QATAR'S NEW CONSTITUTION TAKES EFFECT WITHOUT FANFARE

UNCLAS DOHA 001155

SIPDIS

SENSITIVE

FOR NEA/ARPI THORNE

E.O. 12958: N/A
TAGS: PGOV KDEM QA
SUBJECT: QATAR'S NEW CONSTITUTION TAKES EFFECT WITHOUT FANFARE



1. (SBU) Qatar's first constitution took effect June 9, replacing
a temporary law in place since 1971. The event passed without any
attention from the media or other official recognition. When the
constitution was approved by popular referendum in 2003, there
was much fanfare to highlight the occasion. Because the
constitution represents a step toward more democratic
institutions and more well-defined roles for the branches of
government, the lack of attention to its coming into force is
noteworthy.


2. (SBU) Emboffs met with a range of Qatari citizens including
lawyers, intellectuals and businessmen to hear their comments on
the coming into force of the constitution and why it has been
given a very low profile. Most agreed that the constitution is
step forward in the rule of law. They said the concept of a
constitution is necessary for establishing democracy and will
push Qatar to a more advanced political level. Some said a "new
era of democracy is beginning" in the country. They argued that
the lack of coverage of the constitution is because the important
event was its approval two years ago and its coming into force is
a procedural event only. The people have already voiced their
enthusiasm for the document. While the constitution is not
entirely perfect, its supporters said, few basic laws are, and it
grants certain rights to citizens and clarifies areas of
governmental authority, thus becoming a net plus for the country.


3. (SBU) Contacts praised the constitution in particular for its
articles that clear the way for the separation of executive,
legislative and judiciary branches. Ministers will now become
accountable to the legislature. Our contacts agreed that some
aspects of the constitution could have been better. For example,
it does not allow for the formation of political parties and
stipulates that no changes can be made to the articles for the
first 10 years.

4. (SBU) One explanation offered for the lack of official and
media coverage is that Qatar aimed to avoid provoking neighboring
states, given the fact that Qatar has occasionally been critical
of their internal structures. They recognize that the drafting
committee signed the document without a real contribution to the
drafting process and that the Qatari population approved the
constitution amidst an intense "yes" campaign largely without
reading it. There were no public debates or analyses but rather a
high level of praise during the referendum period.

5. (SBU) Contacts expressed reservations, however, over some of
the constitution's articles. One, number 17, gives financial
power to the Amir. It reads, "The financial remuneration of the
Amir, as well as the gifts and assistance shall be defined as per
a decision to be taken by the Amir annually." Article number 62
states: "The executive authority shall be handled by the Amir to
be assisted by the Cabinet as stipulated in this Constitution."
It was pointed out to us that the Amir is not accountable to any
institution. Interlocutors also raised questions about article
number 75, which could by used as a tool to pass any law without
the Advisory Council's review. In general, contacts believed it
would be impossible for the Advisory Council to pass any law that
contradicts the government's interests. This is because articles
105 and 106 state that any draft shall require a two-thirds vote
of the council, while one-third of the council will be appointed
by the Amir. Thus, the executive authority (the Amir's ministers)
will need to obtain only one vote from an elected member to block
any legislation. The Amir has powers to dissolve the parliament,
suspend and veto laws, and conduct referenda.

6. (SBU) Emboffs inquired about the absence of a constitutional
court. Some contacts believe that lower courts have the power to
rule on constitutional cases; others believe that the
responsibility to ensure proper enforcement of the constitution
is solely the government's. Some said establishment of a
constitutional court is a matter of time and would be the next
step in the democratization process.
Comment
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7. (SBU) Post believes that the constitution is a step forward in
establishing democratic institutions. It separates branches of
government, creates a national elected legislative body, and
specifies that ministers be required to report to the
legislature. Criticisms of the document are also valid: it
solidifies the authority of the ruling family, which is not
accountable to other national institutions, and it is not clear
which body or court will protect the constitution. The current
lack of public discussion of the constitution is noteworthy
because a document broadly supported by an informed citizenry
stands the best chance of becoming an effective building block of
democracy.
UNTERMEYER