Noor Al-Rajhi – Decree Blog https://blog.decree.om Sun, 25 May 2025 04:58:39 +0000 en-GB hourly 1 https://wordpress.org/?v=6.8.1 https://i0.wp.com/blog.decree.om/wp-content/uploads/2021/12/favicon-decree.png?fit=32%2C32&ssl=1 Noor Al-Rajhi – Decree Blog https://blog.decree.om 32 32 197035704 MTCIT Issues Public Policy for Ethical Use of AI https://blog.decree.om/2025/mtcit-issues-public-policy-for-ethical-use-of-ai/ Sun, 25 May 2025 04:41:18 +0000 https://blog.decree.om/?p=3094 Last month, the Ministry of Transport, Communications, and Information Technology (MTCIT) issued Oman’s first policy for governing the use of artificial intelligence (AI) systems. This policy was issued in the form of a circular, and therefore it is not a strictly binding legal document published in the Official Gazette.

We previously wrote a blog about this policy in August of last year, when it was still at the public consultation stage. Now that the AI governance framework has officially been issued, it’s worth noting that, as expected, the MTCIT has chosen to release it as a non-legally binding policy. While this means that it does not impose fines or include enforcement mechanisms, this approach has its advantages as it allows for flexibility and encourages voluntary compliance without imposing serious restrictions on the adoption and experimentation of this cutting edge technology.

Furthermore, as predicted in our blog on the implications of the EU AI Act for Oman, the EU’s regulatory approach had an influence on Oman’s approach in governing AI. While the MTCIT’s AI governance framework is non-legally binding (unlike the legally binding EU AI Act), it borrows several concepts from the EU AI Act, particularly in regard to the distinction between the obligations of AI system providers and AI system deployers.

The policy sets a general framework of technical controls and ethical principles that both public and private sector entities need to take into account to when developing or deploying AI systems. Those ethical principles include considering humanity and societal well-being, inclusivity, fairness, and responsibility when developing or deploying AI systems. This policy also includes provisions on periodic evaluation of AI systems for accuracy, bias, and harmful content; implementing human oversight for crucial AI decisions and their societal impact; ensuring deployed AI systems provide tangible benefits; adhering to data protection laws, restricting data use with robust security and cybersecurity best practices, and documenting AI processes for transparency.

The policy has already entered into force on 9 April 2025. You can read it in full in English on the link below:

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New Financial Law Issued https://blog.decree.om/2025/new-financial-law-issued/ Tue, 15 Apr 2025 10:39:51 +0000 https://blog.decree.om/?p=2977 The new Financial Law was published in this week’s issue of the Official Gazette repealing the Financial Law of 1998.

The Omani Financial Law does not relate to the financial industry, banks, or financial services. Instead, it sets the framework for the management and oversight of financial operations in the Omani government by setting the rules for disbursing and collecting money by government entities, the process for developing the government’s annual budget, and the prescription rules for collecting money owed by and from the Omani government.

The new Financial Law of 2025 does not make significant changes to the framework previously established by the Financial Law of 1998 and, for the most part, merely modernises the language and structure used in the law. However, there are still some subtle and specific changes such as a new provision permitting the sub-lease of a part of a government property in certain cases and the extension of the prescription period by 15 years when a final judgment is made in connection to a claim.

We highly recommend that those who do business with the Omani government read this law. The new Financial Law entered into force yesterday. You can read it in full in English on the link below:

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5 Key ICESCR Provisions: Implementation Efforts in Oman https://blog.decree.om/2025/5-key-icescr-provisions-implementation-efforts-in-oman/ Thu, 13 Mar 2025 08:44:49 +0000 https://blog.decree.om/?p=2909 The International Covenant on Economic, Social, and Cultural Rights (ICESCR) is a multilateral treaty ratified by most of the United Nations (UN) member states, which lays out and aims to enforce various economic, cultural and social rights. It is one of the principal international human rights treaties. Oman’s ratification of the ICESCR, through Royal Decree 46/2020, brought the treaty into force for the Sultanate, signifying its commitment to upholding the human rights enshrined within the covenant. Since then, Oman has actively pursued implementation of the ICESCR’s principles, with “progressive realization” as a guiding framework, and focusing on key provisions including the right to work, social security, education, and adequate standard of living.

The Principle of Progressive Realization

It takes consistent effort and adequate awareness of the local circumstances to translate the ICESRC principles into tangible realities. Hence, a core principle of the ICESCR is “progressive realization”, acknowledging that states may need time and resources to fully implement these rights. For Oman, this means continuous refinement of policies and legislation, adapting to evolving needs and building upon existing foundations to ensure sustainable progress in upholding economic, social, and cultural rights. Oman’s efforts are evident in the promulgation of several new laws targeting ICESCR rights since their 2020 ratification, which will be explored in the subsequent sections.

Right to Work

Article 6 of the ICESCR recognizes the right to work as a fundamental human right and emphasizes that everyone deserves the chance to earn a living through chosen employment with fair wages, safe conditions, and reasonable hours. Oman has made significant strides in advancing this right. Royal Decree 53/2023, promulgating the Labour Law, represents a crucial step in modernizing the labour sector. This legislation prioritizes fair employment practices, enhances worker protections, and promotes Omanisation. In an effort to ensure fairness, the new Labour Law has clarified wrongful dismissal cases, incorporating provisions that prevent discrimination, protect trade union activities, and safeguard against employer retaliation. These initiatives are designed to increase employment opportunities and ensure decent working conditions, aligning with the principles of article 6.

