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Kuwait - 2023 Politics

The tiny oil-rich nation along the Persian Gulf has seen four elections in as many years, underscoring a political gridlock between the assembly and the royals and their appointed government. Kuwait is a constitutional, hereditary emirate ruled by the Al Sabah family. While there is also a democratically elected parliament, the Amir holds ultimate authority over most government decisions. The most recent parliamentary general election, considered generally free and fair, was held in September 2022.

The constitution stipulates the country is a hereditary emirate. Kuwait has a monarch from the ruling al-Sabah family, Emir Nawaf al-Ahmad al-Jabir al-Sabah, but his paternal half-brother, Crown Prince Sheikh Meshaal al-Ahmad al-Jaber al-Sabah has recently taken on a larger role. The emir holds the most powerful position in the country and appoints the prime minister who, in turn, appoints the cabinet.

The country’s 65-seat National Assembly has more influence than in other Gulf monarchies, challenging the executive branch at times. Fifty seats in the parliament are up for grabs in election. The remaining 15 are appointed by the emir.

The 50 elected members of the National Assembly (plus government-appointed ministers) must approve the Amir’s choice of crown prince by majority vote conducted by secret ballot. According to the Succession Law, the crown prince must be a male descendant of Sheikh Mubarak Al Sabah and have attained the age of 30, possess a sound mind, and be a legitimate son of Muslim parents. The National Assembly may remove the Amir from power by a two-thirds majority vote if it finds that any of these three conditions were not met.

Significant human rights issues included credible reports of: torture or cruel, inhuman, or degrading treatment or punishment by government agents; arbitrary arrest; political prisoners and detainees; serious restrictions on free expression and media, including censorship and the existence of criminal libel laws; serious restrictions on internet freedom; substantial interference with the freedom of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental organizations (NGOs) and civil society organizations; restrictions on freedom of movement including the right to leave the country; serious government corruption; government harassment of domestic human rights organizations; lack of investigation of and accountability for gender-based violence, including domestic or intimate partner violence; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; and the existence and use of laws criminalizing consensual same-sex sexual conduct between adults.

There were many reports that individuals had to pay intermediaries to receive routine government services. Police corruption was a problem, especially when one party to a dispute had a personal relationship with a police official involved in a case. There were numerous allegations in the media that police favored citizens over noncitizens. There were several reports of corruption in the procurement and bidding processes for lucrative government contracts.

Numerous activists representing stateless persons of Arab heritage – known as Bidoon – reported mistreatment at the hands of authorities while in detention. Human Rights Watch, Amnesty International, and the media estimated the Bidoon resident population alone at more than 100,000, while the government reported the Bidoon population to be approximately 88,000. There continued to be allegations from individuals that they were subjected to unlawful detention and physical and verbal abuse in police centers and State Security detention centers. Multiple transgender individuals reported cases of rape and physical and verbal abuse by police and prison officials. The government alleged that most Bidoon residents concealed their “true” nationalities and were not actually stateless.

The Kuwait Times reported that the Ministry of Interior had deported 30,000 expatriates during 2022, of whom 660 were deported judicially, with the majority deported administratively. Sources indicated that expatriates were deported for “drug use, fighting, theft, brewing alcohol, and expired residencies”.

Detainees facing “state security” charges were routinely denied access to their lawyers, interpreters, and document translators in advance of hearings. Authorities held some detainees beyond the maximum pretrial detention period of six months. The length of pretrial detention did not equal or exceed the maximum sentence for the crime. NGOs familiar with the judicial system reported that they believed the number of judges and prosecutors working at the Ministry of Justice was inadequate to process cases in a timely manner.

Judges who are Kuwaiti citizens receive lifetime appointments until they reach mandatory retirement age. Noncitizen judges held one- to three-year renewable contracts. The Supreme Judicial Council may remove judges for cause. The government continued implementing a “Kuwaitization” initiative launched in 2021 to recruit more of its own citizens for public sector employment, including in the judiciary. Generally, the judiciary was independent; however, noncitizen residents involved in legal disputes with citizens frequently alleged the courts showed bias in favor of citizens. In some cases, legal residency holders – principally foreign workers – were detained and deported without recourse to the courts.

