Qatar

Table of Contents

Introduction

Qatar gained independence from Britain in 1971. Since then, it has been ruled as an emirate whose leader is chosen from among the ruling al-Thani family. The emir acts as chief of state and appoints a prime minister to head the government. The legislative branch is composed of a unicameral Consultative Council or Majlis ash-Shura. This body is currently appointed by the emir, who promises to hold elections for a portion of the council in 2013. Emir Hamad bin Khalifa al-Thani has been in power since June 1995 when he ousted his father, Emir Khalifa bin Hamad al-Thani, in a bloodless coup. Sheikh Hamad bin Jasim bin Jabir al-Thani has held the position of prime minister since April 2007.

History of the Constitution

• In 1999, Emir Sheikh Hamad Bin Khalifa Al-Thani proposed the establishment of a permanent constitution and appointed a constitutional committee to draft such a document. After the draft had been approved by 97 percent of voters in an April 9, 2003 referendum, Qatar promulgated its first written constitution in June 2004. The Permanent Constitution of the State of Qatar (English text, Arabic text) entered into force in June 2005. The process of approving legislation and introducing institutional changes to conform to the constitution is on going.


• There is no constitutional court or mechanism for constitutional review, even though the constitution calls for such a judicial agency to be established.


• The emir or one-third of the members of the Consultative Council can call for an amendment to the constitution. Amendments are passed by a two-thirds majority of the council and must be approved by the emir. A rejected amendment cannot be proposed again until one year has passed. The constitution cannot be amended for ten years from the time of its entry into force.

State Institutions

The 2004 constitution (English text, Arabic text) vests executive authority in the emir who is assisted by his cabinet – known as the Council of Ministers.

Executive Branch

The Emir

The emir is the head of state and:

• Appoints all ministers, including the prime minister.
• Appoints an heir after consulting with the royal family.
• Currently appoints all members of the Consultative Council, despite the constitutional stipulation that 30 of the 45 members should be elected.
• Serves as defense minister and commander-in-chief of the armed forces, and exercises control over the police and internal security services.
• Develops government policy in consultation with the Council of Ministers.
• Can establish ministries and consultative bodies.
• Ratifies and promulgates laws, but will not have direct legislative power once the new constitution is fully enacted. The constitution places such power in the Consultative Council, which will become the legislature once elections are held.
• Can issue decrees with the force of law when the Consultative Council is not in session. Such decrees must be ratified by the Consultative Council and can be overturned or returned for revision by a two-thirds majority of the council.
• May declare martial law by decree in exceptional cases to be defined by law. Such a decree must be presented to the Consultative Council within fifteen days or at the Council’s first meeting after the decree. The duration of martial law must be limited and must be approved by the Consultative Council.
• May call for a referendum on important issues, the results of which are binding.
• May declare defensive but not offensive war.

Sheikh Hamad bin Khalifa al-Thani became emir on June 27, 1995 after ousting his father in a bloodless coup.

The Prime Minister

The prime minister:

• Is appointed by the emir.
• Nominates ministers and presents them to the emir for approval.
• Presides over sessions of the Council of Ministers and supervises coordination of work among the various ministries.
• Is responsible to the emir for the implementation of government policy.
• Holds the deciding vote in the Council of Ministers in case of a tie.

Sheikh Hamad bin Jassim bin Jabr al-Thani became prime minister on April 3, 2007.

The Heir Apparent

The heir apparent:

• Is the crown prince, or next in line to the throne.
• Is appointed by the emir after consulting with members of the ruling family.
• Must be a male descendent of the emir.
• Must have a Qatari mother.
• Assumes the emir’s powers upon his absence from the country or in other mitigating circumstances (Article 11).
• Presides over sessions of the Council of Ministers when present.

Tamim bin Hamad bin Khalifa al-Thani (the emir’s fourth son) became crown prince on August 5, 2003, replacing his brother, Prince Jassim bin Hamad bin Khalifa Al-Thani.

