Women’s Political Rights in Kuwait

Renee Dopplick
International Law Blog Postings
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On 16 May 2005, Kuwait’s democratic parliament approved a bill granting women the right to vote and run for public office. Within the past two weeks, the Kuwaiti government has demonstrated commitment to the democratic ideals embodied in this reform by appointing two women engineers to Kuwait’s 16-member Municipal Council and one woman as the first female Cabinet Minister. These landmark appointments signify tangible evidence towards the realization of full political rights. Still, progress remains threatened by legal provisions applicable only to women and by constitutional challenges proposed by opponents to women’s suffrage.

Election Laws Article 1 – Removal of the word “men”
In May 2005, the Cabinet Ministers surprised several members of parliament, known as the National Assembly, with a proposal granting full political rights to women. A month earlier during an unsuccessful bid for suffrage, the legislative bills and debate were limited to municipal elections, not national elections. Invoking the “order of urgency,” the Cabinet members fast-tracked the issue on the May 16 docket of the National Assembly. An issue of “urgency” requires only one procedural vote and can be passed on the same day the bill is introduced. A simple majority is required to enact an “urgent” bill as law. By a vote of 35-23 with one abstention, the parliament voted to remove the word “men” from Article 1 of the election laws. This 43-year-old law was the only barrier to women having the right to vote.

By contrast, the unsuccessful bill in April 2005 needed to pass a two-step vote process in parliament to become law. The bill limited suffrage to municipal elections. On its first vote, the bill passed 24-20. The second vote failed to pass, mainly due to 29 abstentions. The inadequate support for the bill guaranteed women would not be able to participate in the June 2005 municipal elections. The 13 Ministers voted in approval of the bill. Speaker Jasem Al Kharafi declared the vote was neither approved nor disapproved and called for another vote to be scheduled.

The “urgent” 16 May 2005 vote and proposal to expand the women’s political rights to national elections took several conservative legislators by surprise. They saw the political and legal maneuvering as yet another attempt to undercut their authority and the process. To bolster their argument, they pointed to the unexpected decree by the Emir in 1999 granting women’s suffrage during a time when the National Assembly was dissolved, a move questioned as unconstitutional. The decree (Amiri Decree No 9/1999: Arabic pdf), issued on 16 May 1999, was struck down narrowly by one vote in November of that year when the National Assembly resumed activities, and although successful in defeating the decree, members of parliament remained bitter about the ruse.

Election Laws Article 1 – Addition of Religious Clause
To achieve enough support in parliament to remove the word “men,” an additional provision was added to Article 1 of the election laws to appease the Islamic moderates and fundamentalists. The new clause requires women to “abide by Islamic law” in order to register to vote. This clause is applicable only to women and appears to violate Article 29 of the Constitution granting equality in duties before the law and Article 35 providing for religious freedom. Given public policy formally recognizes Islam as the official religion in accordance with Article 2 of the Constitution, conservatives argue the provision is constitutional with regards to Article 35.

   Freedom of Religion

Kuwait Constitution Article 35
Freedom of belief is absolute. The State protects the freedom of Practicing religion in accordance with established customs, provided that it does not conflict with public policy or morals.

   Constitutional Status of Islamic Law

Kuwait Constitution Article 2
The religion of the State is Islam, and the Islamic Sharia shall be a main source of legislation.

Constitutional Conformance
The 1962 Constitution of Kuwait does not ban women from voting or running for office. To the contrary, Articles 29 and 41 guarantee all citizens equality in public rights and the freedom to pursue a career as a public servant. Thus, the removal of the gender restriction from the election laws brings the legislation into conformance with the Constitution.

   Equality

Kuwait Constitution Article 29
All people are equal in human dignity, and in public rights and duties before the law, without distinction as to race, origin, language or religion.

   Freedom to Choose Employment

Kuwait Constitution Article 41
Every Kuwaiti has the right to work and to choose the type of his work.
Work is a duty of every citizen necessitated by personal dignity and public good. The State shall endeavor to make it available to citizens and to make its terms equitable.

Constitutional Court – Tactical Delays
Initiating a procedural delay tactic this week, parliament member Deiffallah Bou Ramia led an effort to request a discussion in parliament to strike down the Cabinet Minister appointment. Ten legislators have signed the document to challenge the appointment on the grounds of a technicality: the candidate is not currently a registered voter. Kuwait registers voters once per year and, hence, women must wait until February 2006 to register to vote in preparation for the 2007 national elections and the 2009 municipal elections. If successful in securing a discussion in parliament, the opponents to women’s suffrage may be able to delay the appointment and to prevent additional appointments until at least February by taking the issue before the Constitutional Court.

Appointments
After the municipal elections on 2 June 2005 in Kuwait, three women were appointed to political positions with legislative and decision-making responsibilities. While women have served in high-level corporate and government positions, including within the diplomatic corps as ambassadors, the appointments mark the first time in the country’s history that women can vote and actively shape local and national public policy.

• Kuwait Municipal Council
The 16-member Council is comprised of 10 elected officials and 6 appointed public servants. The Emir ratifies the election results and the appointments before the candidates take office and then formalizes their positions by issuing a decree.

  • June 2005 Appointments
    • Sheikha Fatima Nasser Al-Sabah
      • Member of the ruling Al-Sabah family
      • Sister of former oil minister Sheikh Saud Nasser Al-Sabah
      • Architect, graduate of Catholic University in Washington, D.C.
      • Former Assistant Cabinet Undersecretary for Engineering Affairs
    • Fawziya Al-Bahar
      • Engineer

• Cabinet Minister
On 12 June 2005, Dr. Massouma al-Mubarak was appointed to two positions to be held concurrently: Minister of Planning and Minister of State for Administrative Development Affairs. Ten conservative legislators contend Dr. Mubarak should not be allowed to hold office in 2005 because she is neither currently registered to vote nor eligible to register to vote until February 2006. The issue may be taken before the Kuwaiti Constitutional Court. If approved without delay, Dr. Mubarak will gain the powers granted to all cabinet members, including the ability to vote in the national legislature.

  • June 2005 Appointment
    Minister of Planning and Minister of State for Administrative Development Affairs

    • Dr. Massouma al-Mubarak
      • Member of the Shiite minority
      • PhD in International Relations, University of Denver, Colorado
      • Political science teacher at Kuwait University
      • Daily columnist for Al-Anba newspaper

What’s Next?
An estimated 200,000 women are expected to register to vote in February 2006 and to participate in the 2007 national and 2009 municipal elections.

Resources on Kuwait

Additional Resources – Official Information (Kuwait)

Additional Resources – Kuwait

Additional Resources – Articles (Kuwait)

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