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Prince
Turki al-Faisal
"Saudi
Arabian Constitutional Evolution"
I
was going to speak initially at this conference
on a vision for the future of Saudi-U.S.
relations, but I changed that because of an
event that took place last week in Saudi Arabia,
which was the formation of the Bay’ah Council,
which is an important constitutional revolution
in the governing of Saudi Arabia. So for those
who want to see what my opinions are on
U.S.-Saudi relations, this paper is being
distributed and given out to the press, but also
I would like you to know what we Saudis feel
about constitutional change and what it means to
us as individuals and as a nation.
As you know, last week King Abdullah bin
Abdulaziz, the Custodian of the Two Holy
Mosques, announced the establishment of the
Bay'ah Council, which is to formalize the
succession process. To call it the Allegiance
Council, as I’ve seen now in currency, is a
misnomer because allegiance is one-sided and
connotes total obedience. The Bay'ah is actually
a compact, and it is a contract between the
ruler and the ruled whereby the ruler obliges
himself to protect, promote, and enhance the
lives and property of the ruled; and the ruled,
in return, oblige themselves to protect,
promote, and obey the ruler on everything but
that which counters the teachings of God.
The announcement is significant both because it
is an important amendment to the Basic Law of
Governance and because it is illustrative of the
principles which have guided Saudi Arabia's
constitutional evolution ever since King
Abdulaziz brought together what was to become
the Kingdom of Saudi Arabia in 1932.
The Quran, as revealed to the Prophet Muhammad,
peace be upon him, calls upon us to – (speaks
in Arabic) – "take all our decisions
through consultation."
The first act of Shurah, consultation in Islam,
took place at the deathbed of the second
Khalifah to the Prophet Muhammad, peace be upon
him, 1,400 years ago. Omar the Khalifah called
upon six of the Prophet's Companions to choose
who his successor will be. Since then, this
became the way in which Arab societies have
chosen their leaders, in one form or another;
most times paying lip service to the Shurah, and
many times the process was even whimsical and
even without Shurah.
But none of us can claim to have come close to
the perfect form of government. But the Bay'ah
Council is a straightforward evolution of what
the Khalifah Omar did. It is clear and
transparent, and it includes procedures in case
of the incapacitation of the ruler and his
successor. It also allows for the ruler's choice
of successor to be rejected by the Council and
for the Council's choice to be chosen, even if
the ruler does not agree. Casting the ballot is
an essential component of the election process.
This, ladies and gentlemen, is truly a
remarkable reform of what has been the
traditional way of deciding the succession.
In Saudi Arabia, the most important tradition
has always been to follow the Quranic call of
reaching decisions through consultation, while
also maintaining a direct and universal link
between our leaders and our people. For hundreds
of years, the people of the Arabian Peninsula
have had the opportunity to express their hopes
and grievances to their leaders during the
Majlis held by each one of these leaders. While
it has become a more complex task in modem
times, we have come up with new ways to respect
this tradition, be it through the Majlis or
local governors or the new municipal councils.
Saudi Arabia's constitutional evolution began
when King Abdulaziz united the country, entered
Makkah, where there was established a
Consultative Council, or Council of
Representatives in 1924. The name, shape and
role of this Council evolved over time but its
primary function was to act as a focus for
advice and consultation to the King in reaching
his decisions. Although King Abdulaziz was busy
establishing a state and uniting its people, he
assigned a great deal of importance to the
setting up of this Council and thereby learned a
great deal about the people of the Hijaz and the
other parts of the Kingdom and their
aspirations.
The Council evolved somewhat more slowly over
the following decades, as the Arab world as a
whole suffered from the convulsions caused by
the creation of new states and boundaries under
colonialism and dispersion. The interwar period
was not a bright period in the history of the
Middle East, yet Saudi Arabia pursued its
establishment of the institutions of a modem
state.
King Abdulaziz was known for his Shu'ba as-Siyassia,
or the political department, composed of learned
men from all around the Arab world, which met on
a daily basis to review Saudi and international
events. The King benefited greatly in his
decisions from the varying and often opposing
opinions that were expressed freely in this
gathering.
But arriving at current times, the late King
Fahd reorganized the way in which the Kingdom
was governed and established a new set of
regulations through the Basic Law of 1992. These
changes further underline the importance of
consultation in Islam. At the center of the
Basic Law stood arrangements for regional
government and a re-founded the Consultative
Council, a milestone in the constitutional
evolution of Saudi Arabia. More recently, the
establishment of municipal councils, half of
whose members are directly elected, has again
reaffirmed the importance of consultation and
participation in Saudi Arabia’s constitutional
evolution.
Consultation allows for the expression of many
different views, not in the form of a duel but
to discuss issues robustly and transparently for
the benefit of the country. It provides a forum
for new ideas and serves the King by suggesting
what steps are more important for the country.
I recall the history of this evolution in order
to show that Saudi Arabia has followed a clear
path in its constitutional evolution,
establishing a state with modem institutions
that is in tune both with the basic instructions
of Islam and with the traditions of our people.
Saudi Arabia has been progressing towards its
own form of representative institutions. We have
not reached the end of the road or the end of
the path, but we have embarked on it with
steadfastness and determination.
More importantly, Saudi Arabia's constitutional
evolution is homegrown and consistent with the
traditions of its people and the tenets of
Islam. Our institutions and system of government
were not created in a vacuum, nor were they
imposed from the outside. They have come about
by experience, by consultation and by a feeling
for the participatory form of government which
is in the interest of the Saudi people.
Essentially, ladies and gentlemen, we have
chosen this progressive evolution because we
believe it fits the needs and aspirations of our
people. We are not in a hurry to experiment with
foreign interpretations of democracy or methods
of government. Saudi Arabia's own form of
representative government will be fed, vitalized
and grown through our assessment of what will
best serve Saudi Arabia and its people.
We will make mistakes along the way, and we can
be sure of that, but they will be our mistakes,
not someone else's. And we will invest all our
energy in assessing our evolution and making the
necessary adjustments when we see that we went
wrong somewhere. Therein lies the power of
consultation and of having a constant awareness
of people's needs and aspirations. It allows for
constant and healthy assessments of the
cumulative effects of changes and decisions, and
steady improvements in the interest of our
people.
Many of you will be interested in knowing how
the constitutional evolution, which I have
spoken about, affects women's rights in the
Kingdom. The role of women in Saudi Arabian
society is still very different from that which
many of you are familiar with, but women have
been an integral part of the evolution of Saudi
Arabia, particularly in its social aspect.
If you remember, five years ago Saudi Arabia
launched a National Dialogue in which women were
asked to participate and to define their
aspirations and ideas on change and reform in
the Kingdom. Their recommendations form an
increasing part of Saudi Arabia's constitutional
evolution and we are ensuring that women's
participation becomes more visible and more
substantive, as evidenced in the election of
women to the board of the Jeddah Chamber of
Commerce and to the board of the Engineers
Association.
I hope that I have succeeded in giving you a
clearer idea of where Saudi Arabia stands in its
constitutional evolution and in constantly
adapting its institutions according to the
principles which have established their strength
and effectiveness. The changes that we will see
over the coming years will be exciting for the
prospects of Saudi Arabia and its people, and
they will continue to respect our traditions and
aspirations. Saudi Arabia has moved well along
the road of defining itself as a state that is
both modem and in tune with its traditions,
continually pushing forward in its
constitutional and participatory evolution.
Thank you very much.
Text
Source: SUSRIS.org
Audio
Source: Ryan
& Associates
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