These reforms reflect the widely-shared consensus achieved by over 300 delegates representing all segments of society through the National Dialogue mechanism convened between July and August 2011. His Majesty announced that that he would be issuing a Royal Decree to implement, without precondition, the national consensus.
Twenty articles of the 2002 constitution are to be amended. The key changes include fully empowering the Council of Representatives, the elected house of Parliament, in accordance with the recommendations of the National Dialogue, and enhancing the accountability guarantees that ensure that the executive branch continues to reflect the will of all of the people.
His Majesty said that the amendments will bring greater harmony in the relationship between the Executive and Legislative Branches in order to achieve greater balance among them.
The amendments limit the King’s powers to appoint the members of the Shura Council, the nominated house of Parliament, and to dissolve the Council of Representatives. Under the new scheme a set of standing criteria will be established for a person’s appointment to the Shura Council. Further, dissolution of the Council of Representatives cannot occur without taking mandatory advice from the Chairmen of both houses of Parliament, as well as the President of the Constitutional Court.
In conjunction, the legislative and regulatory powers of Parliament as a whole have been increased. Mechanisms will be established to ensure legislation is expedited, such as by extending Parliamentary sessions as needed. Further, the legislative powers of Parliament are to be increased by permitting either house of Parliament to draft bills or propose constitutional amendments and establishing a timetable for their consideration. The procedure for sending proposed constitutional amendments directly to the Legislation and Legal Opinion Commission is clarified. Additionally, Parliament is given more control over the setting of the state budget and use of public funds.
The powers of the Council of Representatives have been significantly increased to ensure that the government’s policy program reflects the best interest of the people. The Council will be able to approve the government’s policy program at inception and monitor it on an ongoing basis. Furthermore after each election, the Council will now discuss the government’s policies, with the ability to approve or reject the government’s program. If the Council disapproves the policy program twice, by an ordinary majority, the King may seek the resignation of members of the cabinet.
In addition, the Council will have the authority to widely monitor the government’s policies and actions. This is achieved by broadening its powers to question Ministers. Now, Ministers may be questioned before the full house, rather than only in committee and the Cabinet is now required to answer questions within a time-table. Moreover, the Council of Representatives may now directly put questions to Ministers without the concurrence of members of the Shura Council, which was the case earlier. Additionally, the Council of Representatives is permitted to withdraw its confidence from Ministers and establish its own committees. Further, the Council may itself raise discussion on any issue regarding the government’s policy programme, whereas earlier it had no enabling power to do so.
Another far reaching increase in the elected house’s powers is that the Chairman of the Council of Representatives will now be the Chairman of Parliament as a whole, rather than the President of the Shura Council, as was previously the case. This is a significant increase of power as the Chairman of Parliament controls the referring of legislative bills to the Prime Minister for action.
The effects of these amendments are to make the cabinet more accountable to Parliament, especially the elected house; to limit the Shura Council’s powers by transferring the Parliamentary chair to the elected house; and increasing Parliamentary powers to broaden the avenues for popular participation in governance.
His Majesty King Hamad called these amendments historic steps to open doors wide for democracy. He stressed that constitutional amendments aside, democracy is a culture and practice, commitment to the rule of law, respect for the international principles of human rights, coupled with the serious national political actions that represents all spectrums of society without exclusion or quotas. He called on all of society to work together to ensure that our young people respect the law. This a responsibility, he said, that must be shouldered by all, especially when respect for the law is linked to the principles of coexistence, tolerance, harmony and love.