The Administrative System

His Majesty Sultan Qaboos bin Said
His Majesty the Sultan is the Head of State, its highest and final
authority and the Supreme Commander of the Armed Forces. His person is
inviolate, respect for him is obligatory and his command must be obeyed. He
is the symbol of national unity, which he maintains and upholds.
Article 42 of the Basic Statute of the State defines His Majesty the
Sultan’s functions, which include maintaining the country’s independence and
territorial integrity, protecting its internal and external security,
safeguarding its citizens’ rights and freedoms, upholding the rule of the
law, directing general state policy, taking prompt measures to confront any
dangers threatening the Sultanate’s security or national integrity or the
security of its people, presiding over the Cabinet of Ministers or
appointing a person to preside over it, presiding over the specialised
councils or appointing persons to preside over them, appointing deputy prime
ministers, ministers, undersecretaries, others of their rank and senior
judges and relieving them of their positions, declaring states of emergency,
general mobilisation and war and concluding peace in accordance with the
provisions of the law, promulgating laws, ratifying treaties and
international agreements, promulgating the General State Budget and waiver
punishments or reduce their severity, as well as other functions. Rulings
are issued and carried out in the name of His Majesty the Sultan.
The Cabinet of Ministers, Specialised Councils, Committees and
Authorities
The Cabinet of Ministers assists His Majesty the Sultan in drawing up and
implementing general state policy.
According to Article 44 of the Basic Statute of the State, the Cabinet is
the body entrusted with the implementation of general state policy; more
specifically, it "submits recommendations to the Sultan on economic,
political, social, executive and administrative matters that are of concern
to the government. Its responsibilities include proposing draft laws and
decrees, looking after citizens’ interests, ensuring that citizens are
provided with essential services, improving their economic, health and
cultural standards, defining general economic, social and administrative
development goals and policies, proposing the means and measures required
for their implementation in such a way as to ensure good use is made of the
available financial, economic and human resources, discussing development
plans prepared by the competent authorities, submitting them to the Sultan
for approval and following up their implementation, discussing ministries’
proposals on carrying out their functions within their own areas of
competence and adopting appropriate recommendations and decisions on them,
overseeing the administrative apparatus of state and monitoring the
performance of its duties, liaising between government departments and
units, and generally overseeing the implementation of laws, decrees,
regulations, decisions, treaties, agreements and court rulings in such a
manner as to ensure that they are complied with, in addition to any other
responsibilities assigned to it by the Sultan or in accordance with the
provisions of the law."
The Cabinet of Ministers has a Secretariat-General to assist it in carrying
out its work and Sayyid Hamoud bin Faisal bin Said is its Secretary-General.
According to Article 53 of the Basic Law of the State, ‘members of the
Cabinet of Ministers may not combine their ministerial posts with the
chairmanship or membership of any public joint stock company’.
The Cabinet of Ministers is headed by His Majesty the Sultan and has 29
members. Following Royal Decree No. 85/97 and Royal Decree No. 10/2000,
issued on 25/1/2000, which amend certain ministerial portfolios, its members
are:-
His Highness Sayyid Thuwainy
bin Shihab Al Said
-Personal Representative of His Majesty the Sultan
His Highness Sayyid Fahad bin Mahmoud Al Said
-Deputy Prime Minister for the Council of Ministers
His Highness Sayyid Faisal bin Ali Al Said
-Minister of National Heritage and Culture
His Excellency Sayyid Saif bin Hamad bin Saud
-Minister of the Diwan of the Royal Court
His Excellency General Ali bin Majid al-Ma'amari
-Minister of the Palace Office and Head of the
Office
of the Supreme Commander of the Armed Forces
His Excellency Sayyid Badr bin Saud bin Hareb
-Minister Responsible for Defence Affairs
His Excellency Sayyid Ali bin Hamoud al-Busaidi
-Minister of the Interior
His Excellency Yousuf bin Alawi bin Abdullah
-Minister Responsible for Foreign Affairs
His Excellency Shaikh Mohammed bin Abdullah bin
Zaher al-Hinai
-Minister of Justice
His Excellency Ahmed Bin Abdulnabi Macki
-Minister of National Economy and Supervisor of
the Ministry of Finance and Deputy Chairman
of the Financial Affairs and Energy Resources
Council
His Excellency Yahya bin Mahfudh al-Mantheri
-Minister of Higher Education
His Excellency Hamed bin Mohammed al Rashdi
