SAUDI CONSULTATIVE COUNCIL DOMINATED BY

C O N F I D E N T I A L SECTION 01 OF 05 RIYADH 000598

SIPDIS

DEPARTMENT PLEASE PASS TO NEA/ARP JOSH HARRIS AND DRL/NESCA
MATT HICKEY

E.O. 12958: DECL: 04/14/2019
TAGS: PGOV PREL SA
SUBJECT: SAUDI CONSULTATIVE COUNCIL DOMINATED BY
U.S.-EDUCATED EXPERTS

REF: RIYADH 482

Classified By: Charge d'Affaires David Rundell
Reason 1.4 (b) & (d)


1. KEY POINTS AND COMMENT:

-- (U) King Abdallah appointed 81 new members to Saudi
Arabia's 150-member Majlis Al Shura (Consultative Council) on
February 14.

--(U) Half of all the members (and 43 percent of the new
appointees) studied in the US, and 70 percent have PhDs.

-- (C) The new Majlis Chairman is Sheikh Abdullah Bin
Mohammed Al Al-Sheikh, the former Minister of Justice. A
highly respected Islamic scholar, he was appointed to
reassure religious conservatives that the Majlis will be
guided by Sharia in its deliberations.

-- (U) The membership is drawn from and is roughly
proportional to the populations of the Kingdom's thirteen
provinces. The number of Shia members declined from five to
three.

-- (U) There was no change in the role of women advisors,
whose numbers nevertheless increased from six to twelve.

-- (U) The Majlis is seen by the SAG as an advisory body
needing highly-educated members. Commenting to Al-Madina
newspaper on March 24, Interior Ministry Prince Nayif stated
that appointments (versus elections) "give us the best
selectees," adding that "the members would not be at this
level" if elected.

-- (U) The King therefore appoints technocrats who are
experts rather than local leaders.

-- (C) The Majlis is not a breeding or training ground for
future leaders; those the King chooses are already leaders in
their fields, and they are unlikely to challenge the
legitimacy of the Al-Saud.

-- (U) The Majlis' limited powers have increased
incrementally, and today its influence stems from its
responsibility for the Kingdom's five-year development plans,
from which the annual budgets are derived, its ability to
summon government officials for questioning, and its role as
policy debate forum.

COMMENT:

-- (C) The new Majlis chairman and membership do not
represent a notable shift in internal Saudi politics. What
is significant is that the Majlis continues to be dominated
by members who have studied in the United States,
illustrating that influential Saudis still, more often than
not, are likely to be US-educated, and speak American
English, and while not always fully agreeing with USG
policies, hold the US in high regard. The Majlis helps shape
SAG policies and public perceptions, and as such, has the
potential to bolster US-Saudi bilateral ties.

END KEY POINTS AND COMMENT.


--------------
THE MAJLIS - SEEDS OF DEMOCRACY?
--------------


2. (U) NO LOCAL FACTIONS: The Majlis is one component of
the Saudi legislative process. It is also seen as a system
for expanding political participation, and as such receives
far greater public attention as a potential "seed of change"
than any other Saudi institution. However, it is probably
misleading to see the Majlis as a precursor to a parliament.
It remains an institution whose members are appointed by and
whose power devolves from the King and not "the people."
While all regions of Saudi Arabia are represented, members
are appointed as individuals and expected to work for the
national good. The King appoints members who are experts,
not political leaders. The King appoints a hydroelectric
expert to advise on issues of electricity, an Islamic
antiquities expert to advise on tourism, or a former military
officer to advise on security. The Majlis is not a breeding
nor training ground for future leaders; those the King
chooses are already leaders in their fields, and they
represent no threat to the legitimacy of the Al-Saud.


RIYADH 00000598 002 OF 005



3. (U) THE MAJLIS - HOW CLOSE TO A "REAL" PARLIAMENT IS IT?
The Al-Saud have granted the Majlis increased numbers and
legislative power since 1992, though it still lacks budgetary
authority.
While it engages in democratic-style practices such as
voting, bill-making and often rancorous (for the Saudi
context) debate, it seems clear that the Saudi leadership
seeks a circumscribed role for the council. It is both
codified and viewed by the SAG as an advisory body needing a
highly-educated members who are technocratic leaders in their
fields. Commenting to Al-Madina newspaper on March 24,
Interior Ministry Prince Naif stated that appointments
(versus elections) "give us the best selectees," adding that
"the members would not be at this level" if elected.

