Statements

Kuwait – Halt the mass citizenship stripping to ensure that the measures adhere to international human rights law

Posted on by Salam Media
20
Dec

 

20 December 2024

London / Beirut

The government of the Amir of Kuwait, Mishal al-Ahmad al-Jaber al-Sabah, must halt the ongoing, months-long collective citizenship stripping initiative that appears to exceed the sovereign prerogatives of Kuwait. The Government of Kuwait (GoK) should conduct an independent review of its measures to ensure that it adheres to the international human rights covenants to which Kuwait is a state party.

On 23 November 2024, the MENA Statelessness Network (Hawiati), Salam for Democracy and Human Rights (SALAM DHR), along with the Rights Realization Centre (RRC) sent a memorandum to the Amiri Diwan, the Diwans of the Crown Prince and Prime Minister; the Ministries of Interior and Justice and the Legal Advice and Legislation department of the Government of Kuwait (GoK). The memorandum, sent also by email to the Embassy of Kuwait to the United Kingdom and its Mission to the United Nations at Geneva, set out specific concerns and sought information in relation to: 

  • The mass citizenship stripping initiative underway since at least March 2024 and which, according to one report, has resulted in the stripping of citizenship of over 12,000 people in the last three months alone;
  • Reported changes to Kuwait’s Nationality Law; and
  • Continued and further marginalisation of the community known generally as Bidoon.

Our organisations stated that the practices of arbitrary exclusion from access to Kuwaiti nationality, a practice that amounts to a punitive exclusion of the rights associated with nationality, as well as denaturalisation, particularly when it impacts large numbers of people, carry grave consequences for individuals and their families. 

We expressed concern that the policies of the GoK create and perpetuate cases of statelessness, increasing the number of those who are stateless, leaving them vulnerable to exploitation and further human rights abuses. While such abuses have long been faced by members of the community generally known as the Bidoon, the denationalisation campaign heightens the risk of a greater number and severity of such human rights violations.

Our organisations requested a response by 31 December 2024 and to meet with government representatives in London and Geneva in order to set out our concerns. However, we have decided to act now on account of the government’s failure to acknowledge our organisations’ memorandum and on account of reports that suggest a great deal of incertitude and possibly suffering, including a report decision to apply the new measures retrospectively.

Emerging reports suggest that tens of thousands of people face human rights violations on account of the GoK’s actions and that those impacted have included women and children whose legal position under Kuwaiti law has rendered them vulnerable to arbitrary state action for which the government has not provided any means of appeal or an effective appeal. 

 

In our organisations’ 23 November 2024 memorandum, we stated that:

“The absence of clear information regarding the legal basis for such decisions, their total number and measures put in place to prevent statelessness alarms [our organisations] The potential consequences for those impacted only exacerbates the sense of insecurity and injustice felt by many.”

We requested that the GoK clarify:

  1. The specific and objectively verifiable criteria that are being used to determine who is subject to denaturalization and whether these criteria are in line with international human rights standards.
  2. What protections are in place for those who are at risk of losing their citizenship, and what legal avenues exist for them to challenge such decisions.
  3. What objectively verifiable measures are being taken to ensure that those affected by denaturalization will not be left stateless, and what provisions will be made to safeguard their basic human rights, including access to education, healthcare, and employment.
  4. What the long-term implications of these actions will be for the individuals involved, as well as for the broader community in Kuwait.

In respect to reported amendments to the 1959 Nationality Law, we requested that the GoK advise our organisations how “its provisions bring Kuwaiti law and practice in Kuwait in line with international obligations. In particular, with respect to the rights of women and children and adherence to international human rights standards and ‘best practice’.

Finally, in relation to the Bidoon, our organisations expressed alarm at a 2 November 2024 report in the al-Qabas newspaper, where the government once again appeared to have stated that those individuals who present their “original nationality”  will have their status regularised. We reminded the GoK of the bankruptcy of this previously-used gesture, which also ended in failure. We reminded the authorities of appeals made in 2012 and 2013 that the GoK:

  • Stop referring to Bidoon as “illegal residents” and ratify international treaties relating to statelessness;
  • In consultation with national and international civil society, determine and publish clear, objectively verifiable assessment criteria for naturalisation;
  • Begin a fair, transparent and swift adjudication of all applications for nationality;
  • Enable Bidoon residents of Kuwait to have access to the courts or another form of independent tribunal with the force of law to challenge decisions made by the authorities and to make the case for their recognition as Kuwaiti nationals.

We also reminded the GoK of its international human rights obligations. 

The GoK has not responded to our organisations’ memorandum, sent also to its representatives in London and Geneva.

 

Background information

Hawiati, the MENA Statelessness Network (Hawiati), provides a network for those who work on the issue of statelessness in the Middle East and North Africa region, and those who experience this condition. Hawiati’s goal is to end statelessness in the region, working with partners, globally.

Salam for Democracy and Human Rights (SALAM DHR) undertakes research and advocacy to promote and protect international human rights standards as well as the principles of democracy, especially in the Gulf region.

Rights Realization Centre (RRC) promotes state adherence to international human rights standards, including by providing training to officials.

 

  • Hawiati – MENA Statelessness Network – info@hawiati-mena.org / @Hawiati_MENA
  • Salam for Democracy and Human Rights – info@salam-dhr.org / @SALAM_DHR
  • Rights Realization Centre – @RRC2018 

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