The Federal National Council (FNC) and the Federal Supreme Council (FSC) amended the 2 December 1971 interim constitution of the United Arab Emirates, drafted with the establishment of the federation, to make it permanent in 1996.
We, the Rulers of the Emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm AI Quwain and Fujairah (1):
Whereas it is our desire and the desire of the people of our Emirates to establish a Union between these Emirates, to promote a better life, more enduring stability and a higher international status for the Emirates and their people;
Desiring to create closer links between the Arab Emirates in the form of an independent, sovereign, federal state, capable of protecting its existence and the existence of its members, in co-operation with the sister Arab states and with all other friendly states which are members of the United Nations Organisation and of the family of nations in general, on a basis of mutual respect and reciprocal interests and benefits,
Desiring also to lay the foundation for federal rule in the coming years on a sound basis, corresponding to the realities and the capacities of the Emirates at the present time, enabling the Union, so far as possible, freely to achieve its goals, sustaining the identity of its members providing that this is not inconsistent with those goals and preparing the people of the Union at the same time for a dignified and free constitutional life, and progressing by steps towards a comprehensive, representative, democratic regime in an Islamic and Arab society free from fear and anxiety;
And whereas the realisation of the foregoing was our dearest desire, towards which we have bent our strongest resolution, being desirous of advancing our country and our people to the status of qualifying them to take appropriate place among civilised states and nations;
1 - Ras El Khaimah joined the Union on the 10th of February 1972.
For all these reasons and until the preparation of the permanent Constitution for the Union may be completed, we proclaim before the Supreme and Omnipotent Creator, and before all the peoples, our agreement to this provisional Constitution, to which our signatures were appended, which shall be implemented during the transitional period indicated in it ;
May Allah, our Protector and Defender, grant us success
Constitutional Amendment No. (1) of 1996
The federation supreme council, after perusing the Federation Temporary Constitution and the approval of the Cabinet, and Based on what was considered by the Federation Supreme Council and approved by the Cabinet and the Federal National Council and certified by the Federation Supreme Council, Resolved:
Article One
The word ?Temporary? is canceled from the United Arab Emirates Constitution wherever it is.
Article Two
Abu Dhabi City is the Capital of the Federation.
Article Three
Any text or provision contrary to this amendment is canceled.
Article Four
This constitutional amendment shall be applicable as of the date of issuance there of and be published in the official gazette.
Zayed Bin Sultan Al-Nhayan President of United Arab Emirates Issued by us at the presidential palace in Abu Dhabi, On: 22 Rajab 1417 Hijri Corresponding to: 2 Dec. 1996
4 All rights are reserved for the Federal National Council 2003.
Article 10
The aims of the Union shall be the maintenance of its independence and sovereignty. The safeguard of its security and stability. The defence against any aggression upon its existence or the existence of its member states. The protection of the rights and liabilities of the people of the Union. The achievement of close co-operation between the Emirates for their common benefit in realising these aims and in promoting their prosperity and progress in all fields. The provision of a better life for all citizens together with respect by each Emirate for the independence and sovereignty of the other Emirates in their internal affairs within the framework of this Constitution.
Article 11
1. The Emirates of the Union shall form an economic and customs entity. Union Laws shall regulate the progressive stages appropriate to the achievement of this entity.
2. The free movement of all capital and goods between the Emirates of the Union is guaranteed and may not be restricted except by a Union Law.
3. All taxes, fees, duties and tolls imposed on the movement of goods from one member Emirate to the other shall be abolished.
Article 12
The foreign policy of the Union shall be directed towards support for Arab and Islamic causes and interests and towards the consolidation of the bonds of friendship and co-operation with all nations and peoples on the basis of the principles of the charter of the United Nations and ideal international standards.
PART TWO THE FUNDAMENTAL SOCIAL AND
ECONOMIC BASIS OF THE UNION
Article
13The Union and the member Emirates shall co-operate, within the limits of their jurisdiction and abilities, in executing the provisions of this Part.