-------------- --------------
THE NEW MAJLIS MAKE-UP - SAUDI BORN, AMERICAN EDUCATED:
-------------- --------------



4. (U) MAJLIS MEMBERS TRAINING AND PLACE OF STUDY: The
current membership has impressive credentials:

- 16% have bachelor's degrees;
- 13% have master's degrees;
- 70% have PhDs; and
- 1% have MDs.

They are overwhelmingly educated outside the country:

- 49% in the United States;
- 29% in Saudi Arabia;
- 16% in the United Kingdom;
- 3% in France;
- 1% in Germany;
- 1% in Egypt; and
- 1% in Pakistan.


5. (U) THE NEW MEMBERS; A GEOGRAPHICAL BREAKDOWN: Majlis
members are appointed as individuals and not/not as
representatives of regions or localities. Nevertheless, they
are drawn from every Saudi province, in numbers roughly
proportional to each region's population. Exceptions are the
Eastern Province, which is underrepresented, and Qassim and
Madinah, which are over-represented:

- Al-Jouf: 2 percent of total population, 4% of Majlis;
- Tabuk: 3 percent of total population, 2% of Majlis;
- Northern Border: 1 percent of total population, 4% of
Majlis
- Ha'il: 3 percent of total population 4% of Majlis;
- Qassim: 5 percent of total population, 13% of Majlis;
- Eastern Province: 16 percent of total population, 8% of
Majlis;
- Madinah: 7 percent of total population, 12% of Majlis;
- Makkah: 22 percent of total population, 24% of Majlis;
- Riyadh: 23 percent of total population, 18% of Majlis;
- Baha: 2 percent of total population, 2% of Majlis;
- Asir: 8 percent of total population, 6% of Majlis;
- Jizan: 6 percent of total population, 2% of Majlis; and
- Najran: 2 percent of total population, 1% of Majlis.

(Note: One previous member born in Syria is now gone; one new
member is from Basra, Iraq. End note.)


6. (C) The new membership's geographical distribution changed
slightly from the previous session, with Qassim and Asir
gaining a few members, and Riyadh losing several. There is
no evidence to suggest that the changes reflect a plan by the
King to give more of a voice to any particular region,
however. Changes for each region from the 2005-2009 Majlis
were:

- Al-Jouf ( 2.1%)
- Tabuk (-1.4%)
- Northern Border ( .4%)
- Hail ( 1.3%)
- Qassim ( 4.6%)
- Eastern Province ( .1%)
- Madinah ( .4%)
- Makkah ( 1.7%)
- Riyadh (-10.2%)
- Baha ( .2%)
- Asir ( 3.1%)
- Jizan (-2.2%)
- Najran ( .1%)

(Note: The birthplaces of only 120 of the 150 members are
available/known. End note.)

RIYADH 00000598 003 OF 005




7. (U) THE CONTROVERSY OVER WOMEN AND SHIA MEMBERS: The
previous Majlis session included five voting Shia members and
six female non-voting members. The number of Shia in the
Majlis is now three. For the new session, the King increased
the number of "female advisors" from six to twelve. However,
the King did not change their authority: they still cannot
vote; they instead "advise" relevant Shura committees, often
the Social, Family, and Youth Affairs Committee. Recently,
Minister of Interior Nayif, also the new second deputy prime
minister (reftel A) told Al-Madina newspaper on March 25 that
he sees "no need" to increase female participation in the
Majlis.


8. (U) NO NEW STRUCTURE: The Majlis Al-Shura consists of 12
permanent committees:

- Islamic, Judicial, and Human Rights
- Social, Family, and Youth Affairs
- Administration, Human Resources, and Petitions
- Economic and Energy Affairs
- Security Affairs
- Educational and Scientific Research Affairs
- Cultural and Information Affairs
- Foreign Affairs
- Health and Environmental Affairs
- Financial Affairs
- Water, Public Facilities, and Services
- Transportation, Communications, and Information Technology

These 12 standing committees meet once per week while the
Majlis is in session; the Majlis Chairman may form special
committees at his choosing.


9. (U) NO NEW MANDATE: The King did not change the
procedures or powers of the Majlis, though he appointed a
member of the royal family to the Majlis for the first time.


10. (C) THE NEW CHAIRMAN -- TRADITIONAL GUARDIAN: King
Abdallah replaced previous Shura Chairman Sheikh Salih Bin
Abdullah Bin Humayd with Sheikh Abdullah Bin Mohammed Bin
Ibrahim Al-AlSheikh, the former Minister of Justice. His
appointment seemed designed to reassure the Ulama and
religious conservatives that the Kingdom's legislative
activities will continue to take place within the context of
Sharia, and guided by one of the country's most senior
religious scholars.


