основной статут государства

Consolidated Text Arabic We, Haitham bin Tarik, the Sultan of Oman affirming the principles upon which the Sultanate of Oman has been built, those that have directed its policies in a variety of fields, and those that it has promoted locally, regionally, and internationally, entrenching the international status of Oman and its role in laying the foundations of justice and the pillars of equity, security, stability, and peace among different states and peoples, determined to continue the efforts to forge a better future, marked with further achievements for the good of the country and the citizens, in continuation of the participation of the people of the country and their empowerment to build their future in all walks of life, safeguarding the country, protecting its lands, unity, and social fabric, and protecting the tenets of its civilisation, promoting public rights, duties, and freedoms, supporting state institutions, and entrenching the principles of shura, and in pursuance of public interest, have decreed as follows Article I The Basic Statute of the State is hereby promulgated in the form attached. Article II Royal Decrees 101/96 and 99/2011 are hereby repealed. Article III This decree must be published in the Official Gazette, and comes into force on the date of its issuance. Issued on: 27 Jumada Al-Awwal 1442 Corresponding to: 11 January 2021 Haitham bin Tarik Sultan of Oman Published in Annex of Official Gazette 1374 issued on 12 January 2021. The Basic Statute of the State Book One The State and the Ruling System Article 1 The Sultanate of Oman is an Arab Islamic independent state with full sovereignty, and Muscat is its capital. Article 2 The religion of the state is Islam, and the Islamic Sharia is the basis of legislation. Article 3 The official language of the state is the Arabic language. Article 4 The law specifies the flag, emblem, insignia, and national anthem of the state. Article 5 The ruling system is Sultani (Royal), hereditary through the male descendants of Sultan Turki bin Said bin Sultan, in accordance with the following provisions: – Title to the throne passes from the Sultan to His eldest son, followed by the eldest son of this son, and by a similar process afterwards. If the eldest son dies before the title to the throne passes to him, the title to the throne passes to his eldest son, regardless of the deceased having brothers. – If he who has title to the throne has no sons, the title to the throne passes to his eldest brother. If he has no brothers, it passes to the eldest son of his eldest brother. If his eldest brother has no sons, it passes to the eldest son of his other brothers, in accordance with their seniority in age. – If he who has title to the throne has no brothers and no sons of brothers, the title to the throne passes to the paternal uncles and their sons in the order prescribed in the second clause of this article. Whoever assumes the title to the throne must be Muslim, rational, and a legitimate son of Muslim Omani parents. Article 6 If the title to the throne passes to a person under the age of twenty-one, the powers of the Sultan shall be exercised by a council of regency appointed by a royal directive of the Sultan. If the Sultan does not appoint a council of regency prior to His death, the Royal Family Council shall appoint a council of regency composed of one of the brothers of the Sultan and two sons of His paternal uncles. The work system of the council of regency shall be promulgated by royal decree. Article 7 A royal order shall be issued to appoint the person to whom the title to the throne belongs to in accordance with the text of article 5 of this statute as crown prince. This royal order shall specify the competences and the responsibilities assigned to him. The crown prince shall, prior to exercising his competences or the responsibilities assigned to him, take the oath stipulated in article 10 of this statute before the Sultan. Article 8 In the event of a temporary cause that prevents the Sultan from exercising His authorities, the crown prince shall take His place. Article 9 The royal family shall have a council named the “Royal Family Council” whose formation, governance, responsibilities, and precedence of membership shall be specified by royal order. Article 10 The Sultan shall, prior to exercising his authorities, take the following oath in a session before Majlis Oman and in the presence of the members of the Royal Family Council, the members of the Council of Ministers, and the members of the Supreme Judicial Council: “I swear by Allah the Almighty to respect the Basic Statute of the State and the laws, to fully protect the interests and freedoms of citizens, and to preserve the independence of the country and its territorial integrity.” Article 11 The government shall continue to conduct its normal business until the Sultan is enthroned and exercises his powers. Article 12 The state is ruled on the basis of justice, shura, and equality. Citizens—in accordance with this statute and the conditions and circumstances prescribed by the law—have the right to participate in public affairs. Book Two Principles Guiding State Policy Chapter One Political Principles Article 13 The political principles of the state consist of the following: – Preserving the independence and sovereignty of the state, and safeguarding and