Article 14
Equality, social justice, ensuring safety and security and equality of opportunity for all citizens shall be the pillars of the Society . Co-operation and mutual mercy shall be a firm bond between them.
Article 15
The family is the basis of society. It is founded on morality, religion, ethics and patriotism. The law shall guarantee its existence, safeguard and protect it from corruption.
Article 16
Society shall be responsible for protecting childhood and motherhood and shall protect minors and others unable to look after themselves for any reason, such as illness or incapacity or old age or forced unemployment. It shall be responsible for assisting them and enabling them to help themselves for their own benefit and that of the community.
Such matters shall be regulated by welfare and social security legislations.
Article 17
Education shall be a fundamental factor for the progress of society. It shall be compulsory in its primary stage and free of charge at all stages, within the Union. The law shall prescribe the necessary plans for the propagation and spread of education at various levels and for the eradication of illiteracy.
Article 18
Private schools may be established by individuals and organisations in accordance with the provisions of the law, provided that such schools shall be subject to the supervision of the competent public authorities and to their directives.
Article 19
Medical care and means of prevention and treatment of diseases and epidemics shall be ensured by the community for all citizens.
The community shall promote the establishment of public and private hospitals, dispensaries and cure - houses.
Article 20
Society shall esteem work as a cornerstone of its development. It shall endeavour to ensure that employment is available for citizens and to train them so that they are prepared for it. It shall furnish the appropriate facilities for that by providing legislations protecting the rights of the employees and the interests of the employers in the light of developing international labour legislations.
Article 21
Private property shall be protected. Conditions relating thereto shall be laid down by Law. No one shall be deprived of his private property except in circumstances dictated by the public benefit in accordance with the provisions of the Law and on payment of a just compensation.
Article 22
Public property shall be inviolable. The protection of public property shall be the duty of every citizen. The Law shall define the cases in which penalties shall be imposed for the contravention of that duty. Article 23 The natural resources and wealth in each Emirate shall be considered to be the public property of that Emirate. Society shall be responsible for the protection and proper exploitation of such natural resources and wealth for the benefit of the national economy. Article 24 The basis of the national economy shall be social justice. It is founded on sincere co-operation between public and private activities. Its aim shall be the achievement of economic development, increase of productivity, raising the standards of living and the achievement of prosperity for citizens, all within the limits of Law.
PART THREE FREEDOM, RIGHTS AND
PUBLIC DUTIES
Article
25All persons are equal before the law, without distinction between citizens of the Union in regard to race, nationality, religious belief or social status.
Article 26
Personal liberty is guaranteed to all citizens. No person may be arrested, searched, detained or imprisoned except in accordance with the provisions of law.
No person shall be subjected to torture or to degrading treatment.
Article 27
Crimes and punishments shall be defined by the law. No penalty shall be imposed for any act of commission or omission committed before the relevant law has been promulgated.
Article 28
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 defence during the trial. The law shall prescribe the cases in which the presence of a counsel for defence shall be assigned.
Physical and moral abuse of an accused person is prohibited.
Article 29
Freedom of movement and residence shall be guaranteed to citizens within the limits of law.
Article 30
Freedom of opinion and expressing it verbally, in writing or by other means of expression shall be guaranteed within the limits of law.
Article 31
Freedom of communication by post, telegraph or other means of communication and the secrecy thereof shall be guaranteed in accordance with law.
Article 32
Freedom to exercise religious worship shall be guaranteed in accordance with established customs, provided that it does not conflict with public policy or violate public morals.
Article 33
Freedom of assembly and establishing associations shall be guaranteed within the limits of law.
Article 34
Every citizen shall be free to choose his occupation, trade or profession within the limits of law. Due consideration being given to regulations organising some of such professions and trades. No person may be subjected to forced labour except in exceptional circumstances provided for by the law and in return for compensation.
No person may be enslaved.
