April/May 1992, Page 42

Special Report

Saudi Arabia's New Basic Law

By Michael Collins Dunn

Press reports on the announcement in late February of Saudi Arabia's new basic law, Consultative Council and provincial administration system focused on the Council and on the new rules concerning succession to the throne. But the package of three royal decrees issued together as a whole is in some ways even more important. For the first time, the Kingdom of Saudi Arabia has a written description of how the Kingdom functions, of the branches of government, and of the evolution of legislation.

For many years, Saudis have insisted that the Qur'an and the Sunna of the Prophet Muhammad are the only constitution of their state, so they have not used the word constitution to describe the inter-linked documents released in late February. Instead they have referred to the "basic system" or "basic structure." But this is a distinction without a difference. The basic document is a constitution in all but name.

That may not seem so innovative to Westerners. After all, almost every country has a constitution, observed or not. But Saudi Arabia was different. Everything was done by tradition and by consensus among the Royal Family. Now there is on paper a description of how things are supposed to work.

A long history led to its creation. After conquering Mecca in 1924, King Abdul Aziz Al Saud, founder of the modern Saudi state, promised to introduce a constitution and a Consultative Council (Majilis al-Shura). The Council was created in 1926. It gradually faded away. The Constitution never appeared.

In November 1962, Crown Prince Faisal-who had taken over executive power from his brother King Saud-promised a program of reforms, including a Consultative Council and a basic law, but they were not implemented. In 1980, after the Sacred Mosque in Mecca had been occupied by radicals, Crown Prince Fahd (today's king) pledged anew that such a Council would be formed. During the Gulf crisis, he renewed the pledge.

Pressure from liberal reformers was not the only motive. The conservative religious establishment also was pushing for a Consultative Council, which would allow the religious classes some say in governing.

What appeared on Feb. 29, 1992 were three documents: a basic structural law, a Consultative Council law and a law on reorganizing provincial administration.

The basic structural law states that the Kingship will be vested in "the sons of King Abdul Aziz. . . and the sons of the sons," with the best qualified among them to be king. This opens up both the succession and the consultation process over the line of succession to the younger princes. Some of the most talented younger princes already exercise considerable authority, but have no real say in determining the line of succession, or hope of ruling themselves. That, at least theoretically, now is changed.

The basic document is a constitution in all but name.

The other surprising element was the declaration that the king may choose his own crown prince, and remove him. Although some saw this as a potential threat to the role of Crown Prince Abdullah, on the same day that the documents were released it was announced that Fahd had chosen to retain Abdullah as heir apparent. In the past, the crown prince was chosen by consensus among the senior princes.

But the document contains much more. There are pledges to secure the human rights of Saudi citizens and residents against arrest or punishment without legal sanction. This is widely seen as an attempt to limit the powers of the religious police.

Since King Faisal's day, each king has served as his own prime minister. The document formalizes that by stating that the king is prime minister. (Prince Faisal has been King Saud's prime minister, the main exception to the rule.)

The second document sets up the Consultative Council, which is not elected, but appointed by the king. It may recommend legislation, debate proposed legislation and suggest changes. It may not impose changes, however, so it is not a legislature. Still, most parliamentary systems in Europe started out as just such consultative bodies to the king. For Saudi Arabia, it clearly is a step forward.

The Council will have a chairman and 60 members chosen "from those with knowledge and expertise and competence." They may not also hold government or corporate management positions, unless the king deems it appropriate. The Council is appointed for a four-year term, with the first Council promised within six months of the date of decree.

Each year the king will present a statement on the foreign and domestic policies of the state to the Council. The Council may "express its opinion" on matters referred to it by the prime minister/king. These will include discussions of social and economic development plans, international treaties, oversight of organizations, and the annual programs of the ministries.

The Council may recommend legislation and changes to government proposals, but these are purely advisory powers. The Council also may create committees with experts on specific subjects. And it may request the attendance of any responsible government official if it is debating his area of responsibility. He may join in the debate, but not vote. A quorum of two-thirds must be present to vote. A majority vote is required to carry a recommendation.

The Council chairman may also request any government document relevant to issues under debate. This is intended to open up the mysterious inner workings of some Saudi ministries, and to provide a check on possible corruption.

The chairman of the Council will make an annual report to the king.

Reorganization of the Provincial System

The third document issued on Feb. 29 reorganizes the highly centralized provincial system. Each region will be headed by an amir and a deputy. It also will have its own locally appointed Consultative Council. It will include the governors of the governorates within the region, chiefs of government departments, the amir, his deputy, and an undersecretary, and no fewer than 10 persons appointed from the nongovernmental population of the region. They will serve four-year terms. The intention is to give the local regions at least a voice, if not a vote, in how their regions are run, and to alert the central government to provincial concerns.

This is not a democratic system. But it is a major step forward for Saudi Arabia. Both the rulers and their local government officials have always held to the custom of the open majlis to hear complaints and receive petitions from their subjects, but there has been no formalized instrument for dialogue among the business community, religious establishment, other elites and the ruling family. The Consultative Council and its provincial counterparts provide that voice. Although not a vote, it is a change that broadens the dialogue between rulers and ruled.

Michael Collins Dunn is senior analyst of the International Estimate, Inc., a Washington consultancy, and Middle East editor of its biweekly newsletter, The Estimate.

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