Page 59 - The Arabian Gulf States_Neat
P. 59

LEGAL AND CONSTITUTIONAL DEVELOPMENTS         lix
         A. Constitutional System

           The Sultanate of Oman may be described as an absolute, albeit
         benevolent, hereditary monarchy. The Sultan is the supreme Head
         who has direct control over the government of his country. He also
         acts as a Prime Minister. But there appears to be no modern cabinet
         system of government in Oman. The Sultanate may be described as
         an Arab Islamic State which regards the Islamic Shari’a as the main
         source of legislation. Islam, as based on the Ibadi sect, is the official
         religion of the State. The system of government in Oman is not
         governed by any written constitution.

         1. Nationality
           Before 1972, the Sultanate had no nationality law regulating the
         status of Omani nationals. The holder of an Omani (previously
         Muscati) passport was, therefore, regarded as a prima facie Omani
         national. However, in January 1972, the first nationality law (Law
         No. 1 for 1972)1 in the history of Oman was enacted by the Sultan.
         The said law was put into force on 4 April 1972. The Omani
         Nationality Law, which comprises 18 Articles, defines two main
         categories of Omani nationals as follows:
         1. An Omani by Law: According to Article 1, this applies to: (a) A
         person born, in or outside Oman, from an Omani father, (b) A
         person born in Oman from unknown parents, (c) A foundling found
         in Oman, (d) A person born, in or outside Oman, from an Omani
         mother, when his father is unknown or his relation to his father is
         not legally proved or when his father is stateless, (e) A person born
         in Oman, from a father born in Oman, provided that he has
         established his ordinary residence in Oman and that his father was
         not holding any other nationality on the day of his birth, (f) A person
         who is an Omani descendent but who has neither obtained another
         nationality nor opted to choose the Omani nationality, in
         accordance with the regulations in force.
            However, in view of the fact that the “Question of Oman” had figured on the
            General Assembly’s agenda for many years in the past, the Assembly therefore
            decided, toadopt “astatement.recommendedby its FourthCommittee, resolving
            to conclude consideration of the Question of Oman”. The adoption of this
            statement by the General Assembly preceded its approval of the Resolution on
            the admission of the Sultanate to the United Nations.
            See Keesing’s op. cit. (1971-72) pp. 24670B-24908C; Arab Report & Record,
            (1971) pp. 163, 287, 435, 471, 503, 527.
            And see on “Oman”, U.N. Report of the Secretary-General on the Work of the
            Organization, 16 June 1971-15 June, 1972, (1972), pp. 68-9, 91.
         1. See Arabic Text of Omani Nationality Law No. 1 for 1972, published in The
            Compilation of Operative Laws, assented to by the Sultan on 13 December 1972.
            (Translation of above mentioned law is provided by the author.)
   54   55   56   57   58   59   60   61   62   63   64