The Empty Quarter

The question still remains whether the Emir wishes to abide by the constitution or abrogate it with the rumored two-year suspension. Al-Sabah has few legal options. Basically, he must choose new elections (and hope for a change in parliament), choose a new cabinet, or both. Article 181 of the Kuwaiti constitution forbids the suspension of Parliament – at least for an indefinite period, although that doesn’t mean it hasn’t been done before. If the assembly is dissolved under article 107, an election is supposed to take place within two months. If not, the old assembly is replaced until a new one is elected. The Emir is then unable dissolve parliament again “for the same reasons.”

Its interesting that business is eager to have the parliament dissolved. Goes to show just how bad the situation is.

MPs FEAR UNCONSTITUTIONAL DISSOLUTION; Kuwait awaits crisis end-game

KUWAIT CITY, March 17: Kuwaiti National As-sembly Speaker Jassem Al-Khorafi adjourned Tuesday’s session due to lack of quorum, confirming he had obtained information about the non-attendance of the Cabinet after HH the Amir Sheikh Sabah Al-Ahmad Al-Sabah accepted its resignation Monday. Asked what lies ahead for the Parliament, Al-Khorafi stressed “I have not been officially notified on any decision taken against the National Assembly. I have been hearing the same news that you might have heard, but nothing is definite until now.” Refusing to discuss anything that has not been officially announced, Al-Khorafi stated the much-awaited announcement might revolve around the appointment of a prime minister to form a new Cabinet or something related to the government. “The next parliamentary session  will take place within two weeks unless there are new developments,” he concluded.

Meanwhile, several MPs voiced their concern over the suspension of the Parliament without calling for fresh legislative elections after 60 days as stated by the Constitution. “We all dread this move but it is possible,” they admitted. The political situation in the country remains unstable despite the approval of the Cabinet’s resignation Monday and speculations are rife on the two-year suspension of parliamentary proceedings. “All indications point towards the unconstitutional suspension of parliamentary practices.  We don’t want it, but the Parliament is obviously heading towards this direction due to the behavior of a few MPs. We just hope the suspension will not be too long,” said Dumaitheer.  If this happens, it will be the third suspension of parliamentary proceedings in Kuwait, since the enactment of the Kuwaiti Constitution in 1962. The first suspension occurred in 1976, which lasted for five years, and then in 1986 for six years, due to a deadlock between the government and MPs.

Dumaitheer went on to say that a number of parliamentarians went “too far in instigating disputes with the government”, claiming this was encouraged by some members of the ruling family. “We have paralyzed this country and we should be ready for any decision against this assembly,” he argued.  In a joking, yet suggestive manner, he added “I am ready to leave as I have packed my things.”  Kuwait plunged deep into political turmoil after three Islamist MPs from the Islamic Constitutional Movement (ICM) submitted a request to quiz former Prime Minister Sheikh Nasser Mohammad Al-Sabah, the Amir’s nephew, who has been accused of mismanagement, breaching the Constitution, and misusing public funds. This was followed by two more grilling requests submitted by two other Islamist MPs.

None of the three requests obtained support from a majority in the Parliament, while the former government had the prerogative to refer the three requests to the Constitutional Court to dodge the grilling, but it has opted to resign en masse. The former government and Parliament had been in and out of disputes over the last three years, resulting in recurring political stalemates that forced the Cabinet to resign five times, and reshuffle twice.  Since his first appointment as prime minister in March 2006, Sheikh Nasser was under constant parliamentary fire and had been the subject of several grilling threats, but only five requests were submitted. In that same period, the Parliament was dissolved twice.

On other developments, outside the Parliament, around 30 protestors chanted “Down with lawmakers!” “Long live the Amir” and held slogans addressed to the Amir, thanking him for “liberating the nation from the claws of lawmakers.” The protestors accused the lawmakers of turning a deaf ear to their problems and needs.

