Page 304 - The Arabian Gulf States_Neat

242 THE LEGAL STATUS OF THE ARABIAN GULF STATES
all the’ coastal towns. Article (4) provided for the extradition of
criminals between the Government of Muscat and Oman. By the same
Article the Sultan promised not to ‘interfere in the internal affairs’
of the people of Oman.
In part two, by Article (1) all the tribes and the Shaikhs of Oman
promised to be ‘at peace with the Sultan’ and not to ‘interfere in his
Government’. By Article (2) the subjects of the Sultan entering Oman
for lawful trade or business were promised security and free move-
ment. Article (3) provided for the extradition of criminals fleeing into
Oman. By Article (4) the Sultan acknowledged the right of the Omani
chiefs to look into the claims of ‘merchants and others’ from Muscat
against the people of Oman and provided that justice should be dis­
pensed in accordance with ‘the law of Islam’.
It is clear from the above provisions of the Treaty of Sib, 1920,
that Oman retained an internal independent character of its own.
Thus the Omanis reserved full authority in respect of administration,
justice and other aspects of government. The provisions concerning
the extradition of criminals are significant in that they attribute to
Oman a distinct personality and a separate existence. However, there
is nothing in the treaty which shows that the Sultan by signing it had
in fact intended to relinquish his sovereignty over Oman, although he
did not expressly assert it. There does not seem any reference in the
treaty to the independence of Oman or to the government of the
Imam. Instead, the reference is being made to the ‘people of
Oman’.
On the other hand, the evidence of history shows that for over a
century Oman has developed a separate existence with little or no
connection with the Government of Muscat.1 The head of the govern­
ment of Oman, the Imam, has continually been elected in accordance
with the traditions of the Omanis irrespective of the authority of the
Sultan who, it is interesting to note, himself stood for the lmamate
in 1954, when a new Imam was elected, but did not succeed.2 Not
until the rebellion of 1955, which was crushed by the Sultan with the
assistance of British forces, could the Sultan exercise any authority in
Oman at all. For many years the British Political Agent and Consul
acted as mediator between the Sultan and the tribes of Oman.3
Consequently, it can be argued that the agreement, which was con­
cluded through the mediation of the British Consul in Muscat, has
1 See above, p. 40.
2 Sec The Arab Information Center, op. cit., pp. 2, 13.
3 See The Arab Information Center, op. cit., pp. 3-4. And see ibid., p. 9, for
a reference to a communication, dated 8 March 1922, between Major Rac, British
Consul in Muscat, and the Deputy Imam, connected with the treaty. This com­
munication may well be regarded as a virtual acknowledgement of the independence
of the lmamate, not only on the part of the Sultan, but also on the part of the
British Government.