While the Constitution prescribes the principles of separation of powers and independence of the judiciary,61 it also provides the emir with control over the executive and legislative branches and affirms that judicial powers are exercised by courts “in the name of the emir”.62 Furthermore, the executive exercises effective control over the judicial system through the power to appoint its members.63 Domestic laws also provide the Ministry of Justice with the authority to supervise the work of the judiciary and influence the promotion and dismissal of judges.64 Moreover, non-national judges – which make up more than half of the judges working in Kuwait– are employed on the basis of short-term, renewable contracts concluded and extended by the Ministry of Justice, leaving them vulnerable to undue influence and arbitrary dismissal.65 Recommendation: • Guarantee the independence of the judiciary, including by amending Decree No.23 of 1990 to ensure that the executive does not exercise effective control over the appointment and dismissal of judges, and ensuring the tenure of foreign judges. 3.5 Statelessness 3.5.1 The situation of the Bidoon A number of recommendations66 were made during Kuwait’s previous UPR aimed at putting an end to the discrimination faced by Kuwait’s stateless population and affording the Bidoon community their right to nationality and all other rights and freedoms associated therewith. Statelessness status is not legally recognised in Kuwaiti law, neither are there any regulations specifically aimed at preventing or reducing statelessness or protecting stateless persons. According to UNHCR statistics, Kuwait was home to a stateless population of 92,000 persons 61 Articles 50,162 and 163. Article 53. 63 Seven out of ten members of the Supreme Judicial Council - the body responsible for supervising the judicial process in the country, and whose members hold the highest ranking positions in domestic courts - are appointed by an emiri decree based on suggestions made by the Ministry of Justice. For more, see: The Law Regulating the Judiciary Decree No. 23 of 1990, available at: http://www.gcclegal.org/BrowseLawOption.aspx?country=1&LawID=1015, (accessed 16 July), article 20. 64 Ibid, articles 31, 32 and 35 65 A. Alhajri, Separation of Powers in the Kuwaiti Criminal Justice System: A Case Study, European Journal of Interdisciplinary Studies, Volume 4 Issue 2, May-August 2018, pg. 73. 66 Noted: 157.120. (France); 157.243. (Belgium); (United States of America); 157.246. (Slovakia); 157.247. (Czech Republic); 157.249. (United Kingdom of Great Britain and Northern Ireland); 157.250. (Argentina); 157.254. (Switzerland); 157.236. (Mexico); 157.240. (Ukraine); 157.242. (Norway); 157.244. (Italy); 157.248. (Spain); 157.241. (Netherlands); 157.253. (Republic of Korea); 157.251. (Austria). 62 15 UPR KUWAIT