By: Ibrahim bin Omar Al Sakran
When I recognized this painful comparison, I said to myself: “Your problem is that you are not Diaky, advocates of reform!”
Praise be to Allah, and then,
The
jurist Sheikh Muhammad Abd Al-Razzaq Al-Siddiq (a member of the World
Association of Muslim Scholars and a member of the Islamic Banking
Committees), the renowned scholar Dr. Ali Al Hammadi (Head of Center of
Creative Thinking), and their fellow brothers Dr. Shaheen Al Hosni
(specialist in library science), and Hassan Al Jabri (specialist in
charitable work), and Hussein Al Jabri (educational expert), and Ibrahim
Al Marzouqi (educational expert), this group are Emirate effective
actors, and they are members of the Association of Reform and Social
Guidance in the UAE, an official big association headed by Sheikh Sultan
Bin Kayed Al Qassimi, and it is the most powerful institutions for
advocacy in the UAE. Some of these actors (Siddiqui, Al Hammadi and Al
Hosni) participated in signing a letter to Sheikh Khalifa in March 2011,
calling him for carrying out fundamental political reforms related to
the expansion of popular participation.
In
these days, the Emirati and gulf public opinion surprised by a
decision, published in the UAE newspapers (Al Ethad, Al Bayan, Emirates
Today), issued, on Thursday, December 22, 2011, by Sheikh Khalifa Al
Nahyan, stripping these Islamic preachers calling for reform of the (UAE
nationality)! The statement stated:
(His
Highness Sheikh Khalifa bin Zayed Al Nahyan issued on 9 Muharram 1433,
corresponding to December 4, 2011 the decree number (2/1/7857) to
withdraw the nationality of the State from: Hussein Munif Al Jabri,
Hassan Munif Al-Jabri, Ibrahim Hassan Marzouqi, Shaheen Abdullah Al
Hosni, Ali Hussain Al Hammadi, and Mohamed Abdul Razak Al Siddiq. This
is because they carried out some acts which threatened the state
security and safety. The source said that they had worked during the
past years with some organizations and personalities of regional and
international suspect. They also associated with some suspicious
organizations, which included in the lists of the United Nations for
combating the financing of terrorism. The official source in the General
Department for Nationality and Residence and Ports, at the end of his
statement, emphasized that making this decision is one of the sovereign
acts of the State) [See: Al Ethad, Al Bayan, Emirates Today, December
22, 2011].
This
painful decision, indeed, is beyond the beautiful stereotype known of
UAE rulers. It firstly needs to be legally examined, to see whether it
meets the legal requirements in order to be applicable or effective?
Actually,
this decision is illegal, and includes a number of reasons for nullity.
It contradicts with some legal principles, as follows:
- Withdrawal of nationality can’t be carried out except by a decree:
The
Emirate legal framework regulating the process of withdrawal of
nationality in the UAE is the law of nationality and passports (no.
17/1972), in which Article (20) identifies: (Nationality of the state is
granted by a decree, upon the submission of the Minister of the
Interior, and the approval of the Council of Ministers, and is dropped
by the same previous procedure) [Nationality Law: article 20].
The
reader can easily notice that the withdrawal of nationality must be
carried out by a (decree), and this decree shall be deemed approved by
the Council of Ministers.
The
concept of decree is confirmed by this article in the law of
nationality; which stated in a supreme legal framework, namely the
constitution of the country. The text of the constitution provides that
the decree have two characteristics: (cabinet approval, and publication
in an official newspaper), where Article (114) of the Constitution of
the United Arab Emirates states the following:
(No
decree may be issued unless the Council of Ministers has confirmed it
and the resident of the Union or the Supreme Council, according to their
powers, has ratified it. Decrees shall be published in the Official
Gazette after signature by the President of the Union) [Constitution of
the United Arab Emirates: article 114].
Well,
till the current time nothing has been published in the official
gazette in this specification; a legal requirement stipulated in the
Nationality Law of UAE, but what have dealt with in the media so far
either just a "decision" or news about a "decree".
- No withdrawal of nationality except with condemnation, and no condemnation without trial:
Emirati
nationality law clearly defined the cases that justify the withdrawal
of nationality, which is only four cases: the aggression against the
security of the state, repeating heinous crimes, fraud in the data of
nationality, continuous residence outside the state for more than four
years [Nationality Law: article 16].
It
is noted that three cases are (criminal descriptions), which are not in
the hands of the executive authority, but in the hand of the judiciary.
Therefore, some commentators on (the UAE Private International Law)
believe that stating the verification of these crimes is some kind of
the discretion available to the executive authority. In my point of
view, this is wrong, because the criminalization and punishment are
judicial process organized by the Constitution of the UAE; a higher
authority than ordinary laws. So, if the texts of these laws might imply
multiple meanings and some of such meanings are contrary to the
Constitution, the texts contrary to the Constitution will be deemed null
and void. The constitutional principle, which restricts this case, is
as follows:
(Penalty
is personal. An accused shall be presumed innocent until proved guilty
in a legal and fair trial. The accused shall have the right to appoint
the person who is capable to conduct his defense during the trial. The
law shall prescribe the cases in which the presence of a counsel for
defense shall be assigned.) [Constitution of the United Arab Emirates:
article 28]
This
constitutional principle requires that the executive authority cannot
convict the accused of committing an act threatening the security of the
state, because the Constitution required a fair trial for conviction.
