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POLITICAL SYSTEM
Supreme Council Members
Crown Princes and Deputies of the
Rulers
Members of the Cabinet
Federal National Council
Federal Judiciary
Local Government
Federal and Local
Government
Traditional Government
A Balanced Approach
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POLITICAL SYSTEM
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 enjoy an enviable degree of
political stability. The UAE's political system, 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 the same time, ensuring that the best of the traditions of the past
are maintained, adapted and preserved.
Over the course of 2007, major steps have been
taken, both at a federal and at a local level, in terms of reforming the
structure of government, these steps being designed both to make it more
responsive to the needs of the country's population and to ensure that
it is better equipped to cope with the challenges of development, in all
spheres, in a manner that is in keeping with current best practices in
administration and the delivery of services, as well as being more
cost-effective.
The process has been directed, at a federal level,
by the country's President, HH Sheikh Khalifa bin Zayed Al Nahyan, and
has been devised and guided at an executive level by the Vice President
and Prime Minister, HH Sheikh Mohammed bin Rashid Al Maktoum, who has
also overseen reforms in Dubai. Similar programmes have been launched in
other member emirates of the federation, in particular by its largest
component, Abu Dhabi, again directed by HH Sheikh Khalifa, as Ruler of
Abu Dhabi, and implemented by the Crown Prince and Chairman of Abu
Dhabi's Executive Council, HH Sheikh Mohammed bin Zayed Al Nahyan.
The most important development during 2007 was the
formal launching, early in the year, of a UAE Government Strategy for
the years ahead. Covering 21 individual topics, in the six sectors of
social development, economic development, public sector development,
justice and safety, infrastructure and rural areas development, the
strategy is based upon the National Programme unveiled by President HH
Sheikh Khalifa in December 2005. Drawn up after extensive consultation
between the federal ministries, as well as other bodies, the strategy
was launched by HH Sheikh Mohammed bin Rashid, who noted that it . .
.
sets the foundations for a new era of public
administration. The changing times and the nature of the challenges
prompt us to think in a different way and to adopt international best
practices in the area of public administration. This strategy unifies
efforts within a strategic framework with clear objectives, based on
detailed studies (and) . . . clearly identifies and integrates federal
and local efforts.
A key focus of the strategy is the maintaining of
continuous cooperation between federal and local authorities, with HH
Sheikh Mohammed noting that 'Creating synergy between the federal and
local governments is one of the most important vital elements of
development' in the strategy.
Other general principles include the revitalisation
of the regulatory and policy-making role of the ministries and the
improvement of their decision-making mechanisms, and increasing of the
efficiency of governmental bodies and upgrading of the level of the
services provided in accordance with customer needs.
Other principles include an improvement of the civil
service, based on competence, effective Emiratisation and leadership
training, empowering the ministries, in accordance with public policies
and reviewing and upgrading of existing legislation.
In August, the Abu Dhabi government announced its
own policy agenda for 2007 and 2008. The agenda included 18 independent
policy statements providing details of plans in areas such as planning
and economy, energy, tourism, health, education, labour, civil services,
culture and heritage, food control, urban planning, transport,
environment, health and safety, municipal affairs, police and emergency
services, electronic government, women, and legislative reform.
HH Sheikh Mohammed bin Zayed Al Nahyan commented:
For the people of Abu Dhabi, the publication of a comprehensive
policy agenda will provide unprecedented understanding of the priorities
and plans of the government. For the private sector, the initiatives
outlined in this agenda represent huge opportunities to operate in new
sectors that were previously the traditional realm of the government.
For citizens and residents, the policy agenda signals a new era in
accountability, transparency and government performance.
The agenda is expected to enhance the spirit of
teamwork among government departments, improving government performance
and improving the quality of services delivered to residents of the
emirate, as well as strengthening Abu Dhabi's ability to attract inward
investment.
The process of administrative reform got under way
in late 2004, following the election of HH Sheikh Khalifa as President,
with a restructuring of the government of Abu Dhabi. Following the
election of HH Sheikh Mohammed bin Rashid as Vice President and his
appointment as UAE Prime Minister in early 2006, after his succession as
Ruler of Dubai, the process was then rolled out throughout the
country.
One initial step was designed to enhance public
participation in government, through the introduction of indirect
elections to the country's parliament, the Federal National Council
(FNC). The changes were first announced by HH Sheikh Khalifa bin Zayed
Al Nahyan, in his statement on National Day, 2 December 2005. Formerly
the 40 members of the FNC, drawn from each of the seven emirates on the
basis of their population, were appointed by the rulers but under the
new reforms, each ruler selected an Electoral College for his emirate,
with its members amounting to at least 100 times the number of FNC
members for the emirate, (eight each for Abu Dhabi and Dubai, six each
for Sharjah and Ra's al-Khaimah, and four each for Fujairah, Ajman and
Umm al-Qaiwain). The Colleges were then given the responsibility of
electing half of the FNC members for their emirate, with the remaining
half being appointed by the ruler.