defending its statehood, security, and stability. – Strengthening ties of cooperation and affirming bonds of friendship with all states and nations on the bases of mutual respect, common interests, non-interference in internal affairs, and the adherence to international and regional charters and treaties, as well as generally recognised principles of international law, in a manner conducive to the advancement of peace and security among states and nations. – Laying down sound shura pillars that emanate from Islamic Sharia and the heritage and values of the country, that take pride in its history, and that employ useful contemporary methods and means. – Establishing a sound administrative system that guarantees justice, tranquillity, and equality for citizens, that ensures respect for public order, and that protects the supreme interests of the country. Chapter Two Economic Principles Article 14 The economic principles of the state consist of the following: – The state shall guarantee the freedom of economic activity on the basis of social justice, and cooperation and balance between public and private activities, in order to achieve economic and social development, to increase production, to achieve prosperity for citizens, to raise their standard of living, to provide them with work opportunities, and to eradicate poverty in the manner prescribed by the law. – Natural wealth and its resources are the property of the state, and the state shall preserve and appropriately exploit them, in accordance with the provisions of the law. – The state shall encourage investment, and shall endeavour to provide the guarantees and facilities necessary for it. – The state shall encourage saving and shall oversee the regulation of credit. – Public property shall be inviolable, and it shall not be compromised. It shall be the duty of the state to protect it in the manner prescribed by the law. – Private property shall be protected. No one shall be prohibited from disposing of their property except within the limits of the law, and no one shall have their property expropriated except for the public benefit, in the cases prescribed by the law, and in return for fair compensation. – Inheritance is a guaranteed right, governed by Islamic Sharia. – General confiscation of property shall be prohibited, and specific confiscation shall not be permitted except with a judicial decision in the cases prescribed by the law. – Taxes and other public dues are based on social justice. The creation, amendment, and abolishment of public taxes shall not be permitted except by law, and no one shall be exempt from paying them except in the cases prescribed by the law. Chapter Three Social Principles Article 15 The social principles of the state consist of the following: – Justice, equality, and equal opportunities among citizens are pillars of society, guaranteed by the state. – Mutual support and compassion are close bonds among citizens. Strengthening national unity is a duty, and the state shall prohibit all that leads to division, discord, or the compromising of national unity. – Family is the cornerstone of society, and its pillars are religion, morals, and patriotism. The state shall endeavour to maintain its cohesion, stability, and the consolidation of its values. The state shall guarantee equality between women and men, and shall be committed to providing care for children, persons with disabilities, youth, and young persons in the manner prescribed by the law. – The state shall guarantee social security services for citizens. It shall also guarantee aid for them in cases of emergency, illness, incapacity, and old age in the manner prescribed by the law. The state shall endeavour to achieve the solidarity of society in bearing the burdens that result from national disasters and catastrophes. – The state shall guarantee healthcare for citizens and shall endeavour to provide means for the prevention and treatment of diseases and epidemics. It shall encourage the establishment of private hospitals and treatment centres under the supervision of the state and in the manner prescribed by the law. – The state shall endeavour to protect the environment and its ecological balance in order to achieve comprehensive and sustainable development for all generations. It shall be the duty of citizens and residents to preserve it and not harm it. – Work is a right and an honour. Every citizen may practise the work he chooses for himself within the limits of the law. No citizen may be forced to work except by virtue of a law, in performance of public service, for a specific period of time, and for fair remuneration. The state shall enact laws that protect the worker and the employer, govern their relationship, and provide conditions for occupational security, safety, and health. – The state shall encourage the system of awqaf and guarantee its independence. Its affairs shall be managed in accordance with the conditions of the waqif in the manner prescribed by the law. Chapter Four Cultural Principles Article 16 The cultural principles of the state consist of the following: – Education is a right for every citizen. Its objective is to build the Omani character, preserve the national identity, inculcate the scientific method in thinking, develop talents, encourage innovation, consolidate civilised and spiritual values, and anchor the notions of