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Constitution Writing & Conflict Resolution
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Qatar 2003

In November 1998, Emir Sheik Hamad bin Khalifa al-Thani announced that a commission would be formed to produce the country’s first permanent constitution, which was to include a broadening of social rights and the creation of an elected, representative parliament.. The Emir’s announcement came as a surprise to many, since there were no obvious institutional crises or other conflicts requiring immediate resolution. The announcement sparked a widespread public debate in the press on the nature of democracy and on the public’s role in elections and politics, which continued throughout the process.

The Emir nominated 32 people to a Constitutional Commission in July 1999, charging this group to write the new document. The Commission included six members of the al-Thani ruling family (including the Oil and Foreign ministers), other government officials and bureaucrats, business leaders, and academics. It was given a three-year initial life span, and instructed to report on its progress to the Emir every six months. The Commission met regularly through 2000 and 2001, with some assistance from French constitutional experts, and they invited Jordanian constitutional experts in for a drafting session in late 2001. On July 2, 2002, the final draft was presented to the Emir. It conformed generally to the Emir’s initial requests, though the Commission opted for a traditional Shura consultative council with 30 elected and 15 Emir-appointed members rather than a fully elected parliament.

Though the 1972 Provisional Constitution makes no mention of it, the Emir opted to have the new constitution ratified through a referendum. This referendum was announced on April 15, 2003, and held on April 29. After an extensive civic education campaign involving seminars and lectures on political participation, mass distribution of copies of the draft, and widespread public signage, about 80% of the Qatari electorate turned out for the referendum and approved the constitution by 96.6%. 3% of the electorate (some 1200 individuals) voted against the document. There was a delay before the constitution came into force.

 

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