11. (U) Born in Dir'iyyah (outside Riyadh) in 1951,
Al-AlSheikh obtained his bachelors degree at the Shariah
College of Imam Mohammed Bin Saudi University in Riyadh in

1975. He then earned a masters degree in 1979 from Al-Azhar
University in Egypt. He earned his Ph.D. in Fiqh (Islamic
jurisprudence) from Imam Mohammed Bin Saudi University in

1987. A member of the Board of Senior Ulema from 1992-1995,
Al-AlSheikh was the Minister of Justice from 1995-2008.
Al-AlSheikh is also a member of the Supreme Council for
Islamic Affairs.

--------------
THE MAJLIS' FUTURE: PUBLIC OUTREACH AND
INCREASED AUTHORITY?
--------------


12. (U) NO NEW LEGAL MANDATE, BUT PUBLIC MANDATE - YES: In
the last few years, the Shura Council has not enjoyed great
public support. The former Majlis Chairman, Sheikh Humayd,
stated two months before the cabinet reshuffling that the
"approval rate of the (Majlis') performance does not exceed
20%." Several Majlis members' interviews since the February
14 appointments stress the need to reach out to the public.
Dr. Al-Dawsari, a member of the Islamic, Judicial, and Human
Rights Committee told Al-Watan on February 16 that the Shura
Council should be a "catalyst for the drive of the leadership
and of the media to bring about change."


13. (U) OUTGOING MEMBERS RECOMMEND MORE POWER: Just prior
to the end of the previous Majlis session, Dr. Abd-al-Rahman
Al-Shubail, along with eight other Majlis members whose terms
the King did not renew, authored a book on recommendations
regarding changing the authority of the Majlis. The
recommendations, while not revolutionary, do envision a much
greater role for the body. Needless to say, none were
adopted, and the members were all retired. They recommended
granting the council the power to summon ministers without
approval, the power to approve the state budget before it
ratification by the Council of Ministers, and oversight of
the previous year's actual budget allocations. They also
advocated election of half the Majlis members (similar to

RIYADH 00000598 004 OF 005


municipal councils),and stressed the importance of having
greater female participation (but did not go so far as to
recommend female members with the power to vote).


14. (U) SOME MEMBERS - MORE WOMEN: Former Majlis member Dr.
Abd-Al-Aziz Al-Nu'aym also recommended that the Majlis
allocate 20% of the membership to women. Muhammad Al-Sharif,
another former member, agreed with this proposal, adding that
this action would recognize women's role in Saudi Arabia and
the "right to participate in public life." He argued that
this will remove the public embarrassment the issue creates
for Saudi Arabia in the international community.

--------------
MAJLIS BACKGROUND: HISTORY AND RECENT REFORMS
--------------


15. (U) MAJLIS AL-SHURA - WHEN AND HOW DID IT EVOLVE? King
Abdalaziz established the precursor to the Majlis in 1926
(with the first session beginning in 1927). In 1953, when
the government formed the Council of Ministers, the Council
took over the Majlis' legislative duties. However, this body
existed only in the Hijaz, and was moribund by the early
'30s. It never had the status of the current body. King
Fahd revived the Majlis in 1993, though it was a much
different organization with 60 members. The membership was
further expanded to 90 in 1997, 120 in 2007, and finally to
150 in 2005.


16. (U) LEGISLATIVE AUTHORITY IN THE KINGDOM: Saudi
Arabia's legal system derives its basis from the Holy Quran
and the Sunnah, forming Sharia law. The King, the Council of
Ministers, and the Majlis Al-Shura form Saudi Arabia's
legislative power. The King has the ultimate authority over
the legislative process: as Head of State and Head of the
Council of Ministers, he has the power to repeal, enact, or
amend any laws or regulations by Royal Decree. The King can
accept and reject any proposal from either of the other two
legislative bodies: the Council of Ministers and the Majlis
Al-Shura.


17. (U) THE 1992 BASIC LAW AND THE CREATION OF THE NEW
MAJLIS: The 1992 Basic Law mandated the creation of a new
Majlis system. In this new form, the law states that the
Majlis is intended to be an institution to "exercise
oversight functions, allow citizens to participate directly
in the administration and planning of country policies,
monitor the performance of agencies, and open up the Saudi
decision-making process to greater public scrutiny and
accountability." According to this new Shura law, the King
must issue a Royal Decree every four years that marks the
beginning of a new Majlis term. In addition, at the
beginning of each new session the King must address the
Majlis to outline both foreign and domestic priorities. The
Shura law states that the King must choose members from among
"scholars and men of learning." While there are no term
limits, the King must replace fifty percent of Majlis members
at the beginning of each new session. Majlis members cannot
hold any other government or private management positions,
unless specifically authorized by the King.

