[oman-l] 1996 Basic Law

[Ian McHaffie]

>Hello everyone!
>
>I've been trying to locate an electronic copy of the 6 November 1996 Basic
>Law, Royal Decree No. 101/96.
>
>I've tried several web pages, but they are either down or I can't find
>that document.
>
>Would someone be so kind as to e-mail me a copy?  An official translation
>would be best, but the unofficial translation which was circulating a
>while ago would also be greatly appreciated.
>
>Thanks,
>
>==============================================================================
>Dr. Joshua Teitelbaum					 Tel: [972] 3-640-6448
>Moshe Dayan Center for Middle Eastern and		 Fax: [972] 3-641-5802
>  African Studies				E-mail:teitelba@ccsg.tau.ac.il
>Tel Aviv University
>Ramat Aviv, Tel Aviv 69978  Israel
>==============================================================================



Here is a copy I got from somewhere on the 'net! Hope it is of some use.
You may have to adjust the tabs - I adjusted the format as what I received
had extra returns!


Ian McHaffie
ianmch@inforamp.net
____________________________________________________________________________

In the Name of Allah, the Compassionate, the Merciful

THE WHITE BOOK

THE BASIC LAW OF THE SULTANATE OF OMAN

(translation not officially approved)

Royal Decree No. 101/96

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:

Article (1) 	The issue of the Basic Law of the State in accordance with
the attached form of words.

Article (2)	This Decree shall be published in the Official Gazette and
shall come into force with effect from its date of issue.

Issued on: 24 Jumada al Akhira 1417 AH

Corresponding to: 6 November 1996

(Signature)

QABOOS BIN SAID

SULTAN OF OMAN

Part One

Basic Law of the State

The State and the system of Government:

Article (1)	The Sultanate of Oman is an independent, Arab, Islamic,
fully sovereign state with Muscat as its capital.

Article (2)	The religion of the State is Islam and the Islamic Shariah
is the basis of legislation.

Article (3)	Arabic is the official language of the State.

Article (4)	The law shall determine the State's Flag, its Emblem, its
decorations and medals and its National Anthem.

Article (5)	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)	Within three days of the position of Sultan becoming
vacant, the Ruling Family Council shall determine upon who will succeed to
the Throne.

			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)	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)	The Government shall continue to conduct its business as
usual until the Sultan is chosen and begins to exercise his powers.

Article (9)	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:

			* 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:

			* 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.

No tax, fee or other entitlement of any kind may be applied retrospectively.

Article (12)	Social Principles:

			* 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:

			* 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 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)	Nationality is regulated by the Law. It may not be
forfeited or withdrawn except within the limits of the Law.

Article (16)	It is not permitted to deport or exile citizens, or prevent
them from returning to the Sultanate.

Article (17)	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 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)	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)	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)	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)	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)	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)	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)	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)	It is not permitted to perform any medical or scientific
experiment on any person without his freely given consent.

Article (27)	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)	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)	Freedom of opinion and expression, whether spoken, written
or in other forms, is guaranteed within the limits of the Law.

Article (30)	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)	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)	Citizens have the right of assembly within the limits of
the Law.

Article (33)	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)	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)	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)	Extradition of political refugees is prohibited.
Extradition of criminals is subject to the provisions of international laws
and agreements.

Article (37)	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)	Preserving national unity and safeguarding State secrets is
a duty incumbent upon every citizen.

Article (39)	Payment of taxes and public dues is a duty in accordance
with the Law.

Article (40)	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

Article (41)	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)	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)	The Sultan shall be assisted in drafting and implementing
the general policy of the State by a Council of Ministers and Specialised
Councils.

The Council of Ministers

Article (44)	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)	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)	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)	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.

The Prime Minister, His Deputies and Ministers

Article (48)	If the Sultan appoints a Prime Minister, his competencies
and powers shall be specified in the Decree appointing him.

Article (49)	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)	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)	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)	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)	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)	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)	The provisions of Articles 49, 50, 51, 52, 53 and 54 shall
apply to all those with the rank of Minister.

Specialised Councils

Article (56)	The Specialised Councils shall be established, their powers
defined and their members appointed in accordance with Royal Decrees.

Financial Affairs

Article (57)	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)	The Oman Council shall consist of:

			* The Shura Council

			* The Council of State

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)	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)	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)	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)	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)	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)	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)	The legal profession shall be regulated by the Law.

Article (66)	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)	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)	The Law shall adjudicate in disputes over jurisdiction
between judicial departments and in cases of conflict of judgements.

Article (69)	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)	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 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)	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)	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)	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)	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)	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)	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)	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)	Laws and procedures which have the force of law must
conform to the provisions of the Basic Law of the State.

Article (80)	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)	This Basic Law can only be amended in the same manner in
which it was promulgated.