Identifier
Created
Classification
Origin
07MANAMA262
2007-03-22 06:59:00
CONFIDENTIAL
Embassy Manama
Cable title:  

COUNCIL OF REPRESENTATIVES CRIES FOUL OVER

Tags:  PGOV BA POL REFORM 
pdf how-to read a cable
VZCZCXRO2043
OO RUEHDE RUEHDIR
DE RUEHMK #0262/01 0810659
ZNY CCCCC ZZH
O 220659Z MAR 07
FM AMEMBASSY MANAMA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6585
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RHBVAKS/COMUSNAVCENT PRIORITY
RHMFISS/HQ USCENTCOM MACDILL AFB FL PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 000262 

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/06/2017
TAGS: PGOV BA POL REFORM
SUBJECT: COUNCIL OF REPRESENTATIVES CRIES FOUL OVER
DISREGARDED LEGISLATIVE PROPOSALS

Classified By: DCM Susan L. Ziadeh for reasons 1.4 (b) and (d).

-------
Summary
-------

C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 000262

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/06/2017
TAGS: PGOV BA POL REFORM
SUBJECT: COUNCIL OF REPRESENTATIVES CRIES FOUL OVER
DISREGARDED LEGISLATIVE PROPOSALS

Classified By: DCM Susan L. Ziadeh for reasons 1.4 (b) and (d).

--------------
Summary
--------------


1. (C) By taking no action, the Bahraini government
effectively vetoed 25 legislative proposals of the Council of
Representatives (COR),all from the last parliamentary term.
The government had a limited period in which to return the
proposals to the COR at the beginning of the current term in
order to activate them. In failing to do so, it sparked a
strong reaction from most MPs, especially incumbents who had
invested time in developing the proposals. Responding to the
reaction of unhappy MPs, Minister of State for Parliament and
Shura Council Affairs Abdul Aziz Al Fadhel said that the
government had the right to reject legislative proposals
without consulting parliament. As a result, there was wide
support among MPs to propose amendments to the COR's by-laws
to augment the authority of the parliament, with some calling
for constitutional changes. There were also appeals for the
government to increase the level of cooperation with the COR
so that both can work more effectively. End summary.


2. (SBU) The government's rejection of 25 legislative
proposals (iqtirah bi qanun) submitted by the parliament
during its last four-year term has sparked the first
substantive confrontation between the government and MPs
since the start of the second legislative term in December

2006. MPs were unhappy that in missing a 20-day return
deadline, the government had in fact rejected the proposals
without any consultation with parliament. In the face of
broad criticism, the strongest coming from Sunni Al Minbar's
Mohammed Khalid during a session of the COR February 20,
Minister of State for Parliament and Shura Council Affairs
Abdul Aziz Al Fadhel said that the government had the right
to reject legislative proposals without consulting
parliament. He quoted article 92 of the constitution and
articles 102 and 119 of the parliament's by-laws as
justification for the government's decision. MPs accused the
government of not cooperating with the parliament and of
misinterpreting the COR's by-laws.

--------------
The Process
--------------


3. (SBU) According to Article 81 of the 2002 constitution,
"The Prime Minister shall present bills to the Chamber of
Deputies." In practice, proposed legislation (mashru' bi
qanun) is drafted in the executive branch. As a government
ministry identifies a legislative need, the Legal Affairs
Directorate drafts legislation for the Cabinet, which then
forwards it to the COR. Article 92 of the constitution,
however, also allows the COR and the upper house Shura
Council to propose legislation. Under COR by-laws, a
legislative proposal (iqtirah bi qanun) can be initiated in
the COR with the support of five MPs.


4. (SBU) After being drafted and submitted to the office of
the speaker, the five members of the executive council (the
speaker, the first and second deputy speakers and the chairs
of the legal affairs and financial affairs committees),
confirm the proposal's constitutionality and refer it to the
appropriate COR committee for further action. As described
in Article 95 of the COR's by-laws, the committee discusses
the proposal, prepares a report with its recommendation to
accept or reject the proposal, and returns it to the
executive council. If the executive council concurs with a
committee recommendation to accept the proposal, it is
referred to the Cabinet, and then to the Legal Affairs
Directorate, to draft the legislation. Once draft
legislation is complete, the Cabinet sends it to the COR for
committee and full-council discussion and a vote. If
approved, it is forwarded to the Shura Council for its
deliberation and vote. After approval by the Shura Council,
the legislation returns to the Cabinet, which forwards it to
the king for ratification.


5. (SBU) Following the election of a new parliament, Article
102 of the COR's by-laws states that within the first fifteen
days of a new legislative term, the speaker must inform the
prime minister about any pending legislative proposals that
have not yet been discussed by the parliament. At the end of
the last legislative session, in July 2006, there were 27
such legislative proposals. The government then has 20 days
after notification to direct the speaker to take action on
each of the pending proposals. If the government does not do
so, the proposals are automatically considered rejected.
This is what happened to 25 of the 27 proposals. (Note: The

MANAMA 00000262 002 OF 002


government drafted the other two as proposed legislation
(mashru' bi qanun) and has forwarded them to the COR.) The
only recourse available to the COR to revive these proposals
is to start the process over from the beginning.

--------------
COR Members Push for Change
--------------


6. (SBU) Al Minbar (Muslim Brotherhood) deputy chairman Ali
Ahmed commented to the press March 1 that the parliamentary
blocs need to agree on a joint course of action to respond to
the government. He said that Al Minbar would take up
responsibility for those proposals submitted by members of
the previous COR who were not reelected. (Comment: This
pledge will likely not go beyond Al Minbar candidates who
were not reelected.) Member of the Public Utilities and
Environment Committee and Al Wifaq MP Abdulla Al A'ali said
publicly that he had begun a study of the restrictions that
the COR's by-laws impose. He said that some of the articles
are ambiguous and can be misused in order to restrict the
legislative process. He stressed the importance of improving
the by-laws and other legislation that hinders the parliament
and suggested that the government open a dialogue with the
COR to discuss the 25 outstanding legislative proposals. He
asserted that the government should respect the COR's right
to discuss and approve or reject them.


7. (C) In a conversation with PolFSN March 2, chairman of Al
Mustaqbal (The Future) bloc Adel Al Asoomi said that the
animated discussion this issue has generated illustrates COR
members' seriousness to improve the performance and authority
of the parliament. The COR cannot work effectively without
full cooperation and mutual respect between the executive
branch and the parliament. He said that if it becomes
necessary to consider constitutional changes, he and his bloc
would participate in this process. In a separate
conversation, Independent MP Abdulla Al Doseri told PolFSN
that he felt the government had violated the constitution by
allowing the time period on the proposals to elapse. He
thought the strong reaction by COR members would strengthen
their hand with the government in the future. In his view,
MPs should focus first on amendments to the COR's by-laws,
and later turn their attention to constitutional changes.

--------------
Comment
--------------


8. (C) The issue of lapsed legislative proposals highlights
the imbalance of power and authority between parliament and
the government in the legislative process. This episode has
demonstrated the ease with which the government can assert
its will. It has thrust Sunni Islamists, who are most upset
by the government's disregard for their efforts over the past
four years, into the lead in voicing the need for legislative
reform to boost the real authority of parliament. Shia
opposition bloc Al Wifaq, which is expected at some point to
raise the issue of constitutional amendments to give greater
power to Bahrain's Shia majority (septel),can take a back
seat on this issue while the Sunnis clamor for greater
legislative power.

********************************************* ********
Visit Embassy Manama's Classified Website:
http://www.state.sgov.gov/p/nea/manama/
********************************************* ********
MONROE