This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 03 DOHA 002022 
 
SIPDIS 
 
FOR NEA/ARPI, NEA/RA 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KDEM QA
SUBJECT: QATAR: FIRST STEPS TOWARD THE FREEDOM TO ASSOCIATE 
 
 
¶1. Summary. In the one year that has passed since the 
enactment of the Law for Societies and Private Foundations, 
only three private societies have received permission to 
form. Applicants for private status are critical of an 
application process that is lengthy, convoluted, and laden 
with restrictive requirements. While the numerous legal 
restrictions reflect a desire on the part of the government 
of Qatar to carefully control the growth of civil society 
organizations in the country, the fact that citizens now have 
the option to form professional associations can be seen as a 
nascent step toward democratic reform. End Summary. 
 
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The Law Regulating the Freedom of Association 
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¶2. Article 45 of the constitution provides for the "freedom 
to establish societies according to the conditions and 
circumstances to be laid down by the law." In May 2004, in 
fulfillment of this constitutional provision, the Emir 
approved Law No. 12 of 2004 to replace Law 8 of 1998. Law No. 
12, the Law for Societies and Private Foundations, came into 
force on November 9, 2004. For the first time in Qatar's 
history, citizens were granted the right to establish 
professional associations and non-Qataris were conditionally 
allowed to join them. The law defines society as a group of 
persons coming together to perform humanitarian, social, 
cultural, scientific, professional or charitable activities. 
A professional association is defined as a society that 
encompasses persons of one profession. Since the enactment of 
Law No. 12 over one year ago, nineteen requests to form new 
societies and professional associations were submitted to the 
Ministry. Three requests were approved: a bar association, 
the Gulf Studies Center and a Japan-Qatar Friendship 
Association. The applications of journalists, engineers, 
teachers, doctors, accountants, oil engineers and others 
remain pending. They are either still under review at the 
Ministry or at the Cabinet for approval. 
 
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The Limits and Reach of the Law 
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¶3. The freedom to establish private societies and 
professional associations has been long anticipated and is 
considered by many as a positive sign of democratic reform in 
Qatar. However, Law No. 12 places limits on the freedom to 
form societies and associations, by imposing conditions on 
their establishment, management, functioning and finance, as 
well as prohibiting them from engaging in political matters. 
Further, the Ministry of Civil Service Affairs and Housing 
(Ministry), which issued the law, can disallow the formation 
of any society if deemed a threat to the public interest. 
 
¶4. Those wishing to form professional associations must pay 
approximately $14,000 in licensing fees and $2,700 in annual 
fees. Permits are valid for three years, after which they 
must renew their license and pay the same fees. Those whose 
applications are rejected may appeal to the Minister of Civil 
Service Affairs and Housing. The Minister has thirty days to 
submit the complaint and his recommendation to the 
ministerial cabinet, which will make a determination. The 
decision of the cabinet is final and cannot be appealed to 
the courts. Finally, members of professional associations are 
barred from striking or issuing statements not related to 
their profession. 
 
¶5. The law stipulates a minimum of twenty Qatari citizens 
over the age of 18 for establishing a society. The law allows 
for the participation of non-citizens in cases in which their 
participation is deemed necessary to the work of the 
organization. In those instances, the prime minister must 
approve their participation based on the recommendation of 
the minister of Civil Service Affairs and Housing, and the 
number of non-citizen participants cannot exceed twenty 
percent of the total membership of the society. 
 
¶6. Societies must hold annual board of director meetings. 
Societies must provide the Ministry with seven days' notice 
before scheduling a general assembly meeting and the Ministry 
has the right to re-schedule the date of the meeting and to 
send a representative to attend it. If a general meeting is 
not convened, the law confers upon the Ministry the authority 
to call one. The law also stipulates that the approval of the 
Ministry is required before a general assembly meeting can be 
held away from a society's headquarters. It prohibits members 
from discussing issues that are not on the agenda during 
general assembly meetings. 
 
¶7. The law also gives the Ministry fiduciary oversight of 
societies and requires each society to provide the Ministry 
with a yearly report of its accounting records and budget. 
Further, societies cannot affiliate with groups outside 
Qatar, nor receive loans, grants or donations from foreign 
entities unless it has received written approval from the 
Ministry. 
 
