CChapter 3: Comparative analysis of nationality laws A final procedural question that can be raised here is that of proof of nationality, i.e. what constitutes evidence that a person enjoys a nationality under the law and, more importantly, where does the burden of proof to produce this evidence lie? Several of the laws in the region deal explicitly with this question. For instance, in Kuwait, article 19 of the nationality law informs that “the Head of the Departments of Police and Public Security shall issue to every Kuwaiti national a certificate of Kuwaiti nationality after investigation has been made to establish his right to such nationality in accordance with the provisions of this Law”. Subsequently, article 20 adds: “in every case, the burden of proof shall rest upon one who claims Kuwaiti nationality”. The Yemeni nationality law also puts the burden of the proof of nationality in the case of individuals wishing to confirm or restore their nationality according to article (27) which stipulates that: The burden of proof falls upon whoever claims to be holder of the Yemeni nationality or submits that he is not.189 This condition has been perceived as arbitrary by some stateless persons who complained about the 189 - Articles 27, Yemen Nationality Law No. 7, 1990. 143

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