Winds and Poles: Kuwait Cannot Do Without Global Expertise
All those I know have welcomed the news that the government has appointed three foreign members to the board of directors of Kuwait Airways Company, driven by their optimism that these foreign experts will help rescue the institution from its accumulated losses and restore it to its golden era, when it was a pioneer in civil aviation in the Gulf and the broader Arab world.
The engagement of foreign expertise is a well-known and widely practiced approach in many countries around the world. However, it appears that the recently issued Law Regulating the Judiciary does not follow the same trajectory, as it mandates full Kuwaitization within five years. Regardless of the timeframe, hasty decision-making—even if aimed at reform—may not achieve its intended objectives. The need for foreign expertise may persist in certain fields, albeit within reasonable limits and with recognized professionals, such as Dr. Othman Khalil, who drafted the constitution, and the British expert who created the first structural master plan for Kuwait City. In major national projects, leading international consulting firms are often selected. This avenue should remain open based on need and the potential benefit derived from such expertise, rather than being closed by a law within five years or any other fixed period. Many well-known Kuwaiti professionals and specialists in these fields have informed me that they believe the door to utilizing foreign expertise, within established limits, should remain open, particularly since the final decision rests with Kuwaitis.
One cannot cite the age or historical background of any institution or facility as grounds for dispensing with foreign expertise. Kuwait Airways Company, one of the state’s oldest institutions, still required such expertise. Therefore, the exchange of knowledge is essential regardless of how long-standing or historically significant a facility may be. In recent years, many judicial principles in various countries have evolved, attaining constitutional status, such as the principles of judicial and legal security and economic security. Additionally, many disputes are now referred to international arbitration or courts, underscoring the need for expertise in these areas.
When I served as Minister of Justice, a decision was issued to cooperate with the Judicial Council to send top graduates of the Judicial Institute to pursue specialized legal studies in English in the United Kingdom. Similarly, the Ministry of Health has followed this approach for years, sending physicians abroad to obtain specialty certifications and board qualifications from the world’s leading universities and hospitals. As a result, Kuwait now has consultant physicians in all specialties. Nevertheless, the Ministry of Health continues to host select international medical experts to perform certain procedures and facilitate knowledge exchange, a decision that is undoubtedly sound and necessary.
Some specialists have also informed me that this law reduced the minimum service requirement for promotion from Consultant to Senior Consultant from ten years to three years, at an estimated financial cost of approximately one million dinars per month. This occurs while salaries of some employees and pensions of retired judges are being reduced, and given the state’s current direction toward rationalizing expenditures. If these claims are accurate, clarification and transparency are imperative.