11 All rights are reserved for the Federal National Council 2003.
Article 41
Every person shall have the right to submit complaints to the competent authorities, including the judicial authorities. concerning the abuse or infringement of the rights and freedom stipulated in this Part.
Article 42
Payment of taxes and public charges determined by law is a duty of every citizen.
Article 43
Defence of the Union is a sacred duty of every citizen and military service s an honour for citizens which shall be regulated by law.
Article 44
Respect of the Constitution. laws and orders issued by public authorities in execution thereof, observance of public order and respect of public morality are duties incumbent upon all inhabitants of the Union.
PART FOUR THE UNION AUTHORITIES
Article
45The Union authorities shall consist of :-
1. The Supreme Council of the Union.
2. The President of the Union and his Deputy.
3. The Council of Ministers of the Union.
4. The National Assembly of the Union.
5. The Judiciary of the Union.
CHAPTER 1
THE SUPREME COUNCIL OF THE UNION
Article 46
The Supreme Council of the Union shall be the highest authority in the Union. It shall consist of the Rulers of all the Emirates composing the Union, or of those who deputies for the Rulers in their Emirates in the event of their absence or if they have been excused from attending.
Each Emirate shall have a single vote in the deliberations of the Council.
Article 47
The Supreme Council of the Union shall exercise the following matters :-
1. Formulation of general policy in all matters invested in the Union by this Constitution and consideration of all matters which leads to the achievement of the goals of the Union and the common interest of the member Emirates.
2. Sanction of various Union laws before their promulgation, including the Laws of the Annual General Budget and the Final Accounts.
3. Sanction of decrees relating to matters which by virtue of the provisions of this Constitution are subject to the ratification or agreement of the Supreme Council. Such sanction shall take place before the promulgation of these decrees by the President of the Union.
4. Ratification of treaties and international agreements. Such ratification shall be accomplished by decree.
5. Approval of the appointment of the Chairman of the Council of Ministers of the Union, acceptance of his resignation and his removal from office upon a proposal from the President of the Union.
6. Approval of the appointment of the President and Judges of the Supreme Court of the Union, acceptance of their resignations and their dismissal in the circumstances stipulated by this Constitution. Such acts shall be accomplished by decrees.
7. Supreme Control over the affairs of the Union in general.
8. Any other relevant matters stipulated in this Constitution or in the Union laws.
Article 48
1. The Supreme Council shall lay down its own bye-laws which shall include its procedure for the conduct of business and the procedure for voting on its decisions. The deliberations of the Council shall be secret.
2. The Supreme Council shall establish a general Secretariat which shall consist of an adequate number of officials to assist it in the execution of its duties.
Article 49
Decisions of the Supreme Council on substantive matters shall be by a majority of five of its members provided that this majority includes the votes of the Emirates of Abu Dhabi and Dubai. The minority shall be bound by the view of the said majority.
But, decisions of the Council on procedural matters shall be by a majority vote. Such matters shall be defined in the bye-laws of the Council.
Article 50
Sessions of the Supreme Council shall be held in the Union capital. Sessions may be held in any other place agreed upon beforehand.
Chapter II
THE PRESIDENT OF THE UNION AND HIS DEPUTY
Article 51
The Supreme Council of the Union shall elect from among its members a President and a Vice President of the Union. The Vice President of the Union shall exercise all the powers of the President in the event of his absence for any reason.
Article 52
The term of office of the President and the Vice President shall be five Gregorian years. They are eligible for re-election to the same offices.
Each of them shall, on assuming office, take the following oath before the Supreme Council
" I swear by Almighty God that I will be faithful to the United Arab Emirates; that 1 will respect its Constitution and its laws; that I will protect the interests of the people of the Union; that I will discharge my duties faithfully and loyally and that I will safeguard the independence of the Union and its territorial integrity."
Article 53
Upon vacancy of the office of the President or his Deputy for death or resignation, or because either one of them ceases to be Ruler in his Emirate for any reason, the Supreme Council shall be called into session within one month of that date to elect a successor to the vacant office for the period stipulated in Article 52 of this Constitution.
