During the recent election campaign, some friends from outside Kuwait contracted me expressing their astonishment at the inner tension in Kuwait and their concern for this small country as a result of all those recurrent crises between the government the executive and the National Assembly the legislature. Those crises were only resolved by Assembly dissolution or Cabinet resignation. Once the two parties met disagreements and conflict arose between them anew. That situation extended beyond the Assembly to reach all centres, diwaniyas, private gatherings and even some Gulf newspapers which, warning others, wrote: Look This is the result of democracy in Kuwait .

I knew that concern for Kuwait s stability is legitimate, particularly in the light of such harsh rhetoric, unfounded accusations and a campaign of intimidation. Nevertheless, my reply was that it was natural, constitutional and within normal limits. Those are differences of vision, approach and means, not over the public interest. Never has a party used force to beat its rivals or seize power, and never has the government used its authority to suppress any opinion, however radical it may be so long as it is within the law. However deep these disagreements were, they were never insulting or offensive. Those who watched the dust of the battle coming from Kuwait thought it came from another planet. In an Arab world some of whose countries still suffer political oppression, with no distinction between prisoners of conscience and common criminals, Kuwait looks strange in the eyes of outsiders, but not so in the eyes of its own people who know that, even in the heat of their disagreements, there is one reference they rulers and people have recourse to, namely Kuwait s constitution, which turned forty seven this year, and is still valid and observed, with no attempt to amend or adapt its provisions by force for personal gains.

The roots of popular participation

In 1962, Kuwait s constitution was adopted, following a steady march of political practice and democratic and civilized demands. Its birth was the culmination of a long history of shura (counsel) and participation between the rulers and the people, which was born with the birth of the state and as part of the nature of Kuwaiti society, which adopted its political system by mutual consent and established its relationship with it on dialogue and agreement, devising a joint rule formula, which the people of Kuwait and Sabah I, the founder of the ruling family, agreed. That agreement was similar to a common contract, and all that the constitution did after a number of decades was turn that oral contract into a written one regulating the new life and the development of society and its political system, which everybody agreed.

Kuwait s society has always been open to the outside world, and its ships carried back home not only goods but ideas as well. The people of Kuwait were thus quicker in acquiring skills and knowledge through contact with other cultures. From the accumulation of such knowledge the civil society in Kuwait was born at an early stage. Private schools, NGOs and literary and sports clubs were founded. It was not a strange thing that the march of education was linked to that of shura as it was the natural development of the enlightenment movement which society experienced. It is to be noted that each decade witnessed a major development before the rapid race of developments later. In 1911, schools were founded on popular initiative supported by the then ruler. In 1921, the first modern shura council was established, apparently the natural result of education which produced an enlightened class of teachers and learners who played a role in the march of modern rule. The shura council was inaugurated in February 1921 to assist the ruler in managing the country s affairs. Whatever is said as evaluation of that short-lived experiment, it was a pioneering, bold step which laid the principle of shura in the entire Gulf region. The council consisted of twelve appointed members representing all areas of Kuwait.

The early failure of that experiment was due to lack of political practice and experience; however, it remains a turning point in the history of the development of democracy in Kuwait attesting to the people s awareness and desire to share in determining their future. Kuwait had to wait another decade until the Municipal Council was founded in 1931. Its members were chosen by small-scale vote in which a number of prominent people and influential commercial families shared. Its task was to provide the foundations and approaches which help develop Kuwait and set up administration systems. Before that third decade ended, Kuwait had witnessed two shura councils in two successive years, the last of which drew up the first draft constitution in 1939. But things did not go smoothly for many factors, including the level of development and society s ability to adapt to it.

