{ Adopted: 6 Nov 1996 / Status: 6 Nov 1996 }
{ Official Title: "The White Book. The Basic Law of the Sultanate of Oman" }
{ Royal Decree No. 101/96, issued on 6 Nov 1996 by Qaboos Bin Said, Sultan of Oman }
{ Inofficial Translation }
[Preamble]
On the Issue of the Basic Law of the State
We
And in our determination to strengthen Oman's international
position and its role in establishing the foundations of peace,
security, justice and co-operation between different States and
Peoples.
And in accordance with the exigencies of the public interest,
have decreed the following:
The issue of the Basic Law of the State in accordance with the
attached form of words.
This Decree shall be published in the Official Gazette and shall
come into force with effect from its date of issue.
Article 1 [Sovereignty]
The Sultanate of Oman is an independent, Arab, Islamic, fully
sovereign state with Muscat as its capital.
Article 2 [Religion]
The religion of the State is Islam and the Islamic Shariah is the
basis of legislation.
Article 3 [Language]
Arabic is the official language of the State.
Article 4 [Symbols]
The law shall determine the State's Flag, its Emblem, its
decorations and medals and its National Anthem.
Article 5 [Form of Government]
The system of government is an hereditary Sultanate in which
succession passes to a male descendant of Sayyid Turki bin Said
bin Sultan. It is a condition that the male who is chosen to rule
should be an adult Muslim of sound mind and a legitimate son
of Omani Muslim parents.
Article 6 [Succession]
(1) Within three days of the position of Sultan becoming vacant,
the Ruling Family Council shall determine upon who will
succeed to the Throne.
(2) If the Ruling Family Council does not agree upon a
successor, the Defence Council shall confirm the appointment
of the person designated by the Sultan in his letter to the Family
Council.
Article 7 [Oath of the Sultan]
Before exercising his powers the Sultan shall swear the
following oath at a joint session of the Oman and Defence
Councils:
"I swear by Almighty God to respect the Basic Law of the State
and the Laws, to fully protect the interests and freedoms of the
citizens, and to preserve the independence of the country and its
territorial integrity."
Article 8 [Continuous Government]
The Government shall continue to conduct its business as usual
until the Sultan is chosen and begins to exercise his powers.
Article 9 [Substantive State Principles]
Rule in the Sultanate shall be based on justice, Shura
Consultation, and equality. Citizens shall have the right to take
part in public affairs - in accordance with this Basic Law and
the conditions and circumstances defined in the Law.
Article 10 [Political Principles]
The political principles are:
- Preserving the State's independence and sovereignty,
protecting its security and stability, and defending it against all
forms of aggression.
- Reinforcing co-operation and reaffirming ties of friendship
with all States and peoples on a basis of mutual respect,
common interest, non-interference in internal affairs,
compliance with international and regional charters and treaties,
and the generally recognised principles of international law, in a
manner conducive to the promotion of peace and security
between States and Peoples.
- Laying suitable foundations for the establishment of the pillars
of genuine Shura Consultation, based on the national heritage,
its values and its Islamic Shariah, and on pride in its history,
while incorporating such contemporary manifestations as are
appropriate.
- Establishing a sound administrative system that guarantees
justice, tranquillity and equality for citizens, ensures respect for
public order and safeguards the higher interests of the country.
Article 11 [Economic Principles]
(1) The economic principles are:
- The basis of the national economy is justice and the principles
of a free economy. Its chief pillar is constructive, fruitful co-
operation between public and private activity. Its aim is to
achieve economic and social development that will lead to
increased production and a higher standard of living for
citizens, in accordance with the State's general plan and within
the limits of the Law.
- Freedom of economic activity is guaranteed within the limits
of the Law and the public interest, in a manner that will ensure
the well-being of the national economy.
- The State encourages saving and oversees the regulation of
credit.