There were many reports of persons detained for expressing their political views. These individuals were given the same protections as other detainees and the government permitted human rights groups to visit them. Throughout the year the government continued to arrest individuals on charges such as insulting the Amir, leaders of neighboring countries, or the judiciary; or “spreading false news.” Sentences for organizing public demonstrations amongst the Bidoon, participating in unlicensed or illegal demonstrations against the country’s ruling system, spreading false news, or criticizing the Amir or other leaders on social media ranged from six months in prison to 10 years plus fines for multiple offenses.

The law bans certain issues for publication and public discussion. Topics banned for publication include insulting religion, in particular Islam; criticizing the Amir; endangering relations between Kuwait and friendly countries; insulting members of the judiciary or displaying disdain for the constitution; compromising classified information; sorcery; and publishing information that could lead to a devaluation of the currency or create false economic worries. In general, local activists, academics, journalists, and opposition political figures reported they were sometimes contacted by KSS, Ministry of Information, and Public Prosecutor’s Office officials after they had published opinions deemed contrary to government positions. Government officials have broad latitude to interpret what constitutes a crime when criticizing the Amir or the government, and activists can face up to seven years in prison for each count. The courts continued to sentence political activists to harsh prison sentences for charges of criticizing the Amir, the government, religion, or friendly neighboring states.

Independent media were active and expressed a variety of views within legally permissible limits. All print media were privately owned, although their independence was limited by law and self-censorship based on fear of prosecution. The government did not permit non-Islamic religious publishing companies, although several churches published religious materials solely for their congregations’ use. The law allows for large fines and up to 10 years in prison for persons who use any means (including media) to subvert the state. In May 2022 the Public Prosecutor’s Office ordered state security forces to arrest ruling family member Sheikh Fahd Salem Al-Ali for posting a tweet allegedly criticizing the Amir.

Independent media were active and expressed a variety of views within legally permissible limits. All print media were privately owned, although their independence was limited by law and self-censorship based on fear of prosecution. The government did not permit non-Islamic religious publishing companies, although several churches published religious materials solely for their congregations’ use. The law allows for large fines and up to 10 years in prison for persons who use any means (including media) to subvert the state.

Ministries of Education and Information censored most English language educational materials that mentioned the Holocaust and required educational material either to refer to Israel as “Occupied Palestine” or to remove such references entirely.

Although no law formally bans political parties, the government did not recognize political parties or allow their formation in practice. National Assembly candidates must nominate themselves as individuals. Well-organized, unofficial blocs operated as political groupings inside the National Assembly, and members of parliament formed loose alliances.

The election law criminalizes informal tribal primary elections for member of parliament candidates. According to the law, violators could face a prison term of up to five years. Over 2022, several citizens were arrested, prosecuted, and sentenced for participating in illegal tribal primary elections prior to the 2020 elections. In March 3033, the Court of Appeals upheld the sentence of two former MPs for two years in prison for participating in tribal primary elections.

Although women gained the right to vote and run for office in 2005, they continue to face cultural, social, and financial barriers to full political participation. For example, some tribal leaders excluded women from running for office by banning them from being considered as candidates for or attending unofficial but illegal tribal primaries. Cultural norms often led to the exclusion of women from local gatherings, called diwaniyas, which candidates attend to lobby for support from influential leaders and voters.

A parliamentary vote was held in June 2023 amid political tensions between elected politicians and the ruling family. During that election, the opposition retained a majority of the vote resulting in a continuing political deadlock. Voter turnout in the 2023 election – the country’s third vote in three years – was 51 percent. The assembly and the appointed government have not been able to move past political gridlock in recent years and that has prevented the enactment of basic reforms in the country. The impasse, for example, has prevented the country from taking on debt, and that has left it with little in its coffers to pay bloated public sector salaries despite its immense oil revenues. Many say the government has not properly invested in education, healthcare and other services. Kuwait, a staunch US ally, has the world's sixth largest oil reserve.

The elections 05 April 2024 were the fourth to be held in as many years, again after the emir dissolved parliament at short notice. The polls were the first to be held under new Emir Sheikh Mishal al-Ahmad al-Sabah who came to power late last year after the death of his half-brother and predecessor, Sheikh Nawaf al-Ahmad al-Jaber al-Sabah. Sheikh Mishal dissolved parliament on February 15 citing violations of the constitution, after the body refused to reprimand a politician for allegedly insulting him. He had criticised the National Assembly and the government in his first speech before parliament after taking over, saying they were “harming the interests of the country and its people”.

