Kuwait is a small country located in the Middle East in Eastern Arabia and it borders Saudi Arabia and Iraq, it has a coast along the Persian Gulf where which it lies directly across from Iran. The capital Kuwait City sits on the coast within the Kuwait Bay.
As far back as 6500 BC Kuwait was a main site of contact between peoples from Mesopotamia and Neolithic Eastern Arabia, during a time known as the Ubaid Period. The earliest evidence of human habitation in what is Kuwait dates back to 8000 BC, with Mesopotamian peoples first settling on what is now the Kuwaiti island of Failaka in 2000 BC and traders from Ur, then a part of the Sumer civilization, ran trading and commerce business from the island. Such Neolithic inhabitants were among some of the earliest maritime traders.
The Dilmun civilization called the Kuwait Bay their home from 4000-2000 BC and had control over important trade routes to India and the Indus Valley Civilization. The Dilmun civilization declined after 1800 BC and during this time piracy rose in the region, from 600 BC the Dilmun’s came under rule of the Babylonians. The Kassites of Mesopotamia were the next to inhabit the island of Failaka, and the Babylonians continued to rule the area.
The Ancient Greeks under Alexander the Great colonized the Bay of Kuwait in the 4th Century BC, during this time mainland Kuwait was named Larissa, and Failaka became Ikaros. A Kingdom called Characene was established around the Bay of Kuwait in 127 BC founded by Iranian Hyspaosines and they were the next to benefit off of the trade in the area.
By 224 AD the area came under control of the Sassanid Empire where modern-day Kuwait was known as Meshan. In 636 AD the Rashidun Caliphate defeated the Sassanid army at the Battle of Chain and took control of modern-day Kuwait, they were followed by the Umayyad and Abbasid Caliphates.
Fast forwarding to the 15th Century the Portuguese seized trading ports in the area including the Bay of Kuwait, while Kuwait City was founded by the Bani Khalid clan in 1613, trade would flourish further and the area would become known for its fishing and shipbuilding, and would also trade with the Ottoman Empire. Kuwait was further benefited economically during the siege of Basra by the Zand Dynasty of Persia from 1775 as it diverted more trade to Kuwait.
After the Persian withdrawal from Basra the Ottomans appointed a Governor to it who also administered Kuwait, but tensions would grow between Basra and Kuwait and in 1896 the Sheik of Kuwait accused his brother, the Emir of Iraq, of planning to annex Kuwait. As such in January 1899 an agreement was made with the British which made Kuwait a British Protectorate, in exchange for British control over their foreign policy, they would defend them from Ottoman and German interference. Despite this, the British signed the Anglo-Ottoman Convention in 1913, which defined Kuwait as an autonomous region of the Ottoman Empire, with Kuwaiti Shieks becoming Ottoman sub-Governors.
During World War I Kuwait’s economy was heavily damaged as a trade blockade was set up by the British due to the current Kuwait ruler’s support of the Ottoman Empire. From 1919 following World War I and the collapse of the Ottoman Empire, the Najd-Kuwait War would begin, as Ibn Saud of Najd (the founder of Saudi Arabia) wanted to annex Kuwait. During the war Kuwait came close to falling, but the war would eventually turn into a victory for Kuwait after calling in military support from the British.
Nonetheless Najd would place a trade blockade on Kuwait from 1923 and that combined with the Great Depression would cause further havoc to Kuwait’s economy, the Uqair Conference in 1922 settled the boundaries of Kuwait and Najd. During the 1930s a movement emerged in Kuwait for the unification of Kuwait with Iraq and an end to British rule with the Free Kuwaiti Movement established in 1938. In response to fears of armed uprising Kuwait’s rulers established a legislative council which resulted in resolutions demanding unification with Iraq.