In the event that the two offices of the President of the Supreme Council and his Deputy become vacant simultaneously, the Council shall be immediately called into session by any one of its members or by the Chairman of the Council of Ministers of the Union, to elect a new President and Vice President to fill the two vacant offices.
Article 54
The President of the Union shall assume the following powers:
1. Presiding the Supreme Council and directing its discussions.
2. Presiding the Supreme Council into session, and terminating its sessions according to the rules of procedure upon which the Council shall decide its bye-laws. It is obligatory for him to convene the Council for sessions, whenever one of its members so requested.
3. Calling the Supreme Council and the Council of Ministers into joint session whenever necessity demands.
4. Signing Union laws, decrees and decisions which the Supreme Council has sanctioned and promulgating them.
5. Appointing the Prime Minister, accepting his resignation and relieving him of office with the consent of the Supreme Council. He shall also appoint the Deputy Prime Minister and the Ministers and shall receive their resignations and relieve them of office in accordance with a proposal from the Prime Minister of the Union.
6. Appointing the diplomatic representatives of the Union to foreign states and other senior Union officials both civil and military (with the exception of the President and Judges of the Supreme Court of the Union) and accepting their resignations and dismissing them with the consent of the Council of Ministers of the Union. Such appointments, acceptance of resignations and dismissals shall be accomplished by decrees and in accordance with Union laws.
7. Signing of letters of credence of diplomatic representatives of the Union to foreign states and organisations and accepting the credentials of diplomatic and consular representatives of foreign states to the Union and receiving their letters of credence. He shall similarly sign documents of appointment and credence of representatives.
8. Supervising the implementation of Union laws, decrees and decisions through the Council of Ministers of the Union and the competent Ministers.
9. Representing the Union internally, vis-a-vis other states and in all international relations.
10. Exercising the right of pardon and commutation of sentences and approving capital sentences according to the provisions of this Constitution and Union laws.
11. Conferring decorations and medals of honour, both civil and military, in accordance with the laws relating to such decorations and medals.
12. Any other power vested in him by the Supreme Council or vested in him in conformity with this Constitution or Union laws.
17 All rights are reserved for the Federal National Council 2003.
Chapter III
THE COUNCIL OF MINISTERS OF THE UNION
Article 55
The Council of Ministers of the Union shall consist of the Prime Minister, his Deputy and a number of Ministers.
Article 56
Ministers shall be chosen from among citizens of the Union known for their competence and experience.
Article 57
The Prime Minister, his Deputy and the Ministers shall, before assuming the responsibilities of their office. take the following oath before the President of the Union:-
"I swear by Almighty God that I will be loyal to the United Arab Emirates; that I will respect its Constitution and laws; that 1 will discharge my duties faithfully; that 1 will completely observe the interests of the people of the Union and that I will completely safeguard the existence of the Union and its territorial integrity."
Article 58
The law shall define the Jurisdiction of the Ministers and the powers of each Minister . The first Council of Ministers of the Union shall be composed of the following Ministers: -
1. Foreign Affairs
2. Interior
3. Defence
4. Finance, Economy and Industry
5. Justice
6. Education
7. Public Health
8. Public Works and Agriculture
9. Communications, Post, Telegraph and Telephones
10. Labour and Social Affairs
11. Information
12. Planning
Article 59
The Prime Minister shall preside over the meetings of the Council of Ministers. He shall call it into session, direct its debates, follow up the activities of Ministers and shall supervise the co-ordination of work between the various Ministries and in all executive organs of the Union.
The Deputy Prime Minister shall exercise all the powers of the Prime Minister in the event of his absence for any reason.
Article 60
The Council of Ministers, in its capacity as the executive authority of the Union, and under the supreme control of the President of the Union and the Supreme Council. shall be responsible for dealing with all domestic and foreign affairs which are within the competence of the Union according to this Constitution and Union laws.