Opposition candidates won 29 seats in the 50-member assembly, closely matching the outcome of last year’s polls, official results show. Shia Muslim legislators secured eight seats in the predominantly Sunni Muslim country, one more than last year. Seats for the Islamic Constitutional Movement, which represents the Kuwaiti branch of the Muslim Brotherhood, fell to one from the previous three. Overall, the makeup of the new parliament is very similar to the outgoing one, with all but 11 politicians retaining their seats.

On 11 May 2924 the Kuwait emir dissolved the country's parliament once again, just a month after the snap elections following his last dissolution of parliament. Sheikh Meshal Al Ahmad Al Jaber said in a speech carried by state television on Friday that the "unhealthy atmosphere experienced by Kuwait in previous years has encouraged the spread of corruption to reach most state facilities, and unfortunately it reached the security and economic institutions." He added that he would "never allow the misuse of democracy to destroy the state, because the interests of the people of Kuwait, which are above all."

Kuwait announced on 12 May 2024 the formation of a new government for the country headed by Sheikh Ahmed Al-Abdullah Al-Sabah, in the first “Amiri decree” after suspending parliamentary life for at least four years, according to what the Kuwait News Agency (KUNA) announced. In addition to the Prime Minister, the government includes 13 ministers, many of whom were part of the previous government formation.

Sheikh Fahad Al-Yousef Al-Sabah maintained his position as First Deputy Prime Minister, Minister of Defense and Minister of Interior. The new formation included Sharida Al-Maousherji, Deputy Prime Minister and Minister of State for Cabinet Affairs, and Imad Al-Ateeqi, who maintained his position as Deputy Prime Minister and Minister of Oil. Also, Abdullah Al-Yahya maintained his position as Minister of Foreign Affairs, and he is the first person from outside the ruling family to hold this portfolio during the era of Sheikh Meshaal Al-Ahmad Al-Sabah, who assumed power in December last year.

The new government included two women: Noura Muhammad Al-Mashaan, who remained in her position as Minister of Public Works and Minister of Municipality, in addition to the entry of the likes of Hadi Al-Huwaila as Minister of Social Affairs, Labor, Family and Childhood Affairs, and Minister of State for Youth Affairs.

Prime Minister-designate Sheikh Ahmed Abdullah Al-Ahmad Al-Sabah has not been able to form his government team since his appointment in mid-April, due to the MPs’ rejection of the ministerial portfolios he offered them, due to dissatisfaction with the portfolios offered, and some due to their fear that it would be an interim government and they might lose their parliamentary seats if Join her.

The new government formation came two days after the Emiri order to “dissolve the National Assembly and suspend work on some articles of the Constitution for a period not exceeding 4 years,” in addition to “the Emir and the Council of Ministers assuming the powers delegated to the National Assembly.” The Emir attributed his recent decision to the “interference” of some representatives in the Emir’s powers and others imposing “conditions” on the formation of a government, adding: “We find some who go so far as to interfere in the heart of the Emir’s powers and his choice of his crown prince, forgetting that this is an explicit constitutional right of the Emir.”

The Emir suspended seven constitutional articles or paragraphs: 51, 56, 71, 79, 107, 174, and 181. The most prominent of these stipulates that “legislative authority is exercised by the Emir and the National Assembly,” that “no law shall be issued unless it is approved by the National Assembly and ratified by the Emir,” and that “elections for the new Assembly must be held within a period not exceeding two months from the date of dissolution. If the elections are not held within that period The dissolved Council shall regain its full constitutional authority, meet immediately as if the solution had not occurred, and continue its work until the new Council is elected.”

The decision to dissolve came 4 days before the opening of the National Assembly, which was elected in early April, and after representatives refused to participate in the government. The reason for dissolving Parliament is often the demand of representatives to hold ministers from the princely family accountable against the backdrop of corruption-related issues. The Kuwaiti Constitution grants every representative in the National Assembly the right to question ministers and the Prime Minister, and also requires the presence of at least one representative in the government.