Agencies add:
Khorafi had warned at a public rally on Monday that the Emirate was “passing through a dark night,” and that “a dark cloud was hovering over us.” Kuwait has been rocked by a series of political crises in recent years and has also been hit hard by the world economic meltdown and the plunge in global oil prices. Leading Islamist MP Khaled Al-Sultan, among four MPs who met the Amir on Sunday, said he “expects parliament to be suspended for two years… and the decision will be issued by Thursday.” Independent MP Khalaf Al-Enezi said the Amir has the right to suspend parliament “if he finds there is political chaos in the country.” “What is happening is the result of excessive practices by MPs who provoked the Amir,” he told reporters. “We feel the Amir’s patience has run out and signals that Parliament could be suspended are very clear.”

Agreeing with the protestors, MP Abdullah Rae Al-Fahma lamented “lawmakers should bear some of the responsibility in worsening the situation”.  Addressing his colleagues, he said “you have ignored the people’s pleas and dragged the legislative authority into unnecessary inquests and baseless exchange of accusations”. He also accused the government of contributing to the problem due to its inability to lay down clear visions and developmental plans, as well as its penchant for taking wrong decisions.
Rumor has it that there is a very remote chance of Sheikh Nasser being reappointed as prime minister to form the new Cabinet. First Deputy Premier and Minister of Defense Sheikh Jaber Al-Mubarak Al-Sabah will most probably be appointed to this post.

Although the Amir has repeatedly assured lawmakers that he will not resort to unconstitutional measures to end the political disputes, parliamentarians believe the Amir has run out of patience with the assembly. “I expect the Parliament will be suspended for two years and the announcement will be made next Thursday,” said Salafist MP Khaled Sultan, indicating he based his assumptions on the results of a meeting between some MPs and the Amir a few days ago.

In the meantime, Liberal MP Mohammed Al-Saqer said there are only two options left for the Amir — to form a new government or suspend the Parliament unconstitutionally. “The Amir will most likely take the latter step, although we don’t support this option,” he asserted.

Al-Saqer clarified the former government cannot take a decision to dissolve the Parliament. “In 2008, the legislative authority was dissolved, while the ministers were still in office,” said Al-Saqer.

“Since the Amir is keen on abiding by the Constitution, his only option is to appoint a new prime minister to form the next Cabinet,” said opposition MP Musallam Al-Barrak, who held the former Cabinet responsible for the deteriorating ties between the two authorities.  

“The signals indicate a dissolution. We’re awaiting the decision,” liberal MP Mohammad Al-Abdul Jader told reporters. Previous rulers have gone so far as to suspend the assembly, which is dominated by Islamist, tribal and independent MPs and has a history of challenging the government and the Al-Sabah family, to avoid persistent disputes. Mustafa Behbehani, a director at Gulf Consulting Co, said said tensions between MPs and government were likely to continue even if a new new prime minister got named and elections called. “The best solution is to change the prime minister and suspend Parliament for a while…these repetitive crises delay economic reforms especially in the current global crisis,” Behbehani said. Some investors even saw good news in the suspension of Parliament.

With no Parliament, a caretaker government could go ahead with the stimulus package and other reforms, putting the onus on the next assembly to approve them as implementation would already be under way. “If Parliament is dissolved, and a new election is called, the temporary government could in the meantime pass the bailout bill, the capital markets bill…” said Talal al-Loghani, portfolio manager GCC, at Noor Financial Investment Co.Kuwaiti stock markets had risen for weeks on hopes that the Cabinet’s resignation and the possible dismissal of Parliament would provide some reprieve from the bickering that has held up the important economic stimulus package aimed at alleviating the impact of the global financial crisis. But reflecting the continued uncertainty of the Opec  member’s political future, Kuwaiti shares fell 1 percent on Tuesday after the ruler did not say when he would appoint a new prime minister or call elections.

By Dahlia Kholaif
Arab Times Staff