Legally, persons who have been stripped of their nationalities are
suspended from using their official documents. Also, they are requested
to obtain clearances from 14 governmental entities, even if they do not
have any procedures with these entities, after obtaining a special card as
stateless. (11) Former nationalities of those who were stripped from the
Kuwaiti nationality may not be legally reclaimed according to restrictive
laws of many countries. This is particularly true if the former nationality
was voluntarily dropped by the naturalised Kuwaiti citizen as part of
fulfilling the Kuwaiti requirements for naturalisation.
Many naturalised wives of Kuwaiti citizens are not allowed to retain their
original nationality, per the nationality laws of their former countries,
except in the case of the death of a husband or divorce. For instance,
Bahraini Nationality Law will only allow Bahraini women who lost their
Bahraini nationality after being naturalised in their husbands’ nationality
to regain their Bahraini nationality if they returned to live to Bahrain
after divorce or death of the husband. (12) This can constitute a problem,
even for divorced or widowed naturalised wives, if they cannot leave
their Kuwaiti children behind.
The Ministry of Justice in Kuwait has issued certain conditions to allow
for filing lawsuits in courts, including proof of nationality for both the
plaintiffs and lawyers. This is a violation of Article 166 of the Kuwaiti
Constitution, which guarantees the right to seeking justice through the
legal system for everyone, and not only Kuwaiti citizens. (13) It may have
been a step towards preventing those whose nationalities were stripped
from seeking legal recourse in their cases. A mother who was stripped
from her nationality could not visit her three minor Kuwaiti children,
because she cannot enforce the court’s decision of her right to visitation
without a proof of nationality. (14) In addition, a legal implication could arise
for children of naturalised wives, who are serving in positions requiring
that both parents be Kuwaiti, such as the security-related professions.
With the stripping of nationality from their mothers, they may have to
leave their jobs, with serious implications on national security.
(11) https://x.com/Almajlliss/status/1867142198090781124
(12) https://x.com/AbdulazizD98665/status/1884223978333683826
(13) https://www.aljarida.com/article/85060
(14) https://x.com/abdullahalali87/status/1870737834128331175
15
Kuwait: Amendments to Kuwaiti Nationality Law
pose serious threats to human rights