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2009 Assessment

Qatar: Integrity Indicators Scorecard

Qatar: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
32	Can members of the legislature be held accountable for their actions?	0
33	Are there regulations governing conflicts of interest by members of the national legislature?	0
34	Can citizens access the asset disclosure records of members of the national legislature?	0
35	Can citizens access legislative processes and documents?	0

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

32a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: Article 12(1) of Law No. 12 (2008) establishing the Supreme Constitutional Court grants this Court the authority to settle disputes over the constitutionality of laws. However, general exceptions exist. Although Law No. 7 2007 on Administrative Disputes permits persons with civil grievances to seek redress in the court system, the majority of administrative decisions made by the executive authority are immune from judicial jurisdiction, as well as decisions made according to the laws governing private institutions and corporations and laws governing print and broadcast media.

Also immune from judicial jurisdiction are decisions made according to Law 17 of 2002 for the Protection of Society, Arts. 1-2 of which permit the imprisonment of citizens for "crimes against public morals" for a period of two weeks to six months while awaiting trial.

References: Law No. 12 of 2008 establishing the Supreme Constitutional Court

Law No. 7 of 2007 regulating Administrative Disputes. Available at: [ LINK ]

32b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: The Supreme Constitutional Court is not yet if effect, and the Administrative Courts may not review disputes concerning a range of legislative decisions.

References: Interview with Dr. Basher Zaghloul, Assistant Professor of Criminal Law at the College of Law in Qatar University and Law Practitioner. Interview date and location: April 12, 2010 at Qatar University.

Interview with a Representative from the National Human Rights Committee. Interview date and location: April 26, 2010 and the National Human Rights Committee.

32c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: Article 113(1) of the Constitution states: "Save when a Member of Al-Shoura Council [the legislative body] is found flagrante delicto, he shall not be arrested, detained, searched or subject to investigation without prior permission from the Council. Where the Council has not issued a resolution on the request for permission within a period of one month from the date of receipt of the said request, this shall be virtually considered a permission."

References: Article 113(1) of the Constitution

Are there regulations governing conflicts of interest by members of the national legislature?

33a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: After reviewing the law regulating the State Audit Bureau, no such requirement could be found. Public officials are not subject to financial disclosure laws and the State Audit Bureau is not mandated to audit the assets of government employees, judges or public officials.

References: Law No. 5 of 1975, redefined by Law No. 4 of 1995, amended by Law No. 12 of 1999 creating and regulating the State Audit Bureau.

33b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: It should be noted that Qatari citizens only make up roughly roughly 13 percent of Qatar's total population of approximately 1,800,000. As a result, Qatari people in power wear several different "hats." A Qatari may hold a government position while also sitting on the board of directors or serving as CEO of a private or semiprivate company. The financial and natural resource sectors are at the foundation of Qatari society, preventing any restrictions on the ability to enter into the private sector.

References: No such law could be found.

33c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: Public officials are not subject to financial disclosure laws.

References: No such regulations could be found.

33d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: A review of the law regulating the State Audit Bureau revealed no such requirement. Public officials are not subject to financial disclosure laws, and the State Audit Bureau is not mandated to audit the assets of government employees, judges or public officials.

References: Law No. 5 of 1975, redefined by Law No. 4 of 1995, amended by Law No. 12 of 1999 creating and regulating the State Audit Bureau.

33e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

References: Interview with Majed Al-Ansari, Assistant Researcher at the Social and Economic Survey Research Institute at Qatar University. Interview date and location: March 24, 2010 at Qatar University.

Interview with Dr. Basher Zaghloul, Assistant Professor of Criminal Law at the College of Law in Qatar University and Law Practitioner. Interview date and location: April 12, 2010 at Qatar University.

33f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: Public officials are not subject to financial disclosure laws, and there are no laws regulating gifts/hospitality offered to legislators.

References: U.S. State Department Bureau of Democracy, Human Rights, and Labor - 2009 Qatar Country Report on Human Rights Practices. Published on March 11, 2010. Available at: [ LINK ]. Accessed on April 25, 2010.

Interview with Majed Al-Ansari, Assistant Researcher at the Social and Economic Survey Research Institute at Qatar University. Interview date and location: March 24, 2010 at Qatar University.

33g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: Public officials are not subject to financial disclosure laws, and the State Audit Bureau is not mandated to audit the assets of government employees, judges or public officials.

Interview with Majed Al-Ansari, Assistant Researcher at the Social and Economic Survey Research Institute at Qatar University. Interview date and location: March 24, 2010 at Qatar University.

Interview with Dr. Ahmed Abdul Malik, Qatari Media Expert, Lecturer at Qatar University, and former Editor-in-Chief of Gulf Times and Al-Sharq Newspapers in Qatar. Interview date and location: April 28, 2010 in a public location.

Can citizens access the asset disclosure records of members of the national legislature?

34a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

References: Law No. 5 of 1975, redefined by Law No. 4 of 1995, amended by Law No. 12 of 1999 creating and regulating the State Audit Bureau.

34b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: Public officials are not subject to financial disclosure laws, and the State Audit Bureau is not mandated to audit the assets of government employees, judges or public officials.

Interview with Majed Al-Ansari, Assistant Researcher at the Social and Economic Survey Research Institute at Qatar University. Interview date and location: March 24, 2010 at Qatar University.

34c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: Public officials are not subject to financial disclosure laws, and the State Audit Bureau is not mandated to audit the assets of government employees, judges or public officials.

Interview with Majed Al-Ansari, Assistant Researcher at the Social and Economic Survey Research Institute at Qatar University. Interview date and location: March 24, 2010 at Qatar University.

34d: In practice, the asset disclosure records of members of the national legislature are of high quality.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The asset disclosure records of members of the national legislature are complete and detailed, providing the public with an accurate and updated accounting of the individuals\' sources of income, investments, and other financial interests. 50 Score Criteria: The asset disclosure records of the members of the national legislature contain some useful information but may be lacking important details, including politically sensitive investment or other financial arrangements in which the individual has an interest. 0 Score Criteria: The asset disclosure records of the members of the national legislature are overly general, lack any meaningful detail, and do not provide clear accounting of the individuals\' sources of income, investments, and other financial assets.$

Comments: Public officials are not subject to financial disclosure laws, and the State Audit Bureau is not mandated to audit the assets of government employees, judges or public officials.

Interview with Majed Al-Ansari, Assistant Researcher at the Social and Economic Survey Research Institute at Qatar University. Interview date and location: March 24, 2010 at Qatar University.

Can citizens access legislative processes and documents?

35a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: Article 142 of the Constitution states that "the laws shall be published in the official Gazette after ratification and promulgation within two weeks of their issue." However, there are no laws granting the right to access records of legislative debates, hearings or voting records.

References: Article 142 of the Constitution. Available at: [ LINK ]

35b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: Although ratified laws are published in the national Gazette, citizens cannot access records of legislative debates, hearings or voting records. For example, the National Human Rights Committee, which acts as Qatar's Ombudsman, has not been able to access information regarding legislative debates over certain disputed laws.

References: Interview with Dr. Hassan al-Sayed. Professor of Constitutional and Administrative Law and former Dean of the Law College of Qatar University. Interview Date and location: March 29, 2010 and May 6, 2010 at Qatar University.

Interview with a Representative from the National Human Rights Committee. Interview date and location: April 26, 2010 and the National Human Rights Committee.

35c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

References: Interview with a Representative from the National Human Rights Committee. Interview date and location: April 26, 2010 and the National Human Rights Committee.