Introduction
The Constitution
The Constitutional Authorities
Introduction: The constitutional
development in Qatar graduated from one phase to
another, keeping pace with the development of the
country and it's economic growth. The first provisional
constitution was issued in 1970 before independence and
it was amended in 1972 after independence, in order to
cope with the requirements and responsibilities of the
new phase.
Since that time the objectives and
features of the state policy and its Gulf, Arab and
Islamic affiliations were determined. The State's
authorities and apparatus acquired their experience from
actually practicing these authorities in the internal
and external domains.
Amendments were made on
some provisions of the provisional basic statute in
regard to the executive authority and hereditary rule so
as to conclude the constitutional arrangements in the
country. The judiciary act and other basic laws, which
were enacted to regulate civil and commercial
interactions, were other steps on the way to build up
the government apparatus and lay down the foundation for
the rule of institutions and the law. To reach that
goal, an Emiri Decree was issued in July 1999 to form a
high level committee to draft a new, permanent
constitution for the country, one of the main provisions
of which would be to cope with the achievements of the
State of Qatar and to meet the aspirations and hopes of
the 21st century.
At the end of June 1999, the
Prime Minister Sheikh Abdullah Bin Khalifa Al-Thani
issued a decision to form a ministerial committee
mandated to study the planning of future economic and
industrial development in the country in the light of
current global trends. In December 1999 H.H. the Emir
Sheikh Hamad Bin Khalifa Al-Thani issued an Emiri Decree
to form the "High Committee for Coordination and Follow
Up", chaired by H.H. the Heir Apparent Sheikh Jassim Bin
Hamad Al-Thani. The Committee is mandated to study the
projects proposed by the ministries of public utilities
and services sector and work to explore the means to
improve coordination among these ministries with a view
to enhance cooperation and optimize the implementation
of projects.
In 1999, free elections were held
to form the Central Municipal Council for the first time
in the history of Qatar. The historic event marked the
country's first step towards democracy in its civic
sense. In a pioneering move, women were allowed both to
vote and run as candidates in this initial step towards
popular participation in decision making in the
country.
Go to top
The Constitution Qatar's constitution
has passed through transitional stages starting in 1970
when the first provisional system of governance was
enacted. This system was revised in 1972 after the
national independence and amended to address the
requirements and responsibilities of the new stage.
Thereafter, the features and objectives of the State's
policies and affiliations were defined at the regional,
Arabic and Islamic levels. The government and its organs
drew much benefit from the actual performance of
authority at the domestic and international levels.
The legislative amendments tackled some articles
of the basic modified provisional system pertaining to the executive
authority and the articles pertaining to the inheritance of the Emir's
post as an integral part of the constitutional situation in the country.
In the same manner, the issuance of the judicial authority law and other
basic laws that regulate civil and commercial transactions were
complementary steps towards the establishment of the State's organs and
laying down the foundations of the State of law and institutional
governance
The Drafting
Committee of the Permanent Constitution On the
13th of July, 1999, Qatar transferred into a new era of
its modern history when HH the Emir Sheikh Hamad Bin
Khalifa Al-Thani issued decree no (11) in 1999
stipulating the formation of a drafting committee of the
permanent constitution in a historic speech he delivered
on this occasion. In his speech, HH the Emir maintained
that the Constitution is the basic document that
contains the substantial principles relative to the
country's sovereignty in different domains, regulates
its authorities and its ruling system and defines public
rights and duties. HH stressed the importance of
expanding the base of communal participation in
governance vis-a-vis the election of a parliament. He
also defined the basic features of Qatar's prospective
permanent constitution as being based on affiliation to
the Gulf region and the Arabic and Islamic worlds and
observing the Arabic profound traditions and sublime
teachings of Islam. A constitutional committee was
formed, namely, The Drafting Committee of the Permanent
Constitution, headed by a chairman and a deputy chairman
with the membership of thirty other members. The Emiri
decree stipulated the committee should draft a permanent
constitution for the country in a time span of no more
than three years effective from the date of the issuance
of the decree. The Committee was instructed to prepare a
report every six months to brief HH the Emir of the
output of its work . At the end of its mission, the
committee should submit the manuscript accompanied by
its recommendations to HH the Emir. On the second of
July, 2002, HH the Emir received the manuscript of the
permanent constitution enterprise which lays the basic
foundations of the society, regulates the State's
authorities, embodies the public participation in
governance and ensures the rights and freedom of Qatari
citizens. The Constitution consists of five chapters and
150 articles. It stipulates the establishment of a
parliament to be called "The Advisory Council" of which
two-thirds of its members are elected vis-a-vis free
direct elections whereas the remaining members shall be
appointed by the Emir. The Advisory Council shall be
entrusted with the legislative authority, the
endorsement of the public budget and accountability of
the ministers and the executive authority.
