S TAT E L E S S B Y D E C R E E
In April 2021, however, the Court of Cassation reportedly made a decision analogous to
the March 2016 ruling. 68 The importance of these two cases appears to be, at least prior to
the passage of 2024 nationality legislation that it provides for the retroactive revocation
of nationality. For example, a long-since grandparent may be deemed to have obtained
nationality fraudulently and, as a consequence, dozens of his descendants born Kuwaiti,
including minors, face the punitive revocation of their nationality.
Kuwaitʼs current Minister of Interior and Chair of the Supreme Committee for Citizenship
Review, Fahad al-Yousef al-Sabah stated: “Granting nationality is a sovereign matter as ruled
by the Constitutional Court, and I do not believe that any level of the judiciary has the authority
to review it.” 69
It is perhaps on account of the climate that the GoK created that Zahra - a pseudonym for
a person who provided testimony - was (in her words) “blocked” from hiring a lawyer (see
below).
Scope and operation of citizenship revocations in
2024-2025
TEXT BOX 4
Operationalisation of citizenship for political outcomes
The GoK has previously operationalised citizenship for political outcomes. In 2015,
Kuwait human rights and political activists told a member drafters of this report
report that “revocation of citizenship is an even more severe punishment than
imprisonment, since the government also strips the nationality of dependents of adult
males whose citizenship has been revoked.”70
In July 2014, the government revoked the citizenship of two men seen as opposing the
government, Ahmed al-Jabr (al-Shammari), owner of the al-Youm media platform,
critical of the government, and Abdullah Barghash, a former parliamentarian, along
with his two brothers, his sister and their dependents.71 The GoK took this step as a
part of an “iron fist policy” to quell socio-political unrest relating to the arrest of a
prominent political figure. Prior to the authoritiesʼ revocation of his nationality,
Abdullah al-Barghash had frequently criticized the government on Twitter [now X]
and during media interviews, accusing it of corruption in June 2014 and urging people
to reject the arbitrariness of the Interior Ministry.72
On 29 September 2014, the authorities revoked the citizenship of Saʼad al-ʻAjmi, a
political activist born in Kuwait. The spokesperson for the Popular Action Movement,
opposed to the (then) government, on 22 April 2015, the GoK expelled him to Saudi
Arabia, asserting that he was not a Kuwaiti citizen. While able to challenge the process
in lower courts, on 12 October 2015, an Appeal Court ruled that it did not have
jurisdiction as it was a sovereign matter (see Legal Framework).
The GoK used, in 2014, pre-existing provisions in the Nationality Law to revoke the
nationality of those alleged of, amongst other things, trying to "undermine the
stability" of the state. The GoK stripped the citizenship of 57 individuals from the
al-Barghash family. As in all such cases, the decision stripped the impacted family
members of state benefits, including public healthcare, education and housing.
31
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