The process got under way in August 2006, with the
issuing of a decree by the president that spelt out the new procedures
and also established a National Electoral Committee, headed by the
Minister of State for FNC Affairs, a post created in the Cabinet
reshuffle in February.
The selection of the Electoral Colleges was
completed by the autumn, with active campaigns then being commenced by
those members who sought to win election to the Council. The elections
themselves, late in the year, saw a respectably high turnout, with one
woman being among the successful candidates. Once the remaining seats
for each emirate had been filled by nomination from the rulers, the new
Federal National Council had nine women amongst its 40 members,
representing 22.5 per cent of the total, an indication of the way in
which the UAE's women are expanding their participation in all levels of
government and political society. The system of indirect elections now
in operation is perceived as being only a first stage in the reforming
of the FNC's role in government. In an interview published after the
issuing of the August decree, the Minister of State for FNC Affairs said
that the move reflected the need to reform and to modernise the system
of government. He also noted that the introduction of indirect elections
was only the first phase of a process designed to enhance the role
played by the FNC in the process of government.
Other steps planned for the future include a
strengthening of the legislative and legal powers of the FNC and the
development of more effective and more viable channels of coordination
between the FNC and the executive authorities, like the Cabinet, as well
as an expansion of the number of FNC members, to reflect the increase in
the number of the country's citizens, now many times larger than it was
when the UAE was founded in 1971.Consideration is also being given to
the introduction of an electoral process at local level, although no
timetable has yet been announced for this.
The member emirates of the UAE were known until 1971
as the Trucial States, each having had separate treaty relationships
with Britain. The federal state is 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 that 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 already had its own
existing institutions of government prior to 1971 and, to provide for
the effective governing of the new state, the rulers agreed to draw up a
provisional Constitution specifying the powers that were to be allocated
to the new federal institutions, all others remaining the prerogative of
the emirates.
Areas of responsibility assigned to the federal
authorities, under Articles 120 and 121 of the Constitution, were
foreign affairs, security and defence, nationality and immigration
issues, education, public health, currency, postal, telephone and other
communications 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. 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'.
In May 1996, the Federal Supreme Council approved
two amendments to the provisional Constitution, making it permanent and
naming Abu Dhabi as the capital of the state.
The federal system of government includes 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.
During their initial discussions on forming a
federation, the rulers of the seven emirates agreed that each of them
would be a member of a Supreme Council, the top policy-making body in
the new state and that they would elect a President and a Vice President
from amongst their number, to serve for a five-year, renewable, 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 was re-elected at
successive five-yearly intervals until his death in November 2004, while
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. Both were succeeded by their Crown Princes, who became rulers of
their emirates and were elected by the members of the Federal Supreme
Council to become respectively President, for the Ruler of Abu Dhabi, HH
Sheikh Khalifa bin Zayed Al Nahyan, and Vice President, for the Ruler of
Dubai. Sheikh Rashid's successor as Vice-President, Sheikh Maktoum, died
in early 2006, and was succeeded as ruler by his younger brother and
Crown Prince, Sheikh Mohammed bin Rashid, who was then elected as the
UAE's third Vice President.