Referendum on the Constitution On
the 29th of April 2003, the Qataris were set to transfer
into a new era where they soar high in the horizons of
freedom, after thirty years of living under the umbrella
of the Amended Provisional Constitution which had fallen
short of being convenient to the requirements of
contemporary life. This new era is marked with setting
up a permanent constitution that upholds personal
liberty, safeguards the principle of equal opportunities
for all citizens, protects private proprietorship, deems
all people equal in rights and duties and prohibits the
expulsion of any citizen from the country or preventing
him from returning to it. Furthermore, the Constitution
creates a free atmosphere whereby all types of
expression are allowed and enhances the freedom of press
and publication. It likewise enshrines the freedom of
religion, worship and conviction for all people and
makes the Qatari population the source of powers and
legislations to be exercised through an elected
legislative council. The 29th of April, 2003 was the
date set for a public referendum whereby citizens have
their say on this Constitution freely; thus,
transferring Qatar from the zone of totalitarian states
to the world of democratic countries and from the cycle
of closed countries to the world of liberties and
cultural openness to the world. The result of the
referendum in which the percentage of popular turnout
was high showed a general consent to the Constitution
mounting to 96.6%, equal to 68987 voters as opposed to
2145 who cast a negative vote. The invalid votes counted
as 274. The heavy turnout to the ballot boxes
evidently reflects the extent of the Qatari people's
response to the call dispatched by HH the Emir Sheikh
Hamad Bin Khalifa Al-Thani in a speech he delivered to
his nation and urged them to cast their votes in the
referendum and have their say on the Constitution.
The Ministry of Interior and the Public Committee of
the referendum formed one hundred committees to oversee
the referendum on the permanent Constitution and define
the centers where the referendum would take place. These
committees were distributed among work places at the
ministries, establishments and residential areas among
which is the 29th electoral districts where municipal
elections to elect the first and second central
municipal council took place. In addition, a number of
mobile committees were set up to cover certain schools,
work places in the State, commercial malls, clubs, Doha
International Airport, Abu Samra Center, hospitals and
other health centers of the Ministry of Public Health.
The requisite terms and conditions that qualify
citizens to cast their votes on the draft constitution
were defined as being a citizen holding a natural Qatari
nationality and at least eighteen years old by the 29th
of April.
On 8th June 2004 H.H. Sheikh Hamad bin
Khalifa Al-Thani, the Emir of the State of Qatar, issued
a statement on the occasion of the ratification of the
Permanent Constitution of the State of Qatar. The
statement stated the following: We, Hamad bin Khalifa
Al-Thani, the Emir of the State of Qatar, have decreed
the following:
In implementation of our
objectives to complete the premises of democratic rule
in our beloved homeland through ratification of a
permanent constitution for the country that consolidates
the basic foundations of society, reflects people's
participation in decision-making and guarantees the
rights and freedoms of citizens, and recognizing our
Arab and Islamic affiliation of which we are proud, and
having been familiarized with the results of the
Referendum on the Permanent Constitution of the State of
Qatar on 9th April 2003 and the approval by the
overwhelming majority of citizens of this constitution,
and having read Article 141 of the Permanent
Constitution, we have issued this Constitution, which
shall be published in the Official Gazette a year after
it is issued, during which constitutional institutions
shall be completed and necessary measures thereto shall
be undertaken .
Permanent
Constitution of the State of Qatar
PART ONE The State and
the Bases of the Rule
Article 1 Qatar is an independent
sovereign Arab State. Its religion is Islam and Shari'a
law shall be a main source of its legislations. Its
political system is democratic. The Arabic Language
shall be its official language. The people of Qatar are
a part of the Arab nation.
Article
2 The capital of the State is Doha City; and
it may be transferred to any other place by a law. The
State shall exercise its sovereignty on its territory
and it may not relinquish its sovereignty neither may it
cede any part of its territory.
Article 3 The law shall specify the
flag of the State, the emblem, decorations, badges, and
the National Anthem.
Article
4 The law shall determine the financial and
banking system of the State, and specify its official
currency.
Article 5 The
State shall preserve its independence, sovereignty,
territorial safety and integrity, security and
stability, and defend itself against
aggression.
Article 6
The State shall respect the international charters
and conventions, and strive to implement all
international agreements, charters, and conventions it
is party thereof.
Article 7
The foreign policy of the State is based on the
principle of strengthening international peace and
security by means of encouraging peaceful resolution of
international disputes; and shall support the right of
peoples to self-determination; and shall not interfere
in the domestic affairs of states; and shall cooperate
with peace-loving nations.
Article
8 The rule of the State is hereditary in the
family of Al Thani and in the line of the male
descendants of Hamad Bin Khalifa Bin Hamad Bin Abdullah
Bin Jassim. The rule shall be inherited by the son named
as Heir Apparent by the Emir. In the case that there is
no such son, the prerogatives of rule shall pass to the
member of the family named by the Emir as Heir Apparent.
In this case, his male descendants shall inherit the
rule. The provisions of the rule of the State and
accession shall be determined by a special law that
shall be issued within a year commencing as from the
date of coming into force of this Constitution. This law
shall have the power of the Constitution.
Article 9 The Emir shall, by an
Emiri Order, appoint an Heir Apparent after consultation
with the members of the Ruling Family and the people of
wisdom (Ahal Alhal wal agd) in the State. The Heir
Apparent must be a Muslim of a Qatari Muslim
Mother.
Article 10 The
Heir Apparent, on his appointment, shall take the
following of oath: ( I swear by Almighty God to
respect Sharia law, the Constitution and the law,
maintain the independence of the State and safeguard its
territorial integrity, defend the freedom and interests
of its people, and be loyal to the State and the
Emir).
Article 11 The
Heir Apparent shall assume the powers and discharge the
functions of the Emir on his behalf during his absence
outside the country, or in the event of temporary
compelling circumstances).
Article
12 The Emir may, by an Emiri Order, confer
upon the Heir Apparent the exercise of some of his
powers and the discharge of some of his functions. The
Heir Apparent shall preside over the sessions of the
Council of Ministers whenever he is in
attendance.