- All natural resources are the property of the State, which
safeguards them and ensures that they are properly utilised
while taking into account the requirements of State security and
the interests of the national economy. No concession may be
granted, nor may any of the country's public resources be
exploited, except in accordance with the Law and for a limited
period of time, and in such a manner as to preserve national
interests.
- Public property is inviolable. The State shall protect it, and
citizens and all other persons shall preserve it.
- Private property
- Inheritance is a right governed by the Shariah of Islam.
- Confiscation of property is prohibited and the penalty of
specific confiscation shall only be imposed by judicial order in
circumstances defined by the Law.
- The basis of taxes and public dues shall be justice and the
development of the national economy.
- The institution, adjustment and cancellation of public taxes
shall be by virtue of the Law. No one may be exempted from
payment of all or part of such taxes except in circumstances
defined in the Law.
(2) No tax, fee or other entitlement of any kind may be applied
retrospectively.
Article 12 [Social Principles]
The social principles are:
- Justice, equality and equality of opportunity between Omanis
are the pillars of society, guaranteed by the State.
- Co-operation, compassion, strong ties between citizens, and
the reinforcement of national unity are a duty. The State shall
prevent anything that could lead to division, discord, or the
disruption of national unity.
- The family is the basis of society, and the Law regulates the
means of protecting it, safeguarding its legal structure,
reinforcing its ties and values, providing care for its members,
and creating suitable conditions for the development of their
aptitudes and capabilities.
- The State guarantees assistance for the citizen and his family
in cases of emergency, sickness, incapacity and old age in
accordance with the social security system. It also encourages
society to share the burdens of dealing with the effects of public
disasters and calamities.
- The State cares for public health and for the prevention and
treatment of diseases and epidemics. It endeavours to provide
health care for every citizen and to encourage the establishment
of private hospitals, clinics and other medical institutions under
State supervision and in accordance with the rules laid down by
Law. It also works to conserve and protect the environment and
prevent pollution.
- The State enacts laws to protect the employee and the
employer, and regulates relations between them. Every citizen
has the right to engage in the work of his choice within the
limits of the Law. It is not permitted to impose any compulsory
work on anyone except in accordance with the Law and for the
performance of public service, and for a fair wage.
- Public employment is a national service entrusted to those
who carry it out. The State employees while performing their
work shall seek to serve the public interest and society. Citizens
are considered equal in taking up public employment according
to the provisions of the Law.
Article 13 [Cultural Principles]
The cultural principles are:
- Education is a fundamental element for the progress of society
which the State fosters and endeavours to make available to all.
- Education aims to raise and develop general cultural
standards, promote scientific thought, kindle the spirit of
enquiry, meet the needs of the economic and social plans, and
create a generation strong in body and moral fibre, proud of its
nation, country and heritage, and committed to safeguarding
their achievements.
- The State provides public education, combats illiteracy and
encourages the establishment of private schools and institutes
under State supervision and in accordance with the provisions
of the Law.
- The State fosters and conserves the national heritage, and
encourages and promotes the sciences, literature, and scientific
research.
Article 14 [Security Principles]
The security principles are:
- The State's goal is peace, and safeguarding the country's
security is a duty entrusted to every citizen.
- The Defence Council studies matters concerning the
maintenance of the Sultanate's security and its defence.
- It is the State alone that establishes the Armed Forces, public
security organisations and any other forces. They are all the
property of the nation and their task is to protect the State,
safeguard the safety of its territories and ensure security and
tranquillity for its citizens. No institution or group may set up
military or paramilitary organisations. The Law regulates
military services, general or partial mobilisation and the rights,
duties and disciplinary rules of the Armed Forces, the public
security organisations and any other forces the State decides to
establish.
Article 15 [Citizenship]
Nationality is regulated by the Law. It may not be forfeited or
withdrawn except within the limits of the Law.
Article 16 [Deportation, Right of Entry]
It is not permitted to deport or exile citizens, or prevent them
from returning to the Sultanate.
