“RECENTLY we witnessed arguments on the local level on the legal status of Kuwait’s Chamber of Commerce and Industry (KCCI) and whether or not the law that established the KCCI legally kept abreast with the procedures governing the enactment of the Kuwaiti laws,” columnist, constitutional expert and professor at Kuwait University’s Faculty of Law Dr Mohammed Almoqatei wrote for Al-Qabas daily Thursday.

“The arguments have gained momentum to such an extent some people are mixing between the legal status of the Chamber with points which have nothing to do with the original topic. Not just that, some people have given baseless legal opinions on this topic.
“Personally, I prefer to refrain from commenting on this topic unless it is studied scientifically and from a legal point of view. In other words, I have carried out a blanket study on the subject and I will publish it in detail later.

“However, I here I will give a concise view of the topic. As a matter of fact, the Kuwait Chamber of Commerce and Industry like any new institute was founded under the constitutional and legal system and under specific procedures and rules, given the fact a  lot of legislation and laws were issued under this system prior to the enactment of the current Constitution.
“The Kuwait Chamber of Commerce and Industry was established in 1959 pursuant to the law founding it and was published in the official gazette ‘Kuwait Alyawm’ in its edition No. 229 on June 28, 1959.

“In this context, we say the procedures which governed the establishment of the KCCI were legally sound and legitimate because these procedures were in accordance with the then law which was valid prior to the enactment of the Kuwaiti Constitution.
“Meanwhile, we elucidate the legislation during that time was issued either through specific laws or decreed laws or through an Amiri decree. This happened because there was no specific legal mechanism to enact the laws in the country under the then constitutional and legal system which governed the country’s legislation prior to the enactment of the current Constitution on Nov 11, 1962.

“Such being the case, all laws and legislation which were issued prior to the enactment of the Constitution were legally sound and intact, because all these laws and legislation were signed by the Amir before they were published in the official gazette.
“Not just that, the publishing of the relevant laws and legislation in the official gazette constitutes evidence confirming the soundness of these laws and legislation.
“In this connection, we say many significant laws were issued during that time prior to the enactment of the Constitution in 1962 such as the Law of Kuwait Municipality which was enacted in 1954, the Air Navigation Law which was enacted in 1958, the Kuwait Ports Law in 1959 and that of Kuwait Chamber of Commerce and Industry in 1959.

“In light of the above, we infer that the foundation of the Kuwait Chamber of Commerce and Industry, was legally and constitutionally cent per cent sound, given the fact this was confirmed also by Article 180 of the current Constitution which stipulates ‘All provisions of laws, regulations, decrees, orders and decisions, in effect upon the coming into force of this Constitution, continue to be applicable unless amended or repealed in accordance with the procedures prescribed in this Constitution, provided they are not contrary to any of its provisions’.”

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“I am indeed surprised over the informational uproar created by some people over the topic of Kuwait Chamber of Commerce and Industry (KCCI) and attempts by some people to toy with this issue,” columnist and MP Dr Hassan Johar wrote for Aljarida daily Friday.
“Some people consider what has been said about the legitimacy and legality of the Chamber as an abuse against the Chamber, its historical role and the business symbols in the country.
“Some people have discussed the aspects of the topic through political hysteria that has nothing to do with neutrality, objectivity and the legal dimension of the topic as a whole.

“However, to end the arguments hereby I would like to call on everyone to go through the minutes of meeting of the Kuwait Chamber of Commerce and Industry’s Board of Directors which was held on Feb 22, 2004 through which the Chamber’s directors themselves had raised issue about the extent and soundness of the legality of the law establishing the Chamber which was published in the official gazette ‘Kuwait Alyawm’ on June 28, 1959.
“As a matter of fact after the legal advisor of the Chamber who was consulted in this regard by the Chamber’s Board of Directors had emphasized that the law establishing the KCCI in 1959 lacked legal procedures and rules.
“However, following the legal opinion in question which was given by the Chamber’s legal advisor, a new draft law for the Chamber was prepared and sent to the government in a prelude to referring it to the National Assembly for endorsement.”

“Over the past few days I have been minutely following up the statements which have been issued by MP Hassan Johar related to the current legal status of the Kuwait Chamber of Commerce and Industry,” columnist Falah Al-Shaalani wrote for Alam Alyawm daily Thursday.
“I have also followed up the statements and opinions given by some other people on the same topic including members of the National Assembly, writers, legal advisors and economists, but I did not see direct or indirect abuse of the historic role played by the KCCI or against any founders or current and former members.
“In comparison, we found some people casting doubts over the intention of those who have raised this topic because of its timing. In other words, these people are trying to link the KCCI issue with that of the sports movement in the country and these people have gone to the extent of considering the timing as an attempt to liquidate some accounts and this is known for all those who follow up the sports affairs in the country.

“Apart from the above, we found some other people were playing with the sentiments of other people and their patriotic role they have played in the past particularly the merchants to found and build Kuwait and its constitutional system.
“This happened, although the role of Kuwaiti merchants in this regard was always undeniable and nobody has tried to cast doubts on this role, but it goes without saying this role doesn’t mean the merchants reserve the right to violate the laws or practice their activities without legislative cover.
“Needless to say attempts exerted by some people are mostly aimed at diverting the attention of the people away from the illegal status of the Kuwait Chamber of Commerce and Industry which MP Hasan Johar is asking to correct by adding the necessary legitimacy to its status through constitutional channels.”

“Many countries throughout the world hosts people of various ethnicities, doctrines, sects and religions speaking different languages,” columnist Salah Al-Sayer wrote for Al-Anba daily Thursday.
“In spite of this, these countries have never suffered from the kind of problems which have surfaced recently in Kuwait.
“In other words, these countries do not have problems when it comes to ethnicity, doctrines or sects or any type of fanaticism, simply because these people in the relevant countries have a feeling that they are the citizens of one country.
“In Kuwait we see people who are talking about their own social and cultural characteristics ignoring the fact they belong to a small country and this means it is necessary that all people irrespective of their ethnic, doctrinal, sectarian and religious belonging live under the banner of national unity and fraternity.
“Apart from the above, these people must bear in mind that they are living in a State of luxury that has provided them all welfare without discrimination.
“However, we feel this fanatic, denominational and unfamiliar fanaticism can be attributed to a state of intellectual opulence and economic luxury which currently prevail in the country.”

“It seems the National Assembly gave up its legislative and supervisory role as it is more interested in following up statements given by outsiders and in engaging in non-stop arguments about these statements,” columnist Dr Nayef Al-Adwani wrote for Al-Shahid daily.
“Not only that, those who issued such controversial statements are then invited to Kuwait. Naturally, those opposing the statements protest against this and appeal to the Ministry of Interior to use all possible tools and ban these people from entering the country. Their main purpose is to avoid chaos and sectarian problems in the country. But on the other hand, the supporters of these people start talking about grilling the Minister of Interior if he bans these people from entering the country. In fact, it is the responsibility of the country where these releases are issued to tackle them as they deem fit. Therefore, we should not turn the National Assembly into a stage for fighting sectarian problems.”

“Freedom should be within proper limits, because when people overstep, they lose their ability to distinguish between the right and wrong and in the process, they lose their own freedom and force others to lose theirs too,” columnist Zainab Esmael Al-Qallaf wrote for Al-Dar daily.
“The concept of freedom was explained in a book ‘Manners and Islamic Morals.’ In this book, freedom from an Islamic point of view was referred to as the use of human mind in science and fields that are in favor of humans in general.
“However, our current generation is affected by western thoughts and is not able to differentiate between beneficial and ‘harmful’ knowledge. Hence, this generation started imitating the western world in terms of clothing, appearance and food choices. Therefore, we notice that this generation is driven by their desires and this is one of the causes of the destruction of human civilization.”

“As per a survey conducted by ‘gethealthyKuwait.com,’ 70 percent women in Kuwait suffer from high cholesterol while only 24 percent men have this problem,” columnist Salem Al-Nashi wrote for Arrouiah daily.
“A total of 3,084 people participated in the survey and it was found that 69.9 percent women and 24.97 percent men had high cholesterol. Also, 29.09 percent women and 21.57 percent men were severely diabetic.
“In the past, only few women had weight and cholesterol problems, because they ate homemade foods which were fat free. But now, the fast food restaurants, home delivery services and banquets for weddings and festivals changed our diet altogether. Not to mention, the sweets and cakes which Kuwaiti women compete to make for their get-togethers.”

“We appeal to the Prime Minister Sheikh Nasser Al-Mohammed and his Cabinet colleagues to give serious thought to extra and marginal laborers in Kuwait,” columnist Jassim Al-Taneeb wrote for Al-Watan Arabic daily.
“These laborers are posing a danger to the entire Kuwaiti society as some of them commit violations daily. Moreover, since the number of these laborers is increasing, there is a rise in crimes too.
“Hence, we appeal to the ministries of Interior and Social Affairs and Labor to organize campaigns to solve the problems caused by marginal laborers, especially those who are absconding. In addition to this, all laws related to this issue should be enforced against those who bring laborers without abiding by rules and regulations.”

“There was a news item on the last page of Al-Seyassah daily saying a Saudi court found a guard guilty of marrying six women and awarded him a punishment of 120 whips as Islam allows a man to have only four wives at any given time,” columnist Talal Al-Saeid wrote for Al-Seyassah daily. 
“The guard defended himself saying he was illiterate and was not aware that Islamic Law allowed only four wives. As part of the punishment, the judge slapped a travel ban on him for five years and asked him to recite two sections of the Holy Quran so that he knows the limits set by Allah.
“However, it is remarkable that the guard was able to marry six women at a time when senior officials are finding it difficult to maintain two wives. If I were the judge, I would have asked him to just divorce two of his wives. This man deserves praise for having the courage and ability to marry and maintain six wives. In the current era, it is rare to find a man who has the courage to marry a second time and even if he dares, he becomes the chief concern of the whole society.”

“Some people claim to have obtained documents which show the extent of violations committed at the Public Authority for Social Security (PASS),” columnist Zayed Al-Zaid wrote for Al-Nahar daily.
“These people have been writing extensively on these so-called violations and are holding seminars to discuss this issue. They also organized campaigns in an attempt to embarrass the Popular Bloc.
“We find these people’s attitude very strange, because all the citizens living in this good country, including the Premier, ministers, MPs, activists, media men are interested in the issue of public funds. Hence, I don’t know what is preventing these people from referring the so-called evidence to the Premier or Deputy Premier for Economic Affairs or even the Minister of Finance.”

“The danger and significance of the current development plan is embedded in the fact that it came after the 1986 plan, which has already gone”, Dr Mubarak Al-Tharwa wrote for Al-Rai daily.
“This is the second plan over the last two decades, which is probably the reason behind some people being skeptical about its implementation and reality. We are accustomed to distrusting the government; nonetheless I personally believe we should trust our government and institutions to encourage them to perform their duty. We used to complain so much about the unavailability of a strategic plan, so we should be patient now that we have one.
“Yes, government faces a serious challenge, and it is not good to allow excuses for financial, administrative and human inabilities. The resources for development are available in abundance, while we can import those which are not available. Individuals who doubt Kuwait’s competence, with regards to the marathon development plan, are inexperienced. A Chinese professor heads King Abdullah University, which is a model for mega development projects in Saudi Arabia, with most of its scientific and academic contracts coming from overseas, and not Saudi Arabia alone.
“Foreign companies undertook major oil related projects in Kuwait and Saudi Arabia. Did the Indians not construct the British tunnels during the Second World War? We hope the National Assembly will closely monitor projects carried out by the government and ensure adherence to the plan, in order to avoid delay or outright cancellation. We are looking forward to a different Kuwait that will respond to the yearnings of citizens and residents, so that we can regain the lost regional glory”.    

“I was one of those people who were most passionate about activities of the Illegal Structure Demolition Committee, Madhi Al-Khamis wrote for Awan daily.
“However, I started to feel the committee was digressing from the primary assignment of demolishing illegal structures, after they took the application of law to the extreme. We do not really know who placed, passed and approved the law, and I suppose any rational person will agree the committee should not be demolishing gardens, trees and palm, which the government used to support anybody who wanted to plant.
“Tree planting was very significant to former Amir Sheikh Jaber Al-Ahmad, as he wanted to see Kuwait beautiful with plants. He allocated a huge budget for that purpose, so the government encouraged citizens to plant trees in front of their houses and in the environment.

It is unfortunate the same government is today waging war against tree planting, under the guise of trespassing. What has changed between the situation and the government?
“When the committee started demolishing houses, walls, gates and barricades encroaching on public property, we used to accept the action, although we had reservations on demolition of canopies in front of houses, but it went out of hand when they descended on trees, palms and other plants surrounding houses, meant to beautify the houses and provide a healthy environment for citizens”.

— Compiled by Zaki Taleb