-Minister of Information
His Excellency Sayyid al-Mutasim bin Hamoud al-Busaidi
-Minister of State and Governor of Muscat
His Excellency Malik bin Sulaiman al-Ma'amari
-Minister of Transport and Communication
His Excellency Sheikh Mohammed bin Ali al-Qatabi
-Minister of State and Governor of Dhofar
His Excellency Dr Ali bin Mohammed bin Moosa
-Minister of Health
His Excellency Sheikh Amer bin Shuwain al-Hosni
-Minister of Social Affairs, Labour and Vocational
Training
His Excellency Maqbool bin Ali bin Sultan
-Minister of Commerce and Industry
His Excellency Mohammed bin Ali bin Nasir al-Alawi
-Minister of Legal Affairs
His Excellency Sayyid Saud bin Ibrahim al-Busaidi
-Minister of Education
His Excellency Sheikh Abdulaziz bin Matar bin
Salim al-Azizi
-Minister of the Civil Service
His Excellency Shaikh Abdullah bin Mohammed al-Salimi
-Minister of Awqaf and Religious Affairs
His Excellency Salim bin Hilal al Khalili
-Minister of Agriculture and Fisheries
His Excellency Dr Mohammed bin Hamad bin Saif
al-Romhi
-Minister of Oil and Gas
His Excellency Dr Khamis bin Mubarak bin Isa al-Alawi
-Minister of Regional Municipalities, Environment
and Water Resources
His Excellency Sheikh Suhail bin Mustahil bin
Salim Bait Shamas
-Minister of Housing, Electricity and Water
The Defence Council
His Majesty Sultan Qaboos issued Royal Decree No. 105/96 in December 1996
forming the eight-member Defence Council under his chairmanship. The
Council, which meets when summoned by His Majesty the Sultan, examines
issues related to the safety, security, well-being and defence of Oman. This
is with regard to cases other than the one covered in Article Six of the
Basic Statute of the State – i.e. the position of Sultan falling vacant,
when the Defence Council meets with the force of the law under the
chairmanship of its highest-ranking member, and with the attendance of at
least two thirds of its members, to call a meeting of the Ruling Family
Council to decide on the person to whom the succession should pass.
The Decree stipulates that, if the Family Council fails to agree on a choice
of Sultan within the period specified by law, the Defence Council will
confirm the person indicated by the Sultan in his message to the Family
Council and take the necessary steps in this regard. The Defence Council
will remain in session until the Sultan takes the oath of office stipulated
in Article Seven of the Basic Statute of the State taken before a joint
session of the Council of Oman and the Defence Council.
The Financial Affairs and Energy Resources Council
His Majesty Sultan Qaboos heads the Financial Affairs and Energy
Resources Council, which is responsible for drawing up the state’s fiscal
policy and financial and monetary regulations. It also prepares the annual
General State Budget, studies financial allocations for development
projects, and examines domestic and foreign investment and investment
funding and other savings, investment, fiscal and monetary matters.
The Council is also responsible for energy resources. It endeavours to
develop them, increase their contribution to the national economy and
improve the ways in which they are utilised. The Council meetings are
chaired by His Majesty the Sultan or the Deputy Chairman.
The Supreme Judicial Council
His Majesty Sultan Qaboos heads the Supreme Judicial Council, which was
established under Royal Decree No. 93/99 issued on 21st November 1999. The
Council’s members are the Minister of Justice (Deputy Chairman), the
Inspector-General of Police and Customs, the President of the Supreme Court,
the President of the Court of Administrative Justice, the Public Prosecutor,
the longest-serving Vice-President of the Supreme Court, the Head of the
Shariah Court Department at the Supreme Court, the Vice-President of the
Court of Administrative Justice and the longest-serving Appeal Court
President.
The Supreme Judicial Council is responsible for drawing up general judicial
policy. It safeguards the independence of the judiciary and monitors its
development. In pursuance of these aims, it is empowered to oversee the work
of the courts and the Public Prosecutor’s Office, follow up the development
of the courts, facilitate litigation and make pursuance easier for
litigants, and consider candidates submitted by the competent authorities
for judicial posts, whether by appointment or through promotion, in those
cases in which the law stipulates that the post will be filled by Royal
Decree. Its authority also extends to proposing draft laws on the
administration of justice, considering any points concerning them that may
be raised by the competent authorities and expressing such opinions on them
as it sees fit, and expressing opinions on draft judicial co-operation
agreements between the Sultanate and other states, in addition to any other
matters which His Majesty the Sultan deems fit to raise so that it can study
them and express its opinions on them.
