DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
issues such as: absconding household service work, those who may have unpaid loans, or those
with outstanding warrants of arrest. DSWD staff interviewed said that there were 20 such cases
with denied amnesty this year due to standing travel bans.
According to interviews with Social Welfare Attachés, at the same time, there are cases where
deportations from Kuwait take place with the parent(s) refraining from declaring that they have
children resulting in the children being left behind. Sometimes the child is left in the care of another
person who may have no contact with the parent(s) and locating the parents can be a real
challenge.138 Generally, there is a negative incentive for undocumented pregnant women to
come forward in Kuwait. There is an existing protocol that once a mother gives birth at the
hospital, the hospital must report the birth of an undocumented child to the police. The
parent may then be brought to a deportation center after giving birth. It was reported by the
Social Welfare Attaché that there are also rumors that the child will be taken from them by
the government if they come forward, but that this is not true, and the Embassy can assist
with their situation, including assisting with airfare for the return to the Philippines if they do
not have it. The Embassy maintains a positive working relationship with the Criminal
Investigation Department (CID) of the Ministry of Interior, which provides travel clearance in
such cases. When the Embassy approaches the CID, the Embassy reports that all of the
penalties can be waived: for example, if the child does not have an iqama for a year, they are
normally supposed to pay PHP 100,000, but these fees are waived for repatriation to the
Philippines.
The Philippines’ ROB is recognized in Kuwait. Even in cases where a parent may have
approached the Amnesty Center without documentation for their children, the Embassy
reported being able to provide a ROB. However, it was also reported that there may be
complications for the Embassy in instances where the details of the biological mother are
not available. It was noted that there are four children in such circumstances.139 The Social
Welfare Attaché noted that details on the biological mother may be particularly difficult to
ascertain where many years have passed since the birth.
Excerpt from initial consultations with Social Welfare Attachés and the Department of Social Welfare and Development, 17
June 2020.
138
As an example, it was shared by Social Welfare Attachés that two children were deported to the Philippines without a ROB.
The affidavits executed by the custodians were not accepted, citing PSA guidelines, and there was no information on the
parents. Therefore, a ROB could not be completed. At the same time, the adoption process cannot begin without a ROB. The
case remains pending at the time of publication of this report.
139
UNHCR / April 2021
45