An armed uprising would end up breaking out in March 1939 but the Kuwaiti rulers along with British military support violently suppressed the uprising, the British would take full control of Kuwait in 1941 amidst the chaos of World War II. After World War II Kuwait would enter into a golden era with oil and the liberal atmosphere boosting the economy, from 1950 a program enabled a modern standard living for workers, and by 1952 Kuwait was the largest oil exporter within the Persian Gulf Region, causing massive growth in foreign workers to Kuwait.
In June 1961 Kuwait was granted independence and the ruling Shiek became an Emir and it became one of the first Arab Persian states to establish a constitution and parliament and became one of the most developed countries in the region by the 1960s/70s and the country pioneered a path away from reliance on oil exports and pioneer of the Arab literary renaissance, and had one of the freest press, best religious tolerance, and freedom of thought and expression than other Arab nations.
A stock market crash in the 1980s would bring a new economic crisis to Kuwait, terrorism also increased for a time, such as suicide bombings and airliner hijackings, and there was an attempted assassination of the Emir in 1985. Despite initially good relations with Iraq, including Kuwait support for Iraq in the Iran-Iraq War, the two would come at odds following Kuwait’s refusal to forgive a debt Iraq owed, leading to economic rivalry, especially after Kuwait increased its oil production, and in July 1990 Iraq would complain to OPEC that Kuwait was stealing its oil using slant drilling.
Things hit a boiling point when Saddam Hussein ordered Kuwait’s annexation in August 1990, Iraq occupied the country with Western diplomatic attempts failing to make a breakthrough, and so a United States coalition attacked, starting the Gulf War leading to Kuwait being liberated. Following the war Kuwait expelled 100s of thousands of those seen as loyal of Hussein, including 400,000 Palestinians as well as thousands of Iraqis and Yemenis. 100s of thousands of stateless Bedoon were also expelled, with minimal provisions and under threat of violence and death. Kuwait was used as the springboard for the 2003 Invasion of Iraq.
Kuwait has continually been described as one of the largest sources of funding of terrorism, such as for ISIS and Al-Qaeda. The country is currently implementing the Kuwait Vision 2035 policy to diversify its economy and become even less dependent on oil. China has also become an important economic partner of Kuwait in trade and infrastructure initiatives.
The official language is Arabic and the largest religion is Islam with Maliki Sunni Islam being the state’s official religion. The largest ethnic groups are Arabs and Asians, interestingly the Kuwaiti people are a minority in their own country (1.3 million), with foreign expats making up the bulk of the population (3.2 million). The country’s currency is the Kuwaiti Dinar and the population is over 4,326,470.
Government Type
Kuwait is under a Constitutional Parliamentary Monarchy, the monarchy type is an emirate which is currently ruled by the House of Al Sabah. The Emirate is the Head of State and there is a Prime Minister who is Head of Government. The legislative government is made up of a unicameral National Assembly. Political parties are not legally recognised in Kuwait and so most members are elected as Independents, but these Independents will often form into groups within the Parliament that focus on aligning political ideologies, views, and issues.
Kuwait is considered an autocratic dictatorship by Western standards despite its tolerance on expression and religion. The Emirate wields vast powers over the government and parliament and the judiciary is not independent. Under Article 2 of the constitution, it says the religion of the State is Islam and that Islamic Law shall be the main source of legislation.
The Monarchy and Executive Government
Kuwait is ruled by an Emirate and the Emirate is controlled by the House of Al Sabah. The monarchy is hereditary held in succession in the descendants of Mubarak Al Sabah. The Heir Apparent is appointed within a period that does not exceed one year from the date of the Emir’s investiture. The Heir Apparent is nominated by the Emir and to become officially appointed the heir must receive a swearing of fealty from a consenting majority of the members of the National Assembly in a special session.
If this fails to happen, the Emir nominates at least three others of the lineage to the heirdom and the National Assembly shall swear fealty to one of them as Heir Apparent. The Heir Apparent must be the age of majority, must be endowed with reason, and must be a legitimate son of Muslim parents. The Heir Apparent holds the title of Crown Prince.
