On 2024年5月10日, Kuwait’s Emir Mishal Al-Ahmad Al-Jaber Al-Sabah (hereafter Emir Mishal) declared the suspension of the National Assembly and parts of the constitution. This came just 5 weeks after the opposition (※1) won a majority of seats in general elections held following the dissolution of the National Assembly in 2月.

According to the Economist Intelligence Unit, Kuwait’s democracy index is classified as “authoritarian,” but compared to neighboring Gulf states it is at a higher level and has even been described as an “oasis of democracy” in the region.

It has been pointed out that this suspension of the National Assembly and parts of the constitution could undermine Kuwait’s democratic aspects. On state television, Emir Mishal said the partial suspension of the constitution would “last up to 4 years,” during which legislative authority would be transferred from the National Assembly to the emir.

This article explains the background to Emir Mishal’s decision to suspend the National Assembly and parts of the constitution, and its impact, with reference to Kuwait’s history.

Kuwait National Assembly building (Photo: Ignacio Gallego / Flickr [CC BY-NC-SA 2.0])

History as a state

Kuwait is located at the innermost part of the Persian Gulf and is believed to have been inhabited around 8000 BCE. It is said to have been one of the centers of the Dilmun civilization, which flourished from around 4000 BCE, and was a hub of that culture. In particular, Failaka Island prospered as a key point for transit trade between the Mesopotamian and Indus civilizations. As a result, from antiquity through the Middle Ages, the area came under the rule of great powers such as Babylonia, the Achaemenids, the Seleucids, and the Sasanian Empire.

In the 17th century, what is now Kuwait came under Ottoman rule. From around the 18th century, people—centered on the Anaza tribe from central Arabia—migrated to Kuwait, and by the early 1800s it had grown into a center for transit trade linking India and East Africa with central Arabia, Iraq, and Syria. In 1756, the area came under the rule of the Sabah family, which secured semi-autonomous status from the Ottoman Empire. Thereafter, Ottoman influence waned. From the 18th century, Britain took an interest in the Middle East as a stopover connecting Asia and Europe and began to expand its presence. In 1899, fearing direct Ottoman rule, Sheikh Mubarak—then head of the Sabah family—entered into an agreement with Britain, making Kuwait a British protectorate. Under this arrangement, Britain provided naval protection to Kuwait in exchange for Kuwait delegating its foreign affairs to Britain relations. In the 1920s, Britain set Kuwait’s current borders.

In 1937, large oil reserves were discovered, and as oil field development progressed after World War 2, Kuwait became one of the world’s leading oil-producing regions. From this period, Iraq—which had gained independence from Britain in 1932—began asserting territorial claims (※2) over Kuwait. When Kuwait became independent from Britain in 1961年6月, Iraq made various demands regarding its claims. To counter Iraq’s threat, Kuwait requested British assistance, and British forces were dispatched to Kuwait. Around 1961年10月, as the Iraqi threat began to diminish, British forces started to withdraw, and the Arab League took over Kuwait’s protection. Ultimately, due to opposition from Britain and the Arab League (※3), Iraq’s claims were not realized, and in 1963年10月 Iraq formally recognized Kuwait’s independence and borders. Thereafter, Britain stationed troops in nearby Bahrain until 1971.

The Iran–Iraq War from 1980 to 1988 was a major threat to Kuwait. Fearing Iranian domination, Kuwait provided Iraq with financial and other support. After that war ended, relations between Iraq and Kuwait deteriorated, and on 1990年8月2日, Iraq invaded Kuwait, triggering the Gulf War. Iraq’s argument was that Kuwait was slant-drilling oil fields near the border and stealing Iraq’s oil. There is also the view that Kuwait’s oil production increases were damaging Iraq’s economy and that then-Iraqi President Saddam Hussein was convinced that the United States was complicit in a bid to topple his regime. Other factors cited include Iraq’s interest in Kuwait’s vast oil reserves and its desire to wipe out the large debts it owed Kuwait from the Iran–Iraq War.

On the 8th of the same month, Iraq annexed Kuwait, and the Kuwaiti emir fled to Saudi Arabia. Beginning in mid-1月 1991, a multinational coalition led by the United States, the United Kingdom, and Saudi Arabia launched attacks on Iraqi forces, and when Iraq withdrew in late 2月, Kuwait was liberated from Iraqi control. In the 2003 Iraq War, Kuwait served as a base for U.S. and British forces and provided logistical support. Even after the war, U.S. forces have been deployed in Kuwait, and there are currently 8 U.S. bases in the country.

