Qatar: Vote to Keep an Elected Assembly in the 5 November ‘Constitutional Amendment Referendum’

London / Beirut | 5 November 2024

On 5 November 2024, all Qatari citizens aged 18 years and above, will be entitled to vote on a government proposal to amend the constitution. According to a state-directed and supported policy change already approved by Qatar’s Consultative Assembly (Majlis al-Shura, or Shura Council) and Council of Ministers (or Cabinet), Qataris will decide whether to accept a government proposal to change the 45-seat Consultative Assembly from having 30 elected and 15 appointed members to having the ruler appoint all 45 members. 

Since 21 May 2018, Qatar has been a state party to the International Covenant on Civil and Political Rights (ICCPR). Article 25 of the Covenant states that:

“Every citizen shall have the right and the opportunity […] (a) To take part in the conduct of public affairs, directly or through freely chosen representatives;(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors […] and (c) To have access, on general terms of equality, to public service in his country.”

The proposal by the Government of Qatar, as put to the people on 5 November 2024 is a proposal to violate Qatar’s international human rights obligations. If it is approved, Qatar would lock in its violation of its international human rights obligations under Article 25 of the ICCPR and the government will have knowingly chosen to reduce the right of every citizen to take part in the conduct of public affairs.

Salam for Democracy and Human Rights (SALAM DHR) urges the Qatari electorate to reject the proposition in order to ensure the maximum scope for citizens’ participation in public affairs. 

In a separate matter, SALAM DHR also calls upon the Qatar government and Shura Council to provide defining details regarding the conditions under which the ruler, or Amir, Sheikh Tamim Bin Hamad Al Thani, can dissolve the Shura Council. Article 104 of the current Qatari constitution asserts that Amir “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 […]” Proposed text states that “In the necessary cases and the requirements of public interest, the Amir may dissolve the Council by a decree. […]” and that during the period of suspension, “[T]he Amir with the assistance of the Council of Ministers shall assume the power of legislation”.

SALAM DHR expresses dismay at the Government of Qatar’s intention to repeal Article 79 of the Constitution, addressing electoral constituencies, as this likewise violates Qatar’s commitments under Article 25 of the ICCPR.

Background information

Voting, based on a binary yes / no choice in relation to the government’s proposition, will take place between 07.00 and 17.00 Qatar time and comprises both electronic and in-person voting. Results are expected within 24 hours and will be under the supervision of the General Referendum Committee

On 30 October 2024, the Council of Ministers, or Cabinet, chaired by Sheikh Mohammed bin Abdulrahman bin Jassim Al Thani, Prime Minister and Minister of Foreign Affairs approved the Shura Council’s approval of constitutional amendments set out in Decree 87 of 2024. One report stated that the amendments “were widely welcomed by the Qatari people […] amidst keenness on implementing the vision of the Amir Sheikh Tamim bin Hamad Al-Thani […]”. The report asserted the proposal “upholds the principles of justice, consultation and the rule of law, and promotes equal citizenship in rights and duties.”

Decree 87 of 2024 sets out a range of constitutional amendments that include changing the texts of Articles (1), (7), (13), (74), (77), (80), (81), (83), (86), (103), (104), (114), (117), and (150) of the Permanent Constitution of the State of Qatar, in addition to adding Article (75 bis), Article (125/final paragraph), and cancelling Articles (78), (79), and (82) of the Constitution.

Under the proposed change, Article 77 will state that the Shura Council “shall consist of not fewer than forty five members, and an Amiri decree shall be issued appointing the members”. (italics added). Under existing provisions, 30 members are elected; 15 are appointed. 

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• Jawad Fairooz +447449926577 – @JawadFairooz (Arabic, English)
• Drewery Dyke +447800989221 – @drewerydyke (English, French)