Article 17 [Citizen Equality, No Discrimination]
All citizens are equal
Article 18 [Personal Freedom]
Personal freedom is guaranteed in accordance with the Law. No
person may be arrested, searched, detained or imprisoned, or
have his residence or movement curtailed, except in accordance
with the provisions of the Law.
Article 19 [Imprisonment]
Detention or imprisonment is not permitted, except in the places
designated for that purpose in the prison laws, which provide
for health care and social welfare.
Article 20 [Personal Integrity]
No person shall be subjected to physical or psychological
torture, enticement or humiliating treatment, and the Law lays
down the punishment for anyone who is guilty of such actions.
No statement shall be valid if it is established that it has been
obtained as a result of torture, enticement or humiliating
treatment, or threats of such measures.
Article 21 [Criminal Punishments]
There shall be no crime and no punishment except in
accordance with the criteria of a Law, and there shall be no
punishment except for actions cognisable in Law. Punishment is
personal not transferable.
Article 22 [Presumption of Innocence, Due Process, Personal Integrity]
An accused person is innocent until proven guilty in a legal trial
which ensures him the essential guarantee to exercise his right
of defence according to the Law. It is prohibited to harm the
accused either bodily or mentally.
Article 23 [Right to Counsel]
The accused has the right to appoint a person who has the
ability to defend him during the trial. The Law defines the
circumstances which require the presence of a lawyer on behalf
of the accused and guarantees those without the financial
capacity, the means to resort to justice and the defence of their
rights.
Article 24 [Arrest]
Anyone who is arrested shall be notified of the causes of his
arrest immediately and he shall have the right to contact
whoever he sees fit, to inform them of what has taken place or
seek their assistance, in the manner regulated by the Law. He
must be informed promptly of the charges against him, and he
and his representative shall have the right to appeal before the
judicial authorities against the measure which has restricted his
personal freedom. The Law regulates his right of appeal in a
manner which ensures that a judgement will be issued on it
within a specified period, failing which he must be released.
Article 25 [Right to Litigation]
The right to litigation is sacrosanct and guaranteed to all
people. The Law defines the procedures and circumstances
required for exercising this right and the State guarantees, as far
as possible, that the judicial authorities will reconcile the
litigants and settle cases promptly.
Article 26 [Personal Integrity Against Experiments]
It is not permitted to perform any medical or scientific
experiment on any person without his freely given consent.
Article 27 [Home]
Dwellings are inviolable and it is not permitted to enter them
without the permission of the owner or legal occupant, except
in the circumstances specified by the Law and in the manner
stipulated therein.
Article 28 [Religion]
The freedom to practise religious
Article 29 [Expression]
Freedom of opinion and expression
Article 30 [Communication]
Freedom of postal, telegraphic, telephonic and other forms of
communication is sacrosanct and their confidentiality is
guaranteed. Hence, it is not permitted to monitor or inspect
them, reveal their contents, or delay or confiscate them except
in circumstances defined by the Law and in accordance with the
procedures laid down therein.
Article 31 [Press]
Freedom of the press, printing and publication is guaranteed in
accordance with the conditions and circumstances defined by
the Law. It is prohibited to print or publish material that leads
to public discord, violates the security of the State or abuses a
person's dignity and his rights.
Article 32 [Assembly]
Citizens have the right of assembly within the limits of the
Law.
Article 33 [Association]
The freedom to form associations on a national basis for
legitimate objectives and in a proper manner, in a way that does
not conflict with the stipulations and aims of this Basic Law, is
guaranteed under the conditions and in the circumstances
defined by the Law. It is forbidden to establish associations
whose activities are inimical to social order, or are secret, or of
a military nature. It is not permitted to force anyone to join any
association.
Article 34 [Petition, Public Affairs]
Citizens have the right to address the public authorities on
personal matters or on matters related to public affairs, in the
manner and on the conditions laid down by the Law.
Article 35 [Rights of Foreigners]
Every foreigner who is legally resident in the Sultanate shall
have the right to protection of his person and his property
Article 36 [Asylum]
Extradition of political refugees is prohibited. Extradition of
criminals is subject to the provisions of international laws and
agreements.