An Iraqi tank burning after British forces’ attacks (Photo: Uncertain (possibly Tom Johnson Nottingham, UK) / Wikimedia Commons [public domain])

Political history

How did Kuwait develop its democratic aspects (※4)? One background factor is a cultural practice common in Gulf states like Kuwait called diwaniya. Diwaniya refers to the custom of discussing a wide range of topics, including politics and social issues, held in private homes or designated venues, and attended mainly by men. Diwaniyas in Kuwait have existed for hundreds of years and were traditionally gatherings of prominent figures. Since the 1920s, they have become spaces for ordinary citizens, and the discussions there are said to play a role akin to an informal political institution—monitoring the National Assembly and conveying public opinion to politicians—influencing politics.

In 1961年8月, following independence, a committee was established to set up a National Assembly, and in 9月 of the same year, Kuwait’s first law on parliamentary elections was enacted. The law stipulated that two candidates from each of 10 electoral districts would be elected to the National Assembly, that candidates must be at least 30 years old, and be proficient in reading and writing Arabic. Elections were held in 12月 that year, producing a constitutional drafting committee. The following year, with the adoption of the new constitution, the first National Assembly election was held, and in 1963 the first Assembly was formed. The constitution also states clearly that the system of government is democratic and that sovereignty resides with the people. Although Kuwait is a constitutional monarchy with a hereditary emir as head of state, it possesses democratic aspects in that it can form a National Assembly reflecting the popular will through direct elections. On the other hand, historically the country was governed by the royal family, which relied not on citizens but on oil resources and British backing, and thus did not function fully as a state. There is also an argument that mechanisms for citizen political participation were introduced to demonstrate legitimacy and independence as a state and to gain external recognition.

There have been previous instances of an emir suspending the National Assembly and parts of the constitution like this. Examples include the 1976 case, citing a lack of cooperation between the legislative and executive branches and unfair attacks on ministers by lawmakers, and the 1986 case amid the Lebanese conflict, the Iran–Iraq War, and heightened tensions between Sunni and Shia in Kuwait. Although both cases violated the constitution, the suspensions were lifted in response to public pressure and activities by former Assembly members in diwaniyas.

The 15th Emir, Sabah Al-Ahmad Al-Jaber Al-Sabah, waving to a crowd (Photo: Kuwaitelections2012 / Flickr [CC BY-NC-ND 2.0])

Even without unconstitutional intervention by the emir, dissolutions of the National Assembly occur frequently. In terms of numbers, as of 2024年3月 there have been 12 dissolutions since 2006, including 3 since 2022年6月—evidence of the Assembly’s instability. Around 2010, influenced by the so-called Arab Spring that spurred pro-democracy movements in Arab countries, there was also an instance in 2012年10月 in which tens of thousands protested against revisions to the electoral law ahead of the 12月 National Assembly elections that year (※5). In this way, public dissatisfaction with the electoral system has at times surged.

Current political system

A brief note on Kuwait’s current political system. The head of state is the emir, who has the right—without National Assembly approval or elections—to appoint up to 15 prime ministers and cabinet ministers in total and to dissolve the National Assembly. Succession to the emirate is hereditary, with various rules in place regarding the process. For example, only descendants of Mubarak have the right to succeed; the crown prince must be appointed within 1 year of the emir’s accession; and appointment requires a declaration by the emir and a majority vote in the National Assembly. There are also customs such as alternating power between the lineages of Mubarak’s sons Jaber and Salem, and selecting the crown prince from the older generation.

The National Assembly is a unicameral body composed of 65 members—50 elected legislators chosen in elections held every 4 years and 15 cabinet ministers appointed by the emir. It has the authority to dismiss the prime minister and ministers through constitutional procedures, and all ministers are accountable to the Assembly. The cabinet consists of the prime minister and ministers; the prime minister is typically a member of the Sabah family, and ministers are usually drawn from leading Kuwaiti politicians and experts, and sometimes the royal family. One-third (1/3) of all ministers must be National Assembly members. The appointment of a new emir or crown prince by the ruling Sabah family also requires approval by the National Assembly. Legislative power is held by both the Assembly and the emir: the Assembly can propose and approve bills, while the emir has the authority to approve or reject bills proposed by the Assembly. Although political parties are not legalized under the constitution, party-like groupings do exist, and legislators critical of the government function as a de facto opposition.

A polling station during National Assembly elections (Photo: Kuwaitelections2012 / Flickr [CC BY-NC-ND 2.0])

In 2005, women were granted the right to vote and to stand for election, and the first female members of the National Assembly were elected in 2009. However, in the National Assembly elections held on 2024年4月4日, only 1 woman won a seat.