citizenship, tolerance, and harmony. – Education is compulsory throughout the primary education level. The state shall encourage the establishment of private schools and institutes under the supervision of the state in accordance with the provisions of the law. – The state shall endeavour to combat illiteracy. – The state shall guarantee the autonomy of universities, facilitate admission to higher education equally for all on the basis of competency and merit, encourage the establishment of private and community universities, and guarantee that the quality of education in those universities is in line with international quality standards. – The state shall guarantee the freedom of scientific research and promote its institutions, nurture researchers and innovators, and guarantee the means for the effective contribution of the private and community sectors to the advancement of scientific research. – The state shall guarantee freedom of intellectual creativity, nurture creative persons, and encourage the advancement of arts and literature. – The state shall be committed to protecting and preserving its tangible and intangible national heritage. It shall also be committed to maintaining and restoring its tangible heritage, and shall recover what has been seized of them. – Assault on the heritage and trafficking in it shall be a crime in the manner prescribed by the law. Chapter Five Security Principles Article 17 The security principles of the state consist of the following: – Peace is the objective of the state, and the safety of the country is a duty entrusted to every citizen. – Only the state may establish armed forces, public security agencies, and any other forces. They shall all be the property of the country, and their mission is to protect the state, guarantee its territorial integrity, and ensure the security and tranquillity of citizens. It is not permitted for any individual, entity, or group to establish military or paramilitary formations. – The law shall regulate military service, general mobilisation, and the rights, duties, and disciplinary codes of the armed forces, public security agencies, and any other forces the state decides to establish. Book Three Public Rights and Duties Article 18 Life and dignity are a right for every human, and the state shall be committed to respecting and protecting them in accordance with the law. Article 19 Omani nationality shall be regulated by the law. It is not permitted to forfeit it or withdraw it except within the limits of the law. Article 20 It is not permitted to deport, exile, or prohibit citizens from returning to the territory of the state. Article 21 All citizens are equal before the law. They have equal public rights and duties, and there shall be no discrimination between them on grounds of sex, origin, colour, language, religion, sect, domicile, or social status. Article 22 Security of life is a right for every human. The state shall be committed to providing security and tranquillity to its citizens and to all residents on its lands. Article 23 Personal freedom shall be guaranteed in accordance with the law. It is not permitted to arrest, search, detain, or imprison a human, determine his residence, or limit his freedom of residence and movement except in accordance with the provisions of the law. Article 24 Detention and imprisonment shall only be in designated places that are adequately humane and hygienic in the manner prescribed by the law. Article 25 No human shall be subjected to physical or mental torture, enticement, or degrading treatment. The law shall specify the punishment to whomever carries out such acts. All statements or confessions proven to have been obtained under torture, enticement, due to such treatment, or under threat of any of such acts, are deemed void. Article 26 There shall be no crime or punishment except by virtue of law. There shall be no punishment except for acts subsequent to the implementation of the law providing for them. The punishment shall be personal. Article 27 The accused is innocent until proven guilty in a legal trial in which the guarantees necessary for the exercise of the right to defence are ensured in accordance with the law. It is not permitted to harm the accused physically or mentally. Article 28 The accused has the right to appoint a person capable of defending him during the trial. The law shall prescribe the circumstances in which the presence of a lawyer on behalf of the accused is required, and shall guarantee to those who are financially unable the means to resort to judicial redress and to defend their rights. Article 29 Whoever is arrested or apprehended must be immediately informed of the reasons for his arrest or apprehension and he has the right to contact whomever he wishes to inform them of what has taken place or to seek their assistance in the manner governed by the law. He must promptly be informed of the charges against him. He and his representative may appeal before the judiciary against the procedure that has restricted his personal freedom. The law shall regulate the right to appeal in a manner that guarantees that adjudication takes place within a specific period or else have the accused released. Article 30 Litigation is a protected right, and it is guaranteed to all people. The law shall specify the procedures and conditions necessary to exercise this right. The state shall