Right to Social Security

Article 9 recognizes the right of everyone to social security, including social insurance. Royal Decree 52/2023, promulgating the Social Protection Law, signifies Oman’s commitment to strengthening its social safety net. This law aims to expand coverage, streamline benefits, and improve the overall efficiency of social protection programs, ensuring that vulnerable populations have access to essential support. The law comprehensively addresses social services, providing support for vulnerable groups like the elderly, children, widows, orphans, and people with disabilities. A notable advancement is the law’s substantial improvement to maternity and paternity leave provisions, offering greater support to parents alongside coverage for other critical contingencies like workplace injuries and occupational illnesses. By focusing on vulnerable populations and ensuring access to essential support, Oman is making tangible progress in fulfilling the obligations of article 9.

Right to an Adequate Standard of Living

Article 11 involves ensuring that everyone has access to adequate clothing, food, and housing in addition to continuous improvements to living conditions. For Oman, the Social Protection Law stands as a cornerstone of the country’s commitment to addressing poverty and raising living standards, especially for vulnerable populations. Furthermore, to ensure the right to adequate housing, Royal Decree 42/2021 on Granting Government Land directly fulfills the ICESCR’s provisions by providing eligible Omanis with accessible land for residential purposes. This initiative sets Oman apart from many neighbouring countries, demonstrating a commitment to housing access that directly supports its citizens’ right to an adequate standard of living, particularly for low and middle-income families.

Right to Education

Article 13 ensures that education is available, accessible, and of high quality for all individuals. Oman has demonstrated a strong commitment to the right to education. In 2023, the enactment of the School Education Law and the Higher Education Law exemplify this commitment, which focus on enhancing educational quality, expanding access, and aligning education with the needs of the labour market. These laws address issues such as curriculum development and access to higher education, which Oman is striving to provide quality education for all its citizens.

Conclusion

Oman’s dedication to the ICESCR is evident in its proactive legislative measures and ongoing initiatives, demonstrating a commitment to ‘progressive realization’ across key economic, cultural and social rights.


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The Separation of Powers in Oman: Balancing Act or Centralised Rule? https://blog.decree.om/2025/the-separation-of-powers-in-oman-balancing-act-or-centralised-rule/ Tue, 18 Feb 2025 03:59:50 +0000 https://blog.decree.om/?p=2867 The principle of the separation of powers is critical for maintaining the integrity of governance while fostering its efficiency. This principle, which ensures that different branches of government perform separate roles and responsibilities, prevents the concentration of power in the hands of a single authority. But how exactly does this principle operate in the Omani context? This blog post offers an overview of the separation of powers within the Omani legal system, exploring its foundations and its application.

Understanding the Separation of Powers

Primarily, the separation of powers distributes government power among three branches: the executive, the legislative, and the judiciary. In Oman, the separation of powers is a fundamental aspect of the legal system, however, it is implemented with distinct characteristics that reflect the country’s unique cultural and political context. While the Sultan holds significant authority, as head of state, Oman has adopted a system which incorporates a form of separation among its government branches. 

The Basic Statute of the State serves as the constitution of the Sultanate of Oman, establishing the overarching legal foundation for governance. Although the term “separation of powers” is not used explicitly, the constitution outlines a structure for the separation of powers among the executive, legislative, and judicial branches, with the Council of Ministers, the Council of Oman, and the Supreme Judicial Council heading each of these branches respectively.

The Executive

The executive branch of the government is represented by the Council of Ministers who are responsible for implementing the pubic policies of the state. Article 51 of the Basic Statute of the State details additional responsibilities of the Council of Ministers, including debating proposals from the ministries, submitting recommendations to the Sultan, and overseeing the implementation of laws.

The Council of Ministers, as the head of the executive branch, is led by the Prime Minister who presides over the council sessions. While the role of the Prime Minister is technically separate from the role of the Sultan, currently the Sultan is the Prime Minister.

The Legislature

The legislative branch, represented by Majlis Oman (Council of Oman), is responsible for reviewing draft legislation. Majlis Oman only has the authority to suggest new laws or amendments to the Council of Ministers; it does not have the authority to enact actual laws. It is made of two bodies: the Majlis al-Dawla (State Council) and the Majlis al-Shura (Shura Council). The bicameral framework promotes wider representation and greater public consideration of legislative matters. You can learn more about the role of Majlis Oman by reading the Law of Majlis Oman.

The Judiciary

The judiciary’s function is one of the most significant aspects of the separation of powers. The judiciary in Oman, as stipulated in article 77 of the Basic Statute, is constitutionally independent. This means it has the authority to interpret and apply the law free from undue influence or interference from the executive (Council of Ministers) or the legislative (Majlis Oman) branches. The judicial branch is entrusted to interpret and apply laws, challenge executive actions, and ensure that individuals’ rights are protected.

The judiciary in Oman is represented by the Supreme Judicial Council., which was most recently re-established by Royal Decree 35/2022 and has the Sultan as its chairman.

Is There a True Separation of Powers?

While the Basic Statute of the State outlines a separation of powers between the executive, legislative, and judicial branches, the Sultan’s leadership of both the executive (as the Prime Minister of the Council of Ministers) and the judiciary (as chairman of the Supreme Judicial Council) raises questions about the true extent of this separation. In addition, regarding the legislative function, the Sultan plays a vital role in being the ultimate authority on all legal matters, as no law can be promulgated without a royal decree.

However, even though the Sultan has power over the three branches of the government, the extent to which the Sultan interferes with the operation of these branches in practice is extremely limited making the Sultan the ultimate guarantor of the principle of separation of powers in Oman.

You can learn more about the system of governance in Oman by reading the Basic Statute of the State on the link below:

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