Article 37 [Territorial Integrity, Military Duty]
Defence of the homeland is a sacred duty, and rendering
service in the Armed Forces is an honour for citizens regulated
by the Law.
Article 38 [National Unity, Duty of Citizens]
Preserving national unity and safeguarding State secrets is a
duty incumbent upon every citizen.
Article 39 [Taxes]
Payment of taxes and public dues is a duty in accordance with
the Law.
Article 40 [Observance of the Law]
Respect for the Basic Law of the State and the laws and
ordinances issued by the public authorities, as well as
observance of public order and public morals, is a duty
incumbent upon all residents of the Sultanate.
Article 41 [Head of State, Commander-In-Chief]
The Sultan is the Head of State
Article 42 [Functions]
The Sultan discharges the following functions:
- preserving the country's independence and territorial integrity
and assuring its internal and external security, maintaining the
rights and freedoms of its citizens, guaranteeing the rule of law,
and guiding the general policy of the State.
- taking prompt measures to counter any threat to the safety of
the State or its territorial integrity, the security and interests of
its people, or the smooth running of its institutions.
- representing the State both internally and externally in all
international relations.
- presiding over the Council of Ministers or appointing a person
to serve in that position.
- presiding over the Specialised Councils or appointing
chairmen for them.
- appointing and dismissing Deputy Prime Ministers, Ministers
and those of their rank.
- appointing and dismissing Under-Secretaries, General
Secretaries and those of their rank.
- appointing and dismissing senior judges.
- declaring a state of emergency, general mobilisation, or war,
and making peace in accordance with the provisions of the
Law.
- issuing and ratifying laws
- signing international treaties and agreements in accordance
with the provisions of the Law (or authorising a signatory to
sign them) and issuing decrees ratifying them.
- appointing and dismissing political representatives to other
States and international organisations according to the limits and
circumstances laid down by the Law. Accepting accreditation of
representatives of States and international organisations.
- waiving or commuting punishments
- conferring honours, decorations and military ranks.
Article 43 [Assisting Function of Council of Ministers]
The Sultan shall be assisted in drafting and implementing the
general policy of the State by a Council of Ministers and
Specialised Councils.
[Section 2] The Council of Ministers
Article 44 [Functions]
The Council of Ministers
- submit recommendations to the Sultan on economic, political
and social, as well as executive and administrative matters of
concern to the Government, and propose draft laws and
decrees.
- foster the welfare of citizens and ensure the provision of
health and other essential services in order to improve the
quality of their life socially and culturally as well as
economically.
- formulate aims and general policies for economic, social, and
administrative development and propose methods of
implementing these policies which will make the best use of
financial, economic and human resources.
- discuss developmental plans prepared by the relevant
departments, submit them to the Sultan for approval, and follow
up their implementation.
- discuss proposals by Ministries in their fields of executive
jurisdiction and make appropriate recommendations and
decisions in this regard.
- oversee the smooth running of the State's administrative
apparatus, follow up its performance of its duties , and co-
ordinate the activities of its different departments.
- monitor the implementation of all laws, decrees, ordinances
and decisions, as well as treaties and agreements and court
judgements, in a manner that will ensure that they are complied
with.
- discharge any other competencies vested in it by the Sultan or
conferred upon it by the provisions of the Law.
Article 45 [Chairmanship of Sessions]
The Head of the Council of Ministers shall preside over the
Council's sessions and has the right to entrust the chairmanship
of sessions, which he does not attend, to one of the Deputy
Prime Ministers. If the Prime Minister and his Deputies are
absent, the Sultan will authorise whoever he sees fit to chair the
sessions.
Article 46 [Quorum, Secrecy, Majority]
Meetings of the Council shall be quorate with the attendance of
a majority of its members. Its deliberations are secret and its
decisions are issued with the approval of a majority of those
present.
Article 47 [Standing Orders, General Secretariat]
The Council of Ministers shall draw up Standing Orders
including its Rules of Procedure. The Council shall have a
General Secretariat which will be provided with a sufficient
number of staff to assist it in carrying out its work.
