POLITICAL
SYSTEM

chief
of state:
President ZAYID bin Sultan Al Nuhayyan (since 2 December 1971),
ruler of Abu Zaby (Abu Dhabi) (since 6 August 1966)
Vice
President MAKTUM bin Rashid al-Maktum (since 8 October
1990)
Since
the establishment of the Federation in 1971, the seven emirates
that comprise the United Arab Emirates (UAE) have forged a distinct
national identity through consolidation of their federal status
and now enjoy an enviable degree of political stability. The UAE's
political system, which is a unique combination of the traditional
and the modern, has underpinned this political success, enabling
the country to develop a modern administrative structure while,
at th same time, ensuring that the best of the traditions of the
past are maintained, adapted and preserved.
Following
the British termination of their agreements with the Trucial States
the rulers of the seven emirates established a federal state officially
entitled Dawlat al Imarat al Arabiyya al Muttahida (State of the
United Arab Emirates).
The
philosophy behind the UAE was explained in a statement which was
released on 2 December 1971 as the new state was formally established:
The
United Arab Emirates has been established as an independent state,
possessing sovereignty. It is part of the greater Arab nation.
Its aim is to maintain its independence, its sovereignty, its
security and its stability, in defence against any attack on its
entity or on the entity of any of its member Emirates. It also
seeks to protect the freedoms and rights of its people and to
achieve trustworthy co-operation between the Emirates for the
common good. Among its aims, in addition to the purposes above
described, is to work for the sake of the progress of the country
in all fields for the sake of providing a better life for its
citizens, to give assistance and support to Arab causes and interests,
and to support the charter of the United Nations and international
morals.
Each
of the component emirates of the federation already had its own
existing institutions of government and, to provide for the effective
governing of the new state, the rulers agreed to draw up a provisional
Constitution specifying the powers which were to be allocated
to new federal institutions, all others remaining the preorgative
of the individual emirates.
Assigned
to the federal authorities, under Articles 120 and 121 of the
Constitution, were the areas of responsibility for foreign affairs,
security and defence, nationality and immigration issues, education,
public health currency, postal, telephone and other communictions
services, air traffic control and licensing of aircraft, in addition
to a number of other topics specifically prescribed, including
labour relations, banking, delimitation of territorial waters
and extradition of criminals.
In
paralle, the Constitution also stated in Article 116 that 'the
Emirates shall exercise all powers not assigned to the federation
by this Constitution'. This was reaffirmed in Article 122, which
stated that 'the Emirates shall have jurisdiction in all matters
not assigned to the exclusive jurisdiction of the federation,
in accordance with the provision of the preceding two Articles'.
The
new federal system of government included a Supreme Council, a
Cabinet, or Council of Ministers, a parliamentary body, the Federal
National Council, and an independent judiciary, at the apex of
which is the Federal Supreme Court.
In
a spirit of consensus and collaboration, the rulers of the seven
emirates agreed during the process of federation that each of
them would be a member of a Supreme Council, the top policy-making
body in the new state. They agreed also that they would elect
a President and a Vice-President from amongst their number, to
serve for a five-year term of office. The Ruler of Abu Dhabi,
Sheikh Zayed bin Sultan Al Nahyan, was elected as the first President,
a post to which he has been re-elected at successive five-yearly
intervals, whilt the Ruler of Dubai, Sheikh Rashid bin Saeed Al
Maktoum, was elected as first Vice-President, a post he continued
to hold until his death in 1990, at which point his eldest son
and their, Seikh Maktoum bin Rashid Al Maktoum, was elected to
succeed him.
