Are we following Constitution?
‘Do more to end violations’
“TOMORROW (Wednesday) is the anniversary of the enactment of the Kuwaiti Constitution. The aim of this Constitution was to transform Kuwait into a modern state of law and institutions,” columnist, Constitutional Expert and the Dean of Kuwait University’s Faculty of Law Professor Dr Mohammad Abdulmohsen Al-Moqatei wrote for AlQabas daily Tuesday.
“Based on this Constitution the sovereignty resides in the people. In the meantime, the Constitution has maintained the terms of reference of the Ruling Family, particularly in terms of providing the State with the figures to occupy the posts of the Amir and the Crown Prince.
“In other words, this Constitution has created a unique balance between the Kuwaiti people and the Ruling Family on one hand and among the three constitutional powers the Judiciary, the Legislature and the Executive authority — the Legislature in the capacity as a parliamentary and popular controller of the performance of the two other powers and on the other hand given the fact that all of the three powers practice their activities under the umbrella of valid laws.
“However, fifty-three years have elapsed for the enactment of the Constitution of Kuwait, hence we would like to seize the opportunity to record our due observation on this document; the first of which says, unfortunately this Constitution has been and is still being used by many parties from the Ruling Family, the political currents and some parliamentary symbols and members as a weapon for political provocations and this was evident when some of its principles were used in a selective manner that has nothing to do with the integration of this document.
“In other words, it looks as if these parties are striving to modify the constitutional principles and provisions to suit their political whims and objectives through some construal that have been seemingly prepared to keep abreast with theirs mistaken practices.
“But the worst aspect in this connection is to see every relevant party appointing a legal advisor to let the latter issue fatwas (edicts) to meet their deviate caprices through freak explanations and precedents.
“In this context, we suggest all of us should be keen to authorize only the specialists to read and construe the constitutional stipulations through scientific, legal and juristic rules. In other words, this task should not be given to any unqualified employees to deal with the constitutional texts.
“Apart from the above, we have seen several practices on the part of the government and the Parliament violating the Constitution. These practices have sometimes consecrated mistaken notions, particularly in terms of the position of the Ruling Family members in the official decrees to such an extent the practices in question have given these members priority at the expense of members of both the executive and legislative powers and this is unconstitutional.
“Not just that, based on the practices in question some ruling family members have been occupying some leading posts — positions which should not have been awarded to them and this was evident in the manner the government has been formed.
“Apart from the above, these practices have created a class of parliamentarians and employees who are striving only to serve their own interests by indulging in cheap political blackmailing and this can be mostly attributed to the absence of organized political action, inappropriate selection of some MPs, some of whom represent the interests of some foreign countries. These practices can be enough to submit a no confidence motion against any of those MPs.
“Furthermore, we have observed a lot of laws have been enacted against the constitutional values. In this connection, we cite the law which governs the distribution of election constituencies which seems to have been engineered to destroy national values and belongings.
“In other words, the distribution in question has consecrated the denominational, sectarian, tribal and provin-
Al-Moqatei cial tendencies at the expense of the nationalistic feelings under which all citizens should be amalgamated in a single entity to achieve a fair and relative representation system in the Parliament.
“Meanwhile, we also say the Press and Publication Law and the Audio-Visual Law and the Electronic Broadcasting Law have been seemingly engineered to impose more restrictions on the public freedoms and this is something that is contrary to the Constitution.
“In conclusion, we suggest the anniversary of the enactment of the Constitution should actually constitute an occasion to hone the wills and efforts to protect and remain committed to the Constitution and work to unfold the constitutional culture among citizens to correct the unconstitutional practices.
“In the meantime, all citizens must realize that this ‘Document’ (Constitution) represents the basic pillars of the State and a terms of reference to achieve unity among various components of the country and this is something that has been proved by the realistic and practical experiments, not just abstract provisions.”
Also: “On the occasion of 53rd anniversary of the Kuwaiti Constitution which was issued in 1962, we would like hereby to scrutinize this document in the framework of a political reality,” columnist, Professor at Kuwait University’s Political Science Department and former MP Dr Hassan Abdullah Jowhar wrote for Al-Jarida daily Tuesday.
“As a matter of fact, this constitutional document emanated from popular demands since the appearance of Kuwait as an entity, political power and people. In other words, it was an inevitable outcome for the insistence pursued by the Kuwaitis to participate in the rule of their country.
“However, this insistence initially encountered objection until the reign of the late Sheikh Abdullah Al-Salem which was crowned by the country’s independence, the enactment of the Constitution and the adoption of the modern democracy and development.
“But the question hovering overhead is: can this Constitution respond to our current requirements and to the requirements of our future generations? Do we need to revise and amend this Constitution? Will the current political circumstances allow such a revision and amendment? Who will undertake this process and how can this Constitution be revised and amended?
