Suzan El Tahhan
Bidoons: A Statelessness Plight in Kuwait
مجلة الدراسات القانونية واالقتصادية
individuals who qualify for any complementary protection including protection
against refoulement.65
It is evident that the Bidoons population meet the 1951 convention definition of
a refugee being targeted by the Kuwaiti government after the 2011 Bidoons antigovernment demonstrations for either their "political opinion" or their "imputed
political opinion". According to the narratives of some Bidoons wives during the
interviews at UNHCR Jordan, the Kuwaiti government since 2001 has targeted many
Bidoons for the mere fact that they belong to the Bidoons population without any
distinction between those who have practically taken part in the anti-government
protests and those who did not.
UNHCR's Guidelines clarify that stateless persons can be considered in their
"own country" in the sense of Article 12(4) of the ICCPR. “Such persons include
long-term, habitual residents of a State, which is often their country of birth. Being
in their "own country," they have a right to enter and remain there with significant
implications for their status under national law. Their profound connection with the
State in question, often accompanied by an absence of links with other countries,
imposes a political and moral imperative on the State to facilitate their full
integration into society. The fact that these people are stateless in their "own
country" is often a reflection of discriminatory treatment in the framing and
application of nationality laws”.66
Further, UNHCR Guidelines explicitly mention that the appropriate status for
such individuals in their "own country" is the State's nationality in question.
65
UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 3: The Status of Stateless
Persons at the National Level, 17 July 2012, HCR/GS/12/03, P.3, available at:
http://www.refworld.org/docid/5005520f2.html [accessed 20 December 2015]
66
UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 3: The Status of Stateless
Persons at the National Level, 17 July 2012, HCR/GS/12/03, P.11, available at:
http://www.refworld.org/docid/5005520f2.html [accessed 20 December 2015]
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