International

New Constitution looks at old concerns

By Kesava Menon

Manama (Bahrain) Feb. 20. One thing about the Constitution of a small and relatively not complex country is that it can concentrate on the purpose of governance — public welfare — without getting lost in the mechanics of it.

An emphasis on social welfare and the equality of citizens is among the laudable features of the new Constitution promulgated by Bahrain's Emir turned King Sheikh Hamad bin Isa al Khalifa last week, though purists may quibble that its democratic content is inadequate. It is, of course, a valid criticism that social justice and equality cannot be guaranteed if the method of governance is not fully democratic. But two aspects of the Bahrain Constitution require special mention. Firstly, the basic content of the provisions to be made for social justice and equality are constitutionally mandated.

For instance the Constitution guarantees requisite social security for its citizens (in old age, sickness, disability, orphanhood, widowhood or unemployment), social insurance and healthcare services. The Constitution also mandates that women will be equal in the social, political and economic spheres (to the extent it can be reconciled with the Sharia) and that they shall have the same rights as men to vote and stand in elections. Secondly, the democratic advances made in the Bahrain Constitution have to be seen in context. The new Constitution marks several advances relative to the political rights enjoyed by the Bahraini people before the promulgation of this Constitution and relative to the political rights enjoyed by the people in the other countries of the Gulf Co-operation Council. What was an Emirate has been made a constitutional monarchy and the change of nomenclature and the constitutional provisions, indicate that the arbitrary power of the wider ruling family has been curtailed.

Under the new Constitution, the country has been given a bi-cameral legislature replacing the single chamber nominated body that could merely debate, and not initiate, measures till now. This bicameral legislature consists of one House where all members will be elected by adult franchise and a second House that will consist of members nominated by the king. The unelected Consultative Council is a continuation in form of the Majlis al Shura that has existed in this country for a number of years. But although unelected this body cannot be described as wholly unrepresentative since its members have traditionally been chosen from different sections of society and with an eye on the social composition of Bahrain.

Given the small size of the indigenous population, even the former Majlis was not totally out of touch with the needs of the people. The Chamber of Deputies that makes the second House of the legislature is the second in the GCC (after Kuwait's Parliament) to be made up wholly of elected members. This Chamber can initiate legislation, question Ministers or otherwise inquire into matters and effect the removal of Ministers (and even the Prime Minister in special circumstances) by passing votes of no-confidence. But the Prime Minister will not be chosen from the House but be instead nominated by the king who also appoints the other Ministers on the Prime Minister's recommendation.

The powers of the Chamber are also restricted since their decisions have to be ratified by the Consultative Council. In case of a deadlock, the matter will be resolved at a joint session of both Houses, but since both chambers have the same number of members there will not be any automatic advantage to the elected House. There are a number of grey areas. The Constitution stipulates that the Koran and the Sharia are the supreme source of laws and it is not clear whether this provision will contradict the democratic processes and if so how the conflicts will be resolved. The king also retains a great deal of residual power and a via media between the pressures exerted by the democratic and monarchial aspects of the Constitution will probably have to be worked out as Parliament begins to function. However, with elections having been scheduled for October this year, Bahrain will embark on an experiment of trying, as King Hamad said in a preamble to the Constitution, to take the best of what advanced countries have to offer and blend it with local traditions.

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