Article 13
Without prejudice to the provisions of the two
preceding articles, and where it is not possible to
delegate powers to the Heir Apparent, the Emir may, by
an Emiri Order, designate a deputy from the Ruling
Family to discharge some of his powers and functions;
and where the person who has been so designated holds a
post or performs a function in any institution, the same
person shall cease to discharge the duties of that post
or function during his deputation of the Emir; and the
Deputy Emir shall, as soon as he is so designated, take,
before the Emir, the same oath as taken by the Heir
Apparent.
Article 14
There shall be established a Council by an Emiri
Resolution named "The Council of the Ruling Family". The
Emir shall appoint the Members of such Council from
amongst the members of the Ruling Family.
Article 15 The Council of the Ruling
Family shall determine the vacancy of the position of
the Emir in the event of his demise or when he becomes
totally incapacitated to discharge his functions.
Following this, the Council of Ministers and Al-Shoura
Council shall after a secret joint session announce the
vacancy and declare the Heir Apparent as the Emir of the
State.
Article 16 Where
the Heir Apparent, at the time he is named Emir of the
State, is less than 18 years of age according to the
Gregorian calendar, the reins of Government shall be
conferred upon a Regency Council to be appointed by the
Council of the Ruling Family. The Regency Council shall
be composed of a Chairman and not less than three or
more than five Members; and the Chairman and the
majority of Members shall be from amongst the Ruling
Family.
Article 17 The
financial emoluments of the Emir as well as the funds
allocated for gifts and assistance shall be determined
by a resolution issued annually by the
Emir.
PART TWO The Guiding Principles of the
Society
Article
18 The Qatari society is based on the values
of justice, benevolence, freedom, equality, and high
morals.
Article 19 The
State shall maintain the pillars of the society and
ensure security, stability, and equal opportunities for
all citizens.
Article
20 The State shall strive to strengthen the
spirit of national unity, cooperation, and fraternity
among all citizens.
Article
21 The family is the basis of the society. A
Qatari family is founded on religion, ethics, and
patriotism. The law shall regulate adequate means to
protect the family, support its structure, strengthen
its ties, and protect maternity, childhood, and old
age.
Article 22 The
State shall provide care for the young, and protect the
same from corruption, exploitation, evils of physical,
mental and spiritual neglect. The State shall also
create conducive circumstances for developing their
capabilities in all fields based on sound
education.
Article
23 The State shall foster public health;
provide means of prevention from diseases and epidemics
and their cure in accordance with the law.
Article 24 The State shall foster,
preserve and help disseminate sciences, arts, cultural
and national heritage, and encourage scientific
research.
Article
25 Education is one of the basic pillars of
social progress. The state shall ensure, foster, and
endeavor to spread it.
Article
26 Ownership, capital and labour constitute
the foundation of the social structure of the State; and
the same are individual rights with a social function
and which shall be regulated by the law.
Article 27 Private property is
inviolable; and no one shall be deprived of his property
save by reason of public benefit and in the cases
prescribed by the law and in the manner stated therein
provided that the person concerned is fairly
compensated.
Article
28 The State shall guarantee freedom of
economic enterprise on the basis of social justice and
balanced cooperation between private and public activity
in order to achieve socio-economic development, increase
in production, achieve public welfare, raise standard of
living, and provide job opportunities in accordance with
the provisions of the law.
Article
29 Natural wealth and its resources are the
property of the State; and the State shall preserve and
exploit the same in the best manner in accordance with
the provisions of the law.
Article
30 The employee- employer relationship shall
be based on the ideals of social justice and shall be
regulated by law.
Article
31 The State shall encourage investment and
shall provide the necessary guarantees and facilities
for it.
Article 32 The
law shall regulate State loans.
Article 33 The State shall preserve
the environment and its natural balance in order to
achieve comprehensive and sustainable development for
all generations.
PART
THREE Public Rights and
Duties
Article
34 The Citizens of Qatar shall be equal in
public rights and duties.
Article 35 All persons are equal
before the law and there shall be no discrimination
whatsoever on grounds of sex, race, language, or
religion.
Article
36 Personal freedom shall be guaranteed and no
person may be arrested, detained, searched, neither may
his freedom of residence and mobility be restricted save
under the provisions of the law; and no person may be
subjected to torture, or any degrading treatment; and
torture shall be considered a crime punishable by
law.
Article
37 The sanctity of human privacy shall be
inviolable, and therefore interference into privacy of a
person, family affairs, home of residence,
correspondence, or any other act of interference that
may demean or defame a person may not be allowed save as
limited by the provisions of the law stipulated therein.
Article 38 No
citizen shall be banished neither shall he be denied
re-entry to his country.
Article 39 An accused person is
presumed innocent until his conviction is proved before
a count of law wherein the necessary guarantees of the
right of self-defense are secured.
Article 40 No crime and no punishment
save as prescribed by the law and no penalty save on the
acts committed subsequent to the enforcement of that
law; and punishment is personal. The provisions of the
laws shall have no effect save on the acts committed
from the date of the enforcement of the said laws. These
provisions shall have no effect on the acts which
occurred prior to the enforcement of the said laws;
however, it may be stipulated otherwise by a majority of
two- thirds of Al-Shoura Council in case of non-criminal
provisions.
Article
41 The Qatari nationality and the rules
governing it shall be prescribed by law, and the same
shall have the similar power as that of the
constitution.
Article
42 The State shall ensure the right of
citizens to elect and be elected in accordance with the
law.
Article
43 Taxes shall be founded on social justice
and henceforth may not be levied save by a
law.
Article
44 The right of the citizens to assemble is
guaranteed in accordance with the provisions of the
law.
