MUSCAT — His Majesty Sultan Qaboos has expanded the role of Majlis Ash’shura and Majlis Addawla.
Royal Decree No 99/2011 issued on Wednesday widens the powers of Majlis Oman and some provisions of the Basic Law of the State. The members of the Majlises can now take part in proposing laws and can also suggest changes in government regulations.
The 84-member Majlis Ash’shura which was elected last week, will now be able to elect its speaker, according to the new decree by His Majesty the Sultan.
The Council will also be able to grill ministers.
His Majesty Sultan Qaboos also amended the process of choosing his successor, by appointing five top officials to a Council that would be involved in confirming the new sultan to overcome any possible Royal Family Council dispute.
The decree reads as follows:
We, Qaboos bin Said, Sultan of Oman, stemming from our belief in the importance of developing the Shura march in the country to serve the interests of the country and citizens and in confirmation of the importance of the participation of all individuals of society in the comprehensive development march in line with the requirements of the prospective development … and having pursued the Basic Law of the State issued by the Royal Decree No 101/96.
And based on the public interest, decreed the following;
Article One: The attached amendments shall be introduced to the Basic Law of the State.
Article Two: Cancels all that contravenes with the Decree or its attached amendments or contradicts with their provisions.
Article Three: The Decree comes into force from the day following its date of publishing.
First: Replacing the Article No 6 of the Basic Statute of the State with the following:
First, the text of Article 6 of the Basic Statute of the State shall be replaced with the following text:
Article (6). The Ruling Family Council shall within three days of the throne falling vacant determine the successor to the throne. If the Ruling Family Council does not agree on the choice of the successor to the throne, the Defence Council together with Chairmen of Majlis Addawla, Majlis Ash’shura, Supreme Court and two of its oldest deputies, shall confirm the appointment of the person designated by His Majesty in his letter to the Ruling Family Council.
Second: A new paragraph shall be added to the text of the Article 42 of the Basic Statute of the State, as paragraph No 6, as follows: Establishing and regulating the units of the state administrative apparatus and cancelling thereof.
Third: Replacing paragraph 4 of Article 44 from the Basic Statute of the State with the following text.
Discussing development plans prepared by competent authorities after it is reviewed by the Majlis Oman, submit the same to His Majesty for approval, and follow up their implementation.
Fourth: Replacing Article No 56 of the Basic Statute of the State with the following text:
Specialised Councils shall be established, their prerogatives specified and their members appointed by virtue of Royal Decrees, and shall be affiliated to the Council of Ministers unless the Royal Decrees providing for their establishment states otherwise.
Fifth: Replacing Chapter 5 of the Basic Statute of the State with a new chapter as follows:
Chapter 5: Majlis Oman.
Article 58: The Majlis Oman shall consist of:
1. The Majlis Addawla.
2. The Majlis Ash’shura.
Article 58 (bis): The Majlis Addawla consists of a chairman and members not exceeding, including the chairman, the total number of Majlis Ash’shura members, and shall be appointed by Royal Decree.
Article 58 (bis1): members of Majlis Addawla shall be selected from among the following categories:
— Former ministers, under-secretaries of the ministries, and their equivalents.
— Former ambassadors.
— Former senior judges.
— Retired senior officers.
— Those who are known for their competence and experience in the fields of science, arts, culture, and teachers of universities, colleges and higher institutes.
— Dignitaries and businessmen.
— Personalities who made great service to the nation.
— Whom His Majesty decides to choose and not from among the previous categories.
Article 58 (bis2): Without prejudice to Article 58 (bis1), the person who is chosen as a member of the Majlis Addawla shall be:
— Omani national.
— Not less than 40 Gregorian years of age on the date of appointment.
— Not ever been sentenced in a criminal case or in moral turpitude case or even in case of rehabilitation.
— Not affiliated to a security or military authority.
— Not placed under the guardianship as per a court judgement.
— Not having a mental illness.
