US embassy cable - 05DOHA1155

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 
------- 
 
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