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Supreme Council Members
HH President Sheikh Khalifa bin Zayed Al Nahyan, Ruler of
Abu Dhabi
HH Vice-President and Prime Minister Sheikh Mohammed bin Rashid
Al Maktoum, Ruler of Dubai
HH Dr Sheikh Sultan bin Mohammed Al Qasimi, Ruler of Sharjah
HH Sheikh Saqr bin Mohammed Al Qasimi, Ruler of Ra's
al-Khaimah
HH Sheikh Hamad bin Mohammed Al Sharqi, Ruler of Fujairah
HH Sheikh Humaid bin Rashid Al Nuaimi, Ruler of Ajman
HH Sheikh Saud bin Rashid Al Mu'alla, Ruler of Umm al-Qaiwain, Ruler of Umm
al-Qaiwain
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Crown Princes
HH General Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince
of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces,
Chairman of Abu Dhabi Executive Council
HH Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of
Dubai and Chairman of Dubai Executive Council
HH Sheikh Sultan bin Mohammed Al Qasimi, Crown Prince and Deputy Ruler
of Sharjah, Chairman of Sharjah Executive Council
HH Sheikh Saud bin Saqr Al Qasimi, Crown Prince and Deputy Ruler of Ra's
al-Khaimah
HH Sheikh Mohammed bin Hamed Al Sharqi, Crown Prince of Fujairah
HH Sheikh Ammar bin Humaid Al Nuaimi, Crown Prince of Ajman
HH Sheikh Rashid bin Saud bin Rashid Al Mu'alla, Crown Prince of Umm al-Qaiwain
Deputies of the Rulers
HH Sheikh Hamdan bin Rashid Al Maktoum, Deputy
Ruler of Dubai, Minister of Finance and Industry
HH Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of
Dubai
HH Sheikh Ahmed bin Sultan Al Qasimi, Deputy Ruler of Sharjah
HH Sheikh Abdullah bin Salim bin Sultan Al Qasimi, Deputy Ruler of Sharjah
HH Sheikh Sultan bin Saqr Al Qasimi, Deputy Ruler of Ra's al-Khaimah
HH Sheikh Hamad bin Saif Al Sharqi, Deputy Ruler of Fujairah
HH Sheikh Abdullah bin Rashid Al Mu'alla, Deputy Ruler of Umm al-Qaiwain
The Federal Supreme Council has both
legislative and executive powers. It ratifies federal laws and decrees,
plans general policy, approves the nomination of the Prime Minister and
accepts his resignation. It also relieves him of his post on the
recommendation of the President.
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 the 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 ministers, 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.
A 24-member Cabinet was appointed on 11 February
2006, according to the proposal of Vice President HH Sheikh Mohammed bin
Rashid Al Maktoum, who had been requested to form a new Government
following his accession as Ruler of Dubai and election as Vice-President
the previous month. This Cabinet was reshuffled on 17 February 2008 to
include a new portfolio for foreign trade and the realignment of several
ministries of state.
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Members of the Cabinet
Prime Minister and Minister of Defence: Vice President HH Sheikh Mohammed bin Rashid Al Maktoum
Deputy Prime Minister and Minister of Interior: HH Lt Gen. Sheikh Saif bin Zayed Al Nahyan
Deputy Prime Minister and Minister of Presidential Affairs: HH Sheikh Mansour bin Zayed Al Nahyan
Minister of Finance: HH Sheikh Hamdan bin Rashid Al Maktoum
Minister of Interior: HH Lt Gen. Sheikh Saif bin Zayed Al Nahyan
Minister of Foreign Affairs: HH Sheikh Abdullah bin Zayed Al Nahyan
Minister of Higher Education and Scientific Research: Sheikh Nahyan bin Mubarak Al Nahyan
Minister of Public Works: Sheikh Hamdan bin Mubarak Al Nahyan
Minister of Foreign Trade: Sheikha Lubna Al Qasimi
Minister of Cabinet Affairs: Mohammed Abdullah Al Gargawi
Minister of Energy: Mohammed bin Dha'en Al Hamili
Minister of Economy: Sultan bin Saeed Al Mansouri
Minister of Social Affairs: Mariam Mohammed Khalfan Al Roumi
Minister of Health: Dr Hanif Hassan Ali
Minister of Education: Humaid Mohammed Obaid Al Qattami
Minister of Culture, Youth and Community Development: Abdul Rahman Mohammed Al Owais
Minister of Justice: Dr Hadef bin Jua'an Al Dhaheri
Minister of Environment and Water: Rashid Ahmed bin Fahad
Minister of Labour: Saqr Ghobash Saeed Ghobash
Minister of State for Foreign Affairs and Minister of State for Federal National Council Affairs: Dr Mohammed Anwar Gargash
Minister of State for Financial Affairs: Obaid Humaid Al Tayer
Minister of State: Dr Maitha Salem Al Shamsi
Minister of State: Dr Khalifa Bakheet Al Falasi
Minister of State: Reem Ibrahim Al Hashimi
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FEDERAL NATIONAL
COUNCIL
The Federal National Council (FNC) is drawn
from the emirates on the basis of their population. As noted above, this
body, initially wholly-appointed, has, since late 2006, had half of its
members chosen through a process of indirect elections.
Day-to-day operation of the FNC is governed by
standing orders based on the provisions of Article 85 of the
Constitution, first issued in 1972 and subsequently amended by Federal
Decree No. 97, 1977. The FNC plays an important role in 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. It is responsible for examining, and amending, if
necessary, all proposed federal legislation, and may summon and question
any federal minister regarding ministry performance. 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-Haj bin Abdullah Al Muhairbi
Mohammed Khalifa Al Habtoor
Saeed Mohammed Al Kindi
Abdul Aziz Al Ghurair (elected 2006)
With its membership now partially elected, the
Council is currently adopting a more proactive role. In the long term,
the objective is that it will become a wholly-elected body, although
here, as elsewhere, a cautious, step-by-step approach is being followed
in the process of reform.