guarantee—to the fullest extent possible—the accessibility of the judiciary to litigants and the speediness of the adjudication of cases. Article 31 Prison is a place for correction and rehabilitation. Prisons and places of detention shall be subject to judicial oversight in the manner prescribed by the law, and all that is contrary to the dignity of the human or that endangers human health is prohibited. The law shall regulate the provisions for the correction and rehabilitation of convicts. Article 32 The human body is inviolable. Assaulting, mutilating, or desecrating it shall be a crime punishable by the law. Trafficking in its organs is prohibited. It is not permitted to conduct any medical or scientific experiment on any human being without his free consent in the manner governed by the law. Article 33 Dwellings are inviolable, and it is not permitted to enter them without the permission of their occupants except in cases prescribed by the law and in the manner stipulated in it. Article 34 Freedom to practise religious rituals in accordance with recognised customs is protected, provided it does not violate public order or contradict morality. Article 35 Freedom of opinion and the expression of it through speech, writing, and all other means of expression is guaranteed within the limits of the law. Article 36 Private life is inviolable, protected, and must not be violated. Electronic correspondence of all kinds, telephone, telegraphic, postal correspondence, and other means of communication are inviolable and their confidentiality is guaranteed. It is not permitted to monitor, inspect, access, disclose their confidentiality, delay, or confiscate them except in the cases prescribed by the law and in accordance with the procedures specified in it. Article 37 Freedom of the press, printing, and publishing is guaranteed in accordance with the conditions and circumstances specified by the law. All that leads to discord or hatred, compromises state security, or offends human dignity and human rights is prohibited. Article 38 The state shall be committed to protecting intellectual property of all forms and in all disciplines in accordance with the law. Article 39 Citizens have the right to assemble in the manner prescribed by the law. Article 40 Freedom to establish associations is guaranteed, on national foundations, for legitimate objectives, using peaceful means, in a manner that does not contradict with the provisions and objectives of this statute, and in accordance with the conditions and circumstances prescribed by the law. It is prohibited to establish associations whose activities are hostile to societal order, that are secret, or that are of a military nature. It is not permitted to force a person to join any association. Article 41 Every citizen has the right to address public authorities with regard to his personal affairs or with regard to public affairs in the manner and conditions prescribed by the law. Article 42 Every legal resident and person legally present in the Sultanate shall enjoy the protection of his person and property in accordance with the law, and he shall abide by the legislation and laws in force, observe the values of society, and respect its traditions and sentiments. Article 43 Extradition of political refugees is prohibited. Laws and international agreements shall determine the provisions for extraditing criminals. Article 44 Defending the country and protecting its land is an honour and a sacred duty, and enlistment in the service of the armed forces shall be regulated by the law. Article 45 Safeguarding national security and unity and protecting state secrets is the duty of every citizen, and the commitment of all to observe it is a national responsibility. Article 46 Paying taxes and other public dues is a duty in accordance with the law. Article 47 Respecting the Basic Statute of the State, laws, royal decrees and orders, and regulations and decisions issued by public authorities in the implementation of them, as well as observing public order and respecting public morality, is a duty on citizens, residents, and those present in the Sultanate. Book Four Chapter One Head of State Article 48 The Sultan is the head of the state, its most supreme representative, and its supreme commander. His person is inviolable, respect for Him is a duty, and His command is obeyed. He is the symbol of national unity and the vigilant guardian and protector of the state. Article 49 The Sultan shall undertake the following functions and powers: – Preserving the independence of the country and its territorial integrity, protecting its security, safeguarding the rights and liberties of citizens, guaranteeing the rule of law and directing the public policy of the state. – Taking prompt measures to counter any danger threatening the safety of the state, its territorial integrity, or the security and interests of its nation, or hindering the performance of the functions of state institutions. – Presiding over the Council of Ministers or appointing a person to preside over it. – Presiding over specialised councils or appointing a person to preside over them. – Establishing, regulating, and abolishing units of the administrative apparatus of the state. – Appointing deputy prime ministers, ministers, and their equivalent, and relieving them of their office. – Appointing undersecretaries of