KUWAITI AMIR DISSOLVES PARLIAMENT; NEW ELECTIONS

UNCLAS SECTION 01 OF 03 KUWAIT 001833

SIPDIS

SENSITIVE

SIPDIS

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

E.O. 12958: N/A
TAGS: PGOV KDEM PHUM KU FREEDOM AGENDA
NATIONAL ASSEMBLY
SUBJECT: KUWAITI AMIR DISSOLVES PARLIAMENT; NEW ELECTIONS
JUNE 29

REF: A. KUWAIT 1789: FREEDOM AGENDA - THE GOVERNMENT
KEEPS ITS COOL AS PRESSURE ON ELECTORAL
REFORM HEATS UP

B. KUWAIT 1773: FREEDOM AGENDA - BETWEEN
DISSOLUTION AND "GRILLING"

C. KUWAIT 1744: FREEDOM AGENDA - KUWAIT'S ORANGE
REVOLUTION

D. 99 KUWAIT 4870: REFLECTIONS ON KUWAIT'S
UNPRECEDENTED 91-DAY POLITICAL DRAMA


1. (U) Summary and comment: On May 21, the Amir issued
decree 146 exercising his constitutional power to dissolve
Parliament after weeks of contentious debate on reducing the
number of electoral constituencies reached an impasse with 29
Members of Parliament (MPs) intent on "grilling" the Prime
Minister unless the Government supported five constituencies.
Describing democracy as "deeply rooted in Kuwait" and
expressing regret at the failure of discussions between MPs
and an intergovernmental committee charged with studying
electoral reform, the Amir said it was incumbent upon him to
make this difficult decision for the sake of Kuwait's
security and unity. Per Article 107 of the Kuwaiti
constitution, new elections must be held within two months
and Amiri decree 147 released after the dissolution scheduled
elections for Thursday, June 29.


2. (SBU) This Parliament has been notable for its inaction
on important reforms and for focusing instead on pork barrel
legislation. At the same time, the Prime Minister's divided
cabinet did not exercise strong leadership in dealing with
the Assembly. The upcoming elections will be the first
national elections in Kuwait's history in which Kuwaiti women
will be allowed to participate as both voters and candidates.
Women's participation in the elections will more than double
the number of voters. In the period before the elections,
the Amir can move forward on pressing legislative matters by
issuing decrees, but this authority is checked by the
requirement that any Amiri decrees issued during the period
when Parliament is dissolved are voided unless approved
retroactively when Parliament is reseated. End summary and
comment.


3. (U) Suggested (IF ASKED) Press Guidance: We have
followed closely the debate in Kuwait over reforms to the
electoral law and understand the Amir has exercised his
constitutional power to dissolve the Assembly and call for
new elections. This is an internal political matter that we
trust will be resolved in accordance with the provisions of
the Kuwaiti constitution. Since May of last year when the
vote was extended to women, Kuwait has been making important
strides in expanding freedom. As a good friend, the United
States extends full support to the Government and people of
Kuwait at this important time in the political history of the
country.

The Constitutional Power to Dissolve Parliament
-------------- --


4. (U) On May 21, following weeks of contentious debate on
reducing the number of electoral constituencies from the
current 25, Amir Shaykh Sabah Al-Ahmed Al-Jaber Al-Sabah
exercised his constitutional powers and dissolved Parliament
by Amiri decree 146. In a televised national address, the
Amir summarized the weeks of discussion on electoral district
reform and said he had hoped that an ongoing dialog between
MPs and an intergovernmental committee would be successful.
Saying "There is no doubt that the charged climate in which
wisdom was absent did allow for practical solutions," he
concluded that, for the sake of Kuwait's security and
national unity, there was no other option but to dissolve
Parliament. According to Article 107 of the Kuwaiti
constitution, new National Assembly elections must be
scheduled within two months or the dissolution will be voided
and the Assembly reseated. Amiri decree 147 set an election
date of June 29. During the dissolution period, Article 71
permits the Amir to issue decrees which will have the full
force of law. Once elected, a new National Assembly must
approve such decrees in order for them to remain valid.
(Texts of Articles 71 and 107 provided below.)


5. (SBU) Parliament has been dissolved three times, most
recently in 1999 for a 91-day period (May 4 - August 3,
1999). Former Amir Shaykh Jaber Al-Ahmed Al-Jaber Al-Sabah

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concluded that the GOK and Parliament were unable to
cooperate and strictly followed constitutional procedure by
dissolving Parliament and immediately scheduling elections.
Current Amir Shaykh Sabah, then First Deputy Prime
Minister/Foreign Minister, was reportedly the driving force
behind the 1999 dissolution decision. There are also two
cases of unconstitutional parliamentary dissolution. In 1976
and again in 1986, the Amir dissolved Parliament by decree
and failed to schedule new elections within the prescribed
two-month period. The first dissolution lasted four and
one-half years; the second lasted for six years and three
months.

