Page 40 - The Arabian Gulf States_Neat

m
y\
• i
xl THE LEGAL STATUS OE THE ARABIAN GULF STATES
;
fV-i
..i on 11 September 1971, and was admitted to membership of the
United Nations on 21 September, 1971.

A. Constitutional System
i
Before 1970, Qatar had no written constitution. Moreover, there
r existed no institutions such as a representative or an elected
j
legislature. The Ruler, together with the Deputy Ruler and Heir to
the Throne, exercised absolute, albeit benevolent, rule. I
i At present, the State of Qatar is ruled by the Amir of Qatar (the
: new title of the Head of the State). The Amir’s powers and functions
are fully described in a Provisional Constitution, which was passed
‘ Vi
^ -i on 2 April 1970,2 but not fully implemented. However, on 19 April
1972, a new Constitution, known as the Amended Provisional
Constitution, was passed with the object of its application during a
transitional period, pending the passing of a final constitution of a
more permanent nature.3
The Amended Provisional Constitution of 1972 defines the new
state of Qatar as “an independent sovereign Arab state; its religion
is Islam and the Islamic Shari’a is the main source of its legislation;
0 its system being democratic and its official language is Arabic. The
people of Qatar are part of the Arab nation”. (Article 1).
Parts II and III of the Amended Provisional Constitution deal with
the “general fundamental principles and aims guiding the state
policy”. In this connection, the Provisional Constitution
“guarantees free enterprises, within the limits of public interests,
and free education and health”. It respects the sanctity of homes
and freedom of publication and of the press, in accordance with the
provisions of law (Articles 5,6,7,8,12,13). It provides that “all
people are equal and they shall enjoy public rights and shall be
subject to equal public duties without distinction on grounds of
race, sex or religion”. It lays down that “no act may be considered a
1. See the book, at pp. 10-12, below.
2. The Provisional Constitution of 1970 was not applied in practice, It was
published in al-Jaridah al-Rasmiyah (Qatari Official Gazette) No. 4, 2 April
1970. This Constitution provided for the election of 20 Qatari nationals for the
membership of the Consultative Council.
3. The Amended Provisional Constitution of 19 April 1972, which repealed the
Provisional Constitution of 2 April 1970, was published in al-Jaridah
al-Rasmiyah (Qatar) No. 5, 22 April 1972. It is noteworthy, in this connection,
that on 22 February 1972, Shaikh Khalifah bin Hamad Al-Thani, the former Heir
Apparent and Deputy Ruler, succeeded, as a result of a bloodless coup against
the former Amir, Shaikh Ahmed, in dethroning the latter, who was outside
Qatar at the time, and installing himself as the new Amir of the State of Qatar.
The new Amir, Shaikh Khalifah is responsible for the recent constitutional
changes witnessed in Qatar, after the implementation of the Amended
Provisional Constitution of 19 April 1972.