Currently Kuwait’s Emir is Nawaf Al-Ahmad Al-Jaber Al-Sabah who has only ruled since 30th September 2020 after he succeeded to the throne following the death of his half-brother Sabah Al-Ahmad Al-Jaber Al-Sabah. The Heir Apparent is Mishal Al-Ahmad Al-Jaber Al-Sabah who at age 80 is the oldest Crown Prince in the world, he is the half-brother of Nawaf.
Legislative power is vested in the Emir and the National Assembly. Executive power is vested in the Emir, Cabinet, and the Ministers. The Emir exercises his powers by medium of his Ministers.
If the Emir is going to be absent and it is impossible for the Heir Apparent to assume functions, then the Emir by decree can appoint a Deputy, known as the Vice-Emir or Vice-Regent (I guess if the Heir Apparent is too young to take over), the decree can include a special provision that regulates the exercise of such functions and limitations. If the Deputy chosen is a Minister and/or member of the National Assembly they must cease their functions in these places/areas during this time.
Duties and Powers
The Emir has the right to propose legislation. The Emir sanctions and promulgates legislation passed by the National Assembly. The promulgation must happen within 30-days or if urgency has been declared by a majority of the National Assembly, within 7-days. If no actions are taken within those periods of time, then the legislation is considered automatically promulgated.
The Emir can instead request the legislation to have a 2nd review by the National Assembly via a decree that sets forth the reasons for such a request. To override the veto without changes to the legislation it must be passed by a two-thirds majority where then the Emir must promulgate it, if they fail to reach this majority the legislation can be passed again by a majority of all members in a subsequent session where then the Emir must promulgate it.
The Emir is the Commander-in-Chief of the country’s armed forces. The Emir appoints and dismisses Officers in compliance with the law. The Emir may declare a defensive war by decree, but is not allowed to declare aggressive war.
During cases of emergency the Emir can proclaim Martial Law as determined by Statute and in accordance with its procedure. Martial Law proclaimed by decree is submitted to the National Assembly within 15-days to decide on its course. The continuation of Martial Law requires the promulgation fo a Resolution by a majority of the members, and the matter must be referred to the National Assembly every 3-months for as long as Martial Law exists.
The Emir concludes Treaties by decree and communicates them immediately to the National Assembly with the relevant details, they enter into force of law after ratification, sanction, and publication in the Official Gazette.
Peace treaties, treaties of alliance, treaties that pertain to State domains, to its natural wealth, to sovereignty rights, citizens’ public or private rights, treaties relating to shipping and residence, treaties involving the State Treasury in certain expenditure unprovided for in the Budget or involving an amendment to the laws of Kuwait, will require for their enforcement, enactment of a law.
When urgent action is required between sessions of the National Assembly or during its dissolution the Emir has the power to promulgate decrees with the force of law provided, they do not infringe the Constitution or tamper with estimates appearing in the Budgetary Law.
Such urgent decrees with force of law are submitted to the National Assembly within 15-days or following the beginning of its next session after dissolution or lawful prorogation. The National Assembly shall vote on keeping the laws or not. If the urgent decrees with force of law are not submitted within the timeframe, then they will cease having the force of law.
The Emir via decrees, lay down necessary rules for the enforcement of laws in such a manner that avoids any amendment, suspension, or exemption from their execution. Law may also provide for lower orders below decrees for enactment of necessary regulations to govern its enforcement.
The Emir by decree lays down control regulations and other necessary rules for the organisation of public offices and departments in such a manner that avoids conflict with laws.
The Emir appoints civil and military personnel and political representatives to foreign states and discharge them in compliance with the law. The Emir receives representatives of foreign states.
The Emir by decree can grant pardon or lesser punishment. The Emir cannot grant Amnesty which can only be granted by law and only in respect to offenses committed prior to the proposal of a law granting amnesty.
