- CHAPTER ONE
- CHAPTER TWO
- CHAPTER THREE
- Article 15:
- Article 16:
- Article 17:
- Article 18:
- Article 19:
- Article 20:
- Article 21:
- Article 22:
- Article 23:
- Article 24:
- Article 25:
- Article 26:
- Article 27:
- Article 28:
- Article 29:
- Article 30:
- Article 31:
- Article 32:
- Article 33:
- Article 34:
- Article 35:
- Article 36:
- Article 37:
- Article 38:
- Article 39:
- Article 40:
- CHAPTER FOUR
- CHAPTER FIVE
- CHAPTER SIX
- CHAPTER SEVEN
SULTANI DECREE NO. (101/96) We Qaboos bin Said, The Sultan of Oman
Confirming the principles that guided the policies of the State in various fields during the past era;
Resolving to continue our efforts for the development of a better future characterized by further achievements for the benefit of the country and the citizens;
Consolidating the international status that Oman enjoys and its role in establishing the foundations of peace, security, justice and co-operation among various States and peoples;
And in pursuance of the public interest
Have decreed as follows:
Article One: The Basic Statute of the State is hereby promulgated in accordance with the attached formulation.
Article Two: This Decree shall be published in the official Gazette and shall come into force 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 " Su Itan of Oman
The State and the of Government
Article 1:
Article 2:
Article 3: Article 5:
Article 6:
The Sultanate of Oman is an Arab, Islamic, Independent State with full sovereignty and Muscat is its Capital
The State's religion is Islam and Islamic Sharia is the basis for legislation.
The State's official language is Arabic.
The Law determines the State's Flag, Emblem, Insignia and National Anthem.
The system of government is Sultani (Royal), hereditary in the male descendants of Sayyid Turki bin Said bin Sultan, provided that the one to be chosen as successor shall be a Muslim, judicious, of sound mind and legitimate son of Omani Muslim parents.
The Ruling Family Council shall within three days of the throne falling vacant, determine the successor to the throne.
If the Ruling Family Council does not agree on the choice of the successor to the throne, the Defence Council shall confirm the appointment of the person designated by the Sultan in his letter to the Ruling Family Council.
Article 7: The Sultan, before exercising his authority, shall, in a joint session of the Oman Council and the Defence Council, take the following oath.
"I swear by Almighty Allah to respect the Basic Statute of the State and the Laws and to fully safeguard the interests of the citizens and their freedom and to preserve the independence of the country and its territorial integrity".
Article 8: The Government shall continue to perform its functions as usual until the Sultan is chosen and exercises his powers.
Article 9: Rule in the Sultanate shall be based on justice, shura and equality. The citizens have the right -in accordance with this Basic Statute and the conditions and provisions stipulated by the Law -to participate in public affairs.
CHAPTER TWO
The the State's
Article 10: The Political Principles:
-Preserving the independence and sovereignty of the State and safeguarding its entity, security, stability and defending it against any aggression.
-Reinforcing ties of co-operation and reaffirming friendly relations with all States and peoples on the basis of mutual respect, common interest, noninterference in the internal affairs and adherence to the international and regional charters and treaties and the generally recognized norms of international Law conducive to the promotion of peace and security among States and peoples.
-Laying suitable foundations for consolidating the pillars of genuine shura emanating from the country's heritage, values and its Islamic Sharia, taking pride in its history while adopting the useful contemporary methods and tools.
-Establishing sound administrative system that guarantees justice, tranquility and equality for the citizens and ensures respect for the public order and the preservation of the higher interests of the country.
Article 11: The Economic Principles:
-The national economy is based on justice and the principles of free economy. Its essence is the constructive and fruitful co-operation between public and private activity. Its objective is the achievement of economic and social development in order to increase production and raise the standard of living of the citizens according to the State's general plan and within the limits of the Law.
(4)
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 national economy.
-The State encourages savings and supervises the regulation of credit.
-All natural resources and revenues therefrom shall be the property of the State which will preserve and utilize them in the best manner taking into consideration the requirements of the State's security and the interests of national economy. No concession or investment in any of the public resources of the country may be granted except by virtue of a law and for a limited period, provided the national interests are safeguarded.
-Public property shall be inviolable. The State shall protect it and citizens and residents shall preserve it.
-Private ownership is safeguarded and no person shall be prevented from disposing of his property except within the limits of the Law. And no property shall be expropriated except for the public interest in case, stipulated by the Law and in the manner specified therein, provided that the person dispossessed shall be fairly compensated. Inheritance is a right governed by Islamic Sharia.
-Confiscation of property is forbidden.
(5)
Specific confiscation as a penalty shall not be imposed except by judicial order, and in cases specified in the Law.
-Taxes and general charges are based on justice and the development of the national economy.
-Imposition of public taxes, amending and cancelling the same shall be by virtue of a law and no person is exempted from paying all taxes or part thereof except in the cases specified in the Law.
-It is not permitted to impose a new tax, fee or any right with retrospective effect whatever its type might be.
Article 12: The Social PrinCiples:
-Justice, equality, and equality of opportunities for Oman is are the pillars of the society and are guaranteed by the State.
-Co-operation, mutual compassion are intimate bonds among the citizens and the reinforcement of the national unity is a duty. The State shall prevent anything that might lead to division, sedition or disruption of national unity.
-The family is the basis of the society and the Law regulates means of protecting it, preserving its legal entity, reinforcing its ties and values, looking after its members and providing the suitable conditions to develop their potential and capabilities.
