Oman's Legal System & Shura

• The lecture introduces Oman's legal system, human rights, and the role of the Oman Council, focusing on democracy and the concept of Shura.

Key Points from Last Lecture

• Structure and Main Characteristics of the Oman Basic Statute were discussed
• The definition of Democracy was covered
• Core Values of Democracy were defined
• The relationship between Democracy and Human Rights were examined
• Shura was introduced
• Shura VS Democracy was compared

Shura in Oman

• Shura is integral to Oman's political system, sharing social and traditional aspects with other Gulf States.
• It is part of the traditional tribal system, where each tribe has its own consultative council (Majlis or Sablah).
• Shura served as a vital component of the Imamate system, where the Shura council governed political and legal issues, including electing and dismissing rulers.

Basic Statute and Shura

• Sultan Qaboos stated in 1995 that Oman's democratic process must align with its culture, religion, traditions, and needs, rather than importing foreign models.
• Shura is not just part of the Islamic tradition but also method of state governance like in Saudi Arabia
• 'Shura' often names parliaments in Muslim-majority countries as ‘Majlis A'Shura' or the 'Shura Council.
• 'Shura Council' refers to either elected houses like in Oman, appointed ones like in Saudi Arabia and Bahrain, or a mixed system like in Egypt and Qatar.

Basic Statute and Shura 2

• Several Gulf States describe their governmental systems with the term 'Democracy' despite being traditional monarchies.
• Oman's Basic Statute does not mention democracy or the concept of 'sovereignty being in the hands of the people'.
• Oman remains a monarchy where absolute powers are vested in the Sultan.
• The Basic Statute incorporates the Shura principle as part of the state's political principles.

Basic Statute and Shura 3

• The use of 'Shura' as a governmental system and parliament name rather than 'democracy' has various reasons:
  • Avoiding foreign terminologies.
  • Adhering to tradition by consolidating genuine Shura from the country's heritage, values, and Islamic Shari'a.
  • Islamic legitimacy is asserted in Oman's Basic Statute, Art.1 and Art.2.
  • Diminishing the need for external intervention is accomplished by utilising the consultative aspect of Shura.
  • The flexibility of Shura can be a step towards a fully democratic state or a constitutional monarchy.

Development of Public Participation

• First Phase (1970-80) saw the Sultan focused on building infrastructure through Municipal councils and Chambers of Commerce and Industry.
• Second Phase (1981-91) marked the establishment of the State Consultative Council (Al-Majlis Al-Istishari), an advisory body.
• Third Phase (1991-97) replaced the 'Al-Majlis al-Istishari' with 'Majlis A'Shura'.
  • 1991-94 saw 3 candidates nominated for each wiliyat (Province), with the Sultan selecting one.
  • 1994-97, Provinces over 30,000 had 2 seats, and voters elected 2 candidates per seat, with the Sultan's ultimate decision.
• The Fourth Phase (1997-Now) involved the Bicameral Council (shura and state councils).

Parliaments in the World

• Parliaments can be categorized into two types based on structure:
  • Bicameral Parliaments: Consist of two separate chambers or houses with specific functions and powers.
    • Lower houses are usually directly elected and more powerful. Upper houses can be elected, appointed, or a combination.
    • Examples: United States Congress, British Parliament, Indian Parliament.
  • Unicameral Parliaments: Have only one legislative chamber.
    • Members are directly elected by the people.
    • Examples: China's National People's Congress, Iran's Islamic Consultative Assembly, New Zealand's House of Representatives.

Parliaments in Practice

• Parliamentary vs. Presidential Systems: The role of parliament depends on the country's political system.
  • Parliaments are supreme in parliamentary systems, while presidents hold significant power in presidential systems.
• Electoral Systems: Different systems (first-past-the-post, proportional representation, mixed-member) affect the parliament's nature.
• Historical and Cultural Factors: A country's history, culture, and traditions shape the structure and functions of the parliament.
• Powers, functions, and composition of parliaments can vary widely from country to country.

Oman Council

• Oman Council is defined by Art. 68 of the Basic Statute
• The structure includes:
  • Majlis Oman (Oman Council) at the top
  • Majlis A'Shura (Shura Council)
  • Majlis A'Daula (State Council)
• Majlis Oman passes or modifies draft laws, debates development plans and the General Budget of the State (Art. 72).

The Oman Council

• The Basic Statute establishes Oman Council as a parliamentary system, the first bicameral setup in the Gulf States.
• The system is similar to the English model, with the Sultan nominating State Council members (like the House of Lords).
• A'Shura Council members are elected by the people (like the House of Commons).

Shura Council vs State Council Composition

• Shura Council members represent different Wilayats of the Sultanate, elected by direct secret ballot.
  • Wilayats with a population over 30,000 are represented by two members; otherwise, by one member.
• State Council members are nominated by Royal Decree, not exceeding the number of Majlis Al-Shura members, and appointed by royal decree.
  • Selected from those with long service in state and public legal entities, figures with great service to the country, those known to be competent in science, literature, and culture, professors, prominent figures, and those the Sultan considers selecting
• Both Councils have a four-year membership term.
  • The Chairman and two deputies are elected for the Shura Council, the Chairman is nominated by the Sultan for the State Council

Membership Eligibility

• Shura Council requirements include:
  • Omani nationality, at least 30 years old when nominations open, holding a general education diploma or higher.
  • Not having been convicted of felonies or crimes against honor, being registered in the electoral register, not affiliated with security or military bodies.
  • Not under guardianship or suffering from mental illness.
• State Council requirements include:
  • Omani nationality, at least 40 years old at appointment, and similar judicial/mental health criteria as Shura Council.

Oman Council Power

• As per articles 47-55 (Royal Decree 7_2021), draft laws are referred to Majlis Oman for adoption or amendment and then to the Sultan.
• Majlis Oman can propose draft laws, which the government must study and return within one year.
• The Council of Ministers refers draft laws to Majlis Al-Shura and then Majlis Al-Dawla.
• For urgent draft laws, the Council of Ministers refers to Majlis Al-Shura, then Majlis Al-Dawla for approval or amendment.
• Drafts of development plans and the State Budget are referred to Majlis Al-Shura for recommendations, then Majlis Al-Dawla, and finally back to the Council of Ministers.
• Majlis Al-Dawla studies development plans, submits proposals, and contributes to society’s values.
• Economic and social agreements are referred to Majlis Al-Shura for views.
• Service ministers provide Majlis Al-Shura with annual reports on project implementation, and the majlis can request statements on relevant ministry matters.

Political Parties

• Political parties represent modern political pluralism but are a controversial topic in Gulf States, raised spontaneously with each election term.
• The law does not allow political parties and can revoke citizenship from anyone joining organizations, including political parties, deemed harmful to national interests.
• Existing social structures like Sablah or Majlis, where tribal structure and different religious sects dictate the political system
• political maturity and the problematic nature of cultural diversity are the main obstacles to instituting political parties in Oman

Conclusion

• Council of Oman Limitations:
  • The Cabinet plays the central role in the state's policies.
  • The A'Shura Council can question ministers but cannot remove them from office.
  • The Oman Council is representative and advisory and can review legislation, but the Sultan retains the sole right to amend laws.