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.
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