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The Emir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, enacted a decree on Thursday evening that dissolved the National Assembly (Parliament), assumed after tensions escalated in response to MPs refusing to strike off an address by a member that contained phrases believed to disrespect the Emir.

The Emir’s decree stated that the dissolution was due to the “exceeding of constitutional constants by the National Assembly in manifesting the requisite respect for the Emirate and deliberately using undisciplined offensive language.”

The decree, brought forth by the government and issued in the name of the Emir, posited the dissolution: “After examining the constitution, especially Article 107, and based on the aforementioned transgressions by the National Assembly, upon the Prime Minister’s presentation, and with the approval of the Council of Ministers.”

Kuwaiti constitutional expert Dr. Mohammad Al-Faili told “Asharq Al-Awsat” that the National Assembly’s dissolution under the Emir’s decree is “constitutionally valid as it complies with the conditions of Article 107 of the Constitution.”

He added that this decree of dissolution “is justified and the reasons are materially present.” Regarding setting a date for new elections, Al-Faili commented, “The summoning decree will be issued later; it is enough that the current decree referred to the constitution, which requires elections to be organized within two months post-dissolution.”

The political crisis emerged between the government and Parliament, leading the government to refrain from attending last Wednesday’s Parliament session, which consequently suspended the session. This was the first significant political challenge the new era faced due to the majority of deputies rejecting the deletion of what is thought to be an implicit insult uttered by deputy Abdul Karim Al-Kandari during a discussion on the Emir’s speech response.

After the speaker of the assembly, Ahmed Al-Sadoun, called for erasing Al-Kandari’s intervention from the “minutes of proceedings,” the majority of MPs (44 votes) opposed the removal. The intervention was interpreted by those claiming for removal as containing derogatory references to the Emirate, breaching the constitution.

MP Saud Al-Asfour reacted to the dissolution of the National Assembly with a tweet: “From the beginning, it was apparent to us that it was a (dissolving government) rather than a (cooperating government)… We endeavored to honor our oath and the grand responsibility that the Kuwaiti people entrusted us with.”

He further stated on the (X) platform, “We aimed to present a respectful and serious parliamentary work worthy of this nation. We will continue our supportive work for reform and freedoms, inside or outside the council. Perhaps there is a good reason for this.”

This marks the first dissolution of the National Assembly since the Emir, Sheikh Meshal Al-Ahmad, assumed power on December 16 last year, as well as a first for the government of Sheikh Mohammad Sabah Al-Salem Al-Sabah.

It is noteworthy that on January 4, an Emiri order appointed Sheikh Dr. Mohammad Sabah Al-Salem Al-Sabah as the Prime Minister, followed by the government’s new formation including 13 ministers, sworn in before the Emir on January 17.

In his first address after the constitutional oath before the National Assembly on December 20, the Emir Sheikh Meshal Al-Ahmad strongly criticized the government and “National Assembly,” accusing them of collusion in harming Kuwait’s interests.

In his speech to the Parliament, the Emir, succeeding his late brother Sheikh Nawaf Al-Ahmad Al-Sabah, said, “The government and the assembly have agreed upon harming Kuwait’s interests. The inadequacies seen in appointments for leading positions are a testament to the lack of fairness,” then highlighted issues such as “alterations to Kuwaiti identity, the amnesty file and its consequences, and the race to pass the rehabilitation law, as if it were a deal for mutual benefits between them.”

12 Dissolutions of the Assembly

Since its establishment following the declaration of independence and the constitution in 1963, the National Assembly has experienced around 12 incidents of dissolution through Emiri decrees or judicial decisions, including two instances of unconstitutional dissolutions (1976 and 1986) where the assembly was disbanded non-constitutionally, with parts of the constitution being suspended.

The parliament of 1975 faced the first non-constitutional dissolution, decreed by the late Emir Sheikh Sabah Al-Salem on August 29, 1976, suspending parts of the constitution due to disputes between the government and the National Assembly. Kuwaiti parliamentary life halted for almost four years until the subsequent elections on February 23, 1981.

The second dissolution for the 1985 council was also non-constitutional. Inaugurated on March 9, 1985, the assembly was dissolved on July 3, 1986, by an Emiri decree from the late Emir Sheikh Jaber Al-Ahmed, suspending parts of the constitution due to conflicts arising from the “climate crisis.” This period of parliamentary hiatus witnessed Iraq’s invasion of Kuwait in 1990.

The third dissolution occurred to the 1999 council under Sheikh Jaber Al-Ahmed, centered around a query to the Minister of Justice and Islamic Affairs, Ahmad Al-Kulaib, by MP Abbas Al-Khodari regarding errors in the printing of the Holy Quran.

The assembly underwent its fourth dissolution during the 2003 council under Sheikh Sabah Al-Ahmed due to the “electoral districts crisis,” while the fifth dissolution took place for the 2006 council due to issues regarding naturalization and expenditures of the Prime Minister’s office.

The sixth dissolution was for the 2008 council after 290 days of activity, initiated by Sheikh Sabah Al-Ahmed.

The seventh episode of dissolution targeted the 2009 council. The same council experienced a second dissolution (the eighth instance) when the Constitutional Court decided on June 20, 2012, the nullification of the 2012 council due to procedural errors in the dissolution decree for the 2009 council.

The ninth dissolution affected the 2013 council dissolved by Sheikh Sabah Al-Ahmed on October 16, 2016.

The 2020 council marked the tenth instance of dissolution in the parliamentary history and was the first dissolution under Sheikh Nawaf Al-Ahmed. It was dissolved again at the end of April 2023, becoming the eleventh instance.

With the recent Emiri decree issued on Thursday evening, the National Assembly’s dissolution is now the twelfth case and the first under Sheikh Meshal Al-Ahmad Al-Sabah.

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