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.
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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 inter-emirate disagreements and disputes between the
Federal Government and the emirates.
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LOCAL
GOVERNMENT
Parallel to, and interlocking with, the
federal institutions, each of the seven emirates also has its own local
government. All have expanded significantly as a result of the country's
growth over the last 35 years, though they differ in complexity from
emirate to emirate, depending on factors such as population, area, and
degree of development.
The largest and most populous emirate, Abu Dhabi,
has its own central governing organ, the Executive Council, chaired by
the Crown Prince, Sheikh Mohammed bin Zayed Al Nahyan, under which there
are a number of separate departments, equivalent to ministries. A number
of autonomous agencies, such as the Environmental Agency Š Abu Dhabi
(EAD) also exist, with clearly specified powers. The emirate is divided
into two regions, the Western Region and the Eastern Region, headed by
RulerÕs Representatives, and there is also a Ruler's Representative on
the important oil terminal island of Das. The main cities, Abu Dhabi and
Al Ain, are administered by municipalities, each of which has a
nominated municipal council, these coming under the Department of
Municipalities and Agriculture, while a new municipal authority has been
created for the Western Region.
Abu Dhabi's National Consultative Council, chaired
by a Speaker, and with 60 members selected from among the emirate's main
tribes and families, undertakes a role similar to that of the FNC on a
country-wide level.
Both Dubai and Sharjah also have an Executive
Council, and Sharjah a Consultative Council, to cover the whole emirate,
while Sharjah, with 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. A similar pattern of municipalities,
departments and autonomous agencies can be found in each of the other
emirates.
In smaller or more remote settlements, the ruler 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 authority derives both from their fellow tribesmen and
from the confidence placed in them by the ruler, an example of the way
in which leaders within the traditional system have become involved
with, and lend legitimacy to, the new structures of government.
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FEDERAL AND LOCAL GOVERNMENT
The powers of the various federal institutions
and their relationship with the separate local institutions have evolved
and changed since the establishment of the state. Under the terms of the
Constitution, rulers may relinquish certain areas of authority to the
Federal Government, one 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 Arab
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 favour of the Federation.
In line with the development that has taken place
since the foundation of the state, the organs of federal and local
government have also developed, and they now affect almost all aspects
of life, for both UAE citizens and expatriates.
The relationship between the federal and local
systems of government continues to evolve. As the smaller emirates have
benefited from significant development in terms of, for example,
education, so they have been able to recruit personnel to offer local
government services that had once been handled on their behalf by
federal institutions. At the same time, in other areas, such as the
judiciary, there has been a 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.
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TRADITIONAL GOVERNMENT
Traditionally, the ruler of an
emirate, the sheikh, was the leader of the most powerful, though not
necessarily the most populous, tribe, while each tribe, and often its
sub-sections, also had a chief or sheikh. These maintained their
authority only insofar as they were able to retain the support of their
people, in essence a form of direct democracy. Part of that process 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, which may be ideally suited
to small societies, becomes more difficult to maintain as populations
grow, while the increasing sophistication of government administration
means that many people now find it more appropriate to deal directly
with these institutions on most matters, rather than to seek to meet
personally 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 institution of the majlis
maintains its relevance. In larger emirates, not only the ruler, but
also a number of other senior family members, continue to hold open
majlises (or majalis), in which participants may raise a wide range of
topics, both of personal interest and of broader concern.
In smaller emirates, the majlis of the ruler
himself, or of the crown prince or deputy ruler, remains the main focus.
The Ruler of Fujairah, for example, holds an open majlis at least once a
week, attended by both citizens and expatriates. To these majlises come
traditionally minded tribesmen who may have waited months for the
opportunity to discuss with their ruler directly, rather than pursuing
their requests or complaints through a modern governmental structure.
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 routine matters now being
dealt with by the modern institutions, traditional institutions, like
the majlis, have been able to focus on more complex issues out of which
a consensus approach may emerge that is then subsequently reflected in
changes in government policy.
Through such means, the well-tested traditional
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 role in the evolution of the state today.
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A BALANCED APPROACH
When the rulers of the emirates met 35 years
ago to agree on the forms of government for their new federal state,
they deliberately chose not simply to copy from others but, instead, to
work towards a society that would offer the best of modern
administration, while 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, proof of that being the smooth transition that
occurred, in Government and throughout the country, following the death
of the Federation's founder, Sheikh Zayed bin Sultan Al Nahyan.
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