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WEEKLY NEWSLETTER
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Kuwait
Index
In June 1961, following independence and under the
shadow of
an Iraqi threat, Amir Abd Allah as Salim announced that he
would
establish a constitution for Kuwait. In December,
elections were
held for a Constituent Assembly, which then drafted a
constitution promulgated as Law Number 1 on November 11,
1962.
Although articles of the constitution have since been
suspended
twice, the document nonetheless remains the basic
statement of
intent for the Kuwaiti political system.
The constitution opens with the declaration that Kuwait
is
"an independent sovereign Arab State," and its people are
"a part
of the Arab Nation." Islam is "the religion of the state,"
and
the sharia (Islamic law) is "a main source of
legislation." The
latter phrase has been the source of much debate, with
Islamist
opposition members pressing to have Islam made "the"
source of
legislation.
The constitution defines Kuwait as "a hereditary
Amirate, the
succession to which shall be in the descendants of the
late
Mubarak Al Sabah." This clause codifies what has become
practice:
the semiformal alternation of power since 1915 between the
lines
of Mubarak's two ruling sons: Jabir and Salim.
Although granting the amir substantial power, the
constitution also provides for political participation by
the
citizens. The system of government is defined in Article 6
as
"democratic, under which sovereignty resides in the
people, the
source of all powers." Articles 79 to 122 establish the
National
Assembly and lay out the rules governing its formation,
rights,
and duties.
Individual rights protected by the constitution are
extensive
and include personal liberty and equality before the law,
freedom
to hold beliefs and express opinions, and freedom of the
press.
The residences of citizens are inviolable, the torture and
the
deportation of Kuwaiti citizens are prohibited, and the
accused
are assumed innocent until proven guilty. Also guaranteed
is the
freedom to form associations and trade unions. The
constitution
guarantees the independence of the judiciary and
designates the
Supreme Council of the Judiciary as its highest body and
guarantor of judicial independence.
The constitution also grants citizens a number of
social
rights, which form the basis for Kuwait's extensive
welfare
system. The state is constitutionally obligated to care
for the
young and to aid the old, the ill, and the disabled. It is
obliged to provide public education and to attend to
public
health. The constitution provides for state involvement in
the
national economy to the degree that these obligations
necessitate. However, Articles 16 through 19 protect
private
property, stating that "private property is inviolable"
and
reminding citizens that "inheritance is a right governed
by the
Islamic Sharia." Article 20 stipulates that "the national
economy
shall be based on social justice. It is founded on fair
cooperation between public and private activities. Its aim
shall
be economic development, increase of productivity,
improvement of
the standard of living and achievement of prosperity for
citizens, all within the limits of the law." Duties of
citizens
include national defense, observance of public order and
respect
for public morals, andpayment of taxes. These rights and
obligations, however, apply only to Kuwaiti citizens. The
remainder of the population have few political and civil
rights
and enjoy restricted access to the benefits of the state
welfare
system.
In August 1976, in reaction to heightened assembly
opposition
to his policies, the amir suspended four articles of the
constitution concerned with political and civil rights
(freedom
of the press and dissolution of the legislature) and the
assembly
itself. In 1980, however, the suspended articles of the
constitution were reinstated along with the National
Assembly. In
1982 the government submitted sixteen constitutional
amendments
that, among other things, would have allowed the amir to
declare
martial law for an extended period and would have
increased both
the size of the legislature and the length of terms of
office. In
May 1983, the proposals were formally dropped after
several
months of debate. Nonetheless, the issue of constitutional
revisions continued as a topic of discussion in both the
National
Assembly and the palace. In 1986 the constitution was
again
suspended, along with the National Assembly. As with the
previous
suspension, popular opposition to this move emerged;
indeed, the
prodemocracy movement of 1989-90 took its name, the
Constitutional Movement, from the demand for a return to
constitutional life. This opposition became more
pronounced
following the Iraqi occupation, which abrogated all
constitutional rights, and following Kuwait's return to
sovereignty in 1991. In early 1992, many press
restrictions were
lifted. After the October 1992 election, the National
Assembly
exercised its constitutional right to review all amiri
decrees
promulgated while the assembly was in dissolution.
Data as of January 1993
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