Selective law implementation

Former Health Minister Ali Al-Obaidi left a broad argument over many decisions he made, especially with regards to ‘medical tourism’ and sending a large number of Kuwaitis into retirement, some of whom are experienced consultants in vital fields and have medical achievements that have saved a lot of lives. The Civil Service Commission (CSC) said in its reply to the legal question about “retiring some doctors and medical professionals,” that it is a legal decision and falls under the authority of the minister according to what the public interest requires.

The retirement law and its articles are clear, but retiring doctors, especially consultants, might cause a disturbance in the medical field, especially under the increasing need for consultants with specialties. That will lead to a deficiency in the medical field, which in turn will lead to hiring non-Kuwaiti doctors in contradiction with the state’s Kuwaitization policies. In some state departments including the foreign ministry, some ambassadors reached their retirement age and were retired, but some of them remained in service on special contracts through decisions made to serve the ‘public interest,’ besides other official bodies that grant special contracts to non-Kuwaitis over the age of 70 in fields such as law, engineering and medicine.

The issue is not implementation of the text of the law, rather complying with some laws for special purposes, while the law is sometimes broken or bypassed in other fields under the umbrella of the same state department. In the medical field, the health ministry sometimes invites foreign consultants who are over 70 years of age due to their experience, and this justifies keeping Kuwaiti medical expertise.

Retirement and use of foreign non-Kuwaiti expertise is one of the main reasons of demographic problems that Kuwait has been suffering from for years, and the best example can perhaps be found in the recent statement of Egypt’s labor minister in regards to Egyptian labor forces and ‘imposing’ Egyptian manpower on the Kuwaiti labor market. The demographic structure in Kuwait became ‘paralyzed because’ of the comparatively low number of citizens and rise in the number other communities. And because of such grave mistakes, Kuwait will keep paying the price especially in the field of job opportunities.

The problem lies in the selective policies adopted by most state departments in implementing the law. Many exceptions are made in appointing officials who are unqualified for promotion or appointment because they already have passed the retirement age according to the law, but the government’s appeasement of some people creates a social rift, discrimination and does not serve public interest. The demographic imbalance and selective implementation of retirement should get the attention of members of the parliament, and not just remain as words exchanged for ethnic, sectarian and political motives. Justice, equality and freedom are basic principles according to the constitution, so who will take the initiative to implement them?