Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution generally provides for freedom of internal movement, but numerous laws constrain foreign travel.
The government generally cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, or other individuals of concern.
Because there is no path to citizenship, all workers are considered foreign residents and not labelled as migrants.
Foreign Travel: Bidoon and foreign workers faced problems with, or restrictions on, foreign travel. The government restricted the ability of some Bidoon to travel abroad by not issuing travel documents, although it permitted some Bidoon to travel overseas for medical treatment and education, and to visit Saudi Arabia for the annual Hajj (Islamic pilgrimage). The Ministry of Interior has not issued “Article 17” passports (temporary travel documents that do not confer nationality) to Bidoon except on humanitarian grounds since 2014.
The law also permits travel bans on citizens and nonnationals accused or suspected of violating the law, including nonpayment of debts, and it allows other citizens to petition authorities to impose one. This provision resulted in delays and difficulties for citizens and foreigners leaving the country.
Citizenship: By law the government is prohibited from revoking the citizenship of an individual who was born a citizen unless that individual has obtained a second nationality, which is against the law. Additionally, the law permits the government to revoke the citizenship of naturalized citizens for cause, including a felony conviction and, subsequently, deport them. The government has justified the revocation of citizenship by citing a 1959 nationality law that permits withdrawal of citizenship from naturalized Kuwaitis who acquired citizenship dishonestly or threatened to “undermine the economic or social structure of the country.” Additionally, if a person loses citizenship, all family members whose status derives from that person also lose their citizenship and all associated rights. Children born of citizen mothers and noncitizen fathers are not granted citizenship. Children born of noncitizen mothers and Kuwaiti fathers are granted citizenship.
In May the Court of Cassation affirmed that it is not permissible to withdraw citizenship from any citizen without a legitimate reason, stressing that a final court ruling must justify the withdrawal of the citizenship of any citizen. There were, however, cases in which natural born citizens had their citizenship revoked, even when courts found it illegal.
Persons who had their citizenship revoked, and any family members dependent on that individual for their citizenship status, became stateless individuals. Authorities can seize the passports and civil identification cards of persons who lose their citizenship and enter a “block” on their names in government databases. This “block” prevented former citizens from traveling or accessing free health care and other government services reserved for citizens. A Council of Ministers committee created in 2017 to review citizenship revocations since 1991, received 200 appeals and sent their recommendations for 70 of those to the Council of Ministers. Seven families had their citizenship restored, while the other 63 were rejected. There were no known revocations of citizenship during the year.
The law prohibits the granting of citizenship to non-Muslims, but it allows non-Muslim male citizens to transmit citizenship to their descendants. According to the law, children derive citizenship solely from the father; children born to citizen mothers and nonnational fathers do not inherit citizenship. Female citizens may sponsor their nonnational children (regardless of age) and husbands for residency permits, and they may petition for naturalization for their children if the mother becomes divorced or widowed from a noncitizen husband.
The government may deny a citizenship application by a Bidoon resident based on security or criminal violations committed by the individual’s family members. Additionally, if a person loses citizenship, all family members whose status was derived from that person also lose their citizenship and all associated rights.
PROTECTION OF REFUGEES
Access to Asylum: The law does not provide for granting asylum or refugee status. There is no system for providing protection to refugees, and the government did not grant refugee status or asylum during the year. UNHCR recognized approximately 1,650 registered asylum seekers and refugees in the country.
During the year the country suspended an agreement allowing refugees to be resettled in Turkey, Jordan, and Sudan, among others. The decision followed protests, notably in Sudan, over this policy.
Freedom of Movement: During the year UNHCR reported that hundreds of Syrian refugees remained at the deportation center since, according to UNHCR, they could not be sent back to Syria without the refugees’ approval. Holding refugees at the deportation center for long periods has exacerbated an already difficult situation at the overcrowded facility.
Employment: Most asylum seekers and refugees were from Iraq, Somalia, and Syria, and many were either employed or supported by human rights groups pending resolution of their UNHCR asylum requests and resettlement. Many reported being increasingly fearful of losing their job, residency status, or both.
Access to Basic Services: Due to populist antiexpatriate sentiments in the country, the government enacted policies making healthcare and education more expensive for foreign workers than for citizens. Human rights organizations reported the immediate effect of this policy was that many foreign workers and their families receiving medical treatment chose to be discharged from hospitals rather than receive treatment they could no longer afford. Compounded by stagnant wages, an increasing cost of living, and a lack of job security, more persons–even legally employed workers, especially from conflict zones–began seeking asylum and resettlement in Europe, America, and Australia.
According to the latest government figures, there were approximately 88,000 Bidoon in the country, while in Human Rights Watch estimated the Bidoon population at more than 100,000 in 2018. The law does not provide noncitizens, including Bidoon, a clear or defined opportunity to gain nationality. The judicial system’s lack of authority to rule on the status of stateless persons further complicated the process for obtaining citizenship, leaving Bidoon with no access to the judiciary to present evidence and plead their case for citizenship.
The naturalization process for Bidoon is not transparent, and decisions appeared arbitrary. The Central Agency for Illegal Residents, tasked with monitoring Bidoon affairs, had more than 88,000 registered Bidoon under review. Although Bidoon are entitled to government benefits including five-year renewable residency, free healthcare and education, and ration cards, community members have alleged it was difficult for them to avail of those services due to bureaucratic red tape.
According to Bidoon advocates and government officials, many Bidoon were unable to provide documentation proving ties to the country sufficient to qualify for citizenship. The government alleged that the vast majority of Bidoon concealed their “true” nationalities and were not actually stateless. Agency officials have extended incentive benefits to Bidoon who disclose an alternate nationality, including priority employment after citizens, and the ability to obtain a driver’s license. As of March approximately 12,700 Bidoon admitted holding other nationalities.
Bidoon leaders alleged that when some members of the Bidoon community attempted to obtain government services from the central agency, officials would routinely deceive them by promising to provide the necessary paperwork if Bidoon agreed to sign a blank piece of paper. Later, Bidoon reported, the agency would write a letter on the signed paper purportedly “confessing” the Bidoon’s “true” nationality such as Saudi, Iraqi, Syrian, Iranian, or Jordanian, which rendered them ineligible for recognition or benefits as Bidoon.
According to UNHCR some Bidoon underwent DNA testing to “prove” their Kuwaiti nationality by virtue of blood relation to a Kuwaiti citizen. Bidoon are required to submit DNA samples confirming paternity to become naturalized, a practice critics said leaves them vulnerable to denial of citizenship based on DNA testing.
The government discriminated against Bidoon in some areas. Some Bidoon and international NGOs reported that the government did not uniformly grant some government services and subsidies to Bidoon, including education, employment, medical care, and the issuance of civil documents, such as birth, marriage, and death certificates. Since the government treats them as illegal immigrants, Bidoon do not have property rights.
Bidoon advocates reported that many Bidoon families were unable to obtain birth certificates for their children due to extensive administrative requirements, which restricted the children’s ability to obtain government-issued identification cards, access adequate medical care, attend school, and be counted in official statistics.
Many adult Bidoon lacked identification cards due to the many administrative hurdles they face, preventing them from engaging in lawful employment or obtaining travel documents. This restriction resulted in some Bidoon children not receiving an education and working as street vendors to help support their families. Many Bidoon children who attended school enrolled in substandard private institutions as citizens were given priority to attend public school.
The government amended the existing law on military service to allow the sons of soldiers who served in the military for 30 years and the sons of soldiers killed or missing in action to be eligible to join the military. According to the head of the Interior and Defense Parliamentary Committee, more than 25,000 Bidoons are awaiting enlistment.