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. 25

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