“It is needless to say the above are significant questions which impose themselves from time to time in spite of such obstacles and difficulties under which the revision and amendment of the Constitution that meets the ambitions of the people seems impossible.
“Personally speaking, I am beginning to be convinced that based on democratic pillars and calls for more freedom in addition to the expansion of the people’s role in terms of taking the country’s political decisions and contribution to the rule entails the amendment of the Constitution in some way or the other help boost democracy and achieve more parliamentary reforms in addition to the expansion of the freedom of margin under a civil State that believes in political pluralism and peaceful transfer of power.
“Apart from the above, we say generalizing the political culture and enhancing the level of awareness among citizens seem to be the more significant aspect to pave the way for the revision of constitutional texts, particularly since we the Kuwaitis during the constitutional era were torn apart on tribal, sectarian and ethnical basis, hence we found this community is now going to the polls still stuck to their narrow belonging.”
“Some people have been requesting for an end to dialogue with Iran because the latter continues to attack the policies of the GCC countries,” Waleed Ibrahim Al-Ahmad wrote for Al-Rai daily.
“This is justified by the increase in the number of terrorist cells in the Arabian Gulf region such as the Abdali cell in Kuwait and some others in Bahrain.
“However, such a request is wrong and should not be heeded since it is based on emotions of anger and distress instead of logic and stability when dealing with crises.
“Political dialogues and expressing of viewpoints, despite the level of misunderstanding, is necessary in dealing with bad political situations in the Arabian Gulf region. The activities of Iran and its sleeper cells among us clearly aggravated after the so-called historic ‘n-treaty.’ It was after this that Russia flexed its muscles in the Syrian sky! The region is in flames and is severing relations easily as requested by some people, due to discovery of cells, lack of wisdom and political sagacity.”
“What is happening in the oil sector? What is the reason behind this frivolity and clash of interests? Will the problem escalate to the extent of affecting the mainstay of our national economy only to serve individual parochial interests?” Eng Fahad Dawood AlSabah wrote for Al-Nahar daily.
“Firstly, it is necessary to affirm that the lawmakers did not leave any constitutional loophole in managing the affairs of that sector due to which they should block the loopholes with clear draft that is devoid of misconception. All employees in the oil sector, from top to bottom of the ladder, should abide by the Constitution’s provisions. It is impossible for anybody, no matter how highly placed, to change this active industry for only serving personal interests. The law should take its course when that happens.
“The recent appointments in top positions provoked controversies between the concerned minister and administrative boards of some companies, because it affects certain interests and the unwillingness to infuse fresh bloods into the affected administrations as well as inability of some officials to change positions due to pressures from the parliament or some influential people unfortunately.”
“The news item published by Al-Rai daily on Nov 4, 2015 about a faction in PAAET requesting financial support from a clan chief to assist in paying the salaries of teachers is ridiculous, shameful and humiliating for the components of a civil society and a constitutional state,” columnist Saud AlSamaka wrote for Al-Seyassah daily.
“What features of civil state and society will remain to be admired in this country if this is happening in a country of institutions, while students from our institutions of higher learning graduate waving tribal slogans with agendas?
“There’s no doubt that any person resorting to the tribal chief for help does not recognize the State and its institutions or State authority, it’s Constitution, laws, justice system and parliament. In fact, such individuals neither recognize the state with its components nor respect it.
“I have to ask the government when the interference of tribes and clans in the expertise of the Government end. Until when will the tribe interfere with the duties of state? Are we really an independent country with complete civil sovereignty or a tribal State?”
“Half a century ago, the Hollywood movie industry produced a film titled ‘Guess who’s coming to dinner’ and it became a very successful movie stirring a controversial debate that continued for a long time in the newspapers and on television,” columnist Ahmad Al-Sarraf wrote for Al-Qabas daily.
“The plot of the movie was about the daughter of ‘white’ liberal activists who got engaged to a ‘black’ widowed physician. Despite her family’s liberal claims, the black son-in-law ‘to be’ didn’t receive a warm welcome. In fact, the girl’s family was unable to hide the manner in which they despised the entire issue about their daughter marrying a black man.
“The movie was contentious because, it was produced at a time when marriage between ‘whites’ and ‘blacks’ was unconventional, and it seems that the family never expected their liberalism would be put to test, despite being liberal activists.
“The same goes for ‘liberals’ in our country who claim to stand for liberal values, while in reality, they are not ready to embrace such values. For this reason, I hope the honorable Minister of Awqaf and Islamic Affairs and Minister of Justice Yaqoub Al-Sanae will manage to instill liberal values in his appointment of officials in the two ministries to ensure he involves individuals from the entire social structure.”
— Compiled by Zaki Taleb