UNITED ARAB EMIRATES: GOVERNMENT AND POLITICS

GOVERNMENT AND POLITICS



Overview: The UAE is a federation of seven self-governing emirates. The constitution, which was made permanent in 1996, specifies that all powers not specifically allocated to federal institutions remain the prerogative of the individual emirates. In November 2004, Sheikh Zayid ibn Sultan Al Nuhayyan, president of the UAE and ruler of Abu Dhabi since the UAE declared its independence from Britain in 1971, died. In a smooth transition of power, his son, Sheikh Khalifa ibn Zayid Al Nuhayyan, who had been the crown prince of Abu Dhabi for more than 30 years, was named his successor. Sheikh Khalifa’s half-brother, Sheikh Mohammed ibn Zayid Al Nuhayyan, succeeded him as crown prince of Abu Dhabi. The ruler of Dubai, Sheikh Maktum ibn Rashid Al Maktum, held the post of prime minister and vice president until his death on January 4, 2006. The following day, the UAE Supreme Council of Rulers named Sheikh Mohammed ibn Rashid Al Maktum, Sheikh Maktum’s brother and immediate successor as ruler of Dubai, to be UAE vice president and prime minister. In February 2006, a new Council of Ministers was formed, with various ministries reorganized, several new ministries created, and the second woman cabinet member named.



Abu Dhabi has been historically, and remains today, the politically predominant emirate because of its size, population, hydrocarbon wealth, portfolio of overseas assets (estimated at US$225–US$250 billion in 2005), and large budget exceeding that of the UAE government. The emirate of Dubai holds a secondary position by virtue of being the hub of private-sector activity. The UAE has neither democratically elected institutions nor political parties.



Constitution: In December 1971, the federation of six Trucial Coast states, later joined by the seventh, agreed on a provisional federal constitution, which was to expire after five years, at which point a formal constitution would be drafted. However, the provisional constitution was renewed periodically until May 1996, when legislation to make it permanent was endorsed by the legislature (Federal National Council), following approval by the Supreme Council of Rulers (rulers of the seven emirates). In addition to the Federal National Council and the Supreme Council of Rulers, the constitution provides authority for the president and vice president of the union, the cabinet (Council of Ministers), and the federal judiciary, and specifies the powers allocated to these institutions. Under the constitution, sharia, Islamic religious law, is a principal source for law. The permanent constitution also names Abu Dhabi as the capital of the state.



Branches of Government: The highest federal authority is the Supreme Council of Rulers, consisting of the rulers of the seven emirates. This body elects the president (who has always been the ruler of Abu Dhabi) and the vice president (who has always been the ruler of Dubai). The president appoints the prime minister and Council of Ministers. The Federal Supreme Council is vested with legislative as well as executive powers. It ratifies federal laws and decrees, plans general policy, and may relieve the prime minister of his post on the recommendation of the president.



The legislature is the Federal National Council. This body, which under the constitution has responsibility for examining and amending proposed federal legislation, functions only as a consultative assembly. It comprises 40 members appointed by the emirates for a two-year term. The most populous emirates, Abu Dhabi and Dubai, have the most members (eight each); Sharjah and Ras al Khaymah have six members each, and the remaining emirates have four members each. On December 1, 2005, President Khalifa announced that at a future unspecified date half the members of the Federal National Council would be elected by a council formed by the emirates; the remaining half would be appointed.



The federal judiciary encompasses all of the emirates except Dubai and Ras al Khaymah, which have their own local and appellate courts. The UAE has a dual system of sharia courts (administered by each emirate) for criminal and family law matters and secular courts for civil law matters. Sharia courts act in accordance with interpretations of Islamic law but are accountable to the secular Federal Supreme Court. In civil matters, the lowest courts are the courts of first instance, which hear all claims ranging from commercial matters to maritime disputes. Each emirate has a Federal Appeal Court. The highest court of appeal is the Court of Cassation, also known as the Federal Supreme Court; it is located in Abu Dhabi and consists of five judges appointed by the Supreme Council of Rulers. This court is empowered to adjudicate disputes between emirates or between the federal government and individual emirates, and to determine the constitutionality of local and federal laws. The emirates of Dubai and Ras al Khaymah do not refer cases to the Federal Supreme Court for judicial review but do maintain liaison with the Ministry of Justice.



