Civil Society and Democratization in the Arab World. Annual Report. 2004
Published July 2005

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Kuwait

Capital : Kuwait city
Date of Independence : 19/6/1961
Area : 17820 Km
Population (in millions) : 2.3 (est. 2005)
Rate of Population Increase : 3.44% (est. 2005)
Ethnic Groups : 45% Kuwaitis, 35% Other Arabs, 9% South Asians, 4% Iranians, 7% others
Religious Groups : 89% Muslims (49% Sunna, 40% Shi’a), 11% Christians, Hindus and others
Percent of Illiteracy : 16.5%
No. of Provinces : 5
Polity : Traditional monarchy
Head of State : Emir (Prince)
No. of Political Parties : There are no political parties
GDP (in millions)ppp : $ 48,000 (2004)
GDP per Capitappp : $ 21,300 (2004)
 

Overview

Kuwait existed as a political entity since the early eighteenth century. It became a British protectorate in 1899 and gained full independence in 1961. In 1990 it was overrun by the armies of Iraq under Saddam Hussein. In 1991, Kuwait was liberated by an allied coalition led by the United States. Since then Kuwait has lived under the constant threat of a renewed Iraqi aggression, that is until the United States, at the head of another coalition, launched a military campaign in March 2003 against Iraq and toppled the Saddam regime.

All Kuwaiti Emirs since 1756 came from the al-Sabah family which held strong ties with the most prominent merchant families and tribes.

Political Rights and Civil Liberties

1. The Executive, Political Parties and Elections. The country’s first constitution (1962) accorded the Emir broad executive powers, as well as legislative power which he shares with a popularly elected National Assembly (parliament). The Kuwaiti Parliament acts as a partial check on the powers of the ruler but its influence was undermined by a series of restrictions imposed by the executive on political and civil liberties. The broad powers wielded by the Emir enabled him to suspend parliament from 1976 to 1981; then again he suspended it from 1986 up till 1992, when it was restored only after the invading Iraqis were driven out in 1991. Since then Kuwait remains the only Gulf country, perhaps the only Arab country, which has a legislature that serves as a strong check on executive power. It is also the only Arab parliament that forced cabinet ministers to resign, and succeeded in passing legislation over strong objections from the Royal Family and the reigning ruler, such as the law that required segregation of universities by gender. The Assembly is strong enough to force executive concessions by withholding approval of bills, submitted by the government until it yields on other key issues. The drawback of this legislative strength is that it frequently created a deadlock between the government and the legislature that slowed the pace of economic and other reforms. A striking example of this is by years end Parliament, led by the Islamists and conservative tribal members defeated for the third time the government sponsored bill that would have given women the right to vote and run in parliamentary and municipal elections, along with the Bidoon. As a consequence of these excluded groups and the recent raising of the age for voter eligibility from 18 to 21, those eligible to vote do not exceed 15% of the entire population.

Political parties are banned; however, several political blocks―with well known affiliations―exist and are active, very much like political parties, in the National Assembly. Moreover, the government permits civic groups to be politically active. The last national elections took place on 26/7/2003 and were free and fair. Some 246 candidates competed for the 50 parliamentary seats, and voter turnout was 81%. The results showed a solid representation of the traditional tribal groups. The Islamists maintained their same representation of 15 seats while the liberal block suffered a considerable defeat when most of its leaders lost their seats. This vibrant contestation for the legislature is all the more remarkable considering that political parties are banned. Universal suffrage does not exist since women continue to be denied the vote in national elections (but permitted in municipal ones).

2. The Judiciary, Trials, and Detention. The Judiciary system is not entirely independent for the judges are appointed by the Emir for limited terms and renewal of their tenure is subject to governmental approval. However, frequently the courts rule against the government, as happened, for example, when the Court of Appeal overturned on 1/12/2004 a primary Court prison sentence against a religious leader accused of insulting the Emir. Trials are open and relatively fair, and defendants can appeal verdicts and are entitled to legal counsel. Arbitrary arrests and detention are rare; and suspects can only be detained for 4 days in police custody before being brought before an investigating official. Prisons, according to U.S. State Department reports “meet or exceed international standards.” Misdemeanors and felonies are tried in secular courts, while Islamic courts deal with personal status cases and family issues, with Sunni and Shi’a Muslims having separate Shari’a courts.