[Section 3] The Prime Minister, His Deputies and Ministers
Article 48 [Appointment]
If the Sultan appoints a Prime Minister, his competencies and
powers shall be specified in the Decree appointing him.
Article 49 [Qualifications]
It is a prerequisite that whoever is appointed as Prime Minister,
his Deputy, or a Minister:
a) Shall be originally of Omani nationality in accordance with
the Law;
b) Shall be aged not less than 30 years of the Gregorian
calendar.
Article 50 [Oath of Ministers]
Before assuming their powers the Prime Minister, his Deputies,
and Ministers shall swear the following oath in the presence of
the Sultan:
"I swear by Almighty God that I shall be faithful to my Sultan
and my Country, that I shall respect the Basic Law of the State
and its implementing regulations; that I shall uphold at all times
the integrity of the State and the security of its territories, and
shall work to promote fully its interests and the interests of its
citizens, and that I shall discharge my duties truly and
honestly."
Article 51 [Ministries]
Deputy Prime Ministers and Ministers shall supervise the affairs
of their Ministries and Organisations, and implement the
general policy of the Government therein, as well as drawing
up future guidelines for their Ministries and Organisations and
following up their implementation.
Article 52 [Responsibility]
Members of the Council of Ministers are politically collectively
responsible before the Sultan for carrying out the general
policies of the State, and each is individually responsible before
the Sultan for the discharge of his duties and the exercise of his
powers.
Article 53 [Economic Incompatibility]
Members of the Council of Ministers shall not combine their
Ministerial position with the chairmanship or membership of the
Board of any joint stock company. Nor may the Government
departments of which they are in charge have dealings with any
company or organisation in which they have an interest,
whether direct or indirect. They should be guided in all their
actions by considerations of national interest and public welfare
and should not exploit their official positions in any way for
their own benefit or for the benefit of those with whom they
have special relations.
Article 54 [Remuneration]
The emoluments of Deputy Prime Ministers and Ministers,
during their term of office and after their retirement, shall be
determined in accordance with the directives of the Sultan.
Article 55 [Ministers]
The provisions of Articles 49, 50, 51, 52,
53 and 54 shall apply to all those with the rank of
Minister.
[Section 4] Specialised Councils
Article 56 [Establishment]
The Specialised Councils shall be established, their powers
defined and their members appointed in accordance with Royal
Decrees.
Article 57 [Financial Laws]
The Law
- collection of taxes, revenues and other public monies, and
measures for their disbursement.
- maintenance and administration of State property, the
conditions of its disposal, and the limits within which a part of
this property may be assigned.
- the general State budget and the final account
- the autonomous and supplementary budgets and their final
accounts
- control of State finances
- loans extended by or obtained by the State
- currency and banking , standards, weights and measures
- salaries, pensions, indemnities, subsidies and gratuities
charged to the State Treasury.
Article 58 [Composition]
(1) The Oman Council
- The Shura Council
- The Council of State
(2) The Law shall specify the powers of each of these Councils,
the length of their terms, the frequency of their sessions, and
their rules of procedure. It shall also specify the number of
members of each Council, the conditions which they must fulfil,
the method of their selection and appointment, the reasons for
their dismissal, and other regulatory provisions.
Article 59 [Rule of Law, Impartiality]
The sovereignty of the Law is the basis of governance in the
State. Rights and freedoms are guaranteed by the dignity of the
judiciary and the probity and impartiality of the judges.
Article 60 [Independence of the Courts]
Judicial power is independent and vested in the Courts
Article 61 [Independence of Judges]
There is no power over the judges in their rulings except the
Law
Article 62 [Organization, Military Courts, Martial Law]
The Law shall regulate the Law Courts of whatever type or
status and shall specify their functions and competencies. The
jurisdiction of Military Courts shall be restricted to military
crimes committed by members of the Armed Forces and the
security forces and shall only extend to others in the case of
martial law and then within the limits laid down by the Law.