Article 58 (bis3): The Majlis Addawla term is four years starting from the first meeting of the Majlis, and in any case not less than that of the Majlis Ash’shura term.
Article 58 (bis 4): The Majlis Addawla shall elect from among its members and for the duration of its term two deputies for the Majlis chairman; and if the seat of any of them falls vacant the Majlis shall elect another one to replace him until the end of its term. In all cases, the election shall be held by direct secret ballot and in absolute majority of the members.
Article 58 (bis 5): The membership of the Majlis Addawla shall end due to the following reasons:
— The end of the Majlis’ term.
— Exemption from membership.
— Death or total disability.
Article 58 (bis 6): The Majlis Addawla member may ask for his exemption through a request to the Majlis chairman and the chairman in his turn will submit the same to His Majesty. In all cases, the Majlis Addawla member shall be exempted if he lost one of the conditions of the membership or lost confidence and esteem or violated the membership duties.
Article 58 (bis 7): Only the two categories stipulated in item 5 and item 8 of Article 58 (bis 1) may combine the Majlis Addawla membership and public employments.
The Majlis Ash’shura
Article 58 (bis 8): The Majlis Ash’shura shall consist of elected members representing all wilayats of the Sultanate.
The number of Majlis Ash’shura members shall be determined so that each wilayat shall be represented by one member if that wilayat has a population not exceeding 30,000 on commencement date of candidature and two members if the number is more on that date.
Article 58 (bis 9): The election of the Majlis Ash’shura members shall be conducted through direct secret ballot and according to the election law.
Article 58 (bis10): The Majlis Ash’shura candidate shall meet the following conditions:
— To be of originally Omani nationality.
— To be not less than 30 Gregorian years of age on commencement date of candidature.
— Shall hold an academic degree not less than general education certificate.
— Shall not been sentenced in a criminal case or in moral turpitude case or even in case of rehabilitation.
— Shall be on the election register
— Not placed under guardianship as per a court judgement.
— Not having mental illness.
The member who finished his term may stand as candidate again for the Majlis Ash’shura membership.
Article 58 (bis11): The Majlis Ash’shura term shall be four years starting from the first meeting of the Majlis, while the new Majlis election runs during the last 90 days of the ongoing term, and in case elections are not held at the end of the Majlis term or delayed for whatever reason, the existing Majlis shall continue working till a new Majlis is elected, and it is not allowed to extend the term of the Majlis unless there is a necessity and by virtue of Royal Decree.
The extension shall not exceed one term.
Article 58 (bis 12): The Majlis Ash’shura shall convene upon a call by His Majesty in an extraordinary session prior to the session set for election of the Majlis chairman and the two deputies for the same period of the chairman. The oldest member will chair the session. If the seat of any of the deputies falls vacant, the Majlis shall elect another one to replace him until the end of the term. The election shall be by direct secret ballot and with absolute majority of the Majlis members.
Article 58 (bis13): If the seat of any Majlis Ash’shura member falls vacant before the end of the member term, the seat shall be filled by a candidate from the wilayat by reference to the Majlis election result for the same term. The first candidate on the list with the second largest number of remainder votes will fill the vacancy during 60 days of the vacancy reporting to the Majlis. The term of the new member shall be complementary to the membership term of his precedent. If the seat falls vacant six months before the end of the Majlis term, the seat shall not be filled.
Article 58 (bis 14): An independent and neutral higher committee chaired by one of the Vice-Presidents of the Supreme Court shall supervise the Majlis Ash’shura election and take decisions on election complaints. The law shall specify how the committee shall be formed, its prerogatives and system of functioning.
Article 58 (bis 15): The membership of the Majlis Ash’shura ends for the following reasons:
— The end of the Majlis term.
— Resignation.
— Death or total disability.
— Loss of membership.
— Dissolution of the Majlis.
