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
Decree 158/2024, however, provides for the retroactive application of revocation.
Ar ticle 1 states, in par t that “ The withdrawal of citizenship, or the withdrawal of its
certificates, in accordance with the provisions of Articles 13.1 and 21 bis A, shall result
in the recovery of all benef its disbursed and granted based on this citizenship"
(emphasis added). That is, all benef its received from the date of granting of
citizenship up to the date of its revocation will be liable, not just the cessation of
such benef its from the effective date or revocation. 53
If the surrender of nationality was for other reasons, not provided for in the
December 2024 amendments, the government may continue to provide state
benef its to the person or persons involved, but the context for their retention
differs from that prior to the changes. 54
TEXT BOX 2
Were revocation decisions made in advance of the formal
announcement of Decree Law 116/2024 legal?
A report indicates that on 25 September 2024, Kuwaitʼs Cabinet, or Council of Ministers, the
countryʼs chief executive body, approved the amendments that became December 2024ʼs Decree
116/2024.55 The GoK subsequently began enforcing this legislation retroactively, in violation of
Article 32 of the Constitution, which states that, “No crime and no penalty may be established
except by virtue of law, and no penalty may be imposed except for offences committed a�er the
relevant law has come into force.”56
The GoK implemented the measures amidst a period of political restructuring and increased
governmental control in Kuwait, leading to a large-scale campaign of citizenship revocation. The
amendments primarily target naturalised citizens and foreign spouses. It remains unclear at the
time of writing whether the government adhered to any meaningful due process as they
disregarded gender equality, and the prevention of statelessness.
Above all, revocation decisions up to the time of publication of Decree 116/2024 may, in fact, have
been illegal.
On 31 December 2024, the GoK published Decree -Law No. 158/2024. The shor t text
fur ther amended Ar ticle 16 of the Nationality Law. It provided that the withdrawal
of citizenship "shall result in the recovery of all benef its that were disbursed or
granted based on this citizenship." 57 This means that individuals stripped of their
nationality will also lose all associated rights and benef its, including social,
economic, and civil entitlements from the date that citizenship was granted.
While the Cabinet may make exceptions in cer tain cases, the provision added
another layer of punitive measures to citizenship revocation, potentially
rendering individuals and their families destitute. 58 The amendment likewise
represents a signif icant depar ture from international best practices in nationality
law.
OVERVIEW
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