The Cabinet

The cabinet:

• Is known as the Council of Ministers.
• Is formed by emiri decree based on a proposal by the prime minister.
• Drafts laws and decrees that are referred to the Consultative Council for discussion before being submitted to the emir for ratification.
• Endorses resolutions and regulations prepared by ministries within their individual areas of jurisdiction.
• Monitors the implementation of laws, decrees, resolutions, regulations, and court judgments.
• Monitors state finances and prepares the state draft budget.

Key ministries are headed by important members of the ruling family, although this is not stipulated by the constitution.

Sheikha bint Ahmed al-Mahmud became the first woman appointed to the cabinet when she became Minister of Education in April 2003. In July 2008, a second woman – Sheika Ghalia bint Mohammed bin Hammad Al Thani – was appointed as health minister. However, in 2009, both women were removed. The state-run Qatar News Agency gave no reasons for the dismissals.

Legislative Branch

The 2004 Constitution (English Text, Arabic Text) vests legislative authority in a unicameral legislature known as the Consultative Council (Majlis ash-Shura).

The Consultative Council (Majlis ash-Shura):

• The 2004 constitution states that the council should consist of 45 members, 30 elected and fifteen appointed by the emir. However, all of the seats are currently appointed by the emir. Elections for the first partially elected council were initially expected in 2004, but have been postponed several times, including in 2007, 2008, and 2009. The emir initially stalled elections citing the need to establish a general elections law. While the new law has now been passed by the Consultative Council, elections were again postponed in 2010. They are now tentatively scheduled for 2013.
• The new council will have legislative authority. Any member of the council will be able to propose legislation. Once a bill is passed by the council it will be sent to the emir for ratification. The emir may return the bill for reconsideration, but the bill will still pass if supported by a two-thirds majority. In such a case, the emir has the power to suspend enforcement of a law for “compelling circumstances.”
• If one-third of its members agree, the council may force a government minister to submit to questioning about his job performance.
• The council may hold a vote of no confidence within ten days of such a questioning. If the motion passes by a two-thirds majority, the minister is automatically dismissed from his post.
• The council must approve the draft budget and may amend it.
• The emir summons and adjourns all sessions of the council, which meets eight months of the year, starting in October. The emir may postpone a session of the council, but only for one month and only once during an annual term. Extraordinary sessions may be called by the emir or by a majority of council members.
• The emir may dissolve the council, but is obliged to call new elections within six months.
• All sittings of the council will be public unless otherwise requested by the government or by one-third of the members of the council.
• The council does not currently hold any legislative powers until an election takes place. Until then, its role is merely advisory in nature.
• The current Consultative Council is headed by the council speaker and is organized into committees. Under the new Constitution, the council will elect a speaker and a deputy speaker at the beginning of each of its four-year terms. The speaker will chair council meetings and head the council bureau, which will be composed of the speaker, his deputy, and all committee chairmen. The speaker will be empowered to cast the tie-breaking vote.

Elections for the Consultative Council have not taken place since 1970. According to the constitution, council members serve four-year terms; however, the current ministers have had their terms extended every year since the new constitution was established. Elections are now tentatively scheduled for 2013.

Judiciary

Qatar’s legal system is based on the Shari’a (Islamic Law), but is also influenced by Egyptian civil law.

The constitution provides for an independent judiciary whose organization and functioning are to be determined by law (Articles 130 and 131). However, members of the judiciary continue to be appointed by the emir, based on recommendations of the Supreme Judicial Council. In 2009, 75 percent of judges were foreign nationals holding residence permits granted by the civil authorities. All judges hold their positions at the discretion of the government.

Law No. 6 of 1999 supplanted Law No. 13 of 1971 as the statute governing the organization of the judiciary. It took effect in 2003, unifying Qatar’s previously dual judicial structure (Shari’a and civil courts) under the umbrella of the Supreme Judicial Council. The judiciary still maintains two sets of courts – Shari’a courts for personal status cases and civil courts for all other cases; however, under the new law, both sets are regulated by one body.