Article 58 (bis16): The resignation from the Majlis Ash’shura membership shall be submitted in writing to the Majlis chairman and he shall refer it to the Majlis, which shall decide to accept or reject the resignation. The Majlis bylaw regulates rules on this matter.
Article 58 (bis17): The membership of the Majlis Ash’shura shall not be dropped unless the member lost one of the election conditions on which he has been elected or lost confidence and esteem or violated the membership duties. The loss of the membership requires the approval of two-third of Majlis members.
Article 58 (bis18): It shall not be permissible to combine the Majlis Ash’shura membership and public employments. In case a public employee is elected to the membership of the Majlis, his/her service shall be considered terminated from the date of announcing the results of the election, and in case of contestation of his/her membership he/she retain his/her job without remuneration until a final decision is issued on the contest. In case the decision invalidates his/her membership and the decision of his/her win is revoked, he/she may return to his/her job and receive salary from the date of returning to work. In case the contest is rejected his/her service shall be considered terminated from the date of announcing the election results and shall receive an exceptional pension determined by the law on condition he/she has not less than 10 Gregorian years of service calculated in the pension on that date.
Article 58 (bis 19): His Majesty, in the cases which he appreciates, may dissolve the Majlis Ash’shura and call for new election within four months from the date of dissolving.
Article 58 (bis 20): In open session, the members of Majlis Addawla and Majlis Ash’shura, each before their respective council, shall take the following oath before assuming work in the council:
“I swear by Almighty Allah to be faithful to my Sultan and my country, to respect the Basic Statute of the State and the state’s applicable laws, to preserve the state safety and the main pillars of the Omani society and its original values and to perform my duties in the council and its panels faithfully and honestly.”
Before assuming his work in the council, the chairman of Majlis Addawla shall take the oath mentioned in the previous paragraph before His Majesty the Sultan.
Article 58 (bis 21): The chairmen of the Majlis Addawla and Majlis Ash’shura, their deputies and the members of the two councils shall work for the interest of the country according to the laws in force and they shall not exploit in any form their membership for their own interest or the interest of those related to them or have a special relationship with them. The law shall determine works they shall not perform.
Article 58 (bis 22): The member of the Majlis Addawla and Majlis Ash’shura shall not be blamed for his/her opinions or statements expressed before the Majlis or its committees on issues within the scope of the Majlis prerogatives.
Article 58 (bis 23): Except when caught in crime, any penal action against the member of the Majlises shall not be taken during the annual term unless there is prior permission from the Majlis concerned. The permission shall be issued by the Majlis’ chairman when the council is in recess.
Article 58 (bis 24): The memberships of the Majlis Addawla and Majlis Ash’shura shall not be combined.
Article 58 (bis 25): The Majlis Addawla and Majlis Ash’shura shall each issue its bylaws. The bylaw determines proceedings of the council and its committees, maintaining order principles of debate, voting, and questioning for Majlis Ash’shura and other prerogatives stipulated for the members and the penalties that may be imposed on a member in violation of proceedings or when being absent from sessions of the council or its committees without acceptable excuse.
Terms and prerogatives of the Majlis Oman
Article 58 (bis 26): The ordinary term of the Majlis Oman shall not be less than eight months per year. The Majlis Oman convenes on His Majesty the Sultan’s invitation in November every year. The ordinary session shall not be adjourned before the approval of the general budget of the state.
Article 58 (bis 27): As exceptional from provisions of Article 58 (bis 26) His Majesty calls Majlis Oman for the first meeting after the general election of Majlis Ash’shura within a month from the date of announcing the results of that election.
Article 58 (bis 28): His Majesty may invite the Majlis Oman to convene outside its regular sessions in cases His Majesty considers appropriate.
Article 58 (bis 29): The calling the Majlis Oman to convene or end ordinary or extraordinary sessions shall be according to proper legal procedures.
Article 58 (bis 30): The Majlis Addawla and Majlis Ash’shura shall convene at their respective venues in Muscat city and His Majesty may call for the Majlises to convene at any other place.
