Qatar Qatar -- Government and Politics
Figure 10. Qatar: Abbreviated Genealogy of the Al Thani, with
Government Positions, 1992
Source: Based on information from John Duke Anthony, Arab
States of the Lower Gulf, Washington, 1975, 78; United States,
Central Intelligence Agency, Chiefs of State and Cabinet
Members of Foreign Governments, Washington, 1992, 72; and
"Qatar," in The Middle East and North Africa, 1993,
London, 1992, 758.
Khalifa ibn Hamad Al Thani, ruler of Qatar
Courtesy Embassy of Qatar, Washington
The 1970 provisional constitution (sometimes called the
basic
law) declares Qatar a sovereign Arab, Islamic state and
vests
sovereignty in the state. In fact, sovereignty is held by
the
amir, but, although he is supreme in relation to any other
individual or institution, in practice his rule is not
absolute.
The constitution also provides for a partially elected
consultative assembly, the Advisory Council. The first
council's
twenty members were selected from representatives chosen
by
limited suffrage. The size of the council was increased to
thirty
members in 1975. Among the council's constitutional
prerogatives
is the right to debate legislation drafted by the Council
of
Ministers before it is ratified and promulgated.
The amir is also obliged to rule in accordance with
Islamic
precepts, which include fairness, honesty, generosity, and
mutual
respect. Islamic religious and ethical values are
applicable to
both the ruler's personal life and his rule. Thus, the
ruler must
retain the support of the religious community, which often
asserts itself in such areas as media censorship,
education
regulations, and the status of women.
The state political organs include the ruler, the
Council of
Ministers, and the Advisory Council. The ruler makes all
major
executive decisions and legislates by decree. The
constitution
institutionalizes the legislative and executive processes
in the
functions of the ruler, in effect formalizing his
supremacy.
Among the ruler's constitutional duties are convening the
Council
of Ministers, ratifying and promulgating laws and decrees,
commanding the armed forces, and appointing and dismissing
senior
civil servants and military officers by decree. The
constitution
provides that the ruler possess "any other powers with
which he
is vested under this provisional constitution or with
which he
may be vested under the law." This means that the ruler
may
extend or modify his powers by personal decree.
The constitution also provides for a deputy ruler, who
is to
assume the post of prime minister. The prime minister is
to
formulate government programs and exercise final
supervisory
control over the financial and administrative affairs of
the
government. When the constitution was promulgated, Khalifa
ibn
Hamad was concurrently prime minister and heir apparent,
but the
constitution did not specify that the post of prime
minister must
be held by the heir apparent.
The Council of Ministers, which resembles similar
bodies in
the West, forms the amir's cabinet. A major government
reshuffle
in July 1989 reorganized several ministries, bringing in
younger
men loyal to Khalifa ibn Hamad's son, Shaykh Hamad ibn
Khalifa.
The Al Thani continued to dominate the government, with
the most
influential (after the amir and heir apparent) being
Shaykh Abd
Allah ibn Khalifa, minister of interior; Shaykh Ahmad ibn
Hamad,
minister of municipal affairs and agriculture; and Shaykh
Muhammad ibn Khalifa, minister of finance, economy, and
trade
(see
fig. 10). In October 1992, of the sixteen Council of
Ministers posts, ten were occupied by the Al Thani and six
by
commoners.
The Council of Ministers is responsible collectively to
the
ruler, as is each minister individually. The ruler
appoints and
dismisses ministers (technically on the recommendation of
the
prime minister when that post is occupied by someone other
than
the ruler). Only native-born Qataris can become ministers,
and
the constitution prohibits the prime minister and other
ministers
from engaging in business or commercial activities while
holding
state office.
The Advisory Council debates laws proposed by the
Council of
Ministers before they are submitted to the ruler for
ratification. If approved by the ruler, a law becomes
effective
on publication in the official gazette. In 1975 the amir
empowered the Advisory Council to summon individuals to
answer
questions on legislation before promulgation. The Advisory
Council also debates the draft budgets of public projects
and
general policy on political, economic, social, and
administrative
affairs referred to it by the prime minister. The Advisory
Council can request from the Council of Ministers
information
pertaining to policies it is debating, direct written
questions
to a particular minister, and summon ministers to answer
questions on proposed legislation. Ministers have the
right to
attend and address Advisory Council meetings in which
policy
matters within their purview are being discussed; in
practice, no
use has been made of this constitutional guarantee because
members of the Council of Ministers are also members of
the
Advisory Council.