Dissolution: Not Necessarily a Bad Thing
--------------


6. (SBU) The Amir is acting in accordance with his
constitutional powers in dissolving Parliament and the
decision may bode well for Kuwait's continued democratic and
economic reform. The current Assembly has distinguished
itself by its inability to pass more than a few laws that
serve the national interest, instead focusing on pork barrel
legislation such as raising public sector salaries and
forgiving outstanding electricity bills and interest on
loans, initiatives that were rejected by the Government.
Some observers suggest the Amir could introduce a
redistricting plan during the dissolution period on which the
upcoming elections would be based. Even if this does not
happen, the participation of women in the elections for the
first time in Kuwait's history will more than double the
number of voters and reduce the potential for electoral
corruption. The end result could be a Parliament that is
less tainted by vote buying and more focused on national
issues than the previous one.


7. (SBU) Many Kuwaitis are likely to support the dissolution
due to their frustrations with the current Parliament and
their feeling that the debate over electoral reform has gone
too far. Criticism of the Government has been particularly
intense and many MPs' personal attacks against Cabinet
members like Energy Minister Shaykh Ahmed Al-Fahd Al-Sabah
and Deputy Prime Minister and Minister of State for Cabinet
Affairs/National Assembly Affairs Mohammed Sharar for
blocking reform legislation are unprecedented. Others
however will blame the Prime Minister and a divided cabinet
for not exercising clear and strong leadership.

A Last Resort
--------------


8. (SBU) Many see the dissolution as a last resort for the
Government intent on reasserting its authority over an
elected assembly seeking to grab a larger share of power.
From the moment a bloc of 29 Members of Parliament (MPs) who
support five constituencies, rather than the ten proposed by
the Government, walked out of Parliament on May 15 in protest
of the Government's proposal, tension has been steadily
increasing. In a May 19 rally, the MPs reiterated their
intention to grill the Prime Minister if the Government
refused to withdraw its proposal and introduce a five
constituency plan instead. They also vowed to boycott on May
22 an extraordinary session of Parliament called by the
Government to discuss its proposal. Blasting the Government,
Salafi MP Walid Al-Tabtabaei told the demonstrators, "There
is nothing left for the PM but to resign." Ahmed Al-Mulaifi
echoed this view, telling reporters, "There is no room for
any negotiations. It's either five constituencies or the
questioning of the premier." According to most estimates,
over 1,000 people attended the rally.


9. (SBU) Parliament's 18-member Independent Bloc, which
claims to support ten constituencies but opposes the
Government's proposal, held a counter demonstration on May

20. The Independent Bloc MPs also criticized the Government
for demographic disparities between the ten constituencies in
its proposal and threatened to boycott the May 22 session if
the Government failed to introduce a "fair" reform plan.

So What's Next?
--------------


10. (SBU) Although elections have now been scheduled for
June 29, decisions have yet to be made on candidate

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registration. Potential female candidates who were preparing
for 2007 elections have already begun to organize for an
intense one-month campaign. The Amir may use the dissolution
period to issue Amiri decrees passing legislation that has
long languished in Parliament and/or to announce a
redistricting plan. It is unlikely though that he will
approve highly controversial legislation, like the Kuwait
Project (development of the northern oil fields),since all
decrees issued during the dissolution period must be ratified
retroactively by the new Parliament. The one exception could
be a redistricting plan since the elected MPs would benefit
from the change and thus be unlikely to reverse it.
Parliament can also scuttle decrees. In 1999, Parliament
failed to approve an Amiri decree, issued during the
dissolution period, granting women full political rights.
Despite support for the measure among some MPs, they failed
to ratify the decision to signal opposition to the decree
process.


11. (U) Begin text of Articles 107 and 71 of Kuwait's
Constitution.

Assembly Dissolution: Article 107
--------------

The Amir may dissolve the National Assembly by a decree in
which the reasons for dissolution shall be indicated.
However, dissolution of the Assembly may not be repeated for
the same reasons.

In the event of dissolution, election for the new Assembly
shall be held within a period not exceeding two months from
the date of dissolution.

If the elections are not held within the said period, the
dissolved Assembly shall be restored to its full
constitutional authority and shall meet immediately as if the
dissolution had not taken place. The Assembly shall then
continue functioning until the new Assembly is elected.

Amiri Decrees: Article 71
--------------

Should necessity arise for urgent measures to be taken while
the National Assembly is not in session or is dissolved, the
Amir may issue decrees in respect thereof which shall have
the force of law, provided that they shall not be contrary to
the Constitution or to the appropriations included in the
budget law.

Such decrees shall be referred to the National Assembly
within fifteen days following their issue is the Assembly is
in being. If it is dissolved or its legislative term has
expired such decrees shall be referred to the next
Assembly at is first sitting. If they are not thus referred
they shall retrospectively cease to have the force of law,
without the necessity of any decision to that effect. If
they are referred and the Assembly does not confirm them,
they shall retrospectively cease to have the force of law,
unless the Assembly approves their validity for the preceding
period or settles in some other way the effects arising
therefrom.

End text.

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For more reporting from Embassy Kuwait, visit:
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LEBARON