Article
45 The right of citizens to establish
association is guaranteed in accordance with the
conditions and circumstances set forth in the
law.
Article
46 Individuals have the right to address
public authorities.
Article
47 Freedom of expression of opinion and
scientific research is guaranteed in accordance with the
conditions and circumstances set forth in the
law.
Article
48 Freedom of press, printing and publication
shall be guaranteed in accordance with
law.
Article
49 All citizens have the right to education;
and the State shall endeavor to make general education
compulsory and free of charge in accordance with the
applicable laws and regulations of the
State.
Article
50 Freedom to practice religious rites shall
be guaranteed to all persons in accordance with the law
and the requirements of the maintenance of public order
and morality.
Article
51 The right of inheritance shall be
maintained and governed by Shari'a
law.
Article
52 Every person who is a legal resident of the
State shall enjoy protection to his person and property
in accordance with the provisions of the
law.
Article
53 Defending the country is a duty of every
citizen.
Article
54 The public post is a national service; and
a public employee shall make public interest his only
objective when performing the duties of his
post.
Article
55 Public funds are inviolable and its
protection is a duty of everyone in accordance with the
law.
Article
56 General confiscation of property is
prohibited. The penalty of confiscation of private
property shall only be imposed by a court judgment and
in cases specified by the law.
Article 57 The respect of the
Constitution, compliance with the laws issued by Public
Authority, abiding by public order and morality,
observing national traditions and established customs is
a duty of all who reside in the State of Qatar or enter
its territory.
Article
58 Extradition of political refugees is
prohibited; and the law shall determine conditions of
granting political asylum.
PART
FOUR Organization of Powers
Chapter One: General
Provisions
Article
59 The people are the source of power, and
they shall exercise the same in accordance with the
provisions of this Constitution.
Article 60 The system of Government
is based on the separation of powers and shall be
exercised in collaboration with the manner specified in
this Constitution.
Article
61 The Legislative Authority shall be vested
in Al-Shoura Council as prescribed in this
Constitution.
Article
62 The Executive Authority shall be vested in
the Emir and he shall be assisted by the Council of
Ministers as specified in this
Constitution.
Article
63 The Judicial Authority shall be vested in
courts of law as prescribed in this Constitution; and
court judgments shall be pronounced in the name of the
Emir.
Chapter Two:The
Emir
Article
64 The Emir is the head of State. His person
shall be inviolable and he must be respected by
all.
Article
65 The Emir is the Commander-in- Chief of the
armed forces. He shall supervise the same with the
assistance of Defence Council under his direct
authority. The said Council shall be constituted by an
Emiri Resolution, which will also determine the
functions thereof.
Article
66 The Emir shall represent the State
internally and externally and in all international
relations.
Article
67 The Emir shall discharge
the following functions: 1. Drawing up the
general policy of the State with the assistance of the
Council of Ministers; 2. Ratification and
promulgation of laws; and no such law may be issued
unless it is ratified by the Emir; 3. Summoning the
Council of Ministers to convene at any time deemed
necessary for public interest; and the Emir shall
preside over the meetings of the Council of Ministers
that he attends; 4. Appointment of civil servants and
military personnel and terminating their service in
accordance with the law; 5. Accrediting diplomatic
and consular missions; 6. Granting pardon or
commuting penalty in accordance with the law; 7.
Conferring civilian and military orders and badges of
honour in accordance with the law; 8. Establishment
and organization of ministries and other Government
bodies and specifying their functions; 9.
Establishment and organization of such consultative
bodies to assist him in directing, supervising, and
specifying the functions of the high policies of the
State; 10. Any other functions vested upon him by
this Constitution or the law.
Article 68 The Emir shall conclude
treaties and agreements by a decree and refer them to
Al-Shoura Council accompanied with appropriate
explanatory notes. The treaty or agreement shall have
the power of law after ratification and publication in
the official Gazette; however, reconciliation treaties
and treaties pertaining to the territory of the State or
those relating to the right of sovereignty or public or
private rights of the citizens, or those that involve an
amendment of the laws of the State shall come into force
when the same are issued as a law. Under no case may a
treaty include secret conditions contradicting its
publicized conditions.
Article 69 The Emir may, be a decree,
declare Martial Laws in the country in the event of
exceptional cases specified by the law; and in such
cases, he may take all urgent necessary measures to
counter any threat that undermine the safety of the
State, the integrity of its territories or the security
of its people and interests or obstruct the organs of
the State from performing their duties. However, the
decree must specify the nature of such exceptional cases
for which the martial laws have been declared and
clarify the measures taken to address this situation.
Al-Shoura Council shall be notified of this decree
within the fifteen days following its issue; and in the
event that the Council is not in session for any reason
whatsoever, the Council shall be notified of the decree
at its first convening. Martial laws shall be declared
for a limited period and the same shall not be extended
unless approved by Al-Shoura
Council.
Article
70 The Emir may, in the event of exceptional
cases that require measures of utmost urgency which
necessitate the issue of special laws and in case that
Al-Shoura Council is not in session, issue pertinent
decrees that have the power of law. Such decree-laws
shall be submitted to Al-Shoura Council at its first
meeting; and the Council may within a maximum period of
forty days from the date of submission and with a
two-thirds majority of its Members reject any of these
decree-laws or request amendment thereof to be effected
within a specified period of time; such decree-laws
shall cease to have the power of law from the date of
their rejection by the Council or where the period for
effecting the amendments have
expired.
Article
71 Defensive war shall be declared by an Emiri
decree and aggressive war is
prohibited.