The political movement comes of age

All these successive experiments had caused the political movement to come of age and made it look forward to creating a permanent system to shape its future. The birth of Kuwait s constitution has become a classic story in the literature on Kuwait s political history. It is a story with details worth recounting to tell the new generations about the intellectual and legal effort which the founding fathers had made to have a constitution. It may be said that some kind of historical coincidence helped achieve this constitution. The year 1958 witnessed the collapse of democratic monarchy in Iraq and Britain s preparations for evacuating the Gulf region as a result of the erosion of its colonial presence in West Asia and Arabian coast following its defeat in Egypt in 1956 and the loss of its allies in Iraq. These major events in creased the awareness of the people and government of Kuwait and developed a vision for the future which manifested itself in ambition for renewal. Popular sentiments in Kuwait coincided with the ruling regime s ambition for moving to the new era to keep up with world development and international liberation movements which covered many countries in Africa, Asia and Latin America, in addition to the Arab countries.

In the midst of these developments the government of Kuwait realized the importance of transformation to a parliamentary constitutional system. This historic transformation began in 1961, when a constituent assembly was elected by direct, free vote to establish the principle of supremacy of the nation and draft a constitution based on the people s interests and vision for the future.

The constitution the safe haven

The assembly s discussions reflected its members awareness of the importance of their task. They were not required to draft a constitution for Kuwait alone, but a perfect model for the other Arab countries which had no constitution yet. There were differences of opinion. The Amir of Kuwait Sheikh Abdullah Al-Salem Al-Sabah approved the constitution ignoring many objections. He wanted this constitution to be the exclusive product of popular effort, with no barrier between the people and the ruling family as both are an integral part of Kuwait s social structure.

The constitution was approved on 11 November 1962, and has since then become one of Kuwait s milestones and the cornerstone which all-rulers and people, loyalists and opposition have recourse to in times of crisis, and the constitution proved effective in many instances.

Legitimacy and stability

The most bitter crisis which the people of Kuwait faced was that of the invasion launched by the former Iraqi regime. Kuwait fell to the invaders, but its constitutional legitimacy didn t. They tried to remove it from the world map, but it survived all those attempts, thanks to the fact that its legitimacy which stems from the constitution led the battle of liberation. The entire world recognized this legitimacy, particularly after the Popular Congress which was held in Jeddah, Saudi Arabia, and was attended by a cross section of the people of Kuwait who stood by their legitimate government and insisted on continuing the battle of liberation to the end. It was as if history had repeated itself, when the people pledged allegiance to Sabah I. in these difficult circumstances the constitution and democracy filled all gaps and united the people of Kuwait. The constitution secured legitimacy which made the world s democratic countries side with Kuwait s self-determination.

In addition, the importance of the constitution was asserted during the transition of power upon the death of the former Amir of Kuwait Sheikh Jaber Al-Ahmad Al-Jaber Al-Sabah. Under the constitution His Crown Prince Sheikh Saad Al-Abdullah Al-Salem Al-Sabah became the Amir of Kuwait, but his health condition didn t allow him to exercise power. According to the relevant provisions of the constitution, HH Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah the present Amir of Kuwait assumed power. The explicit relevant provisions of the constitution secured the smooth transition of power. According to the constitution His Highness was unanimously acknowledged as Amir in a special session of the National Assembly. Once more, the constitution secured stability and continuity.

Duties and tasks

It my safely be said that the constitution was the winner in the recent election campaign. It will unite rival political blocs ad orientations in one bloc in the parliament and help it carry out its legislative and control role away from any personal ends. The new Assembly and government have many tasks to fulfil; many delayed projects await study and approval. We are in a pressing need for such laws that help make Kuwait a leading regional financial and commercial centre, as well as for fostering Kuwait s foreign political and economic relations particularly with the Arab world, strengthening Kuwait s role in the GCC and reactivating its resolutions and projects so as to share in accelerating the building of a strong Gulf system which ensures security, stability and development for its peoples. At regional level we have to watch the turbulent world around us carefully. Iraq is still embroiled in its domestic problems which can have a negative impact on Kuwait. Iran s nuclear programme and international pressure must also affect us.

Kuwait s democracy is a safe haven for us all. The dust of the election campaign has settled, and Kuwait s interests remain. Any battle in which Kuwait will be engaged affirms the continuity of the democratic experiment. It will open the doors of freedom to dialogue, understanding and proper decision-making. It will also put us back on track for further stability and removing the defects which block the road from time to time.