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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.

Written by:

Noor Al-Rajhi

Noor is a legal intern at Decree. She has completed a vacation scheme in an international law firm and has experienced training in local and international law firms. She is interested in corporate law, international investment law, and dispute resolution. She holds an LLB from the University of Liverpool.

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

1. Commercial Companies Law:

The Commercial Companies Law determines the types of companies that may be registered in Oman, namely: general partnerships, limited partnerships, joint ventures, joint stock companies (public/closed), holding companies, limited liability companies, and one-person companies. The law provides the legal framework and requirements for establishing and forming these companies, the roles and responsibilities of company directors, the rights and obligations of shareholders, procedures for conversion, merger, dissolution, and liquidation of the company, as well as providing a concise legal framework for insolvency proceedings and company liquidation.

2. Labour Law:

The Labour Law governs the relationship between employers and employees and attempts to strike a balance for the legal protection of both parties. The law covers issues such as employment contracts, working hours, leaves, wages, occupational safety, termination of employment, and dispute resolution. A comprehensive understanding of labour law is crucial for law graduates aspiring to work in commercial law, as it enables them to advise on employment practices, compliance with Ministry of Labour directives, and managing workplace disputes.

3. Law of Arbitration in Civil and Commercial Disputes:

Given Oman’s growing focus on alternative dispute resolution, the Law of Arbitration in Civil and Commercial Disputes is critical as it provides the legal framework for arguably the most important mechanism for alternative dispute resolution: arbitration. Arbitration offers a flexible, confidential, and legally binding mechanism for settling disputes, making it an essential aspect of commercial practice in Oman, especially in sectors like construction, energy, and finance. The law outlines the rules and procedures governing arbitration agreements, the appointment of arbitrators, arbitration hearings, and the enforcement of arbitral awards. For law graduates, understanding arbitration laws is essential for advising clients on the most efficient and cost-effective dispute resolution mechanisms.

4. Personal Data Protection Law:

As Oman advances in digital transformation, the Personal Data Protection Law has become a crucial piece of legislation. This law sets regulations for the collection, processing, storage, and transfer of personal data. It imposes strict compliance requirements on businesses, including the need to obtain consent for data processing, implement security measures, and adhere to restrictions on cross-border data transfers. A solid grasp of the implications of this law is crucial for law graduates, especially those advising clients on data protection compliance and mitigating legal risks associated with data breaches or non-compliance with privacy regulations. The Personal Data Protection Law is particularly relevant in sectors such as banking, telecommunications, healthcare, and e-commerce that rely heavily on the processing of personal data.

Conclusion

The laws mentioned above are merely some of the key commercial laws that a commercial lawyer needs to know. The Omani legal system is continuously developing, and it is extremely important for all lawyers to stay up to date with new legal developments to be able to provide their clients with reliable legal advice. One of the easier ways to stay up to date with the latest updates in the Omani legal system is to simply follow Decree on LinkedIn and Instagram.

Written by:

Saja Al-Hosni

Saja is a legal intern at Decree. She has previously interned in an Omani law firm and in the University of Liverpool Law Clinic. She is interested in commercial, corporate, and international investment law. She holds an LLB from the University of Liverpool.

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:

Written by:

Noor Al-Rajhi

Noor is a legal intern at Decree. She has completed a vacation scheme in an international law firm and has experienced training in local and international law firms. She is interested in corporate law, international investment law, and dispute resolution. She holds an LLB from the University of Liverpool.

1. Free Trade Agreements:

Free Trade Agreements (FTAs) are treaties between countries that aim to reduce or eliminate barriers to trade, such as tariffs and quotas. These agreements also address non-tariff barriers, like regulatory standards, intellectual property protections, and services. FTAs play a significant role in fostering economic cooperation and increasing market access across borders. Oman is a member of several important FTAs, including the Oman-US FTA, which has been in effect since 2009.

2. Bilateral Investment Treaties:

Bilateral Investment Treaties (BITs) are agreements between two countries that outline the terms and conditions under which investments from one country will be protected when entering the other country. These treaties are crucial in promoting foreign investment by providing protections against expropriation, unfair treatment, and ensuring access to dispute resolution mechanisms like arbitration. In Oman, the government has signed multiple BITs to attract foreign investment and safeguard its economic interests, with the most recent being the Oman-Hungary BIT ratified in 2022. You can learn more about BITs by reading our blog post on the Key Provisions of Bilateral Investment Treaties.

3. Double Taxation Agreements:

Double Taxation Agreements (DTAs) are treaties between two or more countries designed to avoid the problem of double taxation on the same income. These agreements allocate taxing rights between countries and provide relief for taxpayers, typically through exemptions or tax credits. Oman has signed DTAs with several countries, such as the United Kingdom, France, and Germany, which help mitigate the risk of double taxation for individuals and businesses.

Conclusion

Understanding these three key international agreements is essential for law graduates seeking to navigate the complexities of global legal systems. Whether practising in international law or advising domestic clients on cross-border matters, a solid grasp of these treaties will enhance your legal expertise and open new career opportunities. For law graduates, knowledge of these agreements is particularly relevant in shaping Oman’s legal structure and ensuring its continued integration into the global legal landscape.

