FREEDOM AGENDA: BETWEEN DISSOLUTION AND

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 001773

SIPDIS

SENSITIVE
SIPDIS

STATE FOR NEA/ARP, LONDON FOR TSOU, PARIS FOR ZEYA

E.O. 12958: DECL: 05/15/2016
TAGS: PGOV KDEM KU FREEDOM AGENDA NATIONAL ASSEMBLY
SUBJECT: FREEDOM AGENDA: BETWEEN DISSOLUTION AND
"GRILLING": LINES DRAWN IN ELECTORAL REFORM STANDOFF

REF: KUWAIT 1744 AND PREVIOUS

Classified By: Ambassador Richard LeBaron for reason 1.4 (d)


1. (C) Summary: On May 16, Parliament approved by a simple
majority a motion to refer the Government's draft law on
constituency reform to the Constitutional Court for review.
The session was boycotted by 29 MPs who support five
constituencies and strongly criticize the Government for
submitting a draft law whose constitutionality is
questionable. The MPs have threatened to "grill" the Prime
Minister, a move likely to push the Amir to dissolve
Parliament. One contact told Econoff she feared a political
crisis could lead to a further decline in Kuwait's stock
market. Others, however, noted that a dissolution would lead
to national elections in which women could participate, both
as voters and candidates, for the first time in Kuwait's
history. One result of the constituency debate has been the
alliance of liberals and Islamists to promote political
reform. Some contacts are chagrined that the level of
emotion and rhetoric has surpassed normally-accepted limits
of Kuwaiti discourse. End summary.


2. (SBU) On May 16, Parliament narrowly approved a motion to
refer the Government's draft law on constituency reform to
the Constitutional Court for verification of its
constitutionality. With Government support, the motion
passed by 33 votes, a simple majority of the 65-member
Parliament. The session was boycotted by 29 pro-reform MPs
after security personnel prevented supporters of a reduction
to five constituencies from entering the Parliament building
to observe the session. According to a constitutional
expert, it is unprecedented to refer a law to the
Constitutional Court before it has been ratified by
Parliament. No date has been set for the court to review the
draft law, but a final verdict could take months and delay
passage of any reduction proposal until after the 2007
parliamentary elections.

Pro-Reform MPs Push Government Red Lines
--------------


3. (SBU) During a contentious session on May 15, 29 MPs
heavily criticized the Government for submitting a draft law
whose constitutionality was questionable. When the motion
came to a vote May 15, the MPs walked out to the applause of
spectators, forcing the adjournment of the session (ref A).
The 29 MPs have threatened to either grill the Prime Minister
or invoke Article 102 of the Constitution, which states, "If
the National Assembly decides...that it cannot cooperate with
the Prime Minister, the matter shall be referred to the Head
of State. In such a case, the Amir may either relieve the
Prime Minister of office and appoint a new Cabinet, or
dissolve the National Assembly." Invoking Article 102 would
have to be approved by a majority of MPs (25). According to
an official at the PM's Diwan, a request to grill the PM,
though legal, is unprecedented and would cross the
Government's "red lines," likely pushing the Amir to dissolve
the Parliament. (Note: Dissolving Parliament is
constitutionally legal as long as new elections are held
within two months. Parliament was last dissolved in 1999.
End note.) The 29 MPs are reportedly scheduled to hold a
rally in front of Parliament at 8pm on May 16 to announce
their next steps.


4. (C) Many Kuwaiti contacts are concerned that the current
standoff will spiral into a political crisis, resulting in
the dissolution of Parliament. One senior official at the
Kuwait Stock Exchange told Econoff she feared a dissolution
would negatively impact the stock market, already reeling
from several months of steady decline. Some contacts,
however, point out that a dissolution would lead to elections
in which women would participate on the national level for
the first time since being granted full political rights in
May 2005. (Note: Women voted for the first time in a
Municipal Council by-election in April. End note.) Others,
including a senior advisor to the Amir and a liberal
professor who spoke to the Ambassador, regret that this
political conflict has become so emotionally-charged.

An Unholy Alliance
--------------


5. (C) One result of the battle over constituency reform has
been the alliance of liberal and Islamist MPs against the
Government and the 18-member Independent (pro-Government)
Bloc in Parliament. During the May 15 session, liberal MPs

KUWAIT 00001773 002 OF 002


like former Speaker Ahmed Al-Saadoun and Chairman of the
Foreign Affairs Committee Mohammed Jassem Al-Sager stood
side-by-side Islamist MPs like Walid Al-Tabtabaie and Faisil
Al-Mislim while addressing supporters of five constituencies
observing the session. One Islamist MP told Poloff the
alliance between liberals and Islamists to promote political
reform was a positive development and one that made the
Government nervous.


6. (SBU) (SBU) In a related development, after the May 16
session Islamist MP Faisil Al-Mislim told reporters that
Minister of Communications Dr. Ismail Al-Shatti, a senior
member of the Islamic Constitutional Movement (ICM),the
political arm of the Kuwaiti Muslim Brotherhood, had resigned
in protest of the Government's position. Kuwait News Agency
(KUNA) later quoted Al-Shatti as denying the resignation. MP
Dr. Nasser Al-Sane, one of two ICM MPs, told the press
afterwards that the ICM considered itself no longer
represented in the Government due to Al-Shatti's position,
suggesting he may have refused to resign despite ICM
pressure.

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For more reporting from Embassy Kuwait, visit:
http://www.state.sgov.gov/p/nea/kuwait/?cable s

Visit Kuwait's Classified Website:
http://www.state.sgov.gov/p/nea/kuwait/
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LEBARON