SUPREME
COUNCIL MEMBERS
HH
President Sheikh Zayed bin Suyltan Al Nahyan, Ruler of Abu Dhabi
HH
Vice-President and Prime Minister Seikh Maktoum bin Rashid Al
Maktoum, Ruler of Dubai
HH
Dr Seikh Sultan bin Mohammed Al Qasimi, Ruler of Sharjah
HH
Seikh Saqr bin Mohammed Al Qasimi, Ruler of Ras al-Khaimah
HH
Seikh Rashid bin Ahmed Al Mu'alla, Ruler of Umm al-Qaiwain
HH
Sheikh Humaid bin Rashid Al Nuaimi, Ruler of Ajman
HH
Sheikh Hamad bin Mohammed Al Sharqi, Ruler of Fujairah
Crown
Princes and Deputies of the Rulers
HH
Sheikh Khalifa bn Zayed Al Nahyan, Croiwn Price of Abu Dhabi and
Deputy Supreme Commander of the UAE Armed Forces, Chairman of
the Executive Council of the Emirate of Abu Dhabi
HE
Sheikh Hamdan bin Rashid Al Maktoum, Deputy Ruler of Dhabi, Minister
of Finance and Industry
General
HE Sheikh Mohammed bin Rashid Al Maltoum, Crown Prie of Dubai
and Minister of Defence
HE
Seikh Sultan bin Mohammed Al Qasimi, Crown Prince and Deputy Ruler
of Sharjah
HE
Sheikh Khalid bin Saqr Al Qasimi, Crown Prince and Deputy Ruler
of Ras al-Khaimah
HE
Sheikh Saud bin Rashid Al Mu'alla, Crown Prince of Umm al-Qaiwain
HE
Sheikh Ammar bin Humaid Al Nuaimi, Crown Prince of Ajman
HE
Sheikh Ahmed bin Sultan Al Qasimi, Deputy Ruler of Sharjah
HE
Sheikh Hamad bin Saif Al Sharqi, Deputy Ruler of Fujairah
HE
Sheikh Sultan bin Saqr Al Qasimi, Deputy Ruler of Ras al-Khaimah
The
Federal Supreme Council is vested with legislative as well as
executive powers. It ratifies federal laws and decrees, plans
general policy, approves the nomination of the Prime Minister
and accepts his registration. It also relieves him from his post
upon the recommendation of the President. The Supreme Council
elects the President and his deputy for five-years terms; both
may be re-elected.
At
an historic meeting on 20 May 1996 the Federal Supreme Council
approved a draft amendment to the country's provisional Constitution,
making it the permanent Constitution of the UAE. The amendment
also named Abu Dhabi as the capital of the state.
The
Council of Ministers or Cabinet, described in the Constitution
as 'the executive authority' for the federation, includes the
usual complement of ministerial portfolios, and is headed by a
Prime Minister, chosen by President in consultation with his colleagues
on the Supreme Council. The Prime Minister, currently the Vice-President
(although this has not always been the case), then selects the
minters, who may be drawn from any of the federation's component
emirates, although, naturally, the more populous emirates have
generally provided more members of each Cabinet.
The
current 21-member Cabinet was appointed on 25 March 1997 under
the terms of Decree No. 67 of 1997 and according to the proposal
of Vice-President HH Sheikh Maktoum bin Rashid Al Maktoum, who
was requested by the President to form a new Government.
MEMBERS
OF THE CABINET
Prime
Minister: Vice-President HH Sheikh Maktoum bin Rashid Al Maktoum
Deputy
Prime Minister: Sheikh Sultan bin Zayed Al Nahyan
Minister
of Finance and Industry: Sheikh Hamdan bin Rashid Al Maktoum
Minister
of Defence: Gen. Sheikh Mohammed bin Rashid Al Maktoum
Minister
of State for Foreign Affairs: Sheikh Hamdan bin Zayed Al Nahyan
Minister
of Information and Culture: Sheikh Abdullah bin Zayed Al Nahyan
Minister
of Planning: Sheikh Humaid bin Ahmed Al Mu'alla
Minister
of Higher Education and Scientific Research: Sheikh Nahyan bin
Mubarak Al Nahyan
Minister
of Economy and Commerce: Sheikh Fahim bin Sultan Al Qasimi
Minister
of State for Supreme and Council Affairs: Sheikh Majed bin Saeed
Al Nuaimi
Minister
of Foreign Affairs: Rashid Abdullah Al Nuaimi
Minister
of Interior: Lt. Gen. Dr Mohammed Saeed Al Badi
Minister
of Health: Hamad Abdul Rahman Al Madfa
Minister
of Electricity and Water: Humaid bin Nasir Al Owais
Minister
of State for Cabinet Affairs: Saeed Khalfan Al Ghaith
Minister
of Agriculture and Fisheries: Saeed Mohammed Al Ragabani
Minister
of Communications: Ahmed Humaid Al Tayer
Minister
of Public Works and Housing: Rakad bin Salem Al Rakad
Minister
of Petroleum and MIneral Resources: Obeid bin Saif Al Nassiri
Minister
of Education and Youth: Dr Abdul Aziz Al Sharhan
Minister
of Justice, Islamic Affairs and Awqaf: Mohammed Nukhaira Al Dhahiri
Ministe
of Labour and Social Affairs: Mattar Humaid Al Tayer
Minister
of State for Financial and Industrial Affairs: Dr Mohammed Khalfan
bin Kharbash.
The
Director General of the President's Office, Sheikh Mansour bin
Zayed Al Nahyan, also has ministerial status.
FEDERAL
NATIONAL COUNCIL
The
Federal National Council (FNC) has 40 members drawn from the emirtes
on the basis of their population, with eight for each of Abu Dhabi
and Dubai, six each for Sharjah and Ras al-Khaimah, and four each
for Fujairah, Umm al-Qaiwain and Ajman. The selection of representative
members is left to the discretion of each emirate and the members'
legislative term is deemed to be two calendar years.