Article 63 [Publicity]
Court hearings are public except when the Law Court decides
to hold the case in camera in the interests of public order or
public morals. In all cases pronouncement of finding and
sentence shall be in open session.
Article 64 [Public Prosecution, Attorney General]
The public prosecution shall conduct legal proceedings on
behalf of the community, shall oversee matters of judicial
prosecution and shall be vigilant in the application of the penal
code, the pursuit of the guilty and the execution of court
judgements. The Law shall regulate the public prosecution and
its competencies and shall specify the conditions and security
applicable to those who discharge its functions. In exceptional
cases, Public Security departments may be legally empowered
to conduct proceedings in cases involving misdemeanours, in
accordance with the conditions laid down by the Law.
Article 65 [Legal Profession]
The legal profession shall be regulated by the Law.
Article 66 [Higher Council]
The judiciary shall have a Higher Council, which shall oversee
the smooth running of the Law Courts and auxiliary bodies.
The Law shall specify the powers of this Council with regard to
the functions of the judges and the public prosecutor.
Article 67 [Administrative Courts]
The Law shall adjudicate in administrative disputes through a
Special Administrative Causes Court or Department, whose
organisation and mode of procedure shall be specified in Law.
Article 68 [Jurisdiction Disputes]
The Law shall adjudicate in disputes over jurisdiction between
judicial departments and in cases of conflict of judgements.
Article 69 [Ministerial Opinions]
The Law shall define the competencies of the department which
expresses legal opinions to Ministries and other Government
departments and formulates and revises draft laws, regulations
and decisions. The Law shall also specify the mode of
representation of the State and other public bodies and
organisations before the Departments of Justice.
Article 70 [Judicial Review]
The Law shall stipulate the judicial department concerned with
settling disputes arising from the incompatibility of laws and
regulations with the Basic Law of the State and ensuring that
the latter's provisions are not contravened, and shall define that
department's powers and procedures.
Article 71 [Judgements]
Judgements shall be issued and executed in the name of His
Majesty the Sultan. Failure or delay in executing these
judgements on the part of the concerned public officials shall be
a crime punishable by law. In such a case the judgement
beneficiary has the right to bring a criminal action directly to
the court concerned.
Article 72 [Treaties]
The application of this Basic Law shall not infringe the treaties
and agreements concluded between the Sultanate of Oman and
other States and international bodies and organisations.
Article 73 [Martial Law]
None of the provisions of this Basic Law shall be suspended
except in the case of martial law and within the limits laid down
by the Law.
Article 74 [Publication]
Laws shall be published in the Official Gazette within two
weeks of the day of their issuance. Laws will come into force
from their date of publication unless they stipulate another date.
Article 75 [Retroactive Law]
Provisions of laws shall only apply from the date of their
coming into force; whatever happens before that date is of no
consequence, unless the text specifies otherwise. Excluded from
this exception are penal laws and laws concerning taxes and
financial dues.
Article 76 [Ratification]
Treaties and agreements shall not have the force of law until
they have been ratified. In no case may a treaty or an
agreement contain secret conditions which contradict its
declared conditions.
Article 77 [Old Laws]
Everything stipulated by laws, regulations, decrees, directives
and decisions in force on the date of this Basic Law becoming
effective shall remain in force, provided that they do not
conflict with any of its provisions.
Article 78 [Required Laws]
Laws which are not yet in existence but are necessitated by this
Basic Law shall be promulgated by the competent departments
within two years of its coming into force.
Article 79 [Supremacy of the Constitution]
Laws and procedures which have the force of law must conform
to the provisions of the Basic Law of the State.
Article 80 [Executive Bound By Law]
No body in the State may issue rules, regulations, decisions or
instructions which contravene the provisions of laws and
decrees in force, or international treaties and agreements which
constitute part of the law of the country.
Article 81 [Amendments]
This Basic Law can only be amended in the same manner in
which it was promulgated.