His Highness the Amir Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah signed a decree approving a new cabinet headed by His Highness the Prime Minister Sheikh Sabah Al-Khaled Al-Hamad Al-Sabah, on Tuesday 17 December.
In his address to the new ministers following their oath of office, His Highness the Amir urged them, “to redouble efforts to accelerate the process of development and construction in order to meet the aspirations of citizens.” He also called on them to abide by the constitution and law, as well as protect public funds through “diligence and teamwork, and through constructive cooperation between the legislative and executive authorities.
However, even before the ink on their acceptance signature could dry and before His Highness’ message of constructive cooperation with the legislative could be put to practice, a handful of parliamentarians have voiced opposition to the appointment of a minister, over the issue of, guess what, a tweet she allegedly made in 2011. One MP even added that the premier should quit if he was not willing to replace the minister.
The new cabinet comprises of 14 ministers, including three women. It is the appointment of one of these women ministers that has ranckled some lawmakers.The newly appointed Minister of Social Affairs, Dr. Ghadeer Aseeri, is accused of tweeting, eight years ago, her opposition to dispatching units of the Peninsula Shield, a joint Gulf security force, to quell the unrest that then broke-out in Bahrain.
MP Adel Al Damkhi said that the minister’s tweet would send a wrong message from the new government to Gulf countries and neighboring states. His colleague, MP Mohammad Haif criticised the appointment of Ghadeer and called on the prime minister to replace her. If the head of the government was not willing to terminate her appointment then the prime minister should forthwith tender his resignation and that of the cabinet said the outspoken parliamentarian. For his part, MP Osama Al Chahin, called Ghadeer’s appointment a “provocation” and a “cause of collision rather than cooperation” between the parliament and the government.
It is surprising that lawmakers who cry hoarse about protecting the freedom of expression and free speech for citizens in Kuwait, should raise objection to the personal views tweeted by a citizen, and that too, eight years ago. This raises the question of whether the ‘freedom of expression’ that the MPs so vociferously endorse, is only meant for those who support the lawmakers’ point of view or their political leanings.
Professionally, Dr. Aseeri is fully qualified for her appointment as the new minister of social affairs.She earned a master’s degree in social service and policy in 2008 from the US, and a doctorate in social policy from the UK in 2016. Prior to her appointment as minister, she worked in the Social Development Office of HIs Highness the Prime MInister’s Diwan. But apparently, all that qualification and experience fades in the face of a tweet in which she expressed her personal opinion as a citizen.
Unperturbed by the comments made by MPs, the National Assembly Speaker Marzouq Al-Ghanim, on receiving official announcement of the new Cabinet, said that he would soon send out invitations for the parliamentary session on 24 December. Conveying his best wishes to the new prime minister and his cabinet, the Speaker affirmed that the parliament will cooperate with the executive in accordance with Article 50 of the Constitution, which stipulates that the system of government shall be established on the basis of separation and cooperation of powers.
However, problems arise when separation and cooperation of powers are viewed through the tinted glasses of those in places of power. Is the appointment of a minister the prerogative of the executive, or does the legislative have a say in it? Article 56 makes clear that the Amir shall appoint the Ministers and relieve them from their posts on the recommendation of the Prime Minister. Article 115 also states that an MP shall not be allowed to interfere in the activities of the judiciary and that of the executive.
The move by some MPs to infringe on what is ostensibly the duty of the premier, is undoubtedly unconstitutional. But then, constitutional validity in the pursuance of their personal and political agendas have never been a deterrent to many lawmakers and to the so called ‘democrats’ in the country. For many, the constitution and democratic tenets such as rule of law and freedom of speech are only to be cited when it suits their interests or promotes their agendas; at other times, it is turned aside, either willfully or from sheer ignorance.
It is no surprise that a new report on democracy and its freedom tenets by the global organization Freedom House shows that democracy is on the decay in many parts of the world, and has been on the retreat for the last 13 consecutive years.
Freedom House’s annual scorecard on the freedom that people in a country enjoy, ranks nations as free, partly free or not free based on their aggregate scores that range from 0 to 100. The higher the score in the index, the better the level of democracy and freedom in that country. The Freedom House index for 2019 found Norway, Sweden and Finland at the top of the index with a score of 100/100, while Syria stood at the bottom of the pile with a score of 0/100.
In the Middle East and North African (MENA) region, the highest scores of freedom were for Israel (78) and Tunisia (69) — the only two labeled as free in the region. In addition, Morocco (39), Jordan (37), and drum-roll please, Kuwait (36), all three were labeled as Partly Free. The scores are based on various sub-indices such as level of political and economic rights, freedom of the press and of expression, as well as civil liberties, in a country.
Kuwait’s partly free ranking can be traced to civic activism, which has been a part of the cultural fabric of Kuwait dating back to way before the country’s independence in 1961. It was this civic pressure that nudged post-independent elites in Kuwait to form a constituent assembly soon after gaining independence. In January 1962, barely six months into becoming a newly independent state, Kuwait formed a constituent assembly headed by the late Amir Sheikh Abdullah Al-Salem Al-Sabah and with members picked from elite families in the country.
The assembly was set up with the specific mandate of writing the country’s constitution to determine the organic system of rule for the country. Accordingly, Kuwait Constitution was signed into law in November 1962 and promulgated. The constitution clearly defines the role of each element in the country’s ruling order.
An Amir from the Al-Sabah family who are descendents of Mubarak Al-Sabah, is to be the head of state. The Amir who is also the Commander-in-Chief of the military stands above the fray and appoints an executive cabinet headed by a prime minister. The constitution also vests significant legislative powers, and oversight over the cabinet, in a legislative parliament elected directly by the people of voting age. The third branch of the state is an independent judiciary to adjudicate impartially over matters of state and that of individuals.
Despite the constitution clearly delineating rights and responsibilities for each of the three branches of state, friction between the cabinet and parliament has become the norm for politics in Kuwait. The gnawing relations have often been aided and abetted by internal power struggles within the ruling family. The stalling or shelving of government policies due to legislative opposition, and the frequent reshuffling or resignation of cabinet members to avoid parliamentary grilling, and dissolutions of parliament, has raised questions about democracy in Kuwait and what it has achieved for the people over the years.
If the number of governments and a contentious parliament are indications of a thriving democracy, then Kuwait certainly has one of the most flourishing democracies in the world. In the 57 years since the country’s first cabinet in 1962, Kuwait has witnessed the formation of 36 governments, Only Italy, which is often considered the global benchmark when it comes to revolving-door governments, has had more governments in the same time frame. Whither democracy, whither development, wonder people in Kuwait.