final accounts.

-The State Audit.

-Loans extended or obtained by the State.

-Currency, banks, standards, measures,and weights.

-Affairs of salaries, pensions, compensa-tion, subsidies, and gratuities charged tothe State's Treasury.

CHAPTER FIVE

The Oman Council

Article 58: The Oman Council shall consist of :-

1 -The Shura Council.

2 -The State Council.

The Law shall specify the jurisdiction ofeach, its term, sessions, and rules ofprocedure. Also the Law shall determinethe number of its members, the conditionsthey should satisfy, the way they areselected or appointed, the reasons for theirdismissal and other regulatory provisions.

(21 )

CHAPTER SIX

The Judiciary

Article 59: The supremacy of the Law shall be thebasis of governance in the State. Thedignity, integrity and impartiality of thejudges are the guarantee for the preserva-tion of rights and freedoms.

Article 60: The judiciary is independent and itsfunctions are exercised by the differenttypes and grades of courts which issuejudgements in accordance with the Law.

Article 61: Judges are subject only to the Law andcannot be removed except in cases deter-mined by the Law. No party can interfere inlaw suits or matters of justice, such inter-ference shall be considered a crimepunishable by law.

The Law shall determine prerequisites tobe fulfilled by whoever exercises judicialfunctions, the conditions and proceduresfor appointing, transferring and promotingjudges, the guarantees accorded to them,the cases where they cannot be removedfrom office and all other relevant provisions.

Article 62: The Law regulates the types and grades ofthe courts and specifies their functions andjurisdiction. The military courts deal solelywith military offences committed by

(22)

members of the armed and security forces.Its jurisdiction can not be extended toothers except in the case of martial law andwithin the limits prescribed by the Law.

Article 63: Courts sessions are open unless the courtdecides to hold them in camera in theinterest of public order or morals. In allcases the pronouncement of judgementmust be in open session.

Article 64: The Public Prosecution shall conductcriminal proceedings on behalf of thesociety, supervise criminal investigation,attend to the enforcement of criminal law,pursuit of the guilty and execution of judge-l ments. The law regulates Public Prosecu-i: tion, its jurisdiction and specifies conditionst. and guarantees of those who discharge itsi functions.

ft -The public security bodies may by a lawr be exceptionally entrusted withI..

conducting criminal proceedings in casesi of misdemeanours and in accordance

~ with conditions specified by the Law.r

~ Article 65: The Law regulates the legal profession.

~, Article 66: The judiciary shall have a Supreme Council

which shall supervise the proper func-tioning of the courts and auxilliary bodies.The Law shall specify its powers withregard to the job-related affairs of judgesand of Public Prosecution.

Article 67: The Law regulates the settlement of admin-

(23)

i

istrative disputes through a panel or specialcourt whose regulation and the manner ofexercising its functions shall be specifiedby the Law.

Article 68: The Law shall regulate the procedure forsettlement of conflict of jurisdictionbetween judicial bodies and in cases ofconflict of judgements.

Article 69: The Law defines the jurisdiction of theauthority responsible for giving legalopinion to the Ministries and other govern--ment units, and the formulation of the draftlaws, regulations, decisions, and theirreview. It also specifies the manner ofrepresenting the State and all publicauthorities and establishments before thecourts.

Article 70: The Law defines the judicial body entrustedwith the settlement of disputes pertaining tothe extent of conformity of laws and regu-lations with the Basic Statute of the Stateand that the said laws and regulations donot contradict with its provisions. The Lawalso specifies the powers of such judicialbody and the procedure which it mayfollow.

Article 71: Judgements shall be issued and executedin the name of His Majesty The Sultan.Omission to execute or obstruct theexecution of these judgements byconcerned public officials is a crime punish-able by law. The judgement -beneficiaryhas the right in this case to file a criminal

(24)

-

J

action directly to the competent court.

CHAPTER SEVENGeneral ProvisionsArticle 72: The application of this Basic Statute shall

not prejudice treaties and agreements theSultanate has entered into with other

t countries, international institutions and

r organizations.

Article 73: No provision of this Basic Statute shall besuspended except during periods of martiallaw and within the limits defined by theLaw.

Article 74: The Laws shall be published in the officialGazette within two weeks from the day oftheir issue. They shall come into force onthe date of their publication, unless anotherdate is specified therein.

Article 75: The provisions of the Laws shall only applyto events subsequent to the date of theircoming into force. They shall have noeffect on events prior to that date unless

, otherwise stipulated therein. This exceptionF' shall not include penal, taxation and~ financial dues laws.'c

Article 76: Treaties and agreements shall not have theforce of Law except after their ratification.In no case, shall treaties and agreementshave secret terms contradicting theirdeclared ones.

(25) I~

Article 77: Whatever is stipulated by applicable laws,regulations, decrees, orders and decisionsin force at the time when this Basic Statutecomes into effect, shall remain in forceprovided that they are not in conflict withany of its provisions.

Article 78: The competent bodies shall take steps forissuance of non-existing laws necessitatedby this Basic Statute within two years fromthe date of its coming into force.

Article 79: Laws and procedures which have the forceof Law shall conform to the provisions ofthe Basic Statute of the State.

Article 80: No authority in the State shall issue regu-lations, statutes, decisions, or directivesthat contradict the provisions of the appli-cable laws and decrees, or internationaltreaties and agreements which are part ofthe Law of the Land.

Article 81: This Statute shall not be amended exceptin the manner in which it was promulgated.

* * *

(26)

-