3. Civil Society and the Freedom of Association. The Constitution provides for freedom of association and assembly. But these freedoms in practice are limited. All NGOs must obtain a license and register in the Ministry of Social Affairs (MOSA) which maintains a close control on all organizations and is empowered to dissolve any association if it deems its activity inappropriate or if it has misused its financial resources. Public gatherings require prior governmental approval, but in practice, however, associations organize informally, and informal social gatherings, called diwainyas, provide a forum for political debate and discussion. There are 52 licensed NGOs, but since 1985 MOSA has granted only six new licenses. Pending are 92 NGO requests for registration. However, hundreds of unlicensed associations operate without hindrance. Licensed NGOs receive government funding that cover operating expenses. In October 2004 the government licensed the first human rights association. In addition it created a committee composed of intellectuals, professionals, and religious leaders, to devise strategies to combat extremist Islamic ideologies.

Though demonstrations are discouraged, there were a few peaceful public demonstrations which the government allowed without interference. There is no universal suffrage, only male citizens above the age of 21 may vote. Trade unions and professional syndicates are permitted provided only one exists per industry or profession. Private sector workers have the right to strike. Since government subsidizes 90% of the expenses of labor unions the latter are deeply influenced by the state.
 

4. Freedom of Speech and the Media. The broadcast media is government owned, but the press is privately owned and is permitted a wide margin of freedom of expression. Several laws allow the government to indict journalists on a variety of offenses. The law permits the government to shut down any publication and arrest its writers on such vague charges as “distortion of public moral principles,” “denial of God and his prophets,” “harming the national interest” or “seeking the fragmentation of society.” But this law has rarely been applied and none were ever convicted under its terms. The press regularly criticizes the government and its domestic and foreign policies. But direct criticism of the Emir is avoided through self-censorship. The government has proposed a legislation that would set a limit to the number of newspapers that are licensed each year, but strong protest from journalists has so far held up passage of the bill. Internet service and foreign satellite TV access is unhindered, but the government has in January 2003 shut down the offices of the Jazeera station in Kuwait, and it called upon the Gulf states to boycott the channel because of its alleged biased reporting on Kuwait.

   
    

5. Freedom of Religion. Islam is the State religion. Sunni and Shia Muslims worship freely and so does the 150,000 Christian community. Sikhs, Hindus, Baha’is and Buddhists may practice their religion freely in private but are not allowed to build public places of worship. Although the number of Shi’a are not much less than the Sunni Muslims, the government licenses few Shi’a mosques; as a consequence the Shi’a have only 36 mosques compared to 1300 Sunni mosques. The teaching of non-Muslim faiths is not permitted in schools or public places, and is limited only to the confines of churches and private homes.

6. Women and the Marginalized. Women are subject to discrimination legally, politically and socially. They are denied the right to vote in parliamentary elections but may do so in local ones. They are disadvantaged in matters of divorce and inheritance which are based on Shari’a, and must have the permission of a close male relative to obtain a passport. Also, if married to a non-Kuwaiti, they cannot confer citizenship to their children. Women remain underrepresented in the public and private workplace, but their numbers are growing. Although women are denied suffrage yet their associations, which enjoy strong government support, are numerous and have considerable influence. Although women represent 70% of university graduates, there are no women in the cabinet, but a few hold relatively senior non-political posts in the state bureaucracy.

A major problem in Kuwait is that of the 80,000 Bidoon, or stateless people, who are considered illegal residents and denied full citizenship rights unless they can prove that their forebears were residents in Kuwait since 1965.
 

II. Prospects for Democratic Change

Although Kuwait has the oldest and most advanced democratic experience in the Gulf region, yet it has so far failed to establish modern democratic institutions. It remains captive to inherited traditional tribal practices and culture. Despite the ban on political parties, it succeeded in organizing tribal groups into effective political forces. Nevertheless, the system contravenes basic democratic norms and values which are grounded in: the equality of rights for all citizens regardless of gender or religion, the separation of powers within the state, and the establishment of competing political parties which would allow change of government through free and fair contested elections. Under the present system, Kuwait can not change its government democratically. The rising power of the Islamists in Kuwait, despite strenuous resistance by the relatively small liberal forces, is also an additional impediment to the establishment of a liberal democratic system in the foreseeable future. A positive democratic indicator is that Kuwait came fourth among Arab countries and 35 among 133 in the world in the 2003 ranking of the International Transparency Index that measures level of corruption. Although the reactionary influence of the Islamists in Kuwaiti society is considerable, yet this is largely counteracted by the seeming determination of the government to expand the margin of liberal practices, particularly with regard to women and minorities.