US embassy cable - 04KUWAIT948

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 000948 
 
SIPDIS 
 
STATE FOR NEA/ARP 
 
E.O. 12958: DECL: 03/14/2014 
TAGS: PGOV, KU 
SUBJECT: (U) CLARIFYING PARLIAMENT'S CONSTITUTIONAL RIGHT 
TO GRILL 
 
 
Classified By: (U) CDA Frank Urbancic; Reason 1.4 (d). 
 
 1. (SBU) SUMMARY: The Kuwaiti Constitutional Court agreed in 
mid-March to hear legal arguments in April from National 
Assembly lawyers in defense of parliament's right to question 
Cabinet Ministers.  Earlier, the GOK questioned the 
constitutionality of parliament's current interpretation of 
Article 99 of the Kuwaiti Constitution*the right of National 
Assembly members to question Cabinet ministers.  The 
constitutional parameters on grilling are vague and the GOK 
is hoping that the courts can define limitations on specific 
National Assembly grilling actions to stem the tide of future 
interpellations.  Any decision narrowing the parameters of 
acceptable grilling practices would favor the GOK but would 
also represent an uncommon occurrence of judicial review from 
Kuwait's Constitutional Court. END SUMMARY. 
 
2. (SBU) Mohammed Dhaifallah Sharar, Deputy Prime Minister, 
Minister of State for Cabinet Affairs, and Minister of State 
for National Assembly Affairs, submitted in February the GOK 
request for an examination of the constitutionality of the 
grilling against Finance Minister Mahmoud Al-Nouri.  Now, 
lawyers for the National Assembly will be given a chance to 
defend their position before the Constitutional Court on 
April 17.  In its petition, the GOK requested that the Court 
spell out the limitations of queries that may properly be 
submitted to Ministers and the Prime Minister.  The petition 
also requests the court clarify whether a Minister or a Prime 
Minister is required to submit data, documents or secret 
information to parliament.  The petition further requests an 
explanation on whether a Prime Minister must answer queries 
on all ministries or is permitted to only answer questions on 
the public policy of the state. 
 
3. (U) Only the GOK, the National Assembly, or the courts can 
bring a case before the Constitutional Court.  Article four 
of the law establishing the Constitutional Court states that 
disputes shall be raised to the Constitutional Court either 
through a request from the National Assembly or the Council 
of Ministers.  Additionally, a court can request a 
constitutional review if it finds during consideration of a 
case that the decision necessitates defining the 
constitutionality of a law or decree.  This process of 
judicial review to rule on the constitutionality of a law is 
rarely employed. 
 
(U) What The Constitution Says 
---------------------------------- 
4. (SBU) The Kuwait Constitution is noticeably vague with 
regard to the parameters by which the National Assembly must 
abide when grilling Ministers.  Article 99 of the 
Constitution reads "Every member of the National Assembly may 
put to the Prime Minister and to Ministers questions with a 
view to clarifying matters falling within their competence. 
The questioner alone shall have the right to comment once 
upon the answer."  Article 100 goes on to clarify that 
parliament may grill any Minister "with regard to matters 
falling within their (the Minister,s) competence."  The 
question is whether "matters of competence" pertains only to 
the actions the individual Minister took while serving in his 
current office or also includes any actions he took on behalf 
of the GOK prior to becoming a Minister, as well as actions 
taken by the Ministry before his tenure. 
 
(SBU) PM Can Be Grilled But Not Voted Out 
--------------------------------------------- ---------- 
5. (SBU) After a grilling, a Minister can face a vote of 
no-confidence; to pass, that vote requires a simple majority 
of members excluding Ministers--i.e. currently 25 of 49 MPs. 
The Prime Minister, who can be grilled according to Article 
100, is the only Minister exempt from a no-confidence vote. 
Article 102 of the constitution states that the Prime 
Minister &shall not hold any portfolio; nor shall the 
question of confidence in him be raised before the National 
Assembly." 
 
6. (SBU) Parliament, according to Article 102, is permitted 
to submit a complaint to the head of state regarding its 
inability to cooperate with a Prime Minster.  In response, 
the Amir can choose to relieve the Prime Minister of office 
and appoint a new Cabinet, or dissolve the National Assembly. 
 If he chooses the latter course and the new Assembly decides 
it cannot cooperate with the PM, "he shall be considered to 
have resigned." 
 
7. (C) COMMENT:  Sharar's request to the Constitutional Court 
appeared at first to be something of a stall tactic to halt 
the grilling campaign against Al-Nouri.  That grilling went 
ahead on March 8, which led to a vote of no-confidence on 
March 22 that Al-Nouri survived (septel).  If the Court 
ruling supports constitutional limitations on the 
interpellation process, it could take the steam out of the 
current grilling campaign.  On the other hand, if the 
Al-Nouri grilling is found to be constitutionally sound, 
parliament will have been given the green light to question 
any minister on anything he has done in his life regardless 
of its link to the execution of his ministerial duties. 
 
8. (C) COMMENT CONTINUED:  Many constitutional articles are 
open to great interpretative discretion by the executive and 
legislative branches and are rarely subjected to 
constitutional challenge. (NOTE: e.g. Article 29 of the 
constitution holds that "all people are equal in public 
rights and duties before the law, without distinction as to 
race, origin, language, or religion," but this is 
consistently and noticeably violated in Kuwait.). 
 
 
URBANCIC