Kuwait: Update to KWT19839.E of 31 March 1995 on whether the authorities continue to arrest and detain bidoon suspected of supporting Iraq during the Iraqi invasion, and on the general situation of bidoon

No reports that the authorities continue to arrest and detain bidoon (bidun, "stateless Arabs") suspected of supporting Iraq during the Iraqi invasion could be found among the sources consulted by the Research Directorate.

The following information updates the general situation of bidoon.

Citizenship brings many privileges, included a "constitutionally guaranteed right to a job" (USCR 1998). Children of Kuwaiti citizen mothers are rarely granted citizenship if their fathers are bidoon or foreigners (ibid.). Bidoon can qualify for citizenship if they can prove they were born in Kuwait, were included in the 1965 census, have Kuwaiti paternal relatives, and reside in Kuwait (AFP 30 Aug. 1998; ibid. 20 Sept. 1998).

By the end of 1997 Kuwait had a bidoon population numbering between 114,000 and 120,000 (USCR 1998; MEI 18 Sept. 1998, 14; AFP 20 Sept. 1998; Country Reports 1997 1998, 1507). Although many bidoon families are descendants of Kuwait's nomadic tribes and have lived and worked in Kuwait for generations, they do not hold Kuwaiti citizenship due to the failure of their male ancestors to register for citizenship when it was offered in the 1940s, 1950s, and 1960s (DPA 11 May 1998). The term "bidoon" is also used to describe (1) long-term Arab residents who, Kuwait claims, are originally from neighbouring countries and who discarded their passports upon entering Kuwait with the hope of eventually accessing the benefits extended to its citizens; (2) foreign nomads permitted to work in Kuwait's armed forces in the 1960s and (3) Arab economic migrants in Kuwait since the oil boom (DPA 11 May 1998; MEI 18 Sept. 1998, 14; AFP 20 Sept. 1998; Country Reports 1997 1998, 1507). Please note that it is not always clear in the sources which category of bidoon is being discussed.

DPA reports that "the majority of Kuwait's bidun are uneducated and belong to lower economic classes. They have little, if any, political support from power groups. Many remain jobless and many say they are often victims of police harassment" (11 May 1998). MEI reports, however, that a few MPs have "championed the Bidun cause" (18 Sept. 1998, 14), and according to Arab Times, in June 1998 certain MPs also "argued that many [bidoon] have served the country for decades and their rights are long overdue" (24 June 1998).

As reported in MEI, Reuters states that "Kuwait regards the Bidun as illegal residents, even though many Bidun families have lived in Kuwait for generations and several thousand serve in the police and armed forces. Most cannot go to state hospitals, receive higher education or travel abroad unless they agree not to come back" (18 Sept. 1998, 14). According to Country Reports 1997, however, the bidoon are being slowly replaced in the armed forces, the authorities do not "routinely issue" travel documents to them, and if they do travel abroad, they run the risk of being prevented from re-entering, unless they have obtained prior permission from the immigration authorities (1998, 1510).

According to USCR, UNHCR does not refer bidoon for resettlement and "sees a lack of durable solutions on their behalf," but has nevertheless attempted to extend its protection mandate over them (USCR 1998).

The following is a brief chronology of events that affected the bidoon.

In 1995 the government created a special committee to classify and register all bidoon (DPA 11 May 1998). A parliamentary committee was also established to look at awarding citizenship to bidoon who have "offered outstanding service to Kuwait" (ibid.). According to a member of this parliamentary committee, only approximately 10 per cent of the bidoon would qualify for citizenship because of their Kuwaiti ancestry (ibid.).

In August 1996 the government appealed to all bidoon to register with the Ministry of the Interior and issued them with identity cards valid up to a year (Country Reports 1997 1998, 1510). In September 1997 the government announced that such cards would be renewed but did not stipulate the renewal period (ibid.).

Although the National Assembly had considered a proposal in May 1997 to naturalize approximately 10,000 bidoon, by the end of 1997, only 500 of them, many of them children of Kuwaiti citizen mothers, had been naturalized (USCR 1998; Country Reports 1997 1998, 1503, 1507 ). Country Reports 1997 states that the proposal was not enacted (ibid., 1510).

In August 1997 the government permitted 800 bidoon sons of Kuwaiti citizen mothers to enlist in the armed forces, despite a 1993 government decree forbidding bidoon males from enlisting (Country Reports 1997 1998, 1510).

In its early July 1998 report, the parliamentary legal and legislative committee stated it had "agreed on a law giving bidoons who have been refused Kuwaiti citizenship a year to prove their legal status" (AFP 30 Aug. 1998). Those bidoon who were able to obtain legal status would be issued a 10-year residence permit (ibid.).

In early September 1998 Kuwait approved a plan to resolve the status of bidoon and stated that many bidoon who claim to have Kuwaiti ancestry would have to undergo DNA testing in order to obtain Kuwaiti citizenship (AFP 20 Sept. 1998; MEI 18 Sept. 1998, 14). According to a government statement, only those bidoon who could prove they were registered in Kuwait before or during the 1965 census would be considered for citizenship (ibid.).

In late December 1998, Kuwait's national assembly passed a health bill to impose charges on expatriates who presently receive free state medical services (AFP 29 Dec. 1998). An amendment to this bill that would have exempted the bidoon did not pass  (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France Presse (AFP). 29 December 1998. "Kuwait's Parliament Passes Expatriate Health Insurance Scheme." (NEXIS)

_____. 20 September 1998. "Kuwait Carries out DNA Tests for Citizenship." (NEXIS)

_____. 30 August 1998. "Afghans Abandon Nationality in Search of Kuwaiti Citizenship." (NEXIS)

Arab Times. 24 June 1998. "Exempt Bidoons From Health Scheme: MPs." (AFP 24 June 1998/NEXIS)

Arabia On Line. 30 August 1998. "Afghans Give Up nationality." [Internet] [Accesssed 14 Jan. 1999].

Country Reports on Human Rights Practices for 1997. 1998. United States Department of State. Washington, DC: United States Printing Office.

Deutsche Presse-Agentur (DPA). 11 May 1998. "Committee on Stateless Sees Few Eligible for Kuwait Citizenship." (NEXIS)

Middle East International (MEI). 18 September 1998. Peter Feuilherade. "DNA Testing for Kuwait's Bidun?"

USCR. 1998. Country Report: Kuwait. [Internet] [Accessed 14 Jan. 1999]

Additional Sources Consulted

Arab Studies Quarterly [Normal, Ill.]. Spring 1997-Summer 1998.

Arabies [Paris]. Monthly. April 1998-December 1998.

L'Express International [Paris]. Weekly. September-December 1998.

Human Rights Watch World Report 1999. 1998.

Keesing's Record of World Events [Cambridge]. Monthly. January-November 1998.

The Middle East [London]. Monthly. April 1997-present.

Middle East Report [DC]. Quarterly. July/September 1997-Summer 1998.

Resource Centre. "Kuwait" country file. January 1997-present.

_____. "Kuwait: Amnesty International" country file. January 1997-present.

Electronic sources: Internet, IRB Databases, WNC.