ministries, secretaries general, and their equivalent, and relieving them of their office. – Appointing senior military and security officers, and relieving them of their office. – Appointing senior judges and relieving them of their office. – Declaring a state of emergency, general mobilisation, war, and conciliation in the manner prescribed by the law. – Ratifying and promulgating laws. – Signing international treaties and agreements in accordance with the provisions of the law, or authorising their signature, and issuing decrees for their ratification. – Appointing political representatives to other states and international organisations and relieving them of their office, in accordance with the circumstances prescribed by the law, and accepting the accreditation of representatives of states and international organisations. – Pardoning or commuting any punishment. – Conferring orders and military ranks. Article 50 The Sultan shall be assisted by a council of ministers and specialised councils in formulating and implementing the public policy of the state. Chapter Two The Council of Ministers Article 51 The Council of Ministers is the body entrusted with implementing the public policies of the state, and it shall, in particular, undertake the following: – Submitting recommendations to the Sultan on matters of concern to the state, including proposing draft laws and royal decrees. – Safeguarding the interests of citizens and guaranteeing the availability of the necessary services to them. – Determining the general objectives and policies for comprehensive development, and the necessary procedures for their implementation. – Debating development plans prepared by the competent authorities after their presentation to Majlis Oman, submitting them to the Sultan for approval, and monitoring their implementation. – Debating proposals by ministries in the areas of their respective competences, and making appropriate recommendations and decisions with respect to them. – Overseeing the functioning of the administrative apparatus of the state, monitoring the performance of its duties, and coordinating between its units. – Overseeing generally the implementation of laws, royal decrees, regulations, decisions, treaties, agreements, and court judgments in a manner that ensures compliance with them. – Any other competences the Sultan assigns to it or are assigned to it by virtue of the provisions of the law. Article 52 The Prime Minister shall preside over the sessions of the council, and he may delegate the management of sessions that he does not attend to one of the deputy prime ministers. In the absence of the Prime Minister and his deputies, the Sultan may authorise whoever He deems appropriate to manage the sessions. Article 53 Meetings of the Council of the Ministers are made valid by the presence of a majority of its members, its deliberations are confidential, and its decisions are made by the approval of a majority of those present. Article 54 The Council of Ministers shall set its internal regulation, which includes its workflow system, and it shall have a secretariat general to assist it in performing its functions. Chapter Three The Prime Minister, His Deputies, and the Ministers Article 55 If the Sultan appoints a prime minister, his competences and authorities shall be specified in the decree appointing him. Article 56 Those appointed prime minister, deputy prime minister, or minister shall meet the following conditions: – Be of Omani nationality by origin. – Be at least thirty Gregorian years of age. Article 57 The Prime Minister, his deputies, and ministers shall, prior to assuming their authorities, take the following oath before the Sultan: “I swear by Allah the Almighty to be loyal to my Sultan and to my country, to respect the Basic Statute of the State and the laws in force of the state, to fully protect its statehood and its territorial integrity, and to fully safeguard its interests and the interests of its citizens, and to perform my duties truthfully and honestly.” Article 58 Deputies of the Prime Minister and ministers shall oversee the affairs of the units that they head, implement the public policies of the government in them, formulate the objectives of their respective units, and monitor their implementation. Article 59 Members of the Council of Ministers are jointly responsible before the Sultan for the implementation of the public policy of the state, and each is individually responsible before the Sultan for the manner in which he performs his duties and exercises his authorities in the ministry or unit he heads. Article 60 It is not permitted for members of the Council of Ministers to simultaneously hold their ministerial positions and the chairmanship or membership of any board of directors of any public joint stock company. It shall not be permitted for the government units they head or oversee to deal with any institution or company in which they have a direct or indirect interest, and they shall in all cases direct their behaviour to the interest of the country and furthering the public interest. They shall not exploit their official status in any manner for their personal interest or the interest of those with whom they have a special relationship. Article 61 The allocations for deputies of the Prime Minister and ministers during the term of their office and after their retirement shall be