The Council of Ministers shall, in particular, assume the following powers:
1. Following up the implementation of the general policy of the Union Government both domestic and foreign.
2. Initiating drafts of Federal Laws and submitting them to the Union National Council before they are raised to the President of the Union for presentation to the Supreme Council for sanction.
3. Drawing up the annual general budget of the Union, and the final accounts.
4. Preparing drafts of decrees and various decisions.
5. Issuing regulations necessary for the implementation of Union laws without amending or suspending such regulations or making any exemption from their execution. Issuing also police regulations and other regulations relating to the organisation of public services and administrations. within the limits of this Constitution and Union laws. A special provision of the law or the Council of Ministers, may charge the competent Union Minister or any other administrative authority to promulgate some of such regulations.
6. Supervising the implementation of Union laws, decrees, decisions and regulations by all the concerned authorities in the Union or in the Emirates.
7. Supervising the execution of judgements rendered by Union Law Courts and the implementation of international treaties and agreements concluded by the Union.
8. Appointment and dismissal of Union employees in accordance with the provisions of the law, provided that their appointment and dismissal do not require the issue of a decree.
9. Controlling the conduct of work in departments and public services of the Union and the conduct and discipline of Union employees in general.
10. Any other authority vested in it by law or by the Supreme Council within the limits of this Constitution.
All rights are reserved for the Federal National Council 2003.
All rights are reserved for the Federal National Council 2003.
Article 66
1. The Council of Ministers shall draw up its own bye-laws including its rules of procedure.
2. The Council of Ministers shall establish a general Secretariat
Provided with a number of employees to assist it in the conduct of Its business.
Article 67
The Law shall prescribe the salaries of the Prime Minister, his Deputy and the other Ministers.
Chapter IV
THE NATIONAL ASSEMBLY OF THE UNION
Section 1
General Provisions.
Article 68
The National Assembly of the Union shall be composed of forty (1) members. Seats shall be distributed to member Emirates as follows:
Abu Dhabi 8 seats
Dubai 8 seats
Sharjah 6 seats
Ras AI ? Khaimah 6 seats
Ajman 4 seats
Umm AI ? Quwain 4 seats
Fujairah 4 seats
Article 69
Each Emirate shall be free to determine the method of selection of the citizens representing it in the Union National Assembly.
Article 70
A member of the Union National Assembly must satisfy the following conditions :-
1. Must be a citizen of one of the Emirates of the Union, and permanently resident in the Emirate he represents in the Assembly.
2. Must be not less than twenty-five Gregorian years of age at the time of his selection.
3. Must enjoy civil status. good conduct, reputation and not previously convicted of a dishonourable offence unless he has been rehabilitated in accordance with the law.
4. Must have adequate knowledge of reading and writing.
Article 71
Membership of the Union National Assembly shall be incompatible with any public office in the Union, including Ministerial portfolios.
Article 72
The term of membership in the Union National Assembly shall be two Gregorian years commencing from the date of its first sitting. When this period expires, the Assembly shall be completely renewed for the time remaining until the end of the transitional period as laid down in Article 144 of this Constitution.
Any member who has completed his term may be re-elected
Article 73
Before assuming his duties in the Assembly or its Committees, a member of the Union National Assembly shall take the following oath before the Assembly in public session: -
?I swear by Almighty God that I will be loyal to the United Arab Emirates; that I will respect the Constitution and the laws of the Union and that I will discharge my duties in the Assembly and its Committees honestly and truthfully? .
Article 74
If, for any reason, a seat of any member of the Assembly becomes vacant before the end of the term of his membership, a replacement shall be selected within two months of the date on which the vacancy is announced by the Assembly, unless the vacancy occurs during the three months preceding the end of the term of the Assembly.
The new member shall complete the term of membership of his predecessor.
