Categories
Article

The Making of a Constitution: History of the Basic Statute of the State

The constitution of the Sultanate of Oman, formally known as the Basic Statute of the State, is the supreme legislative document in the country. It governs the operation of the institutions of the state and determines the relationship of the states with all individuals while providing structure and clarity on the operation of the government. The Basic Statute of the State was issued by His Majesty Sultan Qaboos through Royal Decree 101/96 in the year 1996 as a gift to the people of Oman. Since then, it was amended twice, in 2011 and 2021. This blog post will outline the status of the legal system before 1996, before outlining the changes made to the Basic Statute of the State throughout the years.

Categories
Article

Principles That Shape Oman: A Look into Book Two of the Basic Statute of the State

Book Two of the Basic Statute of the State, i.e. the Omani constitution, lays down the foundation for how the state functions as well as its main priorities. While the Basic Statute of the State as a whole is rich in constitutional guidance, Book Two is especially notable for how it comprehensively maps out the principles that shape Oman’s political, economic, social, and cultural trajectory. This blog post highlights the key principles found in this extremely important part of the Omani constitution.

Categories
Article

5 Key ICESCR Provisions: Implementation Efforts in Oman

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.

Categories
Article

Four Commercial Laws Every Law Graduate Must Read

If you are a recent law graduate with aspirations for working in-house or in private practice with a focus on commercial law matters, you need to make sure that you are familiar with the key commercial laws of Oman.

This blog post highlights the most important commercial laws that are fundamental for law graduates to learn about:

Categories
Article

The Separation of Powers in Oman: Balancing Act or Centralised Rule?

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.

Categories
Article

Three International Agreements Every Law Graduate Must Know

In an increasingly interconnected world, legal practice extends beyond national borders. For law graduates, understanding key international agreements and treaties is essential for navigating global legal systems, especially those that the Government of the Sultanate of Oman has signed with other countries. Whether specialising in international law or operating domestically, familiarity with these frameworks strengthens legal expertise and opens up broader career opportunities. This blog post highlights three types of international agreements that the Government of the Sultanate of Oman routinely signs with other countries and that every law graduate must know.

Categories
Article

Duties of the Council of Ministers

The Government of the Sultanate of Oman is built upon the principle of the separation of powers among the executive, legislative, and judiciary branches of government. The Council of Ministers represents the executive branch, Majlis Oman serves as the legislative body, and the Supreme Judicial Council oversees the judiciary. This blog post will explore the role of the key player in the executive branch of the government: The Council of Ministers.

Categories
Article

Paths to Omani Nationality Under the Law

Now that it has been established that obtaining an Omani passport does not equate to obtaining Omani nationality, this post will explore the paths set by the Omani Nationality Law promulgated by Royal Decree 38/2014 for obtaining Omani nationality. Pursuant to this law, there are three paths for obtaining nationality in Oman: by origin, by reinstatement, and by grant from His Majesty the Sultan. This post will provide details on each one of these three paths.

Categories
Article

Types of Passports under the Omani Passports Law

The Omani passport and the Omani nationality are closely interlinked topics, but they are governed by two separate pieces of legislation: The Law of the Omani Passport and the Omani Nationality Law. A passport is a travel document given by a state, but it does not equate to nationality. In this blog post, we are going to highlight the six different kinds of passports or travel documents available in Oman and the conditions for obtaining them, which as will be illustrated below, does not always require Omani nationality.

The types of passports are determined by the Law of the Omani Passport. However, due to the fact that some types of passports are issued by the Foreign Ministry, and not the Royal Oman Police, certain provisions relating to those passports are also governed by the Law Governing the Foreign Ministry.

Categories
Article

Is the Basic Statute of the State a Constitution?

A country’s constitution is the most essential legal document in a legal system for a variety of reasons: It regulates the country’s governance structure, sets the fundamental rights of individuals, and is the most supreme legal document in a country that prevails over all other laws. Therefore, it is of vast importance to identify the constitutional statutes to apply laws correctly and to fairly regulate life and society.

The Omani Basic Statute of the State was first promulgated in 1996 by Sultan Qaboos by Royal Decree 101/96, as a gift to the people of Oman. The Basic Statute of the State provided a general legal framework upon which Oman operates, establishing its status and role as a constitution in Oman. However, since it is not formally called a constitution (or a Dostour in Arabic) and was promulgated merely by royal decree, some may doubt its legal status as the constitution.

To answer this question, this post will examine the Basic Statute of the State from a number of dimensions, namely, its name, its supremacy over other documents, its content, and its entrenchment, all of which are key attributes of constitutional documents.