His Majesty the Sultan exercises the Supreme Judicial Council’s powers and
responsibilities until the judicial posts occupied by the Council members
are filled. A co-ordinating office is established at the Diwan of Royal
Court to review issues within the Council’s area of competence, prepare
minutes of the sessions and notify the authorities concerned of the
decisions taken and recommendations made, so that the necessary steps can be
taken for their implementation.
The Supreme Committees and Specialised Councils
Article 56 of the Basic Statute of the State stipulate: “Specialised
councils shall be established and their powers shall be defined. Their
members shall be appointed by Royal Decree.” The state’s administrative
apparatus of state includes a number of higher committees, specialised
councils and public authorities, each of which is responsible for overseeing
a specific sector and liaising with the competent authorities, including the
ministries, in the public interest. Several ministers hold positions on
these bodies, each with his own specific area of competence.
The Higher Committee for Conferences
The Higher Committee for Conferences is responsible for preparing,
following up and liaising with the ministries concerning conferences
attended by the Sultanate, particularly those involving the Gulf
Co-operation Council states.
The Committee is chaired by His Highness Sayyid Fahad bin Mahmoud al Said,
Deputy Prime Minister for the Council of Ministers. His Highness Sayyid
As’ad bin Tariq is its Secretary-General.
The Civil Service Council
The Civil Service Council draws up general policies on the Civil Service and
considers decisions, laws and other measures aimed at boosting Omanisation
and improving the efficiency of the state’s administrative apparatus.
The Supreme Committee for Town Planning
This Committee, which was established in 1985, draws up general town
planning policies in the light of the country’s development plans. It is
responsible for following up the implementation and development of approved
planning programmes, devising criteria for valuing properties which have
been compulsorily purchased for public utilities under the law, and removing
any material or financial obstacles to the implementation of plans which
have been approved.
The Committee is chaired by His Excellency Malik bin Suleiman al Ma’amari,
Minister of Transport and Housing.
The Higher Education Council
The Higher Education Council was set up in September 1998 under Royal Decree
No. 65/98. It is chaired by His Excellency Sayyid Saif bin Hamad bin Saud,
Minister of the Diwan of Royal Court, and has 13 members: the Minister of
Higher Education (Deputy Chairman), the Minister of National Economy, the
Minister of Education and the Minister of Social Affairs, Labour and
Vocational Training, the President of Sultan Qaboos University (SQU) and the
Secretary-General of the Higher Education Council, as well as seven other
members named by Royal Decree, who are intellectuals of academic standing or
representatives of the private sector.
The Higher Education Council is responsible for drawing up general higher
education, and scientific and academic research policies in the universities
and higher institutes and endeavouring to ensure that they are tailored to
meet the state’s needs and cultural, social, economic and scientific goals.
It is also responsible for regulating student admissions to the universities
and higher institutes, determining student numbers in co-ordination with the
competent authorities, liaising between equivalent departments in the
different higher education institutions, studying and proposing amendments
to higher education rules and regulations in the light of developments in
general state policies, reviewing draft laws on higher education, studying
higher education matters referred to it by His Majesty the Sultan or the
Cabinet of Ministers and expressing opinions on them, considering higher
education-related questions referred to it by the universities and competent
government authorities, preparing annual reports on the state of higher
education for the Cabinet of Ministers, and putting forward appropriate
recommendations.
The Economic Co-ordination Council
The Economic Co-ordination Council is a government council established
under Royal Decree No. 94/99, issued on 22nd November 1999. It is headed by
His Excellency Sayyid Saif bin Hamad bin Saud, Minister of the Diwan of
Royal Court.
The Council is responsible for studying all economic issues, including any
obstacles to economic development, and proposing ways of stimulating the
national economy and helping to overcome problems faced by the private
sector. It also represents the government at joint meetings with the
Businessmen’s Council and takes on other tasks assigned to it by His Majesty
the Sultan.