-The State guarantees assistance for the citizen and his family in cases of emergency, sickness, disability and old age according to the scheme of the social security and shall work for the solidarity of the society in bearing the burdens resulting from national disasters and catastrophies.
-The State cares for public health and the means of prevention and treatment of diseases and epidemics. It endeavours to provide healthcare for every citizen and encourages establishing private hospitals, polyclinics and medical institutions under its supervision and according to regulations determined by the Law. It also works for the conservation of the environment, its protection and prevention of pollution.
-The State enacts Laws for the protection of the employee and the employer and regulates the relationship between them. Every citizen has the right to pursue the profession he chooses within the limits of the Law. It is not permitted to impose any compulsory work on anybody except by virtue of a law and only for rendering a public service and in return for a fair remuneration.
Public employment is a national service entrusted to those who carry it out. The State employees, while carrying out their work, shall pursue the public interests and service to the society. Citizens are considered equal in taking up public employment according to the provisions of the Law.
Article 13: The Cultural Principles:
-Education is a cornerstone for the progress of society which the State fosters and endeavours to spread and make it accessible to all.
-Education aims to raise and develop the general cultural standard, promote scientific thought, kindle the spirit of research, respond to the requirements of economic and social plans, build a generation that is physically and morally strong, that takes pride in its nation, country, and heritage and preserves its achievements.
-The State provides public education, works to combat illiteracy and encourages the establishment of private schools and institutes under its supervision and according to the provisions of the Law.
-The State fosters and preserves the national heritage, encourages the sciences, arts, literature, scientific research and assists in their propagation.
Article 14: The Security Principles:
-Peace is the objective of the State, and the country's safety is a duty incumbent on every citizen.
-The Defence Council considers the matters related to preserving the Sultanate's safety and its defence.
-Only the State establishes the armed forces, public security organizations and any other forces. All these forces belong to the nation and their mission is to protect the State, ensure the safety of its territories, and guarantee the security and tranquility of the citizens. No organization or group is allowed to establish military or paramilitary forces. The Law regulates the military service, general or partial mobilization, and the rights, duties, rules of discipline of the armed forces, public security organizations, and any other forces the State decides to establish.
The Public and Duties
Article 15: Nationality is regulated by the Law and it is prohibited to denaturalize or revoke it except within the limits of the Law.
Article 16: It is prohibited to deport or exile citizens or prevent them from returning to the Sultanate.
Article 17: All citizens are equal before the Law and share the same public rights and duties. (10)
prohibited to harm an accused either bodily or mentally.
Article 23: The accused has the right to appoint a person capable of undertaking his defence during the trial. The Law defines the cases where the appearance of a defence lawyer on behalf of the accused is imperative, and ensures for those financially unable the means to seek judicial redress and defend their rights.
Article 24: Any person who is arrested or detained shall immediately be informed of the reasons for his arrest or detention. He has the right to contact whoever he wants to inform of what has taken place or get assistance in the manner regulated by the Law. Such a person shall immediately be informed of the charges against him. He or his representative have the right to petition the court against the action restricting his personal freedom. The Law regulates the right of petition in a manner which ensures that disposal of petition will be within a specified period, failing which he must be released.
Article 25: Litigation is a protected right and is guaranteed to all people. The Law prescribes the procedures and conditions necessary to exercise this right. The State as far as posssible will guarantee approximation of judicial bodies to litigants and speedy settlement of cases.
Article 26: It is unlawful to conduct any medical or
(11)
Article 27:
Article 28:
Article 29:
Article 30:
Article 31:
Article 32:
scientific experiment on any person without his freely -given consent.
Places of residence are inviolable and accordingly trespassing thereof is illegal without the permission of the legal occupant except in cases specified by the Law and in the manner stipulated therein.
The freedom to practice religious rites according to the recognized customs is guaranteed, provided it does not disrupt the public order or contradict with morals.
The freedom of opinion and expression thereof through speech, writing or other forms of expression is guaranteed within the limits of the Law.
The freedom of correspondence by post, telegraph, telephone, or other means of communication is protected and its confidentiality guaranteed. Hence it is unlawful to monitor, search, disclose the confidentiality, delay or confiscate the same except in cases specified by the Law and in accordance with the procedures prescribed therein.
Freedom of the press, printing and publishing is guaranteed according to the terms and conditions specified by the Law. Anything leading to discord, harming the State's security or abusing human dignity or rights is prohibited.
The citizens have the right to assemble
(12) within the limits of the Law. incumbent upon every citizen.
Promulgating the Basic Statute of the State
THE BASIC STATUTE OF THE STATE
CHAPTER ONE
Article 4:
CHAPTER THREE
There is no discrimination between them on the ground of gender, origin, colour, language, religion, sect, domicile, or social status. Article 18: Personal freedom is guaranteed according to the Law, and it is unlawful to arrest, search, detain, or imprison any person or have his place of residence or freedom of movement or residence restricted except in accordance with the provisions of the Law. Article 19: Detention or imprisonment in places other than those designated for such purpose under the Laws of prisons -where health and social care is provided -is unlawful. Article 20: No person shall be subjected to physical or psychological torture, inducement or demeaning treatment and the Law stipulates punishments of persons who commit such offences. Any statement or confession proven to have been obtained under torture, inducement, demeaning treatment or threats of any such acts, shall be deemed void. Article 21: No crime or penalty is cognisable as such except by virtue of a Law, and no punishment except for acts subsequent to coming into force of the Law wherein such acts are provided for. Penalty is personal. Article 22: The accused is innocent until proven guilty in a legal trial in which the essential guarantees to exercise his right of defence according to the Law are ensured. It is