The Emir summons the sessions of Parliament, if the Emir does not summon within the time periods stated in the Constitution, then the Parliament will automatically convene after a set period of time specified in the Constitution (Articles 86 and 87).
The Emir, either on their own initiative or at the request of at least a majority of members, may also summon extraordinary sessions of Parliament for an important matter, no other matter may be discussed unless approved by the Cabinet.
The Emir proclaims prorogation of sessions of Parliament, both ordinary and extraordinary. The prorogation may not go beyond a month and cannot be repeated in the same annual session unless consented to by the National Assembly, and only one time.
The Emir inaugurates the National Assembly’s opening with an Emiri Speech, a statement on the country’s prevailing conditions, important events that occurred in the previous year, and projects and reforms the Government intends to carry out in the new year. The Emir may deliver the speech themselves or depute the Prime Minister to do so. The members of the National Assembly will set up a committee to prepare a reply to the speech including the Assembly’s remarks and desires, the reply must be approved by the National Assembly.
The Emir may by decree dissolve the National Assembly stating the reasons why. The Assembly cannot be dissolved again on the same grounds. New elections must be held within two months, if they are not then the dissolved Assembly reconvenes again with full constitutional authority as if it had not been dissolved and they will continue until a new Assembly is elected.
The Emir appoints the judges of the courts, including of the Constitutional Court, Supreme Court, and Court of Cassation, the Emir appoints via recommendation of the Supreme Judicial Council, which is made up of Kuwaiti Judges and Ministry of Justice officials.
The Executive Power
The Executive Power includes the Prime Minister as Head of Government, the Cabinet, and the Ministers. The Prime Minister is appointed by the Emir following consultations after a parliamentary election. The Emir appoints the Ministers and relieves them on recommendation of the Prime Minister. Ministers can either be appointed from among members of the National Assembly or from other quarters. The number of Ministers cannot exceed one-third the number of the members of the National Assembly. Ministers chosen from outside of the National Assembly are considered ex-officio members.
The Prime Minister and Ministers are jointly responsible before the Emir for the general policy of the state. Each Minister is also responsible for the Ministry they run, Ministries each focus on certain policy areas such as defense, finance, justice and so on, the Cabinet is the collective decision-making body of the Prime Minister and Ministers.
The Cabinet exercises control and supervision over the interests of the State, lays down the public policy of the Government, follow its execution, and control operations of Government departments. The Prime Minister presides over meetings of the Cabinet and supervises coordination of the activities of othe various ministries. Decisions of the Cabinet are made by majority, if there is a tie the Prime Minister’s side prevails. Some decisions may require promulgation via decree from the Emir.
The Government submits to the National Assembly a statement on the State’s financial situation at least once during the course of every one of its normal sessions.
If the Prime Minister resigns or is relieved then the entire Cabinet must collectively resign.
Upon formation of a Ministry, it shall submit its program to the National Assembly which may express comments on it deemed appropriate. Members of the National Assembly are empowered to level questions to the Prime Minister and Ministers on matters within their competence. Members may also direct interrogations at the Prime Minister and Ministers on matters within their competence, this may lead to the casting of a vote of confidence against Ministers.
The Prime Minister and Ministers shall be heard in the National Assembly whenever they request to speak.
Following interrogations, a vote of confidence can be brought against a Minister by a petition signed by at least 10-members, but not against the Prime Minister, if a majority vote lack of confidence in the Minister, then they are relieved of their Ministry and must immediately resign. Members of Cabinet cannot vote in matters of confidence.
The Prime Minister cannot be subject to votes of confidence, but members can pass a motion of non-cooperation against the Prime Minister if they find it impossible to cooperate with them, this matter if passed by a majority is referred to the Emir who shall either relieve the Prime Minister and form a new Cabinet, or dissolve the National Assembly for fresh elections.
