Nationality and Cases of Statelessness in the Middle East and North Africa
for the courts. It may therefore be plausible for some
Bidoon to bring their situation before the courts, if
the assertion is not that they should be entitled to
acquire nationality, but that they are being refused
documentation recognising the nationality that they
obtained under the law, i.e. on the basis of residence
in Kuwait from 1920 to 1959 or as the descendant
of a man who qualified thus. Even if such cases
would be admitted to the courts, there would be a
significant challenge to provide satisfactory proof
of this residence so long after the fact (i.e. through
documentation or witness testimony). Regardless
of the extent to which such an avenue may prove
successful, it is encouraging to see that access to the
courts with regard to nationality complaints is not,
perhaps, entirely off limits. Elsewhere in the GCC there
have also been some isolated examples of appeals
procedures being invoked with respect of nationality
decisions, in particular the deprivation of nationality.
Seven Emirati nationals stripped of their nationality for
speaking out against the authorities in 2011 managed
to have their case reviewed by the courts, but to no
avail – the ruling confirmed that the state had acted
within its powers.185
185 - Gulf Centre for Human Rights, UAE: Revocation of citizenship of seven
human rights defenders and deprivation of basic rights, 16 January 2012.
140
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