The Council has a Secretariat-General at the Ministry of National Economy,
which reviews and studies topics within the Council’s area of competence and
collects data and statistics.
Sultan Qaboos University (SQU) Council
The Sultan Qaboos University charter was promulgated by Royal Decree No.
44/99 issued in February 1999 and the structure was approved by Royal Decree
No. 15/99 issued in March 1999.
The SQU Council is responsible for maintaining and improving university
academic standards, as well as for ensuring maximum co-ordination between
SQU graduate numbers and the National Development Plan’s graduate needs.
The SQU Council is headed by His Excellency Mohammed bin al Zubair, Advisor
to His Majesty Sultan Qaboos for Economic Planning Affairs and President of
SQU.
Tender Board
The Tender Board was established by Royal Decree in 1973 to ensure the
fair and equitable allocation of contracts. The Board is assisted by an
Executive Secretariat which forms the active link between the Board and the
various Government authorities that issue tenders via the Board.
The Board, which usually meets fortnightly, is responsible for all
Government tenders with the exception of contracts and projects related to
Defence and Security. Tenders may involve assignments, materials purchase or
project implementation. In 1999, the Board met 24 times and accepted 162
tenders with a total value of nearly RO429 million, compared with 135
tenders worth RO231 million in 1998. The Tender Board Negotiation Committee
convened 30 meetings during the year.
In 1999, a total of 531 commercial companies, consulting firms and
contractors in several different categories were registered with the Board.
In April 1999, the Board introduced a new procedure at its meetings whereby
representatives of the companies submitting tenders were invited to be
present to witness the opening of the envelopes containing the bids.
In February 2000, the Tender Board awarded contracts worth over RO126
million. The two major awards were for the gas pipelines to Sohar, nearly
RO48 million and Salalah just under RO70 million. They are the largest
contracts awarded by the Tender Board in recent years.
The State Financial Audit
The State Financial Audit was established under Royal Decree No. 95/99,
issued in November 1999, as a financially and administratively independent
entity to replace the Secretariat-General of the State Financial Audit.
It is headed by His Excellency Sayyid Abdullah bin Hamad bin Saif al
Busaidi, who exercises the ministerial powers defined in the State Finance
Law.
The Omanisation Follow-up and Monitoring Committee
The Omanisation Follow-up and Monitoring Committee, which comes under the
Diwan of the Royal Court, was set up by Royal Decree No. 95/97. It is
responsible for following up and monitoring plans and programmes to Omanise
jobs in the public and private sectors. In this connection, its powers
include helping to determine the national economy’s manpower needs,
preparing investment and recruitment plans for the implementation of
Omanisation policies in conjunction with the other competent authorities,
and preparing progress reports on Omanisation in the public and private
sectors.
The Committee is chaired by His Excellency Abdul Alim bin Mustahail Rakhyut.
Seven of its twelve members represent the government sector, while the
remaining five represent the private sector. It is currently attempting to
create a complete and accurate data base on the labour force in Oman, which
will include information about Omanisation and ways of promoting it.
The Committee submits its reports directly to His Majesty the Sultan via the
Minister of the Diwan of Royal Court.
Businessmen’s Council
The Businessmen’s Council, established under Diwani Decision No. 3/99 on
22nd November 1999, reflects the importance attached by His Majesty Sultan
Qaboos to the private sector’s role in the national economy. It currently
has 16 members, including one woman member; this number may be increased by
a Diwani Decision.
The Council has chosen Shaikh Yaqoub bin Hamad al Harthy to be its
President.
The Council’s function is to liaise between the government and the private
sector on all matters related to economic growth, including the development
of trade, industry, tourism and investment. It suggests ways of encouraging
investment, creating wider investment opportunities, developing Omani
manpower and involving more citizens in economic activities. Where
appropriate, it also proposes amendments to laws governing matters within
its area of competence and expresses opinions on draft laws referred to it
by the government.
The Businessmen’s Council holds regular meetings every two months. In
addition, its President has the right to convene it whenever necessary. In
order to be valid, its meetings must be attended by a quorum of two thirds
of its members. Its recommendations and proposals, which must be approved by
at least three quarters of the members present, are referred to the Ministry
of National Economy.
Membership of the Council is for a period of three years and is renewable
for a further term or terms.