Day-to-day
operation of the FNC is governed by standing orders based on the
provisions of Article 85 of the Constitution. These orders were
first issued in 1972 and subsequently amended by Federal Decree
No. 97 of 1997.
The
FNC plays an important role in serving the people and the nation
and consolidating the principles of shura (consultation) in the
country. Presided over by a speaker, or either of two deputy speakers,
elected from amongst its members, the FNC has both a legislative
and supervisory role under the Constitution. This means that it
is responsible for examining, and, if it so requires, amending,
all proposed federal legislation, and is empowered to summon and
to question any federal minister regarding ministry performance.
One of the main duties of the FNC is to discuss the annual budget.
Specialised sub-committees and a Research and Studies Unit have
been formed to assist FNC members to cope with the increasing
demands of modern government.
Since
its inception the council has been successively chaired by the
following Speakers:
Thani
bin Abdulla
Taryam
bin Omran Taryam
Hilal
bin Ahmed bin Lootah
Al-Hai
bin Abdullah Al Muhairbi
Mohammed
Khalifa Al Habtoor
At
an international level, the FNC is a member of the International
Parliamentary Union (IPU), as well as the Arab Parliamentary Union
(APU) and participates actively in these bodies.
FEDERAL
JUDICIARY
The
federal judiciary, whose total independence is guaranteed under
the Constitution, includes the Federal Supreme Court and Courts
of First Instance. The Federal Supreme Court consists of five
judges appointed by the Supreme Council of Rulers. The judges
decide on the constitutionality of federal laws and arbitrate
on intra-emirate disputes and disputes between the Federal Government
and the emirates.
LOCAL
GOVERNMENT
Parallel
to, and, on occasion, interlocking with, the federal institutions,
each of the seven emirtes also has its own local government. Although
all have expanded significantly as a result of the country's growth
over the last 29 years, these differ in size and complexity from
emirate to emirate, depending on a variety of factors such as
population, area, and degree of development.
Thus
the largest and most populous emirate, Abu Dhabi, has its own
central governing organ, the Executive Council, chaired by the
Crown Prince, Sheikh Khalifa bin Zayed al Nahyan. The Eastern
and Western Regions are headed by an official with the title of
Ruler's Representative. There is also a Ruler's Representative
on the important oil terminal island of Das.
The
main cities, Abu Dhabi and Al Ain, the latter also the capital
of the Eastern Region, are administered by municipalities, each
of which has a nominated municipal council, while the National
Consultative Council, chaired by a Speaker, and with 60 members
selectd from among the emirate's main tribes and families, undertakes
a role similar to that of the FNC on a country-wide level, questioning
officials and examining and endorsing local legislation. It is
also a source of vocal suggestion for the introduction or revision
of federal legislation.
Administration
in the emirate is implemneted by a number of local departments,
covering topics such as public works, finance, customs and management.
Some have a responsibility for the whole of the emirate, although
in certain spheres there are also departments covering only the
Eastern Region.
A
similar patern of municipalities and departments can be found
in each of the other emirates, while Sharjah, with its three enclaves
on the country's east coast, has also adopted the practice of
devolving some authority on a local basis, with branches of the
Sharjah Emiri Diwan (Court), headed by deputy chairmen, in both
Kalba and Khor Fakkan. Sharjah has also created an Executive Council
to cover the whole emirate.
In
smaller or more remote settlements, the ruler and government of
each emirate may choose a local representative, an emir or wali,
to act as a conduit through which the concerns of inhabitants
may be directed to government. In most cases, these are the leading
local tribal figures, whose influence and authority derive both
from their fellow tribesmen and from the confidence placed in
them by the ruler, an example of the way in which local leaders
within the traditional system have become involved with, and lend
legitimacy to, the new structures of government.
FEDERAL
AND LOCAL GOVERNMENT
The
powers of the various federal institutions and their relationship
with the separte institutions in each emirate, laid down in the
Constitution, have evolved and changed since the establishment
of the state. Under the terms of the Constitution, rulers may,
if they wish, relinquish certain areas of authority, prescribed
as being the responsibility of individual emirates, to the Federal
Government on significant such decision being that to unify the
armed forces in the mid-1970s. The 1971 Constitution also permitted
each emirate to retain, or to take up, membership in the Organisation
of Petroleum Exporting Countries (OPEC) and the Organisation of
Petroleum Exporting Countries (OAPEC), although none have done
so; the only emirate to be a member in 1971, Abu Dhabi, having
chosen to relinquish its memberships in fvour of the federation.