Article
72 The Emir shall appoint the Prime Minister,
accept his resignation and remove him from office by an
Emiri order; and the resignation of the Prime Minister
or his removal from office shall entail all Ministers.
In the event of acceptance or resignation or removal
from the office, the same Council shall continue to run
urgent matters until such time the new Council is
appointed.
Article
73 The Emir shall appoint Ministers by an
Emiri Order upon nomination by the Prime Minister; and
he shall accept resignations of Ministers and relieve
them from office in a like manner. Where a resignation
of a minister has been accepted, the Minister may be
entrusted with running urgent matters until his
successor is appointed.
Article 74 The Emir shall take the
following oath prior to the discharge of his functions
in a special session convened by Al-Shoura
Council: The Emir shall take the following oath prior
to the discharge of his functions in a special session
convened by Al-Shoura Council: (I swear by Almighty
God to respect Sharia law, the Constitution and the law,
protect the independence of the State, safeguard its
territorial integrity, and defend the freedom and
interests of its people).
Article
75 The Emir shall seek public opinion on
important issues pertaining to the interests of the
State in a referendum. The subject of such referendum
shall be deemed acceptable if acknowledged by the
majority of voters; and the results of the referendum
shall be binding and effective from the date of its
announcement. The results shall be published in the
official Gazette.
Chapter Three:
The Legislative Authority
Article 76 Al-Shoura Council shall
assume the legislative authority, approve the general
policy of the Government, the budget, and it shall
exercise control over the executive authority as
specified in this Constitution.
Article 77 Al-Shoura Council shall
consist of forty-five Members thirty of whom shall be
elected by direct, general secret ballot; and the Emir
shall appoint the remaining fifteen Members from amongst
the Ministers or any other persons. The term of service
of the appointed Members in Al-Shoura Council shall
expire when these Members resign their seats or are
relieved from their posts.
Article
78 The system of election shall be determined
by law in which the conditions and procedure of
nomination and election are specified.
Article 79 The electoral
constituencies into which the State is divided and the
districts thereof shall be determined by a
decree.
Article 80 The
member of Al-Shoura council should fulfill the following
conditions: 1. To be a holder of an original Qatari
nationality; 2. His age shall not be less than thirty
calendar years at the closing date of nomination; 3.
To be good in reading and writing Arabic; 4. Not to
have been convicted by a competent court of law for an
offense involving moral turpitude or dishonesty unless
rehabilitated in accordance with the law; and 5.
Eligible to vote as determined in the elections
law.
Article 81 The term
of Al-Shoura Council shall be four calendar years
commencing from the date of the first meeting; and the
elections of the new Council shall be conducted during
the last ninety days of the aforementioned term. The
Member whose term of service expires may be re-elected;
and where the elections are not held at the expiry of
the term of the Council or delayed for any reason
whatsoever, the term of the Council shall remain intact
until a new Council is elected. The legislative term
shall not be extended save for necessity and by decree
provided that the said extension shall not exceed the
period of one legislative term.
Article 82 The law shall determine
the competent Judicial Authority that shall decide on
the validity of the Members' election of Al-Shoura
Council.
Article
83 Where for any reason a seat of one of the
elected Members of Al-Shoura Council falls vacant at
least six months before the term of the Council expires,
a successor shall be elected within two months from the
date of notification of such vacancy. Where, on the
other hand, a seat of an appointed Member falls vacant,
a new Member shall be appointed to fill the vacancy. In
both cases, the new Member shall complete the term of
his predecessor.
Article
84 The annual term of session of the Council
shall at least be eight months and the Council may not
be allowed to adjourn the session until the budget of
the State is approved.
Article
85 Al-Shoura Council shall commence its annual
ordinary session upon convocation by the Emir within the
month of October every year.
Article 86 Notwithstanding the
preceding two articles, the Emir shall call the Council
for the first meeting following the general elections of
the Council within one month of the end of election.
Where the convening of the Council is delayed during
this term from the date prescribed by the preceding
article, then the duration of the term of the Council
shall be reduced by the time difference between the two
fore-mentioned dates.
Article
87 The Emir or his nominated representative
shall open the annual term of the session of Al-Shoura
Council and give a comprehensive speech in which he
addresses the affairs of the State.
Article 88 In the case of necessity,
the Emir shall, by a decree, or upon a request by a
majority of the Members of the Council call Al-Shoura
Council to an extraordinary meeting. In case of an
extraordinary session, the Council shall not look into
matters other than those for which the Council is
convoked.
Article
89 Summoning and adjourning the ordinary and
extraordinary sessions of the Council shall be by
decree.
Article 90 The
Emir may by a decree postpone the meeting of Al-Shoura
Council for a period of time not exceeding one month;
and the postponement of the meeting of Al-Shoura Council
shall not be repeated during one term save by the
approval of the Council and for one period and such
period shall not be considered as part of the term of
the session.
Article
91 The Council shall hold its meetings in its
seat in Doha City; however, the Emir may call the
Council to convene in any other place.
Article 92 Prior to the discharge of
their duties before Al-Shoura Council and in an open
session, the Members shall take the following
oath: (I swear by the Almighty God to be loyal to the
country and to the Emir, respect Sharia law, the
Constitution and the law, and safeguard the interests of
the people and perform my duties with honesty and
integrity).