specified by royal orders. Article 62 The provisions of articles 56, 57, 58, 59, 60, and 61 of this statute apply to all those of the rank of minister. Chapter Four Specialised Councils Article 63 Specialised councils are established, their authorities are defined, and their members are appointed by royal decrees, and they shall be subordinate to the Council of Ministers, unless the decrees establishing them stipulate otherwise. Chapter Five Local Administration Article 64 The administrative divisions of the state and the work mechanisms of local administration shall be governed by royal decrees. Municipal councils shall be regulated and their competences shall be specified in accordance with the law. Chapter Six Monitoring and Audit of Government Performance Article 65 A committee shall be established, subordinate to the Sultan, responsible for monitoring and evaluating the performance of ministers and their equivalent, undersecretaries and their equivalent, chairmen and members of the boards of directors of public authorities and establishments and other units of the administrative apparatus of the state, as well as their presidents or executive presidents. The formation of the committee, its work system, and its other competences shall be determined by royal order. Article 66 An institution named the “State Financial and Administrative Audit Institution” shall be established subordinate to the Sultan. It shall be responsible for the financial and administrative monitoring of the units of the administrative apparatus of the state and other public legal persons in the manner prescribed by the law. The institution shall send a copy of its annual report to the Council of Ministers, Majlis Al-Dawla, and Majlis Al-Shura. Chapter Seven Financial Affairs Article 67 The law shall prescribe the provisions relating to the following matters and the bodies responsible for them: – Investment, development, and management of state funds and assets. – Collection of taxes, fees, and other public monies, and their disbursement procedures. – Maintenance and management of state property, the conditions for its disposal, and the limits within which any part of it may be assigned. – The General Budget of the State and the final account. – Autonomous and supplementary general budgets, and their final accounts. – State financial audit. – Loans provided by or obtained by the state. – Currency, banks, measures, volumes, and weights. – Affairs of salaries, pensions, compensation, subsidies, and rewards charged to the treasury of the state. Book Five Majlis Oman Article 68 Majlis Oman consists of the following: – Majlis Al-Dawla – Majlis Al-Shura Article 69 Majlis Al-Dawla shall consist of a chairman and members whose number, inclusive of the chairman, does not exceed the total number of the members of Majlis Al-Shura. Its members are appointed by royal decree from among the segments specified by the law. Article 70 Majlis Al-Shura shall consist of elected members representing all the wilayat of the Sultanate, chosen through direct secret ballot in the manner prescribed by the law. Article 71 A supreme committee that enjoys independence and impartiality, chaired by a deputy chairman of the Supreme Court, shall be responsible for overseeing the election of the members of Majlis Al-Shura and for ruling on election petitions. The law shall prescribe the formation mechanism, competences, and work system of the committee. Article 72 Majlis Oman shall pass or modify draft laws, debate development plans and the General Budget of the State, and may propose draft laws, in the manner prescribed by the law. Majlis Al-Dawla and Majlis Al-Shura shall also exercise their other competences in the manner prescribed by the law. Article 73 The Sultan may issue decrees that have the power of law between the sessions of Majlis Oman, and while Majlis Al-Shura is dissolved and the sessions of Majlis Al-Dawla are suspended. Article 74 The law shall specify the term of Majlis Oman, the conditions to be met by the members of Majlis Al-Dawla and Majlis Al-Shura, the membership duties and rights, the guarantees provided for the membership, the cases for the expiry of membership, the scheduling of the sessions of the Majlis, the mechanism for their calling and adjournment, and the mechanism for the dissolution of Majlis Al-Shura. Article 75 Majlis Al-Dawla and Majlis Al-Shura shall hold their meetings in their respective headquarters in Muscat. The Sultan may call for them to meet in any other place. Book Six The Judiciary Chapter One The Judicial Authority Article 76 The rule of law is the basis of governance in the state. The honour of the judiciary and the integrity and justice of judges is a guarantee for rights and liberties. Article 77 The judicial authority is independent. It shall be exercised by the courts in their various types and hierarchies, and its judgments shall be rendered in accordance with the law. The law shall designate the various types and hierarchies of courts, and shall prescribe their functions and jurisdiction. Article 78 There shall be no power over judges in their ruling except for the law. They shall be irremovable except in the cases specified by the law, and it is not permitted for any entity to interfere in lawsuits or in the affairs of justice. Such interference shall be a crime punishable by the law. The law shall prescribe