The 1999 law provides for three stages of judicial process: Courts of First Instance, Courts of Appeal, and the Court of Cassation (the Supreme Court).

Qatar does not have an extensive body of codified law, such that judges are often given considerable leeway in their rulings.

Judiciary Councils

• The Supreme Judicial Council (SJC) was created in 1999 to ensure judicial independence. It proposes legislation concerning the judicial system and provides advice on the appointment and dismissal of judges. It is composed of: the president of the Court of Cassation (the Supreme Court), the head of the Shari’a Court of Appeal, the head of the Appeals Court of Justice (the Civil Appeals Court), and the head of the Shari’a Court of First Instance. It also includes two senior judges from the Court of Cassation as well as from the Shari’a Court of Appeal and the Appeals Court of Justice. Click here for a list of the council’s current members.


• The council supervises judges and inspects their financial and administrative affairs. When necessary, it makes the final decision about disciplinary action against employees of the courts. The council also researches and proposes any special legislation intended to improve the judicial system.

Courts

Lower Courts

Courts of First Instance include the Courts of Justice and Shari’a Courts. The Courts of Justice hear civil, criminal, and commercial matters, while Shari’a Courts hear personal status and inheritance cases. Click here for more information.

Court of Cassation (Supreme Court)

The Court of Cassation is the court of final appeal. It has one chamber for Shari’a cases and one for civil cases. It is headed by a president and one or two deputies. Five judges preside over each case heard in the Court of Cassation, and its decisions cannot be appealed.

A technical office is included within the Court of Cassation. This office extracts and publishes legal principles gleaned from the court’s rulings so that lower courts may follow precedents set by the court.

Other Courts

• The State Security Courts: The law provides for the establishment of occasional state security courts. However, no cases have appeared before these courts since the current emir assumed power.


• Commercial Courts: Specialized commercial courts have been established to handle cases requiring specific commercial expertise. One such court handles cases of the Qatar Financial Centre (QFC). In the event of disputes, the QFC has civil and commercial courts that function as arbiters for financial disputes. The QFC also has a Regulatory Tribunal, which is an independent body tasked with deciding appeals cases from the QFC’s civil and commercial courts. Click here for more information.


• Supreme Constitutional Court: The Supreme Constitutional Court rules on the constitutionality of laws and regulations. It also decides jurisdictional disputes between lower courts.

Military

The Qatari Armed Forces consist of the Qatari Amiri Land Force (QALF), the Qatari Amiri Navy (QAN), and the Qatari Amiri Air Force (QAAF). The majority of those enlisted in the Qatari Land Force are foreign nationals.

Political Environment

Political Parties

Political parties are illegal in Qatar, as organized opposition to the government is prohibited.

Election Results

• Elections for the Central Municipal Council (CMC) were held in 2007. The CMC is currently the only elected body in Qatar’s governing structure. The council is an advisory body and does not have legislative powers. Elections for its membership are held every four years, and each of the 29 constituencies in Qatar elects one representative.


• The 2007 Qatari Municipal Elections were only the third of their kind. In the election, 135 candidates ran for seats in 29 constituencies.

• Voter turnout was estimated at 51.1 percent of eligible voters, up from 40 percent in the 2003 municipal elections. Of the 13,656 voters, 46.6 percent were women. Rural areas saw a higher voter turnout than Qatar’s cities.


• A female incumbent once again was the only woman to win a Council seat. An incumbent in the Old Airport district and the first female municipal council member in 2003, Sheikha Al-Jefairi has now won the highest percentage of votes ever taken by one candidate. In this election, she defeated two male candidates, winning 800 of the 879 votes cast.


• Some candidates dropped out of the election early to protest the lack of power given to the council once elected.


• Click here for a list of the winning candidates in the 2007 election.


• The first legislative elections are tentatively scheduled for 2013, having been postponed several times.

Civil Society and Nongovernmental Actors

• Non-governmental organizations (NGOs) have been permitted in Qatar since 2004. However, the formation of such organizations requires a permit from the Qatari government. Obtaining such a permit can be a slow process and is sometimes deliberately delayed for political reasons.