As the constitution stipulates, Qatar is divided into
ten
electoral districts for the purpose of forming the
Advisory
Council. Each district elects four candidates, of whom the
ruler
selects two, making a total of twenty; they constitute the
relatively representative portion of the council. The
members
represent all Qataris, not just those in their districts.
The
Advisory Council was increased to thirty members in
December 1975
and to thirty-five members in November 1988. Membership is
limited to native-born citizens at least twenty years of
age. The
constitution states that members are to serve three-year
terms,
but in May 1975 members' terms were extended for an
additional
three years and then for additional four-year terms in
1978, in
1982, in 1986, and in 1990.
Before the implementation of the constitution, the
ruler's
legislative authority frequently overlapped or encompassed
judicial functions because he personally adjudicated
disputes and
grievances brought before him. The constitution marks the
beginning of an attempt to organize the judiciary. The
secular
courts include a higher and lower criminal court, a civil
court,
an appeals court, and a labor court. Civil and criminal
codes, as
well as a court of judicial procedure, were introduced in
1971.
All civil and criminal law falls within the jurisdiction
of these
secular courts. A labor court was created in 1962,
primarily
because few of the country's existing judicial customs and
codes
were applicable to contemporary labor relations.
The sharia court is the oldest element in Qatar's
judiciary.
The court's law is based on the Hanbali legal school of
Islam,
wherein judges (qadis) adhere to a strict interpretation
of the
Quran and sunna, or traditions of the Prophet Muhammad
(see Sunni Islam
, ch. 1). Originally, the sharia court's jurisdiction
covered all civil and criminal disputes between Qataris
and
between all other Muslims. Beginning in the 1960s, the
court's
jurisdiction was successively restricted by decree. In the
early
1990s, its responsibilities were confined primarily to
family
matters, including property, inheritance, divorce, and
Islamic
ethics. Non-Muslims were tried in secular courts unless
they were
married to Muslims.
The constitution establishes the legal presumption of
innocence and prohibits ex post facto laws. It also
stipulates
that "judges shall be independent in the exercise of their
powers, and no party whatsoever may interfere in the
administration of justice." The judiciary is nominally
independent, not so much as a result of a constitutional
guarantee but because its jurisdiction is unlikely to
confront
the ruler's exercise of power. Secular courts adjudicate
on the
basis of the ruler's past decrees, and religious courts
are
restricted to questions of personal status. No provision
exists
for judicial review of the constitutionality of
legislation.
According to the preamble to the 1970 constitution, the
government was undergoing a transitional stage of
development.
The constitution was thus provisional and was to be
replaced with
a new constitution after the transitional period ended.
Shaykh
Khalifa ibn Hamad has usually legitimated government
changes that
he decrees by reference to the constitution. As of early
1993,
however, there had been no indication that the full
implementation of the constitution was imminent (for
example, the
electoral aspects of selection to Advisory Council
membership) or
that the transitional period was ending and a new
constitution
forthcoming.
In addition to describing and delineating governmental
authority, the constitution sets forth such protections as
equality among Qataris regardless of race, sex, or
religion;
freedom of the press; sanctity of the home; and
recognition of
both private and collective ownership of property. Such
guarantees, however, are limited by the public interest
and must
be in accordance with the law--which is determined by the
ruler.
In practice, freedom of the press means that incoming
foreign
publications are screened by a government office for
potentially
objectionable material, and the indigenous press exercises
self-
censorship and is subject to sanction if it fails to deal
appropriately with political and religious issues
(see The Media
, this ch.).
The constitution also includes a commitment to certain
economic, social, and cultural principles, including state
provision of health care, social security, and education.
Housing, pension, education, and medical programs were
begun in
the 1960s and expanded by Shaykh Khalifa ibn Hamad as oil
revenues permitted throughout the years. There were no
state
taxes on individuals, and the state subsidized the prices
of
basic commodities to minimize the effects of inflation.
Although
these programs appeared to reflect West European statism,
they
were manifestations of the ruler's sense of duty, based on
obligations inherent in Islamic ethics.
Data as of January 1993
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