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Over Simplification or Depoliticization? 
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¶8. In May 2005, in response to confusion over application 
procedures, the Ministry issued a decree intended to simplify 
the application process. The Minister authorized the issuance 
of a unified application form or "foundation document" for 
applicants to submit along with the other required or 
supporting documents. Prior to this decree, no form existed 
to collect or process all the required information. Some 
applicants say that the new form fails to take into 
consideration the diverse mandates and activities of 
professional associations by imposing the same strict 
requirements for all applicants. This is particularly the 
concern of lawyers and journalists wishing to form 
professional associations. They view the stipulation barring 
associations from engaging in political matters to be in 
direct conflict and injurious to the very purpose of their 
profession. They have raised this concern to the Minister and 
are awaiting his response. (Comment. The fact that the 
application for the journalists' association is still pending 
seems to indicate that the Ministry is still grappling with 
this issue. End Comment.) 
 
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One Year and Counting: Reactions to Law No. 12 
--------------------------------------------- - 
 
¶9. In the year since the enactment of Law No. 12, Embassy 
officers met with numerous individuals and groups intent on 
forming professional associations to monitor their experience 
and progress in applying for a permit. Meetings were held 
with members from the bar association and Gulf Studies 
Center, both of which recently received approval to form 
private societies, and the journalists' association, whose 
application is still pending. The remarks of the applicants 
were echoed throughout the various meetings, as all seemed to 
share similar concerns and experiences. 
 
¶10. Frustration with requirements that often seemed 
contradictory to the implied intent of the law and confusion 
over a process that was not always clear and straight forward 
were recurring themes. Applicants observed that some of the 
requirements for establishing societies and associations 
hampered the application process and warned that they would 
weaken the function and performance of professional 
associations. Some also maintained that the fees imposed for 
the establishment and renewal of professional associations 
had to be reconsidered, stating the fees were prohibitive. 
 
¶11. Another issue presenting difficulties to applicants 
includes that of the participation of foreign nationals in 
these professional associations. The founding member of the 
journalists' association expressed concern that limiting 
membership on the basis of nationality would create hardship 
for associations such as his. Qatari journalists are 
hard-pressed to find the required twenty Qatari individuals 
needed to establish an association. They are further 
constrained by the cap of twenty percent for the membership 
of foreign nationals. The founding member of the journalists' 
association is requesting a waiver of this cap, arguing that 
in light of the limited number of Qataris in the field, the 
cap would make it difficult to organize under the law. 
 
¶12. Notwithstanding criticisms of the law and its 
requirements, the applicants expressed their willingness to 
comply with its requirements in order to establish 
professional associations in Qatar. Some commented that the 
government is keen on having these societies and associations 
as they represent evidence of progress on their path towards 
democracy. Others highlighted the need for awareness 
campaigns to explain the activities of the associations and 
the advantages of membership to Qataris, stating that Qatari 
society is laregly unaware of the need and purpose of civil 
society organizations. 
 
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What Next? 
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¶13. A recent discussion with the founding members of the 
newly formed bar association provided insight into their 
goals and plans. When queried whether the bar association 
intended to have a voice in the drafting and enactment of 
legislation, the members observed that in general lawyers 
were never consulted on draft legislation.  However, the 
members stated that pushing for the right of the bar 
association to be consulted in the drafting of new 
legislation and calling for legislative amendments topped the 
agenda of the new association. 
 
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Comment 
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¶14. The establishment of three private societies is clearly a 
positive step on Qatar's path to democratic reform. The fact 
that it has taken more than one year for three societies to 
receive permission to organize however, seems to indicate a 
wariness on the part of the government in pushing full steam 
ahead on this issue. Yet, it is also illustrative of the 
government's pattern to take a cautionary, if not a 
preventive approach, when drafing new legislation. The desire 
for political reform will be balanced with preserving the 
power of the ruling regime and protecting the rights of 
Qatari citizens. The government's commitment to establishing 
these private societies will be further tested in the coming 
months when the decisions are taken on the remaining 
applications. 
MCGEHEE