• The Qatari government prohibits the formation of independent human rights organizations. Women’s groups and human rights groups have been refused licenses in the past.


• In 2002, the emir decreed the establishment of a National Human Rights Committee composed of thirteen representatives from various ministries and five civil society representatives. The committee’s task is to act as an advisory body to the government on the promotion of human rights and to respond to individual complaints concerning human rights. It has held numerous conferences since its establishment, and in June 2009 produced a “Workers’ Rights Booklet” to raise awareness about workers’ rights to foreigners employed in Qatar. It also publishes reports on the status of human rights in the country. Click here for its 2008 report.


• The 2004 Labor Law technically allows workers to form unions, although in practice the law makes this process difficult. Unions must include at least 100 members, and foreigners may not create their own unions. Rather, they may join labor-management committees. Public-sector employees may not form unions. The only union currently allowed by the Qatari government is the General Union for the Workers of Qatar, which is composed of several committees dealing with the trade and industry sectors.


• In June 2004, Qatar hosted a gathering of more than 100 civil society activists, professors, journalists, and political party members from across the region, which produced “The Doha Declaration for Democracy and Reform.” The declaration demands that all Arab countries adopt modern, democratic constitutions; hold free fair and regular elections; place limits on executive power; guarantee freedom of association and freedom of expression; permit the full participation of women in political life; and end extra-judicial procedures, emergency laws, and torture.

Civil and Political Rights

Personal Liberties

• The new constitution contains a number of human rights provisions. The implementation of most of these will depend on existing or future laws. The process of law-making to conform to the new constitution is ongoing.


• The constitution provides for equal civil rights and responsibilities without discrimination on grounds of race, language, religion, or gender. Current laws still provide for some discrimination against women; women must have permission from their male guardians to obtain drivers’ licenses, and men may prevent female relatives from leaving the country.


• The constitution states that “all people are equal before the law.” In practice, members of the ruling family often go unsanctioned.


• The constitution guarantees freedom of assembly in accordance with the provisions of the law (Articles 44 and 45), although legislation imposes significant restrictions on this right. Law No. 18, enacted in November 2004, allows individuals to organize demonstrations and public assemblies, yet stipulates that organizers must acquire a permit, for which there are a number of restrictions and conditions. Political demonstrations are not allowed, although peaceful demonstrations against Israel’s actions in the Palestinian Territories have been permitted.


• The constitution requires all residents to observe public order and respect public customs and morals. Both citizens and non-citizens have a right to privacy and police must obtain a warrant before searching their homes or businesses, except if the authorities decide the search is national security-related or an emergency. Nosuch cases were reported in 2009.


• Freedom of worship is provided for in the constitution. In practice, religious freedom for non-Muslims has only been extended to the Christian community. Hindus and Buddhists are not allowed to practice openly.


• The constitution protects individuals from arbitrary arrest and detention and bans torture. Defendants are entitled to legal representation. Provisions are in place to provide legal counsel to indigent defendants at state expense.


• Under Law No.17 of 2002 for the Protection of Society (found here in Arabic) and Law No. 3 of 2004 for Combating Terrorism, authorities may hold detainees without charge for up to six months with the permission of the minister of the interior acting on the recommendation of the director general of public security. Such detainees may or may not receive counsel and are often held incommunicado for prolonged periods.


• Foreign workers with temporary residence status make up about 80 percent of the population and 85 percent of the workforce. They face severe disadvantages in labor contract cases and generally enjoy few of the political and civil rights afforded to Qataris. Foreign workers have the legal right to appear before the same courts as Qatari citizens, but fear of job loss and deportation prevents many workers from exercising this right.


• A new sponsorship law (Law No. 4 of 2009) was announced in March 2009 to regulate the exit, entry, and residence of expatriate workers in Qatar. The new law allows expatriate women employed in Qatar to sponsor their non-Qatari husbands and children. This stipulation will allow female expatriate workers to bring their families to Qatar without having to obtain Qatari sponsors for them.