-------------- --------------
SAUDI SCHOOL HOUSE ROCK - HOW A BILL BECOMES A LAW:
-------------- --------------


18. (U) WHERE A BILL COMES FROM AND WHERE IT GOES: Majlis
members may introduce a bill at any time; however, the
Chairman must approve a bill before a committee or the
general membership may consider it. Unlike the Council of
Ministers, where one Minster may introduce a bill for the
King's consideration, a bill must pass the Majlis with
two-thirds majority before the Majlis Chairman may forward it
to the King. Bills are debated at length, and similar to
Western parliamentary systems, the committees call experts
and government officials to give advice on proposed
legislation.


19. (U) THE 2003 REFORMS: Prior to 2003 the King's approval
was needed before the Majlis could study an issue or bill.
With a change to Article 23 of the Shura Council Law, the
Majlis has the power to initiate legislation. In the past,
after the Majlis considered a law, it went to the Council of
Ministers before it went to the King. A 2003 amendment gave
the Majlis the authority to send completed legislation
directly to the King (rather than the Council of Ministers),
putting it, theoretically, on an equal footing with the
Cabinet. In the event of a disagreement between the Cabinet
and the Majlis on a piece of legislation, the Majlis can
still send it to the King who holds the final decision.

RIYADH 00000598 005 OF 005


(NOTE: As the King is the head of the Council of Ministers,
it is unlikely that the Council would take a position against
the Majlis on an issue that the King supports. END NOTE.)


20. (U) WHAT A BILL CANNOT BE: Bills originating from
either the King, the Council of Ministers, or the Majlis
cannot conflict with the Quran or a Sunnah. These compromise
Saudi Arabia's constitution, and hence take precedence over
all other laws (including the Basic Law). Proposed
legislation must also comply with the Basic Law. Finally,
under the Basic Law, all proposed legislation must "meet the
interests of the state and (legislators must) remove whatever
might be detrimental to state affairs - all in accordance
with Islamic Shariah."


21. (U) DO THESE BILLS ACTUALLY BECOME LAW? After the
Majlis passes a bill and sends it to the King, many
incorrectly conclude that the bill is either law, or soon
will be. However, when the King forwards the bill to the
Council of Ministers, it can often take years before the bill
resurfaces. The Council will debate the bill itself, but
usually it sends the bill to specific Cabinet ministries for
further review. This process compromises a type of
feasibility study, where various ministries give input as to
the bill's cost and method of implementation. This said,
there is also evidence that in this lengthy review process,
some bills never resurface; they either evolve into different
bills or are thrown out altogether.

-------------- --------------
THE ROLE OF THE MAJLIS IN THE SAUDI LEGISLATIVE PROCESS
-------------- --------------


22. (U) THE POWER TO SUMMON: The Majlis is empowered to call
upon ministry officials to the Majlis for questioning.
Initially, this power was limited, requiring that Ministers
concur with requests to summon officials for questioning.
However, King Abdallah issued instructions in 2006 ordering
that any minister or ministry official would appear when
summoned. While the Majlis occasionally holds hearings in
secret (often with the Ministry of Interior),most sessions
are public and the results available in the press the
following day. In 2007 the Majlis introduced a system by
which citizens could submit questions on specific topics to
the relevant Majlis committee; the committee will then review
the question, and if it chooses to do so, raise it with the
relevant ministry official. However indirect, this procedure
constitutes the only public questioning of Saudi government
officials by private citizens.


23. (U) NO POWER OF THE PURSE: Though the Majlis does
not/not have the power to review and approve the government
budget, it exercises its influence in two ways. First, the
Majlis is in charge of the five year plan, from which derives
the budget. Second, as previously discussed, the Majlis has
the power to call upon ministry officials, allowing the
Majlis to create public oversight of waste or under-funding.


24. (U) Whether the Majlis role will evolve further remains
to be seen -- as discussed, some erstwhile members favor the
concept of an at least partially-elective body, though royals
haven't voiced their support for such ideas. What seems
clear, however, is that the Majlis influences both public
opinion and public policy, and has steadily expanded its role
as a forum in which religious conservatives and liberal
reformers from all parts of the country debate the country's
future, and plays a role in shaping a national identity that
could one day transcend the notion of monarchy.
RUNDELL