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Kuwaiti Mothers) Remain Relegated to Result in Fewer Bidoon on Paper

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Kuwaiti Mothers) Remain Relegated to Result in Fewer Bidoon on Paper Several interviewees acknowledged that some civil docu- political problem. Thus, instead of resolving the issue of mentation was now available, including birth, marriage, citizenship for bidoon, they seek to define the problem out and death certificates. Access to basic healthcare was report- of existence. Changing the official term frombidoon to edly covered by charity. But bidoon children (except for the “illegal residents,” or assigning a false nationality, will FIELD REPORT small minority with Kuwaiti mothers) remain relegated to result in fewer bidoon on paper. But it will not reduce the private schools with overcrowded classrooms. And despite number of stateless people in Kuwait who suffer a lack of A POWERFUL VOICE FOR LIFESAVING ACTION October 17, 2011 the promised provision of fees, families must still pay a part civil rights and nationality. of their tuition expenses. Contacts: While bidoon are now supposed to be offered the right to Marc Hanson & Melanie Teff Currently, when bidoon are denied access to a facility they put “non-Kuwaiti” on their civil documents, RI was told on KUWAIT: are eligible to receive, there is no recourse. The Kuwaiti numerous occasions that bidoon were pressured by govern- National Assembly should codify the facilities and provide ment officials to accept a randomly-allocated nationality in GENDER DISCRIMINATION CREATES oversight to ensure that any registered bidoon with their exchange for receiving a child’s birth certificate, a driver’s naturalization file before the Committee receives full bene- license, or other official documents. RI was informed of STATELESSNESS AND ENDANGERS FAMILIES fits. Irrespective of whether or not the National Assembly several incidents where multiple nationalities were Gender discrimination in Kuwait’s nationality laws increases the incidence of stateless- passes legislation codifying the eleven facilities this assigned to a single set of siblings, or where bidoon in the session, the relevant Standing Committees in parliament military had to accept a false nationality in exchange for a ness by rendering children of Kuwaiti women and bidoon men stateless. Statelessness should conduct oversight hearings to ensure responsible one-time retirement benefit. While it is impossible to ascer- exposes women to heightened risks of abuse and exploitation. It also endangers family ministries are providing bidoon with access to the facilities tain with any certainty how many people are coerced into life. Some women are forced to divorce to try to pass nationality to their children, some without discrimination. accepting an assigned nationality (as opposed to those with real claims to an alternative nationality), for the bidoon their are forced into marriages to try to acquire nationality, and others never marry in order to inability to exercise their human rights is the same. avoid statelessness for future generations. “SECURITY BLOCK” In order to access civil documents, bidoon must request The creation of the “Bidoon Committee” to process citizenship claims and reduce the clearance from the Bidoon Committee. Frequently, bidoon THE UNITED NATIONS HIGH COMMISSIONER incidence of statelessness and the provision of the eleven “facilities” (social benefits for FOR REFUGEES are denied their applications because their names appear registered stateless persons) are welcome steps. However, to date, no citizenship cases on the “security block” list. The government maintains that As the UN agency with the mandate to prevent and reduce the “security block” is reserved for bidoon who collaborated statelessness, as well as to provide protection to vulnerable have been adjudicated and the eleven facilities have been poorly implemented. with Iraq during the 1990-91 invasion and occupation. But populations, UNHCR has an obligation to gather informa- ADVANCES ON PAPER FOR BIDOON, BUT LITTLE RI was told on numerous occasions that bidoon may face a tion on the scope of statelessness and document its causes PROGRESS IN PRACTICE POLICY RECOMMENDATIONS “security block” for any reason – from civic activism to and consequences. Consistent with this mandate, UNHCR minor crimes, or even because of a personal conflict with a should intervene to help bidoon access the eleven facilities, In language, culture, and social customs, the bidoon are The U.S. Government and the European Union should powerful individual. Bidoon live in constant fear of being and should seek to advise the appropriate ministries, essentially indistinguishable from Kuwaiti citizens. The press the Government of Kuwait: added to the “security block” list. One bidoon who still holds National Assembly, and Bidoon Committee on