all provisions pertaining to judges. Article 79 The law shall regulate the adjudication of administrative disputes through a special tribunal or court. It shall also prescribe its system and the mechanism through which it exercises administrative justice. Article 80 Court hearings shall be held in public, unless the court decides to hold them in camera in the interest of public order or morality. In all cases, the pronouncement of judgment shall be in a public hearing. Article 81 Judgments are rendered and executed in the name of the Sultan. Refraining from their execution or obstructing their execution by competent public officials shall be a crime punishable by the law, and in such a case the person in whose favour the judgment is rendered shall have the right to bring criminal action directly to the competent court. Article 82 The judiciary shall have a supreme council that oversees the proper functioning of the courts and support bodies and whose formation and work system shall be issued by royal decree. The law shall prescribe its authority in regard to the employment affairs of judges and public prosecution. Article 83 The military judiciary is an independent judicial body with the exclusive jurisdiction to rule on all military crimes committed by members of the armed forces and the security forces in the manner prescribed by the law. Article 84 The law shall regulate the mechanism for adjudicating disputes over jurisdiction between judicial bodies and in regard to the conflict of judgments. Article 85 The law shall designate the judicial body with the competence to adjudicate disputes relating to the conformity of laws, procedures that have the power of law, royal decrees, and regulations with the Basic Statute of the State and their non-contravention of its provisions, and shall prescribe its authority as well as the procedures it follows. Chapter Two The Public Prosecution Article 86 Public Prosecution is part of the judicial authority. It shall undertake public prosecution in the name of society, oversee the affairs of judicial enforcement, and ensure implementation of penal laws, prosecution of offenders, and execution of judgments in the manner prescribed by the law. The law shall organise public prosecution, regulate its competences, and specify the conditions and guarantees for those who undertake its functions. Chapter Three The Fatwa and Legislation Body Article 87 The law shall specify the competences of the body that provides legal opinions to the units of the administrative apparatus of the state and other public legal persons and that prepares and reviews draft laws, regulations, and decisions. The law shall prescribe the mechanism for representing the units of the administrative apparatus of the state and other public legal persons before judicial bodies. Chapter Four Advocacy Article 88 Advocacy is a free profession that contributes, along with the judicial authority, to achieving justice and the rule of law, and guaranteeing the right to defence. A lawyer shall practise advocacy independently, subject only to his conscience and the provisions of the law. All lawyers shall enjoy—while exercising the right to defence before the courts—the guarantees and protections that are prescribed for them in the law and that are applicable to them before the investigative and evidence gathering authorities, in the manner prescribed by the law. Book Seven General Provisions Article 89 The application of this statute shall not prejudice treaties and agreements that the Sultanate has entered into with states and international authorities and organisations. Article 90 It is not permitted to suspend any of the provisions of this statute except during a state of emergency and within the limits prescribed by the law. Article 91 Laws shall be published in the Official Gazette within two weeks of their issuance, and they come into force on the date of their publication, unless another date is stipulated in them. Article 92 The provisions of laws apply only to what occurs after the date they come into force, and they do not have effect in regard to what occurs prior to this date, unless it is stipulated otherwise in them. This exception does not include penal laws and laws on taxes and fees. Article 93 International treaties and agreements do not have the power of law except after their ratification, and it is not permitted in any case for a treaty or an agreement to include secret terms that contradict its public terms. Article 94 All that is prescribed by laws, royal decrees and orders, regulations, and decisions in force on the date on which this statute comes into force shall remain in effect, provided that it does not contradict any of its provisions. Article 95 Competent bodies shall issue the laws required by the provisions of this statute within two years from the date it comes into force. Article 96 Laws, procedures that have the power of law, royal decrees, and regulations must conform to the provisions of the Basic Statute of the State. Article 97 It is not permitted for any entity in the state to issue regulations, decisions, or instructions that contradict the provisions of the laws and royal decrees in force, or international treaties and agreements that are considered part of the law of the land. Article 98 This statute shall not be amended except in the same manner in which it was promulgated.