The Council of Oman
On the 27th December 1997, His Majesty presided over the opening of the
Council of Oman, which had been established by Royal Decree 86/97 in
accordance with the Basic Statute of the State. The Council of Oman consists
of two chambers:-
The Council of State (Majlis al-Dawla)
On the 4th January 1998, the Council of State held its first plenary
meeting after being inaugurated by His Majesty. The meeting was opened by
the President. The members appointed by His Majesty were then sworn in and a
vice-president elected. The Office of the Council of State will meet
fortnightly and committees have been formed to examine legal, social and
economic issues. Plenary sessions of the Council are to be held four times
this year. Members of the Council must be Omani citizens of at least 40
years of age with suitable experience stemming from a government,
university, military or business career. Members of the Council may not hold
any other civil service post nor are they eligible for membership of the
Majlis al-Shura. Their membership is for a three year term and may be
renewed. His Majesty has stressed that of the 41 members of the Council at
least four should be women. The Council will offer seasoned advice to His
Majesty and work closely in co-ordination with the Majlis al-Shura, thus
strengthening Oman's consultative process and widening participation in the
public life of the Sultanate. The Council of State does not have the same
functions as the Consultative Council. The Government and the Council of
State define the strategy for the Council of Oman and follow up its
implementation. It then receives studies and recommendations from the
Consultative Council or from the Oman Chamber of Commerce and Industry in
the case of the private sector. An important aspect of the Council’s work is
to arrange training courses and workshops on the Basic Law of the State and
the development of a modern legal system.
The Consultative Council (Majlis al-Shura)
In November 1990, His Majesty Sultan Qaboos announced that a new
Consultative Council (Majlis al-Shura) would replace the State Consultative
Council (Majlis al-Istishari lil-dawla) which had been formed in 1981. In
December 1991, the first Consultative Council was inaugurated with 59
members representing each of the Wilayats.
The State Consultative Council had been a nominated body, but in accordance
with the steps being taken towards further political liberalisation, each
member of the present Consultative Council has been elected, with the
exception of the President who is appointed by Royal Decree. The two
vice-presidents are elected by the membership of the Council in a secret
ballot.
The term of membership is three years which may be extended. Candidates must
have Omani nationality, be not less than 30 years of age, have a good
reputation and be reasonably well educated. Once a candidate is selected for
membership he or she must give up any other official post.
Elections to the Council were held in October 1997.
The third term of the Council runs from 1st December 1997 to 30th
November 2000. The previous elections in July 1994 resulted in the
appointment of two women for the first time. Although more women put
themselves forward as candidates in the 1997 elections under the extension
of the franchise for women, only two were successful in a popular vote. In
1994, the number of members in the Council was increased to 80 based on the
results of the first National Census held in December 1993.
Due to population increases, the number of members has now been raised to
82. Wilayats with a population of more than 30,000 people formerly elected
four candidates from whom two were selected to serve as members of the
Council. In May 2000, a Royal Decree (25/2000) amended the election
procedure. In the November 2000 election, there was no selection procedure
for the more populated wilayats: the two candidates with the largest number
of votes were automatically elected. Wilayats with less than 30,000 will
elect one candidate only. In the 1997 elections, there were 736 candidates
including 27 women.
The franchise of the Council was widened at the elections in November 2000.
In April 2000, the Ministry of the Interior announced the procedure for
nominations to membership of the Council for its fourth term 2001-2003. The
numbers of those eligible to contest the elections have been increased by
25% to 175,000. The participation of women has been increased to 30% of the
total number of candidates. The Council will continue to evolve along
democratic lines in accordance with the traditions and principles of Islam.
These are enshrined in the verses of the Holy Qur'an which contains a
chapter entitled Surat al-Shura.
The Council has been instrumental in helping to make studies and
recommendations for Oman's economic and financial policies. In the second
session of the Council in March, one of the subjects for debate was the
introduction of private universities in which His Majesty has taken a keen
interest.
The Council has also tackled a wide range of issues ranging from juvenile
delinquency and unemployment to the system of Zakat (A Pillar of Islam
requiring a Muslim to give alms). Education and health issues occupy much of
the Council’s time and energy.
