Hussain S. Alsalmi

Hussain S. Alsalmi Oman's Basic Statute and Human Rights

Oman's Basic Statute and Human Rights

Protections and Restrictions – with a Focus on Nationality, Shura, and Freedom of Association

Klaus Schwarz Verlag
Sprache: Deutsch
1. Auflage ()
Hardcover, 347 Seiten
ISBN 9783879974238

Recent deve­lop­ments in several Arab states in 2011 in what is now dubbed the 'Arab Spring', have refo­cused and placed human rights and free­doms norms at the fore­front of many Arab states’ agenda. Over the last two decades or so there have been some deve­lop­ments in Gulf States in the areas of human rights and deve­lop­ments. However, substan­tial oil and gas reve­nues have served as a basis for social and economic deve­lop­ment and Govern­ment largesse in provi­ding basic needs has gene­rally kept at bay demands for political free­doms in compa­rison to other parts of the world.
This study seeks to answer the main ques­tion: To what extent is the appli­ca­tion of human rights and free­doms set forth in the Oman Basic Statute compa­tible with inter­na­tional conven­tions?
It aims to evaluate the import­ance of the consti­tu­tion in Oman, and the extent to which it has succeeded in incor­po­ra­ting inter­na­tional human rights’ stan­dards while walking the tightrope of recon­ci­ling this with core tradi­tional social customs and Islamic values. It analyses the compa­ti­bi­lity of consti­tu­tional and national laws and practice with inter­na­tional human rights stan­dards and assesses current trends and poli­cies.
Three case studies for diffe­rent rights and free­doms are conducted to explore the guaran­tees and weak­nesses of diffe­rent rights in practice. These are the areas of natio­na­lity 'as indi­vi­dual right' which is very important under the Omani system as it is the direct link to enjoy­ment of other rights and free­doms. The Shura is the second case study as a political right or a collec­tive right which repres­ents public parti­ci­pa­tion in Oman. Finally, the Freedom of Asso­cia­tion, as an example for the freedom of expres­sion and opinion, which repres­ents indi­vi­dual and group rights toge­ther.
This rese­arch evalua­tion analyses in detail the deve­lop­ments since the promul­ga­tion of the Basic Statute in December 1996 but stret­ches to encom­pass deve­lop­ments till the status to the end of 2011.