how to Arabic word, “bidoon,” meaning “without” (short for • to amend its nationality law to ensure no child is a government job told RI he encouraged his son not to implement status-determination procedures transparently “bidoon jinsiya” – “without citizenship”), is used to denote born stateless in Kuwait by permitting women and participate in political organizing because it could lead to a and expeditiously. longtime residents of Kuwait who are stateless. There are men to transmit nationality on an equal basis. “security block” for the entire family, which would jeopar- over 100,000 bidoon in Kuwait. For 25 years after Kuwait • to allow individuals listed on the “security block” dize the family’s employment. Once blacklisted, individu- UNHCR currently plays a very limited role with regard to gained independence in 1961, the bidoon had the same who have been denied naturalization or official als on the “security block” cannot review the reasons for statelessness in Kuwait. Bidoon told RI that UNHCR should privileges as Kuwaiti citizens, including free healthcare, documentation to be informed of the reasons for their listing or challenge them before a judicial body. visit their communities so they can witness their lives and free education from elementary through university studies, struggles. UNHCR must begin work immediately to better and equal access to government scholarships funding the block, and to allow these individuals to contest The Ministry of Interior should inform individuals of the understand the protection concerns of bidoon and build study-abroad programs. their listing before a judicial body. reasons for their “security block” and allow them to trust with the bidoon community so it can properly support UNHCR should conduct outreach to the stateless popu- challenge their listings in court. This will help ensure that this stateless population. However, this began to change in 1985 when the govern- lation, register complaints from stateless people about bidoon are not denied access to the eleven facilities arbitrari- ment systematically firedbidoon from public-sector their treatment, fund a study on the specific protection Marc Hanson and Melanie Teff assessed the needs of stateless ly while they await a final determination of their citizenship employment (except the military and police) and instructed needs of bidoon women, and take up individual cases of people in Kuwait in September 2011. status. private enterprise to follow suit. It also restricted travel stateless people in need of protection. documents for bidoon, refused bidoon driver’s licenses, ex- pelled bidoon students from public schools and universities, The Kuwaiti National Assembly should codify and vigi- FORCED ALLOCATION OF NATIONALITY instructed Kuwaiti social clubs and civic associations to lantly oversee the implementation of the eleven “facili- ties” that have been granted to the bidoon by decree, A prominent Kuwaiti political scientist advised RI that the expel bidoon members, and transferred bidoon from the including access to civil documentation, education, and Bidoon Committee is seeking a bureaucratic exit from a census category “Kuwaiti” to an alien population category in the Annual Statistical Abstract. health. phone: [202] 828–0110 n facsimile: [202] 828–0819 n e-mail: [email protected] n www.refugeesinternational.org n 2001 S Street, NW n Suite 700 n Washington, DC 20009 www.refugeesinternational.org In the aftermath of the 1990-1991 Iraqi invasion and occu- Kuwaiti citizenship, since citizenship determinations in legal rights inevitably puts some bidoon women at risk of which is particularly dangerous in a conservative society pation of Kuwait, bidoon military and police personnel were these cases remain discretionary. exploitation and abuse. RI heard accounts of Kuwaiti men like Kuwait, where women are ostracized – or worse – for fired en masse – even those who had fought in the Kuwaiti who refused to pass citizenship to their bidoon wives in shaming their families. resistance. Only a small fraction of them were later rehired. Amending Kuwaiti nationality law so that both women and order to prevent them from filing domestic abuse In 1993, bidoon were made to pay for healthcare and were men may confer nationality on an equal basis is necessary complaints. Conversely, RI met a number of bidoon women denied birth, death, marriage, and divorce certificates. to ensure that no child is born stateless in Kuwait. who elected to never marry: they refused to make them- BIDOON CHILDREN LEFT WITHOUT A FUTURE Many were forced into the informal economy. Now, bidoon Children of Kuwaiti mothers and bidoon fathers enjoy the selves more vulnerable to exploitation and did not want to The primary safeguard of a child’s rights is a birth certifi- must routinely pay bribes, drive without official licenses, right to attend public
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