Country Position Paper: Statelessness in Kuwait Naturalisation Naturalisation requirements in Kuwait are very strict and include residency in the country for a minimum of 15 to 20 years. 10 A religious criterion is also applied. According to Article 4(5) of the Nationality Law, to be eligible for naturalisation, a person must “be an original Muslim by birth or [have] converted to Islam according to the prescribed rules and procedures and a period of at least five years passed since he embraced Islam before the grant of naturalisation”. A person can subsequently be denationalised (the naturalisation rendered void) if the person renounces Islam or “behaves in such a manner as clearly indicates his intention to abandon Islam”. 11 Prohibition on dual nationality Kuwait has a prohibition on dual nationality, as is prescribed under Article 12 of the Nationality Law. 12 A Kuwaiti citizen should not obtain any other nationality and individuals who wish to naturalise as Kuwaiti must renounce the nationality of their country of origin. If they do not do this, the law allows for their Kuwaiti nationality to be withdrawn. The Kuwaiti Government has used alleged hidden foreign nationalities as justification to withdraw nationality from Kuwaiti citizens, which may in fact lead to statelessness. 13 Deprivation of nationality There is an active practice of deprivation of nationality in Kuwait often leading to statelessness. Children may also be affected through so-called ‘derivative deprivation’, where their nationality is lost following the withdrawal of nationality from their parent. Key resources: HRW, Kuwait Government Strips Citizenship from Critics, 2014 Kuwait Times, Crackdown on dual citizens, 2017 Kuwait Times, The Appeals Court overturns ex-MPs citizenship verdict, 2016 The grounds on which an individual may be deprived of Kuwaiti nationality differ between those who are naturalised citizens (Article 13) and those who are citizens by birth (Article 14). They include grounds relating to fraud, loyalty and other forms of behaviour, including some broadly formulated powers such as where a person “disseminated opinions which may tend seriously to undermine the economic or social structure of the state”. 14 Since 2011 there has been increased denationalisation in Kuwait, because of a crackdown on dissent after the so-called ‘Arab Spring’ which led to increased protest. 15 There are no Kuwait 1959 Nationality Law. Available online at: https://www.refworld.org/docid/3ae6b4ef1c.html Kuwait 1959 Nationality Law. Available online at: https://www.refworld.org/docid/3ae6b4ef1c.html 12 Kuwait 1959 Nationality Law. Available online at: https://www.refworld.org/docid/3ae6b4ef1c.html 13 UNHCR UK. Ending Statelessness. https://www.unhcr.org/stateless-people.html 14 Kuwait 1959 Nationality Law. Available online at: https://www.refworld.org/docid/3ae6b4ef1c.html 15 For more information on the crackdown on the stateless after the 2011 Arab Spring, see: Human Rights Watch (2011). Dozens injured, Arrested, in Bidoon Crackdown. Access at: https://www.hrw.org/news/2011/02/19/kuwait-dozens-injured-arrested-bidun-crackdown. For a photo essay see: Constantine, G. Nowhere People. Access at: http://www.nowherepeople.org/kuwait/. 10 11 5