It was on a scorching Monday morning in summer, on 19 June, 1961 that Kuwait first heard the drums rolls of democracy, with its abrogation of the protectorate status with Great Britain and decision to take its rightful place in the comity of nations as a fully independent country. The National Day that we celebrate every year in February resulted from a law enacted in 1963 that shifted the Independence Day to 25 February, to honor the ascension on that date in 1950 of the first Amir and eleventh ruler of Kuwait Sheikh Abdullah Al-Salem Al-Sabah.
Regarded as the architect of Kuwait’s independence and its transition to a modern independent democratic country, Sheikh Abdullah Al-Sabah was instrumental in moving the country along a democratic path. Even before independence there were undercurrents of a democratic streak among the public as early as 1930. Back then, members of elite families in Kuwait chose from among them 11 members to form a Municipal Council to administer public health, education, and social mores under the leadership of Sheikh Ahmad Al-Jaber Al-Sabah, the tenth ruler of Kuwait.
However, the discovery of abundant oil in 1938 and the first exports of the ‘black gold’ in 1946 changed the political and social calculus In Kuwait. Until then, Kuwait’s ruling class was dependent on the merchant families for financial support and sustenance of the government. The growing economic self-sufficiency from oil wealth allowed the ruling family to wean itself from the dominance of the merchant families and their influence on the state. This led to increased political tensions that eventually resulted in the ruling family agreeing to cede some administrative power to an elected elite.
The first elected legislature in the history of the country that came into existence in 1938 was headed by Sheikh Ahmad Al-Jaber Al-Sabah and included members from select influential families in Kuwait. In what could probably be construed as a harbinger of future political upheavals in the country, the first legislature was dissolved a year later, over charges that some members had conspired to overthrow the government.
Independence of the country in June 1961 paved the way for further political reforms and the introduction of underpinnings of a structured democracy, including the adoption of a contractual Constitution. In December, shortly after independence, elections were held for a Constituent Assembly, which was tasked with drafting the country’s constitution. The drafted Constitution, which combines aspects of both presidential and parliamentary systems of government, was approved and promulgated in November, 1962.
Among other things, Kuwait’s Constitution espouses that sovereignty resides in the people, the source of all powers; it enshrines the separation of powers between the three branches of government — the executive, the legislative and the judiciary; and it calls for a 50-member parliament, the National Assembly, elected by eligible members of the electorate. The first parliamentary elections held in January 1963, had a great impact among the public. For the first time it raised awareness of people’s participation and the democratic principles of consultation, consensus and cooperation in organizing matters of state through its various institutions.
Elections in Kuwait are a relatively straight-forward process. Each eligible voter casts one vote for the candidates registered in one of the total five constituencies in Kuwait. Ten candidates with the most votes are elected from the constituency, with no minimum threshold of votes needed to win a seat. There are also no limits on the number of terms a parliamentarian can serve. If candidates receive an identical number of votes, the election committee draws a lot to pick the winner.
Political parties are not recognized in Kuwait and members often run as independents, but after elections they come together to form informal political and sectarian blocs in parliament. Major de facto political parties in parliament have included the National Democratic Alliance, Popular Action Bloc, Hadas (Kuwaiti Muslim Brotherhood), National Islamic Alliance and Justice and Peace Alliance. Together the blocs account for a mosaic mix of political flavors that include liberals, tribals, urbanities, populists, nationalists and Islamist.
Behind what appears on the surface as a simple straight-forward electoral system and a partly parliamentary, partly presidential, semi-democratic style of governance in the country, lie several nuances. These subtleties, or anomalies if you like, determine who gets to vote, who does not; how electoral districts are determined and how the electoral process and democratic parliamentary life in Kuwait often gets undermined.
For starters, more than two-thirds of those who reside in Kuwait are expatriates who do not have a vote or take part in parliamentary elections. Also, among the remaining population, citizenship is granted to only those who descend, in the male line, from residents of Kuwait in 1920. Children of women married to foreigners are not considered citizens. Until 2005, only 15 percent of the Kuwaiti citizen population was allowed to vote, with women and all members of the Kuwaiti Armed Forces excluded. It was only in 2005, that parliament passed a law in favor of permitting suffrage to women with a 35-23 majority.
The unicameral National Assembly, has in total 65 members, of whom 50 are elected every four years by the electorate, while the prime minister is nominated by the Amir. The prime minister selects up to a maximum of 15 ex-officio members who form the Council of Ministers, with the provision that at least one of the appointed ministers, and up to a maximum of three, has to be an elected representative.