In
line with the dramatic social and economic development that has
taken place since the foundation of the state, the organs of government,
both federal and local, have also developed impressively, and
their influence now affects almost all aspects of life, for both
UAE itizens and expatriates. As with other relatively young states,
new institutions that were created for the firs time have derived
their legitimacy and status from the extent of their activities
and achievements, and from acknowledgement and appreciation of
their role by the people.
The
relationship between the new systems of government, federal and
local, has itself evolved in a highly constructive manner. As
the smaller emirates have benefited from significant development
in terms of, for example, education and vocational training, so
they have been able to find the personnel to extend the variety
of services (e.g. tourism), provided by their own local governments
which had once been handled on their behalf by federal institutions.
AT the same time, in other areas, such as the judiciary, there
has been an evolving trend towards a further voluntary relinquishment
of local authority to the federal institutions. These new systems
of government have not, however, replaced the traditional forms
which coexist and evolve alongside them.
TRADITIONAL
GOVERNMENT
Traditionally,
the ruler of an emirte, the sheikh, was the leader of the most
powerful, though not necessarily the most populous, tribe, while
each individual tribe, and often its various sub-sections, also
generally had a chief or sheikh. Such rulers and chiefs maintained
their authority only insofar as they were able to retain the loyalty
and support of their people, in essence a form of direct democrary,
though without the paraphernalia of western forms of suffrage.
Part of that democracy was the unwritten but strong principle
that the people should have free access to their sheikh, and that
he should hold a frequent and open majlis, or council, in which
his fellow tribesmen could voice their opinions.
Such
a direct democracy, of course, may be ideally suited to small
and relatively uncomplicated societies, but becomes steadily more
difficult to maintain as populations grow, while the increasing
sophistication of government administration means that on a day
to day basis many of the inhabitants of the emirates how find
it more appropriate to deal directly with these institutions on
most matters, rather than to seek to meet directly with their
ruler or sheikh.
Nevertheless,
a fascinating aspect of life in the UAE today, and one that is
essential to an understanding of its political system, is the
way in which the institutions of the majlis has continued to maintain
its relevance. In large emirates, not only the ruler, but also
a number of other senior members of his family, continue to hold
open majlises (or majalis), in which participants may raise for
a son or daughter to go abroad, to more weighty subjects such
as the impact of large-scale foreign immigration upon society
or complaints about perceived flaws in the practices of various
ministries and departments.
In
smaller emirtes, the majlis of the ruler himself, or of the crown
prince or deputy ruler, remain the main focus. The Ruler of Fujairah,
for example, holds an open majlis at least once a week (daily
during the Muslim holy fasting month of Ramadan), which may be
attended by both citizens and expatriates. To these majlises come
traditionally-minded tribesmen who may have waited several months
for the opportunity to discuss with their ruler directly, rather
than choose to pursue their requests or complaints through a modern
government structure.
In
modern society, of course, as President Sheikh Zayed himself has
commented, it is naturally easier for a ruler to go to meet his
people than for them to come to meet him. Sheikh Zayed frequently
travels within the UAE, providing opportunities for him to meet
with citizens away from the formal surroundings of an office or
palace. During his regular inspection tours of projects, he also
takes pains to ensure that citizens living nearby are guaranteed
easy access to him.
Just
as the modern institutions have developed in response to public
need and demand, however, so the traditional forms of tribal administration
have adapted. With many relatively routine matters now being dealt
with by the modern institutions, so the traditional ones, like
the majlis, have been able to focus on more complex issues rather
than on the routine matters with which they were once heavily
involved.
In
the majlises, for example, it is possible to hear detailed, and
often heated, discussions between sheikhs and other citizens on
questions such as the policy that should be adopted towards the
evolution of the machinery of government, or the nature or relations
with neighbouring countries. On matters more directly affecting
the individual, such as the highly relevant topic of unemployment
among young UAE graduates, debates often tend to begin in the
majlises, where discussion can be fast and furious, before a consensus
approach evolves that is subsequently reflected in changes in
government policy.
Through
such means, the well-tested methods of government in the United
Arab Emirates have been able to retain both their essential relevance
and unique vitality, and they continue to play an important, although
often unpublicised, role in the evolution of the state today.
A
Balance Approach
When
the rulers of the seven emirates met 29 years ago to agree on
the forms of government for their new federal state, they chose
deliberately not simply to copy from others. They chose, instead,
tow work towards a society that would offer the best of modern
administration, while at the same time retaining the traditional
forms of government, that, with their inherent commitment to consensus,
discussion and direct democracy, offered the best features of
the past.
With
the benefit of hindsight, it is evident that they made the correct
choice, for, despite the massive economic growth and the social
dislocation caused by an explosion in the population, the state
has enjoyed political stability. During the last few decades there
have been numerous attempts to create federal states, both in
the Arab world and elsewhere. The UAE is the only one in the Arab
world to have stood the test of time.