Article 58 (bis 31): All sessions of the Majlis Addawla and the Majlis Ash’shura shall be open sessions and closed sessions may be convened in cases of necessity and in agreement between the Council of Ministers and either of the two Majlises.
Article 58 (bis 32): A majority of members of the Majlis Addawla and Majlis Ash’shura, including the chairman or one of his deputies, shall be present to constitute a sitting. If the majority of members are not present the sitting will be adjourned to the next sitting.
Article 58 (bis 33): The decisions of the Majlis Addawla and Majlis Ash’shura shall be passed by the absolute majority of the attending members except in cases that require qualified majority. If the votes are equal, the side that includes the chairman wins.
Article 58 (bis 34): In case the Majlis Ash’shura is dissolved, the Majlis Addawla session discontinues.
Article 58 (bis 35): The draft laws prepared by the government shall be referred to the Majlis Oman for approval or amendment and then directly be submitted to His Majesty to issue them. In case of any amendments by the Majlis Oman on a draft law, His Majesty may return the same to the council for reconsidering the amendments and then shall be submitted again to His Majesty.
Article 58 (bis 36): The Majlis Oman may propose draft laws and refer the same to the government for assessment and returning the same to the Majlis, procedures provide for in Article 58 (bis 35) shall be followed in approving, amending or issuing the said draft laws.
Article 58 (bis 37): The draft laws shall be referred by the Council of Ministers to the Majlis Ash’shura for approval or amendment within a maximum of three months from the date of referring. The same shall then be referred to the Majlis Addawla for approval or amendment within a maximum of 45 days from the date of referring. Shall the two Majlises disagree on the draft law the two council shall convene a joint session by invitation and under the chairmanship of Majlis Addawla Chairman to debate the differences and vote on the draft law in the same sitting. The decisions shall be issued by absolute majority of the present members, and in all cases the Majlis Addawla Chairman shall refer the draft to His Majesty along with the opinion of the two Majlises.
Article 58 (bis 38): The draft laws of urgent nature shall be referred from the Council of Ministers to Majlis Ash’shura for approval or amendment within a maximum of one month from the referral date and then shall be referred to the Majlis Addawla that should give a decision for approval or amendment within a maximum of 15 days from the referral date. The Chairman of the Majlis Addawla shall submit the same to His Majesty along with the two councils’ opinions.
Article 58 (bis 39): His Majesty may issue Royal Decrees that have the same power of law during the period when the Majlis Oman is in recess and when Majlis Ash’shura is dissolved and Majlis Addawla sittings are discontinued.
Article 58 (bis 40): Projects of development plans and the state annual budget shall be referred by the Council of Ministers to the Majlis Ash’shura for debate and recommendation within a maximum period of one month from the referral date and then the same shall be referred to Majlis Addawla for debate and recommendation within a period of 15 days from the referral date. The chairman of the Council of Ministers shall return the same along with the recommendations of the two Majlises to the Council of Ministers. The Council of Ministers shall inform the two Majlises about the recommendations not adopted in this respect along with the reasons.
Article 58 (bis 41): The economic and social draft agreements the government intends to make or join shall be referred to the Majlis Ash’shura for consideration and the Majlis shall present conclusions reached by the Majlis on the same to the council of Ministers for appropriate decision.
Article 58 (bis 42): State Financial and Administrative Audit institution shall send a copy of its annual report to the Majlis Ash’shura and the Majlis Addawla.
Article 58 (bis 43): On a request signed by at least 15 members of the Majlis Ash’shura of any of the services ministers may be subject to interpellation on matters related to exceeding their prerogatives by acting in contrary to the law. The Majlis shall debate the same and submit the outcome to His Majesty the Sultan.
Article 58 (bis 44): Services ministers shall report annually to the Majlis Ash’shura on the stages of project implementation by their ministries. The Majlis may invite any of the service ministers for a report presentation and debate on matters within prerogatives of the ministry concerned.