The National Assembly has the power to raise interpellation motions against all ministers and call for a vote of confidence that could lead to the dismissal of the minister. The parliament also has the right to grill the prime minister but cannot call for his ouster and needs to put forward a non-cooperation motion against the executive to the Amir, who can then appoint a new prime minister or dissolve parliament and call for new elections within two months.
Despite wide leverage granted to the elected parliament, the Constitution also endows Kuwait’s Amir with broad powers, including the right to appoint the government, suspend the Constitution, dissolve parliament, and participate in the legislation process through the executive, and to be the ultimate authority on all legislative matters. Over the years, the Amir has wielded his power to dissolve the parliament with great restraint.
Nevertheless, since 1963 the ruling Amir has dissolved the elected parliament from 1976 to 1981, and from 1986 to 1991, due to irresolvable conflicts between the executive and the legislative. Parliament has also been dissolved for shorter periods in 1999 and 2009 with fresh elections held within two months of dissolution as demanded by the constitution. In addition, conflicts with the legislative have led to the resignation of numerous cabinets since the country began its tryst with democratic parliamentary life.
Since its inception, Kuwait’s parliament has witnessed the swearing in of 38 cabinets. The current cabinet, which took office on 2 March, 2021 is headed by His Highness Sheikh Sabah Al-Khaled Al-Hamad Al-Sabah. He was re-appointed on 24 January 2021, by His Highness the Amir Sheikh Nawaf Al-Ahmad Al-Jaber Al-Sabah, following his Cabinet’s resignation over differences with parliament.
The resignation of cabinets and swearing in of new ministers have occurred with such dizzying frequency, that many believe this to be the only unfailing aspect of parliamentary life in the country. However, the problem is that frequent cabinet reshuffles and repeated elections have failed to evince any real change in the political dynamics of the state. After every election, the newly sworn in cabinet promises transparency, cooperation and coordination in its working with the legislative. But before the ink on their oath of office signature dries, the opposition raises a new bout of confrontation with contentious issues and interpellations.
The last parliamentary elections held in December 2020 is likely to result in a rinse and repeat of the by now formulaic script of resignation, reappointment, and probably a dissolution and fresh election soon. This prognosis stems from the fact that the December election resulted in a significant gain for traditionalist Islamic and tribal candidates who generally form the main opposition bloc in parliament, at the expense of many incumbents who supported the existing political establishment.
Despite fears of infection from the ongoing Covid-19 pandemic, voter turnout in the 2020 election was high at over 65 percent, with increased political activity and voting among the younger generation. Despite this rise in younger voters, and in contradiction to the common notion that younger people tend to be more liberal in their attitudes, not one of the 29 women candidates who stood in the elections won a seat. Traditional views ingrained in the public psyche are apparently difficult to shake off.
Entrenched societal attitudes and influence of a patriarchal system have hampered more active participation by women in the political sphere and electoral process. This has resulted in the interests of women being poorly represented in the legislature and in legislations. Generally, traditionalists, whether Islamists or tribalists, do not favor women’s participation as candidates, nor do they promote women’s issues in parliament.
Despite these shortcomings in its parliamentary style of governance, Kuwait is often regarded as a pioneer in the vanguard of democratic developments in the Arab world. Citizens enjoy greater personal and political freedom; it has a relatively free media space; and largely free and fair parliamentary elections have been held regularly since 1963.
Moreover, opposition blocs in parliament have proven to be an active and effective force in monitoring executive actions, as well as in introducing and hindering social, political and economic reforms over the years. In general, the political and governing landscape in the country has also shown to be flexible enough to accommodate a contentious parliamentary opposition and vociferous dissent in the public and political space.
But the frequent rows and deadlocks between the appointed government and elected parliament have led to successive government reshuffles and dissolutions of parliament over decades. This has hampered investment and economic and fiscal reforms resulting in significant repercussions on social, political and economic progress and growth of the country. While some people would attribute the recurring strained relationship between the executive and legislative as an immature expression of democracy in Kuwait, it is high time for the government and opposition to get their act together.
Rather than resorting to populist proposals and catering to parochial or personal interests that have little positive impact, the opposition needs to come up with viable alternatives to economic reforms suggested by the government. For its part, the executive needs to accept the opposition’s genuine grievances and work with them to identify effective strategies for creating a socially, economically and politically sustainable future for Kuwait.
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