S TAT E L E S S B Y D E C R E E
S TAT E L E S S B Y D E C R E E
D e c r e e L a w s 1 1 6 /2 0 2 4 a n d 1 5 8 /2 0 2 4 : t h e
f i r s t c o m p r e h e n s i v e l i m i t a t i o n s to t h e
Na t i o n a l i t y L a w
The GoK repor tedly asser ted that the general objective of 116/2024 was to
strengthen nationality security, combat the challenge of falsif ication or
manipulation of state -issued identity documents, and to achieve “social justice”,
including by “protecting the children of Kuwaiti women and ensuring the stability of
families”.
Decree Law 116/2024 provides that: 49
•
A non-Kuwaiti woman who married a Kuwaiti since 1987 will not acquire
Kuwaiti nationality;
•
The naturalisation of a male, non-Kuwaiti no longer facilitates his wifeʼs
naturalisation;
•
The children of a naturalised, male Kuwait are considered Kuwaiti and have the
right to choose their nationality within a year of reaching majority, or the age
of 21;
•
The Minister of Interior be able to recommend the issue of a decree that strips
a person of their Kuwaiti nationality where the GoK deems that granted
“through fraud, forgery, or based on false statements”; 50
•
Citizenship be removed where a person “is convicted by a final judgment after
being granted Kuwaiti citizenship of a crime involving moral turpitude or
dishonesty, or of a crime against internal or external state security, or of a crime
against God, the prophets, or the Amir”;
•
A minor born to a Kuwaiti mother, and who continually resides in Kuwait,
where his non-Kuwaiti father is “a prisoner, or [who has] divorced his mother
irrevocably, or died, may be treated as a Kuwaiti until he reaches the age of
majority.”
•
“Modern scientific methods” will be used in the determination of nationality
(without reference to any other form of investigative mechanism);
The December 2024 amendments that broadened the scope of revocation of
nationality played a crucial role in enabling the citizenship stripping campaign
initiated by the government in mid-2024. The amendments, set out in Ar ticles 10,
11, 13, 14 and 21 bis A and B of the 1959 Law, broadened and cemented the
restrictive scope of access to Kuwaiti citizenship as presaged by the government ʼs
mid-2024 citizenship stripping campaign. They are as follows:
•
Ar ticle 10 provides for the loss of nationality where a Kuwaiti woman
voluntarily acquires the nationality of a non-Kuwaiti husband;
•
Ar ticle 11 provides for the loss of nationality where an adult, male Kuwaiti
voluntarily acquires the citizenship of another state. It provides for his wife
OVERVIEW
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