The constitution provides for an independent judiciary. However, because judicial decisions are subject to review by the executive branch and justices are predominantly expatriates who can be deported, the judiciary is not viewed as independent by the U.S. government. Noncitizen Arabs, who constitute approximately 50 percent of the federal judiciary, serve at the discretion of the government, whereas citizens generally hold permanent judicial positions. Women are barred from serving in the judiciary. The majority of public prosecutors are citizens.



Administrative Divisions: The UAE is a federation of seven emirates—Abu Dhabi (Abu Zaby), Ajman, Al Fujayrah, Dubai (Dubayy), Ras al Khaymah, Sharjah (Ash Shariqah), and Umm al Qaywayn.



Provincial and Local Government: Each of the seven emirates has its own government, which functions in tandem with the federal government. The largest and most populous emirate, Abu Dhabi, has its own central governing body, the Executive Council, chaired by the crown prince; the Eastern and Western Regions and the island of Das are headed by a ruler’s representative. Municipalities administer the main cities, each of which has a municipal council. The National Consultative Council functions like the Federal National Council. Local departments carry out various administrative functions. A similar system of municipalities and departments exists in the other emirates.



Judicial and Legal System: Under the UAE’s constitution, sharia, Islamic religious law, is a principal source for law. It generally applies to all criminal and family law matters, but in criminal cases the Penal Code may be applied if evidence required by sharia is found to be insufficient. There is no formal system of bail, and defendants have the right to legal counsel only after the police have completed their investigation. Defendants are presumed innocent until proven guilty and have the right to a fair public trial but not necessarily a speedy trial. All trials are conducted before judges rather than juries; trials involving national security (which are heard only by the Federal Supreme Court) and public morality issues are not public. Each court has an appeals process. The military court system is independent of other courts and is used only to try military personnel.



Electoral System: The UAE does not have a system of popular elections; the Federal Supreme Council elects the country’s rulers.



Politics and Political Parties: Political parties are prohibited in the UAE.



Mass Media: The government-owned Emirates Media publishes Al Ittihad newspaper and owns Abu Dhabi’s radio and television stations. Another newspaper, Al Bayan, is also government owned, as are most television and radio stations. The country’s largest English- and Arabic-language newspapers, Al Khaleej and Gulf News, are privately owned. By law, the Ministry of Information licenses all publications and approves the appointment of editors. Laws also govern press content and proscribed subjects.



Limits on media freedom are being challenged by the establishment of Dubai Media City (DMC), a free zone intended to attract media and marketing services, business and information services, news media, and multimedia/Internet, as well as publishers, broadcasters, music companies, and production firms. In addition to tax benefits, companies locating there have been guaranteed that the government will not censor their news and information content, provided certain relatively liberal guidelines of taste and propriety are met. In 2005 more than 550 media companies were based at the DMC.



Foreign Relations: In 1981, mainly in response to the threat to regional security posed by the Iran-Iraq War (1980–88), the UAE joined with Saudi Arabia, Kuwait, Bahrain, Qatar, and Oman to form the Cooperation Council for the Arab States of the Gulf, now the Gulf Cooperation Council (GCC). The GCC works to foster greater political, social, and economic integration among Gulf countries and increasingly has focused on improving member states’ defense capabilities. The UAE is a member of the United Nations (UN) and the Arab League and has established diplomatic relations with more than 60 countries, including the United States, Japan, China, and most West European countries.



