Back to: Constitutions
Oman
Adopted on: 6 Nov 1996
Adopted by: Royal Decree No. 101/96, issued on 6 Nov 1996 by Qaboos
Bin Said, Sultan of Oman
Official Title: "The White Book. The Basic Law of the Sultanate of
Oman"
Preamble
On the
Issue of the Basic Law of the State We, Qaboos bin Said, Sultan of
Oman, In confirmation of the principles which have guided State
policy in various fields during the past period, and in asserting
our determination to continue efforts to create a better future
characterised by further achievements which will bring benefits to
the Country and its Citizens. 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.
Part One The State and the System of Government
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.
Part Two Principles Guiding State Policy
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 is protected. No-one shall be prevented from
disposing of his property within the limits of the Law. Nor shall
anyone's property be expropriated, except for the public benefit in
those cases defined by the Law and in the manner stipulated by the
Law, and on condition that the person whose property is expropriated
receives just compensation for it.
- 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.
Part Three Public Rights and Duties
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 before the Law, and they are equal in public
rights and duties. There shall be no discrimination between them on
the grounds of gender, origin, colour, language, religion, sect,
domicile or social status.
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 rites in accordance with
recognised customs is guaranteed provided that it does not disrupt
public order or conflict with accepted standards of behaviour.
Article 29 [Expression]
Freedom of opinion and expression, whether spoken, written or in
other forms, is guaranteed within the limits of the Law.
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 in accordance
with the Law. Foreigners shall have regard for society's values and
respect its traditions and customs.
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.
Part Four The Head of State
[Section 1 The Sultan]
Article 41 [Head of State, Commander-In-Chief]
The Sultan is the Head of State and the Supreme Commander of the
Armed Forces. His person is inviolable and must be respected and his
orders must be obeyed. The Sultan is the symbol of national unity as
well as its guardian and defender.
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 is the body entrusted with implementing
general State policies. In particular it shall:
- 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.
[Section 5] Financial Affairs
Article 57 [Financial Laws]
The Law specifies the provisions concerning the following matters
and the bodies responsible for them:
- 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.
Part Five The Oman Council
Article 58 [Composition]
(1) The Oman Council shall consist of:
- 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.
Part Six The Judiciary
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 of Law, of
whatever type or status, which issue judgements in accordance with
the Law.
Article 61 [Independence of Judges]
There is no power over the judges in their rulings except the Law.
Judges can only be dismissed in cases specified by the Law. No party
may interfere in a law suit or in matters of justice; such
interference shall be a crime punishable by law. The Law shall
specify the conditions to be fulfilled for those administering
justice, the conditions and procedures for the appointment of
judges, their transfer and promotion, the security offered to them,
the cases in which they are not liable for dismissal, and other
relevant provisions.
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.
Part Seven General Provisions
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.
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