Suzan El Tahhan
Bidoons: A Statelessness Plight in Kuwait
مجلة الدراسات القانونية واالقتصادية
paternity could not be proven, the father's nationality was anonymous, or he was
stateless when amended in 1980, the mention of unknown nationality and
statelessness was omitted”. 56
Nationality is a matter of sovereignty, and by law, courts cannot review
sovereign actions of the state. Accordingly, Bidoons cannot petition the courts to
have their citizenship claims adjudicated.57 In addition, a 1990 law removed the
courts' jurisdiction over all matters of national sovereignty, including citizenship
claims and administrative decisions denying Bidoons temporary travel documents.58
II. LEGAL STATUS OF BIDOONS
II.A. International Protection
II.A.1. Universal Declaration of Human Rights and The Right to Nationality
Article 15 of the Universal Declaration of Human Rights (UDHR), adopted in
1948, asserts "everyone has the right to a nationality," in addition to that "no one
shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality. However, a declaration is non-binding; this principle has been assured
in many conventions and practices that it's considered customary international law
that all states must respect.
Though international law requires states to consider individuals' "genuine plus
effective links" with a country in evaluating citizenship claims, such as: social,
cultural, and economic ties59; reports indicate that in Kuwait, the Ministry of
Interiors declined many nationality claims for Bidoons without providing enough
information about the criteria of their decisions. There are often lengthy and
56
Ibid.
Human Rights Watch, Prisoners of the Past: Kuwaiti Bidoons and the Burden of Statelessness, 13 June 2011, P.7,
available at: http://www.refworld.org/docid/4df7191b2.html [accessed 23 December 2015].
58
Decree Law No. 23 of 1990 on Regulation of the Judiciary Law in Kuwait.
59
Human Rights Watch, Prisoners of the Past: Kuwaiti Bidoons and the Burden of Statelessness, 13 June 2011, P.7,
available at: http://www.refworld.org/docid/4df7191b2.html [accessed 23 December 2015].
57
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