There are only a few weeks to go before June 30, 2013, the date given in Emiri decision No.18 of 2010 as the date of expiry of the term of the current, appointed Shura (advisory) Council. Will the Emir extend the term of the current council? Will we have Shura Council elections after planning them all these years? Article 46 of the Interim Statute, which was amended in 1972, stipulated more than 40 years ago that a new elected advisory council should be formed by universal secret ballot after the expiry of the first term. The plan was for the council to be appointed for one year only, according to Article 45 of the Interim Statute.
However, when the year drew to an end the above article was amended, in 1973, to extend the council’s term to three years. Another three-year extension was given to the council in 1975, and an amendment extended its term to six years.
These two extensions were followed by several Emiri decrees that extended the term of the Advisory Council further, without making any amendments to Article 45 of the Interim Statute. The article stipulates that “it is permissible to extend the term of the Advisory Council as long as this serves public interests”. Taking advantage of this, decisions to extend the Advisory Council’s term were issued in 1982, 1986, 1990, 1995, 1998, 2004, 2005, 2007, 2008 and 2010, when its term was extended until June 30,2013. None of these decisions clarified what was the public interest they intended to serve.
On November 16, 1998, the Emir delivered a speech on the inauguration of the 27th ordinary session of the Shura Council. He said: “It is time to upgrade our constitutional system”, and this “should contribute to boosting the ability of the state’s executive, legislative and judiciary agencies to carry out their duties properly and effectively. This will also improve the performance of the government and make it more capable of carrying out its duties in serving the citizens, pushing the development process forward as well as increasing public participation, drawing state policies and implementing these policies in the best manner”. The Emir added: “To achieve all these, we have decided, by the grace of God, to form a committee of experts and specialists to draft a permanent constitution for our country”. A constitution that will include formation of a parliament elected by direct voting, which will mark the start of the process of making public participation the basis of governance.
On November 18, 2003 and upon the inauguration of the 32nd ordinary session of the Shura Council, the Emir delivered a speech in which he said: “The referendum on the permanent constitution, which received major public approval, showed that the constitution’s provisions meet the aspirations of our people in creating a state of institutions built on the separation of powers. Public participation as embodied in an elected Shura Council, one of its most basic tenets, was the most important event that occurred on the domestic stage since we met last year. This public approval also reflected our people’s belief in the rules included in this constitution”.
During the inauguration of the fourth Doha Forum on Democracy, Development and Free Trade on April 5, 2004, the Emir said in his speech: “Qatar has taken major strides on the path of bolstering public participation over the past years. This was demonstrated last April through the referendum on the draft of the permanent constitution, whose articles guarantee rights, protect freedoms, create a state of institutions and rule of law, and pave the way for holding parliamentary elections in which citizens participate to form the Advisory Council, which will help in improving public work in general”.
The aforementioned speeches by the Emir show clearly that it is high time a constitution “whose basic articles focus on the formation of an elected council through general ballot” is drafted.
The speeches also show that public participation and the creation of a state of institutions on the basis of separation of powers do not only represent the desire of the Emir but also the desires of the Qatari people. The Emir also thinks that public participation, embodied in an elected Advisory Council, is a basic pillar of the new constitution and that soon (the speech was delivered in 2004) parliamentary elections would be held to open the way for participation of citizens in forming the elected Council.
The Emir did not only voice his strong belief in democracy, an elected Advisory Council and public participation in political decision-making internally, but also took the same message to the discussions of the 59th UN General Assembly on September 11, 2004.
The Emir said in his speech: “Political reform and the participation of citizens in decision-making is no longer an optional thing that we can take or leave, but a necessity. I do not exaggerate by saying that these things have become inevitable after international experience has shown that the countries that made economic achievements were the ones keenest on democracy”.
Political reform and the participation of citizens in decision-making, as the Emir believes, are no longer issues that should be debated; they are not optional any more. They, however, are obligatory and inevitable. This means that countries that do not have public participation in decision-making can suffer economic and social problems as a result.
The constitution, which should have been drafted in 1998 and was completed in 2002 by a committee formed in 1999, which took three years to draft it, remained shelved for over a year until voters were invited to the referendum in 2003. It was then shelved for another year before it was issued in 2004. It took another year before it was published in 2005. In this way, it saw the light of day seven years after it was first announced in 1998.
Despite all these years of waiting, one-third of the constitution’s articles — related to election of the council in line with Article 150 — have not been implemented. Seven years have passed since the provisions of the constitution started to be implemented. This one-third, described by the Emir in his speeches as the “basic pillar” of the new constitution, is by far the most important part of the constitution.
Finally, the Emir announced during the inauguration of the 40th session of the Advisory Council in early November 2011 that he had decided that the Advisory Council elections should be held in the second half of 2013. We are approaching this date. Will the second half of this year witness Advisory Council elections? The election law has not been prepared so far, the voter lists are not yet ready, and a decision on electoral constituencies has not been made. The summer is here, and I hope that the second half of this year witnesses Council elections. If this does not happen, it is our right to ask who is responsible for delaying the fulfilment of the wishes of the Emir, as expressed in his speeches. We will have the right to ask about those responsible for delaying the fulfilment of the aspirations of the Qatari people, aspirations voiced by the Emir.