Much of the Council’s work is done in committee. There are now seven
permanent committees – legal, economic, health and social affairs, education
and culture, services and development of local communities, environment and
human resources and follow up and implementation. Meetings of the committees
are held in camera and members are not at liberty to divulge any of the
proceedings of the Council which are kept confidential. However, under the
constitution of the Council, public service ministers are expected to submit
reports and answer questions on their ministries’ performance, plans and
achievements. These are made known to the public through the media. One of
the principal duties of the Council is to review all social and economic
draft laws, prepared by the Ministries before their enactment and to ask
searching questions of Ministers invited to attend plenary sessions of the
Council.
The television appearances of Ministers to answer questions have been very
well received by the public. In the latter half of 1999, it was the turn of
the Ministers of Electricity and Water, and Commerce and Industry to appear
before the Council. The Council voiced concern about power failures during
the summer months and price increases caused by the hike in customs tariffs
at the beginning of the year which were subsequently reduced to their
previous level on the orders of His Majesty.
In January 2000, the Minister of Information and the Minister of Regional
Municipalities and Environment appeared before the Council to deliver
comprehensive statements on the plans and projects of their Ministries. In
March it was the turn of the Ministers of Education and Higher Education to
put forward their proposals for the Sixth Five-Year Plan. They were followed
by the Minister of Social Affairs, Labour and Vocational Training, who
highlighted the progress made in human resources development through the
training programmes implemented during the current Five-Year Plan.
With the opening of the third session of the Council in May, the Minister of
Agriculture and Fisheries was invited to address the members. In this
session, the Council also received annual reports from the Ministers of
Transport and Housing, Communications and the National Economy. In April
2000, a co-ordination meeting was held between the Council of Ministers and
the Majlis Al-Shura.
Foreign delegations are invited to see the work of the Council and discuss
its procedures. In 1999, several visited Oman, among them one from China. In
February 2000, a delegation from Austria was received. The Council also
sends delegations to neighbouring countries thus strengthening the links
between parliamentary organisations. In May 2000, a delegation of Council
members went to Jordan as observers at the 103rd Conference of the
International Parliamentary Union.
Interior
Before 1970, the traditional form of Government in the Interior of the
Sultanate consisted of the tribal Shaikhs, who were responsible to the
Sultan’s representative or Wali of the region or wilayat in which their
community lived. The Walis were responsible to the Minister of the Interior
who represented the Sultan in Muscat.
Today, the basis of this system has been maintained, but the Walis now have
to work in a very different way to their predecessors. There are three
Governorates of Muscat, Dhofar and Musandam, where 15 Walis report to the
appropriate Governor. The Governors of Muscat and Dhofar are also Ministers
of State. There are 44 Walis in other parts of the Sultanate, who are
responsible to the Ministry of the Interior. The Walis and their offices
form an important link between past tradition and modern Government
administration. The Wali has the task of co-ordinating Government activities
in his area. Several Ministries now have decentralised offices and regional
directors with whom the Wali will be in contact. At one time, the Wali would
have had a small band of armed men called ‘askars’ to keep law and order.
Now in every large town there is a Police Station and a Court of Law.
Applications for passports are scrutinised in the Wali’s office before being
processed by the Royal Oman Police.
The Wali acts as a mediator in disputes and as a channel of communication.
He will investigate cases of social hardship and chair local committees on
matters to do with land registration and other development matters. He also
has an important role in the organisation of elections to the Majlis
al-Shura.
In each of the 59 wilayats, lists of voters are prepared by the Wali, who
ensures that citizens comply with certain conditions:-
- The voter (male or female) must be an Omani by birth, officially certified
to be 21 years of age or over.
- He or she must fall within one of the following categories:-
- Shaikh, local dignitary, man of learning, graduate or businessman of
standing in his/her wilayat.
An Omani citizen is denied the right to vote if he or she:-
- is an undischarged bankrupt
- is mentally ill
- has been convicted of a felony
- is a member of the security forces
At one time, the Wali lived and worked in the local fort, which was often in
a state of disrepair and lacking in modern amenities and equipment. The
Ministry has built new offices and accommodation for the Walis, who now have
modern communications instead of ancient wireless sets. However, one ancient
democratic institution has been reintroduced, since the restoration of the
traditional forts by the Ministry of National Heritage. This is the ‘Barzah’
when the Wali holds monthly audiences to discuss local problems with members
of the public. These gatherings have proved extremely popular as well as
being a useful channel of communication.
|