Kuwait’s nationality law is primarily based on the principle of jus sanguinis, according to which nationality is based on a descent system – under Kuwaiti law solely based on the patrilineal line – and with an additional provision based on the principle of jus soli, according to which nationality is based on birth on the territory. The additional jus soli provision grants Kuwaiti nationality to foundlings.28 Several amendments to the Kuwaiti Nationality Act since it came to force in 1959 “have made the regulation of nationality progressively more restrictive – such as by adding a prohibition for non-Muslims to apply for naturalisation and restricting the circumstances in which women can transfer their nationality to their children”.29 The Kuwaiti Nationality Act does not allow Kuwaiti women who marry foreigners to pass on their nationality to their children and spouses on an equal footing with Kuwaiti men and in fact only under rare circumstances.30 3.2.1 Arbitrary deprivation of nationality Revocation of nationality has increasingly been used on politically motivated grounds against human rights defenders and dissidents, without any consideration for the risk of statelessness. This is enabled by article 13 of the Kuwaiti Nationality Act, which provides overly broad and vague grounds for the revocation of nationality, allowing for arbitrary interpretation and abuse.31 In addition, it grants the government arbitrary power to strip individuals and their dependents of their Kuwaiti citizenship on several grounds, many of which may fall within their right to freedom of expression or constitute a legitimate exercise of their human rights. They include acts which “involve the higher interests of the State or its foreign security”, or if the authorities consider that the individual has “promoted principles that will undermine the social Article 3 of the Kuwaiti Nationality Act provides: “Kuwaiti nationality is acquired by any person born in Kuwait whose parents are unknown. A foundling is deemed to have been born in Kuwait unless the contrary is proved”. Available at: https://www.refworld.org/docid/3ae6b4ef1c.html (accessed 16 July 2019). 29 Z. Albarazi, Regional Report on Citizenship: The Middle East and North Africa (MENA), RSCAS/GLOBALCIT-Comp. 2017/3, November 2017, http://cadmus.eui.eu/bitstream/handle/1814/50046/RSCAS_GLOBALCIT_Comp_2017_03.pdf (accessed 11 July 2019), pg.7. 30 Article 2 of the Kuwaiti Nationality Act provides: “Any person born in, or outside, Kuwait whose father is a Kuwaiti national shall be a Kuwaiti national himself.” In addition, article 5 states: “Any person upon his attaining his majority who was born to a Kuwaiti mother and who has maintained his residence in Kuwait until reaching the age of majority and whose foreign father has irrevocably divorced his mother or has died. The Minister of the Interior may afford to such children, being minors, the same treatment as that afforded to Kuwaiti nationals in all respects until they reach the age of majority.” 31 Accordingly, nationality might be revoked “where naturalization has been acquired by virtue of fraud or on the basis of a false declaration; where within 15 years of the grant of naturalization, a person is convicted of any honour related crime or honesty-related crime; where, within 10 years, a person is dismissed from public office on disciplinary grounds for reasons relating to honour or honesty; and where the competent authorities have evidence that a naturalized person has disseminated opinions which may tend seriously to undermine the economic or social structure of the State or that he is a member of a political association of a foreign State”. 28 9 UPR KUWAIT