Qatar's Constitutional Evolution: A New Era of Governance and Unity

On the 29th of October 2024, the Amir of Qatar promulgated Decree No. (87) of 2024, which formally invited all citizens to engage in a nationwide referendum concerning proposed changes to the Permanent Constitution of the State of Qatar (“Constitution”).

The amendments serve two primary objectives: to ensure the unity of the people and to establish equal citizenship rights and duties. The referendum included a set of constitutional amendments, including the introduction of new articles and repeal of certain existing ones. 

Voting took place on the 5th of November from 7 am to 7 pm. The citizens of Qatar overwhelmingly backed the constitutional amendments, with a majority of voters supporting the changes. The General Referendum Committee announced that the draft amendments to the Constitution had received popular approval, with 90.6% of the total valid votes cast in favor. 

As published in the Official Gazette dated 3rd of November, constitutional amendments pertain to 14 Articles, which are summarized as follows:  

Significant amendments:

The Shura Council is a legislative body that proposes laws, reviews and approves draft laws and decrees by law in Qatar (“Council”). 

The constitutional amendments impact several key Articles pertaining to the structure of the Council, which are outlined below: 

1. The amendment to Article 74 lies in the procedural context in which the Amir's oath is taken. The previous Article required the Amir to take the oath before assuming his powers during a special session of the Council. The amendment removes the specification of the special session, thereby allowing the Amir to take the oath without the necessity of it being in the context of a formal Council session.
2. The amendment to Article 77 introduces a change in the composition of the Council, where the Council will now consist of no fewer than forty-five members, all of whom will be appointed by an Amiri decree. This contrasts with the previous arrangement where the Council was composed of forty-five members, with thirty being elected by a direct, general secret ballot and fifteen appointed by the Amir. The amendment removes the election process, transitioning to a fully appointed Council, and does not specify the term of service for the members, which was previously determined by resignation or relief from their posts. The purpose of this amendment is to return to an appointment system instead of elections for selecting members of the Council.
3. The amendment to Article 80 revises the eligibility criteria for members of the Council. The revised Article retains the requirement for members to be Qatari nationals who are proficient in reading and writing Arabic and have not been convicted of offenses involving moral turpitude or dishonesty unless they have been legally rehabilitated. Additionally, members must be knowledgeable, of sound judgment, or possess relevant competence and experience. 
4. In the revised Article 83, should a Council seat become vacant, the Amir is required to appoint a replacement within one month of being notified, and this new member will serve for the remainder of the term. However, if a vacancy arises within the last two months of the Council's term, it will not be filled. 
5. The amendment to Article 86 addresses the scenario where there is a delay in the Council's convening. According to the revised Article, if the Council does not meet on the prescribed date, the term of the Council will be shortened by the length of the delay. This modification removes the previous requirement for the Amir to call the first meeting within one month following general elections.
6. The amendment to Article 103 clarifies the grounds on which a member may be removed from the Council. The revised Article states that a member can only be removed if they lose the confidence and esteem of the Council, no longer meet the membership conditions, or violate the duties of membership. The requirement for a two-thirds majority vote of the Council members for removal remains unchanged. The revised Article removes the reference to the conditions of membership “on the basis of which he was elected”.
7. The amendment to Article 104 grants the Amir the power to dissolve the Council by decree in cases deemed necessary and in the public interest. Upon dissolution, a new Council must be appointed within six months. During the interim, legislative powers will be exercised by the Amir, supported by the Council of Ministers. This change moves away from the previous requirement that the reasons for dissolution be stated and the prohibition against dissolving the Council twice for the same reasons. It also transitions from an electoral process for forming a new Council to an appointment-based system.

Inclusion of new provisions:

 The following provisions are introduced:

• Article (75 bis) is inserted, stipulating that the Amir may call the ruling family council, the people of authority, and the Shura Council, or any of them, for a meeting to discuss matters he deems important.
• A new paragraph is added to Article 125, stating that the Prime Minister may delegate some of his powers to his deputies and ministers.

Repeal of certain provisions:

The referendum also entails the repeal of Articles 78, 79, and 82, which previously addressed the electoral system, electoral districts, and the judicial authority overseeing the validity of the Council elections, respectively.

In conclusion, the transition to an appointment-based system for the Council, along with the introduction of new provisions and the removal of certain ones, reflects a strategic move to streamline legislative processes and adapt to contemporary governance needs. Following the successful referendum, the constitutional amendments will become effective from the date of their publication in the Official Gazette, marking the immediate implementation of the changes as part of the legal framework of the State of Qatar.