Article 75
Sessions of the Union National Assembly shall be held in the Union capital. Exceptionally, sessions may be held in any other place within the Union on the basis of a decision taken by a majority vote of the members and with the approval of the Council of Ministers.
Article 76
The Assembly shall decide upon the validity of the mandate of its members. It shall also decide upon disqualifying members, if they lose one of the required conditions, by a majority of all its members and on the proposal of five among them. The Assembly shall be competent to accept resignation from membership. The resignation shall be considered as final from the date of its acceptance by the Assembly.
Article 77
A member of the National Assembly of the Union shall represent the whole people of the Union and not merely the Emirate which he represents in the Assembly.
Section 2
Organisation of work in the Assembly
Article 78
The Assembly shall hold an annual ordinary session lasting not less than six months, commencing on the third week of November each year. It may be called into extraordinary session whenever the need arises. The Assembly may not consider at an extraordinary session any matter other than those for which it has been called into session.
Notwithstanding the preceding paragraph, the President of the Union shall summon the Union National Assembly to convene its first ordinary session within a period not exceeding sixty days from the entry into force of this Constitution. This session shall end at the time appointed by the Supreme Council by decree.
Article 79
The Assembly shall be summoned into session, and its session shall be terminated by decree issued by the President of the Union with the consent of the Council of Ministers of the Union. Any meeting held by the Council without a formal summons, or in a place other than that legally assigned for its meeting in accordance with this Constitution. Shall be invalid and shall have no effect.
Nevertheless, if the Assembly is not called to hold its meeting for its annual ordinary session before the third week of November, the Assembly shall be ipso facto in session on the twenty first of the said month.
26 All rights are reserved for the Federal National Council 2003.
27 All rights are reserved for the Federal National Council 2003.
Article 87
Deliberations of the Assembly shall not be valid unless a majority of its members at least are present. Resolutions shall be taken by an absolute majority of the votes of members present, except in cases where a special majority has been prescribed. If votes are equally divided. the side which the President of the session supports shall prevail.
Article 88
Meetings of the Assembly may be adjourned by a decree promul-gated by the President of the Union with the approval of the Council of Ministers of the Union for a period not exceeding one month, provided that such adjournment is not repeated in one session except with the approval of the Assembly and for once only. The period of adjournment shall not be deemed part of the term of the ordinary session.
The Assembly may also be dissolved by a decree promulgated by the President of the Union with the approval of the Supreme Council of the Union. provided that the decree of dissolution includes a summons to the new Assembly to come into session within sixty days of the date of the decree of dissolution. The Assembly may not be dissolved again for the same reason.
Section 3
Powers of the National Assembly
Article 89
In so far as this does not conflict with the provisions of Article 110, Union Bills, including financial bills, shall be submitted to the National Assembly of the Union before their submission to the President of the Union for presentation to the Supreme Council for ratification.
The National Assembly shall discuss these bills and may pass them, amend or reject them.
Article 90
The Assembly shall examine during its ordinary. Session the Annual General Budget draft law of the Union and the draft law of the final accounts, in accordance with the provisions in Chapter Eight of this Constitution.
Article 91
The Government shall inform the Union Assembly of international treaties and agreements concluded with other states and the various international organisations, together with appropriate explanations.
Article 92
The Union National Assembly may discuss any general subject pertaining to the affairs of the Union unless the Council of Ministers Informs the Union National Assembly that such discussion is contrary to the highest interests of the Union. The Prime Minister or the Minister concerned shall attend the debates. The Union National Assembly may express its recommendations and may define the subjects for debate. If the Council of Ministers does not approve of these recommendations, it shall notify the Union National Assembly of its reasons.
Article 93
The Government of the Union shall be represented at sessions of the Union National Assembly by the Prime Minister or his deputy or one member of the Union Cabinet at least. The Prime Minister or his deputy or the competent Minister, shall answer questions put to them by any member of the Assembly requesting explanation of any matters within their jurisdiction, in conformity with the procedures prescribed in the standing orders of the Assembly.
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