Advisory Council’s civil role and duty Monday, 03 May 2010 20:08

After several calls for the abolition of high tariffs on private and professional associations in order to properly support them, it is surprising that the Cabinet recently approved a draft law amending some provisions of Law No. 12 for the year 2004 on private associations and institutions demanding that their minimum capital is not less than QR 10 million.

These private institutions are nothing more than civil society groups, and, within the same amendment of the Law, the institutions were characterized as a group of several civil or legal persons who share a common humane, social, cultural, scientific, professional, or charitable activity whose purpose is non-profit and non-political.

With the amendment to this Law, can civil society groups establish themselves in the country? How are professional associations expected to be able to develop, assemble, and defend the rights of their members under these circumstances?

Prior to the Act’s amendment requiring associations to acquire QR 10 million minimum, it was required for a professional association to pay a fee of QR50,000, an annual fee of QR 10,000, and an additional fee of QR50,000 after three years for licence renewal. All of these expenses were to be paid from associations that are merely founding groups from the community that share a common enthusiasm motivating them to be publicly active, and the dream to establish a nucleus for their professions, brings together its members, discussing their issues and development.

In the past, there were several complaints over the burden of the QR 50,000 that must be paid on a continuous basis every three years, the annual fee of QR 10,000, in addition to fees associated with leasing and furnishing headquarters, as well as acquiring equipment. These associations were not for profit, nor marketing commercial goods, yet the Law required them to independently fund activities, prohibiting them from receiving governmental grants even though they deserved such support. There is nothing more appropriate than state support in supporting the survival of these associations, yet rather than alleviating the burdens and restrictions, QR 10 million riyals has been enacted as an even higher barrier.

The Amendment to the Act prohibits any of these professional associations and their members to strike against work or to advocate, incite, or participate in such, nor publish statements unrelated to their profession, or take part in politics. According to Rule 31, the associations are not permitted to take part in the enrollment, participation of, or accession to any association, body, or club outside of the State. In addition, the associations may not send or receive any loans, grants, donations, endowments, or any other funds from any individual, association, body, club based outside of Qatar until obtaining written approval from the Ministry, and sending a copy of receipt to the Ministry, indicating the names and addresses of senders and recipients.

Further, under Article 32, the associations’ assembly is subject to ministerial supervision in order to verify their conformity with the Statute of Assembly. Even after the adoption of these mandates, the associations still do not meet the approval, trust, and confidence of the State, nor are they incorporated under its umbrella as autonomous entities, complimentary to state institutions.

These private associations aim only to serve their community through their professional, intellectual, or social background, no different than the various sports associations that enjoy lavish governmental support and the blessing of the State. Is the development of the body more important than that of the mind? Can any modern society in the third world evolve to face the world without entrusting the formation of a formidable civil society, and the establishment of private associations?

The matter is now, in accordance with the provisions of the Constitution, in the hands of the Shura Council members, who have referred it to the Committee on Legal and Legislative Affairs for examination.

The question now is: What will be the position of the Shura Council? Will they support the approval of the Council of Ministers? Or will they take on the spirit of their role in representing the civil population? Therefore, the Shura Council is urged to play its role and take on its duty to defend freedom of expression and society’s right to breathe through its institutions, and raise a generation that can take responsibility, and act toward the nation’s growth and development.

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