Law specialist and professor at Kuwait University Dr Mohammad Al-Mqate’ said by-elections are criminalized for their effects on the state’s social and overall fabric as they yield divide and further sectarian and other narrow-minded interests rather than the highest national interests. By-elections are stated as breach of law in the elections law (article 45 of the fifth clause of law 9/1998) and penalties could go up for a year in prison. It was considered a crime as of 1998, when it was noted to take pla ce and take very sectarian and tribal mode.
A result of the 25-constituency mode, the phenomenon is rooted in small size of constituencies and small number of voters, the expert said. However, Al-Mqate’ added there is stark difference between by-elections and consultative meetings, as the latter constitute a legal form of public gathering allowed for in article 44 of the Kuwaiti constitution. The discussions and exchange of opinions which lead to limiting choice of nominees to be supported come under freedom of opinion and expression and there is no legal ground for penalizing those who take part in this kind of assembly, the expert stressed.
It is only an act of crime if the meetings are by-elections and not mere consultations, which is hard to prove and document, and therefore hard to follow up and trace in terms of frequency, he said. Attempts to gather intelligence on by-election meetings through monitoring or tapping into public phone and other communications records would be violation of law and articles 30, 38, and 39 of the constitution, he further pointed out.
With the shift to the 5-constituency mode, the phenomenon would lose ground as voters would more likely make their choices based on the candidates’ political and other agendas, or compatibility with the candidates’ intellectual and other orientations, he said. The expert also noted that the campaigns are also to cost much less as the candidates are not allowed to put up all the posters and signs across motorways and areas all over the country. Those with money or connections with those with money are also to lose the edge they once had over their competitors, he noted.
The restriction to two headquarters per candidate, one for men and a second for women, would establish equality in exposure and expenses. Should the advertising restraints be violated, a candidate is to be fined a minimum of KD 1,000 and maximum of KD 3,000, which would also apply in cases of violation of the number of campaign headquarters stated. The other positive addition to this political process is law 61/2007 which prohibits all media bodies from giving exposure or airtime to a candidate over what I s allowed all others.
If a decision organizing coverage of campaigns fails to be issued, or if it is issued with limitations and loopholes, this could lead, the expert noted, to candidates and former candidates filing legal suit against the government or information minister over losses caused by inequality in this respect. In conclusion, Dr Al-Mqate’ noted that there is notable increase in utilization of the freedom of expression at elections time, and the room given by authorities for public assembly is increased to further and avoid impeding the democratic process.
