QATAR: FIRST STEPS TOWARD THE FREEDOM TO ASSOCIATE

UNCLAS SECTION 01 OF 03 DOHA 002022

SIPDIS

FOR NEA/ARPI, NEA/RA

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KDEM QA
SUBJECT: QATAR: FIRST STEPS TOWARD THE FREEDOM TO ASSOCIATE



1. Summary. In the one year that has passed since the
enactment of the Law for Societies and Private Foundations,
only three private societies have received permission to
form. Applicants for private status are critical of an
application process that is lengthy, convoluted, and laden
with restrictive requirements. While the numerous legal
restrictions reflect a desire on the part of the government
of Qatar to carefully control the growth of civil society
organizations in the country, the fact that citizens now have
the option to form professional associations can be seen as a
nascent step toward democratic reform. End Summary.

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The Law Regulating the Freedom of Association
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2. Article 45 of the constitution provides for the "freedom
to establish societies according to the conditions and
circumstances to be laid down by the law." In May 2004, in
fulfillment of this constitutional provision, the Emir
approved Law No. 12 of 2004 to replace Law 8 of 1998. Law No.
12, the Law for Societies and Private Foundations, came into
force on November 9, 2004. For the first time in Qatar's
history, citizens were granted the right to establish
professional associations and non-Qataris were conditionally
allowed to join them. The law defines society as a group of
persons coming together to perform humanitarian, social,
cultural, scientific, professional or charitable activities.
A professional association is defined as a society that
encompasses persons of one profession. Since the enactment of
Law No. 12 over one year ago, nineteen requests to form new
societies and professional associations were submitted to the
Ministry. Three requests were approved: a bar association,
the Gulf Studies Center and a Japan-Qatar Friendship
Association. The applications of journalists, engineers,
teachers, doctors, accountants, oil engineers and others
remain pending. They are either still under review at the
Ministry or at the Cabinet for approval.

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The Limits and Reach of the Law
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3. The freedom to establish private societies and
professional associations has been long anticipated and is
considered by many as a positive sign of democratic reform in
Qatar. However, Law No. 12 places limits on the freedom to
form societies and associations, by imposing conditions on
their establishment, management, functioning and finance, as
well as prohibiting them from engaging in political matters.
Further, the Ministry of Civil Service Affairs and Housing
(Ministry),which issued the law, can disallow the formation
of any society if deemed a threat to the public interest.


4. Those wishing to form professional associations must pay
approximately $14,000 in licensing fees and $2,700 in annual
fees. Permits are valid for three years, after which they
must renew their license and pay the same fees. Those whose
applications are rejected may appeal to the Minister of Civil
Service Affairs and Housing. The Minister has thirty days to
submit the complaint and his recommendation to the
ministerial cabinet, which will make a determination. The
decision of the cabinet is final and cannot be appealed to
the courts. Finally, members of professional associations are
barred from striking or issuing statements not related to
their profession.


5. The law stipulates a minimum of twenty Qatari citizens
over the age of 18 for establishing a society. The law allows
for the participation of non-citizens in cases in which their
participation is deemed necessary to the work of the
organization. In those instances, the prime minister must
approve their participation based on the recommendation of
the minister of Civil Service Affairs and Housing, and the
number of non-citizen participants cannot exceed twenty
percent of the total membership of the society.


6. Societies must hold annual board of director meetings.
Societies must provide the Ministry with seven days' notice
before scheduling a general assembly meeting and the Ministry
has the right to re-schedule the date of the meeting and to
send a representative to attend it. If a general meeting is
not convened, the law confers upon the Ministry the authority
to call one. The law also stipulates that the approval of the
Ministry is required before a general assembly meeting can be
held away from a society's headquarters. It prohibits members
from discussing issues that are not on the agenda during
general assembly meetings.