• Like several Gulf countries, Qatar has a population of stateless Arabs, some of whom have been residents of the country for decades but have not been given citizenship. Known as the bidoon or bidun (short for the Arabic “bidoon jinsiya” or “without nationality”), these 1,200 residents are Arabs who either lack or have failed to produce documentation of their nationality. The bidoon have reported discrimination in areas such as education, medical care, employment, and mobility, as they cannot produce papers that would subsidize state services or gain them better employment.


• The Bureau of Democracy, Human Rights, and Labor of the U.S. Department of State provides a comprehensive 2009 Human Rights Report exploring personal freedoms in Qatar.

Legislation Regulating the Exercise of Rights

Political Party Laws

• Law No. 12 of May 2004 (found here in Arabic) grants Qatari citizens the right to establish associations and private societies. However, this right is severely limited in practice. Political parties are not permitted.

Electoral Law

• Law No. 12 of 1998 regulates elections for the Municipal Council.


• According to the law, voters must be original Qatari nationals, or naturalized citizens who have been citizens for at least 15 years. Suffrage is afforded to males and females 18 years and older who meet the citizenship requirement, except if they have been convicted of certain types of crimes.


• Members of the armed forces and the police are prohibited from voting.


• Voters may only cast ballots in their residential district – in other words, voters may only participate in one electoral constituency.

Law on Associations

• The constitution provides for the right to form associations (Article 45).


• Additionally, Law 12 of 2004 (which replaced Law 8 of 1998) grants citizens the right to establish private societies and professional associations. However, the government severely limits this right in practice. It imposes strict conditions on the establishment, management, and functioning of these associations, requiring them to be approved by the Ministry of Civil Service Affairs and Housing and prohibiting them from engaging in political activities.


• The new law streamlines the operating requirements for associations but forbids affiliation with groups outside Qatar and restricts membership to Qatari nationals over 18 years of age.

Media Laws

• After coming to power in 1995, the new emir introduced reforms to expand press freedoms. He dissolved the Ministry of Information and lifted official censorship of the domestic press. However, self-censorship is generally practiced when discussing internal politics or the ruling family.


• In recent years, the Qatari government has promised to amend the Press and Publications Law (Law No. 8 of 1979). Yet for some Qataris, the reform process has proceeded too slowly. Robert Menard, the director of the Doha Center for Media Freedom, threatened to resign in February 2009 if the law was not amended to increase press freedoms. In July 2010, he followed through with his threat, citing government pressure to censor his organization’s reports on the state of the Qatari press.


• Freedom of the press is guaranteed by the constitution, although libel is considered a criminal offense. While privately-owned publications and television stations are permitted in Qatar, the government often controls their broadcasting to some extent. The satellite television channel al Jazeera, which has become one of the most popular Arabic language channels since its launch in 1996, is a prime example of this influence. While al Jazeera is privately owned, the government has paid its operating costs every year since its establishment. In return, although outspoken about sensitive regional issues, the station does not generally cover Qatari politics. A similar trend occurs with other media outlets based in Qatar. For example, the country’s top five daily newspapers are independently owned, but government officials and royal family members are often members of their boards.


• Qataris may access the internet, but certain politically sensitive and pornographic sites are blocked.


• According to the 2009 Worldwide Press Freedom Index by Reporters without Borders, Qatar ranks 94 of 175 countries. The index runs from 1 (most press freedom) to 175 (least press freedom).

Labor Law

• The 2004 labor law technically allows workers to form unions, although in practice the law makes this process difficult. Labor associations must include at least 100 members, which excludes smaller industries from unionizing. Foreigners may not create their own unions. Rather, they may join labor-management committees, which include representatives of both the workers and the employer. The only worker’s union currently allowed by the Qatari government is the General Union for the Workers of Qatar, which is composed of several committees dealing with the trade and industry sectors. Unions may not engage in political or religious activities, and must not distribute materials that are insulting to the government.


