Suzan El Tahhan
Bidoons: A Statelessness Plight in Kuwait
مجلة الدراسات القانونية واالقتصادية
person's presence in the State and assessed in terms of the degree of attachment to
the host country”.62
Therefore, given that the International Law Commission has concluded that the
definition in Article 1(1) is part of customary international law; we can conclude that
Bidoons in Kuwait still have the right to enjoy stateless person protection even
though Kuwait is not a State party to the 1954 Convention, and regardless the fact
that it doesn't recognize their statelessness status.
However, in paragraph 12 of the Guidelines, UNHCR assures that establishing
whether a person is stateless or not can be complex and challenging. Still, it is in the
interests of both States and stateless persons that determination procedures be as
simple, fair, and efficient as possible.
Another critical point to catch on in this regard is that the 1954 Convention
foresees that stateless persons who are "lawfully in" a Contracting State (in French
"se trouvant régulièrement") are entitled to an additional set of rights.63 The
"lawfully in" rights include the freedom of association (Article 15), right to wageearning employment (Article 17), right to engage in self-employment (Article 18),
right to liberal professions (Article 19), right to housing (Article 21), right to public
life (Article 23), right to labor organizations and social security (Article 24), freedom
of movement within a Contracting State (Article 26), right to issuing and renewing
travel documents (Article 28), and right to protection from expulsion (Article 31).
This would take us to question the situation of Bidoons in Kuwait and whether
those who are registered with the Bidoons Committee and issued security cards are
considered eligible for the "lawfully in" set of rights?
62
63
Ibid
Ibid.
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