At the lack of a fair trial; the accused person remains innocent, and if
the accused is still presumed innocent, then the description justifying
for the withdrawal of nationality is null and void.
It
should be taken into account the fact that the UAE law differentiates,
like many legal systems, between (the withdrawal of nationality) and
(the dropping of nationality). Moreover, it states some especial
justifications for each of them. Actually, this is not our subject, as
our main topic is (withdrawal of nationality).
- Decree of withdrawal of nationality is managerial not sovereign decision:
The
news published in the newspapers pointed out that the decision to
revoke nationality is a sovereign decision; a proactive signal implies
that such decision cannot be legally appealed. But, in fact , a number
of commentators of the Private International Law shed light on some
judicial cases in which the Supreme Court of the Union taken some
judicial judgments. The Supreme Court of the Union is the highest
judicial authority in the UAE, as stipulated in the (Constitution:
article 100). It also has the power to control the constitutionality of
laws (the Constitution: article 99). The Supreme Court of the Union
established the principle of controlling the correctness of measures
taken in the decision to withdraw nationality.
This
means that even if the executive authority has the right of discretion
in determining whether the offense necessitates the withdrawal of
nationality happened or not, the court has the right of judicial control
over the soundness of the legal mechanism for the withdrawal of
nationality, and verification of the non-abuse of power.
- Political criticism and establishing of associations are not a crime, but a constitutional right:
The
decision totally ascribed some acts to the callers of reform of the
withdrawn nationalities, but such acts are not criminal at all, rather,
they are constitutional rights guaranteed to every citizen in the UAE.
The right of political criticism and the right of assembly both are
mentioned in the Part III of the Constitution, which states:
(Freedom
of opinion and expressing it verbally, in writing or by other means of
expression shall be guaranteed within the limits of law) [UAE
Constitution: Article 30].
So,
everything said and expressed by the advocates of reform is within the
limits stipulated by the above article and covered by the constitutional
restriction.
As
for their participation in the work of an Islamic group, this is a
constitutional right guaranteed to the citizen in the UAE as stated in
the Constitution (Freedom of assembly and establishing associations
shall be guaranteed within the limits of law) [Constitution of the
United Arab Emirates: article 33]. Moreover, the Reform Society which
they had participated in is a licensed association headed by Sheikh
Sultan Bin Kayed Al Qassimi. This means that all acts, inspired by the
published news, are legitimate under the Constitution, and guaranteed to
every citizen in the UAE. So, how can such acts be deemed a criminal
offense? How could they be a pretext for the withdrawal of nationality?!
- Serious legal consequences for the withdrawal of nationality:
Of
the most painful things is that the law of withdrawal of nationality in
the UAE allowed the withdrawal of nationality of children and wife of
the man whose nationality is withdrawn. The article reads as follows:
(If
the nationality of a person is withdrawn, the nationality of his minor
children and wife may consequently be withdrawn) [Nationality Law: M
16/4].
This
principle, in fact, is a violation of the constitutional principle on
the character of punishment, because it made the penalty applicable to
the innocent who have no connection with the crime of the father. In
some explanations of Private International Law, there are some
justifications for such violations, but they are faint. The withdrawal
of nationality of wife and children is accumulated grievances!
- Political consequences
Actually,
introducing the withdrawal of nationality, as a new weapon in combating
the reform vote, is an unusual methodology in the region. The first
application to it in the Gulf is, unfortunately, by some influential
figures in the UAE.
Frankly
and clearly, in the midst of the hot interactions regarding this topic,
I found at familiar factors in the scene of the event, but I missed one
thing, a necessary factor, namely the absence of (the wisdom of
treatment) by Sheikh Zayed, may Allah have mercy on him. The venerable
person, whose kindness covered everyone, used to address matters with no
sophistication and tranquility. Unfortunately, such kindness faded from
the scene. I hope his sons did not bury his wisdom with him.
To
this degree could man be humiliated in a Muslim Gulf country?! It is
not correct to expect that the seven persons, whose nationality was
withdrawn, are in danger; rather, we all, in fact, became in danger and
feared that the withdrawal of nationality might be applied on us.
Interestingly,
the six figures are Sunni Muslims, and call for the Approach of the
Sunnis; however, the dictators allege they carry out an Iranian agenda!
If this is the reason for stripping nationality, there are well known
Shiite persons whose nationalities should therefore be withdrawn.
It
is a well known fact that some influential figures in the state
security apparatus had a big illusion about the danger of Islamic
trends, so they make clumsy decisions to prevent some Islamic figures,
known for tolerance, from entering to the State. This was known, but on a
limited scale, the problem today is that this illusion began to leak
out from the minds of some leaders of state security and nestles in the
minds of some influential political figures.
In
my opinion, this event is so tragic in the UAE and more serious than
the incidents of oppression in the Gulf region in general, and in the
UAE in particular. If this issue to go calmly, withdrawal of nationality
would become a sword against the necks of the speakers and callers for
reform. Besides, everyone would search for his nationality after every
word of criticism he says!
In
any event, when I read this painful news about the withdrawal of the
nationality of the advocates of reform in the UAE, I remembered a news
story published in 2006 by Al Bayan newspaper, which was boasted for
being the first newspaper to publish such story. This news was about
granting a football player, "Diaky", the UAE nationality. The football
player happily said:
(My feel is indescribable, I am very happy I got UAE nationality,) [Al Bayan, UAE, September 10, 2006]
When I recognized this painful comparison, I said to myself: “Your problem is that you are not Diaky, advocates of reform!
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