Article
93 The Council shall in its first convening
and for the duration of its term of session elect a
Speaker and Deputy Speaker from amongst the Members. In
the event of vacancy of office of either of them, the
Council shall elect to replace either of them for the
rest of the duration of the term of Council. The
election shall be by secret ballot and by absolute
majority of the votes of attending Members; and should
such majority not be attained on the first vote, a
second vote shall be taken between the two Members who
obtained the highest number of votes of attending
Members. Where there is a tie between the second of the
two who obtained the most votes and another candidate,
this other candidate shall run for the second voting and
in such case the election shall be determined by
relative majority. In the event that more than one
candidate obtains equal votes, a lot is cast.The session
shall be chaired by the most senior Member until the
Speaker is elected.
Article
94 The Council shall set up from amongst its
Members, within two weeks from the commencement of its
annual term of session, committees as may be necessary
for the performance of its functions. Such committees
may discharge their functions during the recess of the
Council in preparation for submission of the outcomes of
their work to the Council at the beginning of the
following term of session.
Article
95 The Council shall have a bureau consisting
of the Speaker, his deputy and chairs of committees, and
it shall have a general secretariat to assist the
Council in the discharge of its functions.
Article 96 Maintaining order in the
Council shall be the function of the
Speaker.
Article
97 Al-Shoura Council shall make its internal
regulations comprising its internal order and the
conduct of its business, the work of committees,
organization of sessions, rules of proceedings, voting
and all functions stipulated in this Constitution. The
regulations shall determine the disciplinary penalties
for the Members' violation of order or failure to attend
sessions of the Council or committees without acceptable
reason; and the aforementioned regulations shall be
issued by law.
Article
98 Sittings of the Council shall be public,
and they may also be held in camera upon a request of
one third of the Members of the Council or upon a
request from the Council of Ministers.
Article 99 For the sessions of the
Council to be quorum, the majority of the Members must
be present provided that the Speaker or his Deputy is
present. In the event that quorum is not attained, the
session shall be adjourned to the next
sitting.
Article 100 The
resolutions of the Council shall be passed by absolute
majority of the attending Members save in cases that
require special majority; and in case the votes are
equal, the Speaker shall have casting vote.
Article 101 The membership of the
Council expires by reason of: 1. Death or total
disability; 2. Expiration of term of
membership; 3. Resignation; 4. Removal from
office; 5. Dissolution of the Council.
Article 102 The resignation of a
Member shall be made in writing to the Speaker. The
Speaker shall submit the resignation to the Council to
decide its acceptance or refusal. The internal
regulations shall specify the rules pertaining to this
matter.
Article 103 No
member may be removed from the Council unless he loses
confidence and esteem, or becomes disqualified for
lacking one of conditions of the membership on the basis
of which he was elected, or is in breach of the duties
of membership. The resolution of removal from the
Council shall be taken by a two-thirds majority of the
Members of the Council.
Article
104 The Emir may dissolve the Council by a
decree in which the reasons for the dissolution shall be
stated; however, the Council shall not be dissolved
twice for the same reasons. Where the Council is
dissolved, the elections of the new Council shall take
place within a period not exceeding six months as of the
date of dissolution. Until a new Council is elected,
the Emir with the assistance of the Council of Ministers
shall assume the power of legislation.
Article 105 1. Every Member of the
Council shall have the right to propose bills; and every
proposal shall be referred to the relevant committee in
the Council for study, making recommendation and
submission to the Council. If the Council accepts the
proposal, the same shall be referred in draft form to
the Government for study and opinion. Such a draft shall
be returned to the Council during the same or the
following term of session. 2. Any bill rejected by
the Council may not be re-introduced during the same
term of session.
Article
106 1. Any draft law passed by the Council
shall be referred to the Emir for ratification. 2. If
the Emir, declines to approve the draft law, he shall
return it a long with the reasons for such declination
to the Council within a period of three months from the
date of referral. 3. In the event that a draft law is
returned to the Council within the period specified in
the preceding paragraph and the Council passes the same
once more with a two-thirds majority of all its Members,
the Emir shall ratify and promulgate it. The Emir may in
compelling circumstances order the suspension of this
law for the period that he deems necessary to serve the
higher interests of the country. If, however, the draft
law is not passed by a two-thirds majority, it shall not
be reconsidered within the same term of
session.
Article 107 The
general draft budget shall be submitted to Al-Shoura
Council at least two months from the commencement of the
fiscal year and it shall not be in force unless the
Council approves it. Al-Shoura Council may with the
approval of the Government make amendments to the draft
budget; and in case that the draft budget is not passed
before the start of fiscal year, the previous budget
continues to be effective until the new budget is
passed. The law shall define the method of preparing
the budget is prepared and specify the fiscal
year.
Article
108 Al-Shoura Council shall have the right to
express to the Government its interest in public
matters. If the Government is unable to comply with such
interest, it must give to the Council the reasons for
that. The Council may comment but once on the statement
of the Government.
Article
109 Every Member of Al-Shoura Council may
address a point of clarification to the Prime Minister
and to any of the Ministers pertaining to matters within
their jurisdiction; and only the person who raised the
question has the right to comment but once on the
response.
Article
110 Every Member of Al-Shoura Council may
address an interpellation to Ministers on matters within
their jurisdiction. An interpellation may not be made
unless it is agreed on by one third of the Members of
the Council. Such interpellation may not be discussed
before a period of at least ten days from the date of
submission save in urgent circumstances and provided the
Minister agrees to reduce such period.