7. The law also gives the Ministry fiduciary oversight of
societies and requires each society to provide the Ministry
with a yearly report of its accounting records and budget.
Further, societies cannot affiliate with groups outside
Qatar, nor receive loans, grants or donations from foreign
entities unless it has received written approval from the
Ministry.

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Over Simplification or Depoliticization?
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8. In May 2005, in response to confusion over application
procedures, the Ministry issued a decree intended to simplify
the application process. The Minister authorized the issuance
of a unified application form or "foundation document" for
applicants to submit along with the other required or
supporting documents. Prior to this decree, no form existed
to collect or process all the required information. Some
applicants say that the new form fails to take into
consideration the diverse mandates and activities of
professional associations by imposing the same strict
requirements for all applicants. This is particularly the
concern of lawyers and journalists wishing to form
professional associations. They view the stipulation barring
associations from engaging in political matters to be in
direct conflict and injurious to the very purpose of their
profession. They have raised this concern to the Minister and
are awaiting his response. (Comment. The fact that the
application for the journalists' association is still pending
seems to indicate that the Ministry is still grappling with
this issue. End Comment.)

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One Year and Counting: Reactions to Law No. 12
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9. In the year since the enactment of Law No. 12, Embassy
officers met with numerous individuals and groups intent on
forming professional associations to monitor their experience
and progress in applying for a permit. Meetings were held
with members from the bar association and Gulf Studies
Center, both of which recently received approval to form
private societies, and the journalists' association, whose
application is still pending. The remarks of the applicants
were echoed throughout the various meetings, as all seemed to
share similar concerns and experiences.


10. Frustration with requirements that often seemed
contradictory to the implied intent of the law and confusion
over a process that was not always clear and straight forward
were recurring themes. Applicants observed that some of the
requirements for establishing societies and associations
hampered the application process and warned that they would
weaken the function and performance of professional
associations. Some also maintained that the fees imposed for
the establishment and renewal of professional associations
had to be reconsidered, stating the fees were prohibitive.


11. Another issue presenting difficulties to applicants
includes that of the participation of foreign nationals in
these professional associations. The founding member of the
journalists' association expressed concern that limiting
membership on the basis of nationality would create hardship
for associations such as his. Qatari journalists are
hard-pressed to find the required twenty Qatari individuals
needed to establish an association. They are further
constrained by the cap of twenty percent for the membership
of foreign nationals. The founding member of the journalists'
association is requesting a waiver of this cap, arguing that
in light of the limited number of Qataris in the field, the
cap would make it difficult to organize under the law.


12. Notwithstanding criticisms of the law and its
requirements, the applicants expressed their willingness to
comply with its requirements in order to establish
professional associations in Qatar. Some commented that the
government is keen on having these societies and associations
as they represent evidence of progress on their path towards
democracy. Others highlighted the need for awareness
campaigns to explain the activities of the associations and
the advantages of membership to Qataris, stating that Qatari
society is laregly unaware of the need and purpose of civil
society organizations.

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What Next?
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13. A recent discussion with the founding members of the
newly formed bar association provided insight into their
goals and plans. When queried whether the bar association
intended to have a voice in the drafting and enactment of
legislation, the members observed that in general lawyers
were never consulted on draft legislation. However, the
members stated that pushing for the right of the bar
association to be consulted in the drafting of new
legislation and calling for legislative amendments topped the
agenda of the new association.

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Comment
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14. The establishment of three private societies is clearly a
positive step on Qatar's path to democratic reform. The fact
that it has taken more than one year for three societies to
receive permission to organize however, seems to indicate a
wariness on the part of the government in pushing full steam
ahead on this issue. Yet, it is also illustrative of the
government's pattern to take a cautionary, if not a
preventive approach, when drafing new legislation. The desire
for political reform will be balanced with preserving the
power of the ruling regime and protecting the rights of
Qatari citizens. The government's commitment to establishing
these private societies will be further tested in the coming
months when the decisions are taken on the remaining
applications.
MCGEHEE