• Workers may strike, provided they first obtain permission from the minister of interior affairs. Such permission is given only if the ministry decides that the union poses no threat to the Qatari state or to other individuals. Striking is prohibited in certain “vital public utility” sectors: petroleum- and gas-related industries, electricity, water, seaports, airports, hospitals, and transportation (Article 120).


• Employers must provide health care for their employees under the 2004 law, although this stipulation is often neglected and has not been widely enforced.


• Under the new law, women and men are required to be paid equal salaries for equivalent work, but this rule is often violated in practice. Article 94 of the new law bars women from working in professions that may be detrimental to their health or morals, and Article 95 tasks the minister of labor with establishing appropriate work hours for women. The law also maintains the ban on women in the diplomatic service. In practice, female employees are almost entirely concentrated in the education and health care sectors.


• A 2006 amendment to the labor law (Decree No. 74 of 2006) outlaws all forms of compulsory labor, yet Qatar continues to be a destination for human trafficking and forced labor. Many of the victims of these crimes are female domestic workers from Asia. A substantial percentage are either illiterate or unaware of their rights under the labor law.

Sponsorship Law

• A new sponsorship law (Law No. 4 of 2009) was announced in March 2009 to regulate the exit, entry, and residence of expatriate workers in Qatar. Foreign workers are still required to have Qatari sponsors. The new law reaffirms that sponsors are prohibited from confiscating the passports or employment documents of their workers, yet this provision has been in place for some time and is still circumvented by many Qatari employers.


• The new law also allows expatriate women employed in Qatar to sponsor their non-Qatari husbands and children. This stipulation will allow female expatriate workers to bring their families to Qatar without having to obtain Qatari sponsors for them. This clause also applies to Qatari women who have married foreign nationals and wish to remain in Qatar with their families.


• The new law also states that workers whose sponsors refuse to grant them exit permits may obtain a clearance certificate from a competent court and may subsequently leave without an exit visa. Additionally, sponsors are now legally bound to pay for a foreigner’s last rites if he dies while in Qatar.


• In addition to its more positive provisions, the new law also increases jail terms and fines for foreigners who violate visa or residency rules. Click here for more information.

Recent Government Initiatives Affecting Rights

• Qatar’s first church, opened in March 2008. The Catholic Church of Our Lady of the Rosary is the first of six churches expected to be built in Qatar over the next few years. Until recently, the substantial Christian population – which is mainly South Asian and Filipino – has had to worship secretly in homes and schools. The opening of the first church was handled quietly so as not to draw attention from those Qataris who would criticize the government for allowing its establishment.


• A new nationality law was drafted in 2005 (found here in Arabic) and allows non-citizen residents to apply for citizenship after living in the country for twenty-five consecutive years. Only 50 of these citizenship requests may be granted per year. It also allows men and women to apply for citizenship for their spouses and children.


• In March 2010, Qatar appointed its first female judge. Sheikha Maha Mansour Salman Jassem Al-Thani is a member of the Qatari ruling family and had previously been a law clerk. She took her oath before the Supreme Judicial Council.


• In 2007, the Ministry of Foreign Affairs hosted the Conference on Democracy and Reform in Doha. Three hundred activists gathered to discuss the need to expand freedom of speech and freedom of the press in the Arab world. The conference initiated the establishment of the Arab Foundation for Democracy, which aims to monitor progress on reform in the region. Emir Hamad donated $10 million to the new organization.


• Controversially, Qatar was elected to a three-year term on the UN Human Rights Council in 2007.

Ratification of International Conventions

• The International Covenant on Civil and Political Rights (CCPR): Not Ratified.
• The International Covenant on Economic, Social and Cultural Rights (CESCR): Not Ratified.
• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) on January 11, 2000 with reservations for provisions that do not accord with Islamic Law. Click here for objections to Qatar’s reservation submitted by several countries.
• The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) on July 22, 1976.
• The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on April 29, 2009 with several reservations listed here. Click here for objections to Qatar’s reservations submitted by several countries.
• The Convention on the Rights of the Child (CRC) signed on December 8, 1992 and ratified on April 3, 1995.