Article 111 Every Minister is
responsible before Al-Shoura Council for the performance
of his ministry; and the Minister may not be subjected
to a vote of confidence save after an interpellation
addressed to him. The vote of confidence shall be
discussed if the Minister so desires or upon a request
signed by fifteen Members. The Council may not take a
resolution in this respect before at least ten days from
the date of the submission of the request or expression
of desire; and the vote of no confidence on the Minister
shall be a majority of two thirds of the Members of the
council. The minister shall be considered to have
relinquished his office as of the date of the no
confidence resolution.
Article
112 The Minister of the Council shall in no
circumstances be accountable for opinions or statements
he makes in respect of matters within the jurisdiction
of the Council.
Article
113 1. Save when a Member of Al-Shoura Council
is found flagrante delicto, he shall not be arrested,
detained, searched or subject to investigation without
prior permission from the Council. Where the Council has
not issued a resolution on the request for permission
within a period of one month from the date of receipt of
the said request, this shall be virtually considered a
permission. The permission shall be issued by the
Speaker of the Council when the latter is not in
session. 2. In case of flagrante delicto, the Council
must be notified of the measures taken against the
offending Member; and where the Council is not in
session, such notification should be made at the first
subsequent session.
Article
114 Combination of membership of the Council
and the assumption of public posts shall not be
permissible save in cases where combination is
permissible in accordance with the
Constitution.
Article
115 The Members of Al-Shoura Council shall aim
in their conduct to serve the interests of the country
and shall not, in any way, use their official positions
for their own interests, nor for the interests of their
own acquaintances. The law shall determine the acts that
are restricted for the Member of Al-Shoura
Council.
Article 116 The
Speaker of the Council, his Deputy and the Members shall
be granted a remuneration to be determined by law. Such
remuneration shall be due as of the date of taking oath
before the Council.
Chapter Four:
The Executive Authority
Article 117 No one shall assume a
Ministerial Post save a person of an original Qatari
nationality.
Article
118 The formation of the Council of Ministers
shall be by an Emiri Order on a proposal by the Prime
Minister. The Emir may entrust the Prime Minister or any
other Minister with the functions of one or more
ministries; and the law shall specify the powers of
Ministers.
Article
119 Prior to assuming office, the Prime
Minister and the Ministers shall take before the Emir
the following oath: ( I swear by Almighty God to be
loyal to the country and to the Emir , respect Shari'a
Law, the Constitution and the law, fully safeguard the
interests of the people, perform my duties faithfully,
conscientiously, and with honour, and fully safeguard
the territorial integrity and safety of the
State).
Article 120 The
Council Of Ministers shall assist the Emir in
discharging his functions and exercising his powers in
accordance with this Constitution and the provisions of
the law.
Article 121 It
shall be conferred upon the Council of Ministers, in its
capacity as the highest executive organ, to administer
all the internal and external affairs falling within its
jurisdiction as determined in this Constitution and the
provisions of the law. The Council of Ministers shall
specifically perform the following functions: 1.
Proposal of draft laws and decrees and submission of the
same to Al-Shoura Council for debates. If such proposed
laws are approved by the Advisory Council, they shall be
referred to the Emir for ratification and promulgation
in accordance with the provisions of this
Constitution; 2. Approval of the regulations and
decisions prepared by the Ministries and other
Government organs relevant to their respective
jurisdiction for the implementation of the laws in
accordance with their provisions; 3. Supervision of
the implementation of laws, decrees, regulations, and
resolutions; 4. Proposals of establishing and
organizing of the Government departments, public
authorities and corporate bodies according to the
law; 5. High control of the financial and
administrative system of the Government; 6.
Appointment and dismissal of civil servants in the cases
where such appointment and dismissal do not fall within
the jurisdiction of the Emir or the power of the
Ministers as specified by the law; 7. Drawing up the
general regulations that adequately ensure the
maintenance of internal security and public order in all
parts of the State in accordance with the law; 8.
Administration of the finance of the State and
preparation of its draft budget as determined by this
Constitution and the provisions of the law; 9.
Approval of economic project and methods of their
implementation; 10. Supervision of the means for
preserving the interests of the State abroad and
maintenance of its international relations and foreign
affairs; 11. Preparation of a report at the beginning
of every fiscal year including a detailed survey of the
tasks accomplished internally and abroad. The report
shall be accompanied with a plan drawing up the most
adequate ways for achieving comprehensive development of
the State, providing the necessary conditions for its
development and prosperity, and consolidating its
security and stability in accordance with the basic
guiding principles of the policy of the State as stated
in this Constitution. The said report shall be submitted
to the Emir for approval; 12. Any other functions
vested upon it by this Constitution or the
law.
Article 122 The
Ministers shall implement the general Government policy,
each within the limits of his jurisdiction .The Emir may
request the Prime Minister and the Ministers to submit
reports on any matter of the State that fall within the
scope of their functions.
Article
123 The Prime Minister and the Ministers are
collectively responsible before the Emir for the
implementation of the general Government policy; and
each one of them is individually responsible before the
Emir for the manner in which he carries out his duties
and exercises his function.
Article 124 The law shall determine
remunerations for the Prime Minister and the Ministers;
and all provisions pertaining to the Ministers shall
apply to the Prime Minister unless otherwise
stipulated.
Article
125 The Prime Minister shall, preside over the
sessions of the Council, organize its proceedings and
supervise coordination of work among the various
Ministries in order to achieve unity and harmony among
the Governmental organs of the State. The Prime Minister
shall sign, in the name and on behalf of the Council of
Ministers, decisions made by the Council. He shall
also submit to the Emir the decisions of the Council on
matters requiring an Emiri Resolution for approval and
issuance in accordance with the provisions of this
Constitution.
