Country Position Paper: Statelessness in Kuwait rights-based route to resolving statelessness for the Bidoon population and has been heavily criticised. 29 Status and documentation Different sub-sets of the Bidoon community hold different types of identification and many have been left undocumented altogether. The documented Bidoon are registered with the Government and often have a ‘reference card’ or ‘security card’ 30, and some members of this group may have access to rights, such as healthcare (see below). 31 However, the issuance and renewal of identity cards is subject to the requirement that the Bidoon sign affidavits renouncing any claim to Kuwaiti nationality. 32 The undocumented Bidoon have never been registered, have no identity documentation and face an increased risk of arbitrary arrest and detention. 33 The US State Department reports that “many adult Bidoon lacked identification cards due to the many administrative hurdles”. 34 Civil documentation such as birth, marriage and death certificates are sometimes accessible for Bidoon with a ‘reference’ or ‘security’ card. Bidoon with this card need to request permission to obtain these civil documents and they may still be refused if the Government suspects that they have other nationalities. 35 UNHCR reports that many Bidoon “are denied access to public services and are not being issued with legal documents, including those related to vital events such as birth and marriage certificates” 36 , leaving them with no documentation of identity. The lack of birth certificates 37 is another factor that restricts Bidoon children’s “ability to obtain government-issued identification cards, access adequate medical care, attend school and be counted in official statistics”. 38 Pursuant to Kuwait’s Passport Law (Law No. 11 of 1962), documented Bidoon are theoretically eligible for a travel document commonly referred to as an ‘Article 17 Passport’. This passport contains a clear annotation indicating that the holder is not a Kuwaiti citizen. 39 Such passports are The Washington Post (2016, May 17). The controversial plan to give Kuwait’s stateless people citizenship of a tiny, poor Afrian island. Available on: https://www.washingtonpost.com/news/worldviews/wp/2016/05/17/the-controversial-plan-to-give-kuwaits-statelesspeople-citizenship-of-a-tiny-poor-african-island/?noredirect=on&utm_term=.a6657e1136d7 30 Human Rights Watch (2011). Prisoners of the Past. Kuwaiti Bidun and the Burden of Statelessness, June 2011, https://www.hrw.org/report/2011/06/13/prisoners-past/kuwaiti-bidun-and-burden-statelessness 31 Beaugrand, C. (2017). Stateless in the Gulf: Migration, Nationality, and Society in Kuwait. 32 UN Human Rights Council (2014). Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, A/HRC/WG.6/21/KWT/2. Available at: https://www.upr-info.org/sites/default/files/document/kuwait/session_21__january_2015/a_hrc_wg.6_21_kwt_2_e.pdf. 33 Albarazi, Z. (2017). Regional Report on Citizenship: The Middle East and North Africa. http://cadmus.eui.eu/bitstream/handle/1814/50046/RSCAS_GLOBALCIT_Comp_2017_03.pdf?sequence=1 34 US Department of State (2018) Country Reports on Human Rights Practices for 2018: Kuwait. Available at: https://www.state.gov/documents/organization/289460.pdf. 35 Minority Rights Group International (2017). Kuwait, Bidoon Profile. Available at: https://minorityrights.org/minorities/bidoon/ 36 UNHCR (2014), Submission by the United Nations High Commissioner for Refugees For the Office of the High Commissioner for Human Rights’ Compilation Report - Universal Periodic Review: STATE OF KUWAIT. Available at: https://www.uprinfo.org/sites/default/files/document/kuwait/session_21_-_january_2015/unhcr_-_united_nations_high_commissioner_for_refugees.pdf. 37 UN Committee on the Rights of the Child (2013). Concluding Observations: Kuwait, CRC/C/KWT/CO/2, 29 October 2013. Available at: http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsqkKV0xrUf%2bC9C%2f9uTI230ixwWkdJgZEz WINC20%2fCcqb9NrxwgM9B9sS8ZKRwBAZ9RQjtdPpjtvEZApU90hTsRcb5%2bld1vyhXu9W3d9KGR%2b8. 38 US Department of State (2018) Country Reports on Human Rights Practices for 2018: Kuwait. Available at: https://www.state.gov/documents/organization/289460.pdf. 39 Canada: Immigration and Refugee Board of Canada (2011). Kuwait: Information on Article 17 passports, KWT37021.E, available at: https://www.refworld.org/docid/3df4be5914.html. 29 8