If there is a dissolution in response and a fresh election, and the new Assembly returns with the same majority a new Motion of Non-Cooperation against the Prime Minister, then the Prime Minister will be deemed relieved and a new Cabinet is formed.
The Legislative Government
Kuwait has a unicameral parliament called the National Assembly. The main purpose of it is to have legislation introduced/proposed, for it to be scrutinized and debated, possibly amended, and either passed or rejected, and also the passing of an annual Budget. Laws can be proposed by the Emir, by the Cabinet, and by individual members of the National Assembly.
The Parliament is constitutionally fixed to having 50-elected members, but there can be up to 65 members for example if the maximum 15 Cabinet members were appointed from outside of Parliament, who would then become by virtue members of the National Assembly. Cabinet members in Parliament have voting rights, but cannot be a part of Committees and do not have a vote in matters of confidence related to the Cabinet.
Members of the Parliament elect a President and Vice-President of the National Assembly from among themselves via a vote of absolute majority, if no one gets the required vote then the top two members proceed and are determined by simple majority, if a 3rd candidate receives an equal number of votes to the second they are also included in the 2nd ballot and in this case the winner is determined by relative majority, if more than one returns a relative majority the winner is then determined by lot. The President of the Assembly, assisted by the Vice-President of the Assembly, keeps order in the National Assembly and makes sure Assembly rules are followed, the President of the Assembly represents the National Assembly in an impartial manner.
During the first week of the National Assembly’s annual session, committees are formed by members (excluding those in Cabinet) necessary to carry out work of Parliament.
A petition signed by at least 5-members may submit a public matter to the National Assembly for debate and to elucidate Government policy in that regard and to exchange views.
The Assembly may at any time form an investigation committee or delegate one or more members to to investigate any matter falling within the competence of the Assembly. Ministers and all civil servants shall produce certificates, documents and statements required of them.
A special Committee is formed to enquire into petitions and complaints submitted by citizens. The Commission conducts enquiries with quarters concerned and notify the petitioner of the result.
The Electoral System
Elections for the National Assembly take place every 4-years although often take place sooner, it can only go beyond a 4-year terms due to reasons of extensions related to war contingency. The 50 members are elected from multi-seat constituencies via a simple majority of votes, there is no proportional representation. Up to 15 further members may be appointed from outside of the Assembly to be on the Cabinet, these will also, by virtue, be members of the National Assembly.
Seats that become vacant are elected again within two-months and the substitute serves out the remainder of the term, if a vacancy arises six months before the next scheduled election, then the seat remains vacant until that election.
Members of the National Assembly, including those appointed to the Cabinet from outside of the Assembly who then become members of said Assembly, must be originally of Kuwaiti nationality in accordance with the law, fulfill voter’s qualifications in accordance with Electoral Law, be at least 30-years-old, and have sound reading and writing knowledge of Arabic.
To vote in elections one must be a Kuwaiti citizen who is at least 21-years-old. Voting is not mandatory.
Sources
The source for this post comes from Kuwait’s 1962 constitution (constituteproject.org) which has still not been amended since its inception, although four articles were suspended from 1976 to 1981, and the entire constitution was suspended from 1986 to 1991, and then again from May to July in 1999. There is a chance I may have misinterpreted things or missed out some other things and the constitution can still one day be amended and so due to possible errors, exceptions, and possibility of becoming outdated, cross-research is suggested for those using this seriously.
Information on election procedure and judge appointments from the CIA World Factbook Kuwait page.
The constitution can be amended at the proposal of the Emir or at least one-third of the members of the National Assembly. After the Emir and a majority of the National Assembly agree on the amendment in principle the debate period goes ahead. The amendment is fully adopted by at least a two-thirds majority of the members of the National Assembly and promulgated by the Emir. Provisions relating to the Emiri Regime of Kuwait and the principles of liberty and equality cannot be amended unless the amendment concerns the Emir’s title or an increase in guarantees of liberty and equality.
Next up will be the government system of Kyrgyzstan.
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