Article
126 The meetings of the Council of Ministers
shall be quorum if a majority of its Members are
present, provided that the Prime Minister or his Deputy
are present. The discussions of the Council shall be
secret; and its decisions shall be made by a majority of
the present Members. When the votes are equal, the Prime
Minister shall have casting vote. The minority shall
abide by the opinion of the majority.
Article 127 The Council of Ministers
shall set up its internal regulations and it shall have
a general secretariat to assist in the discharge of its
functions.
Article
128 When assuming their positions, the
Ministers shall aim to serve the interests of the
country and shall not, in any way, misuse their official
positions for their own interests, or for the interests
of their own acquaintances. The law shall determine the
acts that are restricted for Ministers and the acts
committed during their term of office that entail
accountability; and the said law shall specify the
manner of accountability.
Chapter
Five: The Judicial Authority
Article 129 The supremacy of law is
the base of rule in the State. The honour of the
judiciary, its integrity, and impartiality of judges are
a safeguard of rights and liberties.
Article 130 The judicial authority
shall be independent and it shall be vested in courts of
different types and grades. The courts shall make their
judgments according to the law.
Article 131 Judges are independent
and they shall not be subject to any power in the
exercise of their judicial functions as provided by the
law and no interference whatsoever shall be permitted
with court proceedings and the course of
justice.
Article 132 The
law shall regulate the categories and divisions of
courts and define their jurisdiction and powers. The
jurisdiction of Military tribunals is restricted, save
when martial law is in force, to military crimes
committed by staff of the armed and the security forces
within the limitations specified by the
law.
Article 133 Court
sessions shall be public save when a court decides, for
the interest of public order or morality, to hold them
in camera. In all cases, the pronouncement of judgments
shall be made in an open session.
Article 134 Judges shall not be
subject to removal from office save in cases specified
by the law. The said law shall also specify the rules
and disciplinary matters applicable to
Judges.
Article 135 The
right of litigation is inviolable and it shall be
guaranteed to all people. The law shall specify the
procedures and manner of exercising this
right.
Article
136 Public prosecution shall conduct public
actions in the name of the people, supervise the law
enforcement, and ensure the enforcement of criminal
laws. The law shall regulate the functions of this body,
specify the condition and guarantees pertaining to the
staff discharging the functions of the
same.
Article 137 The
judiciary shall have a Supreme Council to supervise the
proper functioning of courts of law and their auxiliary
organs. The law shall determine the composition, powers
and functions of the said Council.
Article 138 The law shall determine
the competent body entrusted with the settlement of
administrative disputes and define its structure and
manner of discharging its functions.
Article 139 The law shall regulate
the method of settling conflicts of jurisdiction and
also judgments among the judicial bodies.
Article 140 The law shall specify the
competent judicial body for settling of disputes
pertaining to the constitutionality of laws and
regulations, define its powers and method of challenging
and procedures to be followed before the said body. It
shall also specify the consequences of judgment
regarding unconstitutionality.
PART FIVE Final
Provisions
Article
141 The Emir shall promulgate this
Constitution and it shall come into force as of the day
immediately following the date of its publication in the
official Gazette.
Article
142 The laws shall be published in the
official Gazette after ratification and promulgation
within two weeks of their issue, and unless otherwise
stated in the laws themselves, such laws shall come into
force a month as of the date of their
publication.
Article
143 All provisions embodied in laws and
regulations in force upon the entering of this
Constitution into force shall continue to be valid and
effective unless they are amended in accordance with it.
The enforcement of this Constitution shall not affect
the provisions of the treaties and international
agreements to which the State of Qatar is a
party.
Article 144 The
Emir or one third of the Members of Al-Shoura Council
each shall have the prerogative to apply for the
amendment of one or more of the articles of this
Constitution. If the majority Members of the Council
accept the amendment in principle, the Council may
discuss it article by article. The amendment shall be
passed by a two-thirds majority of the Members of the
Council. The said amendment shall not be into force
before the approval of the Emir and its publication in
the official Gazette. If, on the other hand, the
proposal for amendment is rejected in principle or in
subject, it may not be re-introduced before the lapse of
one year from the date of its rejection.
Article 145 Provisions pertaining to
the rule of the State and its inheritance thereof may
not be subject to application for
amendment.
Article
146 Provisions pertaining to rights and public
liberties may not be subject to amendment save for the
purpose of granting more rights and guarantees for the
interest of the citizen.
Article
147 The functions of the Emir set forth in
this Constitution may not be subject to an application
for amendment during the term of his
deputation.
Article
148 No article of this Constitution may be
proposed for amendment before the lapse of a period of
ten years from the date of its coming into force.
Article 149 No
provision of this Constitution may be suspended save
where martial laws are in force and within the limits
specified by the law; however, the convening of the
session of Al-Shoura Council may not be suspended
neither may the immunity of its Members be violated
during this period.
Article
150 The Amended Provisional Constitution,
issued on 19th April, 1972, in force in the State, shall
be repealed. The provisions pertaining to the current
Al-Shoura Council shall remain in force until the new
Council is
elected.
Go to top
The Constitutional
Authorities
The people
are the source of power, and they shall exercise the
same in accordance with the provisions of the
constitution. The system of government is based on the
separation and collaboration of powers. The
legislative authority is vested in the Advisory Council,
while the executive authority shall be vested in the
Emir assisted by the Council of Ministers as specified
by the constitution. The judicial authority shall be
vested in courts of law; and courts judgments shall be
pronounced in the name of the
Emir.
Go to top
Information Source:
www.mofa.gov.qa
|