Since 1970, when petroleum exploration began, tensions have existed between the UAE and Iran over the sovereignty of Abu Musa, an island situated between the two countries in the Strait of Hormuz. In 1992, after 20 years of joint control, Iran seized civilian installations on the island and later claimed sovereignty over this island, as well as Greater Tunb and Lesser Tunb. Efforts by the GCC to resolve the dispute failed, and in 1996 Iran opened an airport on Abu Musa and established a power station on Greater Tunb. In December 1999, after numerous attempts to negotiate a settlement through a tripartite committee established by the GCC, the UAE renewed its request for Iran to either enter into direct negotiations or agree to international arbitration. The following year, the UAE stated that it would refer the issue to the GCC committee. In December 2005, GCC leaders reiterated their support for the UAE’s sovereignty claim and urged Iran to negotiate a peaceful settlement, possibly with the aid of the International Court of Justice.



In 1990 the UAE opposed Iraq’s occupation of Kuwait and provided foreign armed forces opposing the Iraqi invasion with military facilities in the emirates. In 1997, however, the UAE provided humanitarian aid to Iraq, and the following year it expressed opposition to the economic blockade against Iraq and announced that diplomatic ties would be restored. Although the UAE reopened its embassy in the Iraqi capital in April 2000, in that same year it lent support to a GCC declaration that urged Iraq to comply with UN resolutions. This endorsement may have been given to gain GCC support for the UAE in its territorial dispute with Iran. In March 2003, the UAE supported the Arab League resolution pursuant to which member states agreed not to participate in the United States-led campaign in Iraq, but once the conflict began, the UAE agreed to allow U.S. Air Force personnel and combat aircraft to be stationed at Al Dhafra Air Base in Abu Dhabi. The UAE subsequently provided additional humanitarian aid to Iraq and in January 2004 agreed to write off most of Iraq’s US$3.8 billion debt.



In response to the attacks of September 11, 2001, the UAE severed diplomatic relations with the Taliban regime in Afghanistan and, together with other GCC members, pledged support for U.S. efforts to bring to justice the perpetrators of the attacks. The UAE did, however, state that it wanted U.S. efforts to be linked to a resumption of the Arab-Israeli peace process. In March 2002, after the defeat of the Taliban and the installation of an interim Afghan government in its place, the UAE reopened its embassy in Kabul. Although the UAE continues to be pro-Western, developments in the Gulf region, particularly the war in Iraq and the threat of U.S. action against Iran, remain a serious concern, and regional issues are the focus of the UAE’s foreign policy.



Membership in International Organizations: In 1981 the UAE was a founding member of the Cooperation Council for the Arab States of the Gulf, known today as the Gulf Cooperation Council, or GCC. The UAE is a member of the United Nations (UN) and many of its affiliates and specialized agencies—Food and Agriculture Organization, International Civil Aviation Organization, International Fund for Agricultural Development, International Labour Organization, International Maritime Organization, International Telecommunication Union, UN Conference on Trade and Development, UN Educational, Scientific and Cultural Organization, UN Industrial Development Organization, Universal Postal Union, and World Health Organization. The UAE is also a member of the Arab Bank for Economic Development in Africa, Arab Fund for Economic and Social Development, Arab League, Group of 77, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Criminal Court (signatory), International Criminal Police Organization, International Federation of Red Cross and Red Crescent Societies, International Finance Corporation, International Hydrographic Organization, International Monetary Fund, Multilateral Investment Guarantee Investment Agency, Organisation for the Prohibition of Chemical Weapons, Organization of Arab Petroleum Exporting Countries, Organization of the Islamic Conference, Organization of the Petroleum Exporting Countries, World Intellectual Property Organization, World Meteorological Organization, World Tourism Organization, and World Trade Organization.

Major International Treaties: The UAE is a signatory to various international agreements on aviation, sale of defense articles and services, security of military information, investment guaranties, mapping, postal matters, taxation, and trade in textiles. The UAE is a Non-Annex I country under the United Nations Framework Convention on Climate Change. The UAE is not a signatory to the Kyoto Protocol, but has acceded to it, which has the same legal effect as ratification. The UAE is a signatory to the Nuclear Non-Proliferation Treaty and a party to the Chemical Weapons Convention; it has signed but not ratified the Biological Weapons Convention. The UAE is also a party to environmental conventions on Desertification, Endangered Species, Hazardous Wastes, Marine Dumping, and Ozone Layer Protection.