Background to the suspension of the National Assembly and parts of the constitution

Members of the National Assembly have greater powers than legislators in other Arab countries, including the right to question and challenge ministers. The government needs the Assembly’s approval in the process of implementing laws, but since the late 2000s factional conflicts in the Assembly have intensified, lawmakers have rejected government-backed bills and stepped up criticism of ministers, making it difficult to secure approvals and creating a policy stalemate.

One example is that since 2017 the Assembly has failed to pass legislation facilitating debt issuance. Kuwait derives revenue primarily from oil exports, but that income alone does not cover expenditures, prompting discussions over using sovereign financing such as government bonds—decisions that have remained stuck. In this way, Kuwait faces a chronic problem of administrative dysfunction exacerbated by tensions between the government and the Assembly.

Election posters (Photo: Samira Akil Zaman / Flickr [CC BY-NC 2.0])

This ongoing gridlock is said to have led to the suspension of the National Assembly and parts of the constitution. One argument for the emir’s decision is that the Assembly had overstepped its authority and was obstructing economic development. In a state TV broadcast, however, the emir stressed that “it is unacceptable for democracy to be used to destroy the state” and sharply criticized lawmakers. At the same time, he is said to be concerned about the spread of corruption in politics. Indeed, there are findings that vote-buying is commonplace in elections, and data such as the Corruption Perceptions Index (CPI) shows a slight increase since 2016, indicating frequent corruption.

Another cited reason for the government–Assembly discord is that the opposition, which has increased its seats since the 2020年12月 parliamentary elections, upended the traditional balance between the government and the legislature.

Impacts of the partial suspension of the constitution and views on it

As mentioned at the outset, one of the constitutional clauses suspended was the requirement to hold new elections within 2 months of dissolving the National Assembly. This means that until the suspension expires, legislative power is fully transferred to the emir. In addition, since Sheikh Ahmad Al-Ahmad Al-Sabah, Emir Mishal’s nephew, has served as prime minister since 2024年4月, the Sabah family now holds both legislative and executive power, effectively excluding public participation in politics.

Domestic coverage of this series of suspensions has varied. Some journalists in Kuwait are negative about the emir’s decision, argue that any suspension of the Assembly or constitution should be limited in duration, and emphasize the importance of preserving Kuwait’s democratic aspects. There are also claims that there has been relatively little public backlash to the turmoil—because the public has been dissatisfied not only with the emir but also with the Assembly.

Abroad, Kuwait has received significant support from Arab states with royal families intent on maintaining strong, authoritarian rule, such as Saudi Arabia, and some media close to those countries have portrayed the move as a legitimate response to violations of democracy in Kuwait. The United States, which has close ties to Kuwait through its bases since the Iraq War, has not even issued a statement on the events. While it is predictable that Kuwait’s neighbors—many of them autocracies—would view the democratic backsliding there favorably, some criticize the Biden administration’s failure to express concern about the erosion of democracy in Kuwait.

Kuwait at night (Photo: hamad M / Flickr [CC BY-NC 2.0])

Outlook

Some view the suspension of the National Assembly and parts of the constitution as a measure that could destroy Kuwait’s democratic aspects and produce a more authoritarian system than before; others regard it as a legitimate step to preserve democratic features. Most experts, however, say it is too soon to judge. For example, Bader Al-Saif, a history professor at Kuwait University, argues that there is precedent for the Assembly’s restoration after suspensions in 1976 and 1986, and that temporarily suspending the Assembly does not eliminate the traditional political system of reciprocal relations between the emir and the legislature. We will continue to follow developments in Kuwaiti politics.

※1 In Kuwait, political party organization is prohibited, so there are no formal parties. The term “opposition” in this article refers to those among the 50 National Assembly members who jointly oppose government bills and the like.

※2 Although Iraq never actually controlled Kuwait, it claimed sovereignty over Kuwait based on the view that Kuwait had historically been politically connected to southern Iraq, but was separated by a border Britain unilaterally drew.

※3 The Arab League is a regional cooperation organization formed in Cairo on 1945年3月22日 by Arab states in the Middle East and Africa, aimed at establishing the independence and sovereignty of Arab countries and promoting peace in the region through cooperation in political and economic fields.

※4 In some articles and literature, Kuwait’s democratic aspects are described as semi-democracy or partial democracy expressions.

※5 One reason for opposing the electoral law revision was that reducing the number of votes per person from 4 to 1 made it harder for the opposition to form coalitions and secure more seats.

Writer: Hayato Ishimoto

Graphics: Ayane Ishida

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