Written by:

Saja Al-Hosni

Saja is a legal intern at Decree. She has previously interned in an Omani law firm and in the University of Liverpool Law Clinic. She is interested in commercial, corporate, and international investment law. She holds an LLB from the University of Liverpool.

The Government of the Sultanate of Oman is routinely criticised by the international community for discriminating between the treatment of Omani men and women as the law deprives Omani women of the ability to transmit nationality to their children if they marry to a foreigner. Unfortunately, the new law does not change this key principle for the transmission of Omani nationality only through the father, but it lowers the requirements for obtaining Omani nationality for all paths to nationality and creates a new quicker path for a foreign husband of an Omani woman to obtain Omani nationality.

Generally speaking, the Omani Nationality Law of 2025 retains the same structure and approach of the Omani Nationality Law of 2014 as it requires nationality to be granted by royal decree through an application made to the Ministry of Interior, and decisions made in this regard are not subject to review by any of the courts. The law also retains the same principle that dual nationality cannot be granted except as an exception by royal decree and does not provide any clarifications for the cases in which this exception would be granted.

The law retains the distinction between a holder of Omani nationality by origin and a person granted Omani nationality, which makes a difference in regard to cases in which Omani nationality can be revoked. Under the law of 2014, any person born to an Omani father is automatically deemed Omani by origin. The new Omani Nationality Law of 2025 makes the standard for being considered Omani by origin higher by giving it to third generation descendants of a nationalised Omani after these grandchildren reach the age of 50.

Other than the higher standard for who is considered an Omani by origin, the requirements for obtaining Omani nationality have been reduced as follows:

The meaning of continuous residence for all paths to nationality has also been loosened as the previous law considered being out of the country for more than 60 days in a year a violation of the continuous residence requirements. This period has now been extended to 90 days.

The law also has other provisions determining the treatment of foreign husbands and wives of Omanis who divorce their Omani partners after obtaining nationality, a new ground for revoking nationality from Omanis by origin for insulting the person of the Sultan, and other provisions.

You can read the new Omani Nationality Law in full in English on the link below:

Formation and Framework

The Basic Statute of the State, often referred to as the Constitution of Oman, establishes the framework for forming the Council of Ministers and specifies its duties. It outlines the conditions for appointing the Prime Minister, deputy prime ministers, and other ministers, all of whom must be appointed by royal decree. While His Majesty Sultan Haitham Bin Tarik currently serves as the Prime Minister, the Basic Statute of the State provides a mechanism to appoint another individual to fulfil this role if necessary.

Key Duties of the Council of Ministers

As stipulated in article 51 of the Basic Statute of the State, the Council of Ministers is entrusted with a wide range of responsibilities, which can be categorised into three main areas:

Legislative Duties

One of the key responsibilities of the Council of Ministers is its legislative function. The Council of Ministers submits recommendations to the Sultan on matters of concern to the state, ensuring that key issues are addressed effectively. Additionally, it proposes draft laws and royal decrees, which are then issued by His Majesty after going through Majlis Oman. These legislative functions are fundamental in shaping the legal framework and maintaining the rule of law in Oman.

Setting State Policies

Another critical area of responsibility is setting state policies. The Council determines the general objectives and policies for comprehensive development, laying the groundwork for national progress. It also establishes the necessary procedures to implement these policies, ensuring their effectiveness. Furthermore, the Council debates development plans prepared by competent authorities, presenting them to Majlis Oman for review before submitting them to the Sultan for approval. Through these efforts, the Council of Ministers ensures that the policies are aligned with the public interest and national priorities.

Oversight Duties

Equally important are the Council of Minister’s oversight duties. The Council of Ministers oversees the functioning of the administrative apparatus of the state, ensuring that its various units perform their duties efficiently and in compliance with established laws and regulations. It monitors the implementation of laws, royal decrees, regulations, decisions, treaties, agreements, and court judgments, ensuring strict adherence to them. In addition, the Council of Ministers reviews proposals from ministries in their respective areas of competence, facilitating coordination and making informed decisions. These oversight responsibilities are crucial for maintaining efficiency, accountability, and transparency across the government.

These were some of the key duties of the Council of Ministers, you can read learn more about this extremely important government body by reading the Basic State of the State.

Written by:

Saja Al-Hosni

Saja is a legal intern at Decree. She has previously interned in an Omani law firm and in the University of Liverpool Law Clinic. She is interested in commercial, corporate, and international investment law. She holds an LLB from the University of Liverpool.

Entities subject to this regulation were originally required to comply with its provisions by February 2025, and this new amendment changes this deadline to February 2026.

Even though this technically relates to the Executive Regulation and not the actual Personal Data Protection Law, which in theory entered into force in February 2023, the extension of the deadline for complying with the executive regulation effectively means that neither the law or the regulation will not be enforced in Oman until February 2026.

You can read the consolidated version of the Executive Regulation of the Personal Data Protection Law by clicking on the link below: