Women's case goes to Kuwait's court

By Miriam Amie

KUWAIT CITY (DPA): Kuwaiti women gained ground in their fight for voting rights on Monday when a lawsuit filed against the all- male election law was sent to the Constitutional Court for review.

If the nation's top court rules that the current election law is illegal, the National Assembly would then have to revise it to allow women the right to vote and hold public office.

The lawsuit was one of at least six filed with the state's administrative courts against the election law. The others were all rejected for not being "serious", albeit by a different judge.

"Even though five of our other lawsuits were rejected today, the fact that we got one through the door (of the Constitutional Court) matters significantly. It's a big step forward. It's a victory," said attorney Badria al-Awadi.

The lawyer represents Rola al-Dashti, an activist whose lawsuit was referred to the Constitutional Court, where it is due to be heard within a month.

Some activists called it a "stroke of luck" that al-Dashti's case did not land on the table of the judge who rejected the other lawsuits.

"This may cause some people to question the judges in our system as the cases were basically identical. It may have been sheer luck on our part. It doesn't matter if 10 or 20 or five get rejected, as long as we got one through the gate," said Fatma al- Abdali, one of the activists whose own case was thrown out Monday.

Abdali, who heads a group of 17 non-governmental organizations called the Women's Issues Network, said, "the real risk now is with the Constitutional Court since its decision on the legality of the voting law would be final. There's no appeal after that."

Kuwaiti women decided to take the suffrage issue to court last March after the nation's elected parliament in November rejected by a narrow margin a bill that would have granted them the right to vote and hold public office starting in 2003.

The bill mirrored a women's suffrage decree issued by Kuwait's ruler, Sheikh Jaber al-Ahmed al-Sabah, one year ago that was also rejected by the house in November.

Kuwaiti men and women are granted equal rights under the constitution, but the first article in the country's 1962 election law prohibits women from voting or holding office.

It is this article that the activists want declared unconstitutional.

Kuwaiti women are seen as the most progressive within the Gulf Arab nations, where Kuwait has the only wholly-elected assembly.

But conservative elements within society, including many legislators, feel women should not enter the controversial world of politics.

Islamist deputy Nasser al-Sane once said he was in favor of granting women the right to vote and hold office, "but with some conditions that would conform with our society."

Some MPs feel that only "veiled women" should be able to participate in parliamentary life. Others are totally against women voting or engaging in political work.