E/CN.4/1997/71/Add.2
page 12
and had settled in Kuwait found themselves undocumented and with no specific
nationality. In addition to these historical Bidun, some foreigners entered
Kuwait, and then hid or destroyed their papers in order to claim to be Kuwaiti
and benefit from the country's prosperity and, in particular, its social
benefits.
46.
The question was, and remains, how to find an administrative solution to
the problem of the Bidun. To that end, a distinction was made between two
categories of persons: (a) those considered entitled to Kuwaiti nationality
because one or more of their relatives are nationals of that country;
(b) those who have not been proved to have any foreign nationality and who
will be granted a residence permit once they are issued a passport from their
own, or some other, country.
47.
In 1960, 1970 and 1980, the Government placed all such individuals on an
equal footing with Kuwaiti citizens. From an administrative point of view, a
distinction was made between original Kuwaitis and Kuwaitis with “temporary
passports”, who were listed in censuses as “local residents”. Original
Kuwaitis and local residents enjoyed the same social, education and medical
benefits free of charge and were permitted to join the army and the police.
B.
Exclusion and marginalization
48.
This situation continued until 1986, when the holders of temporary
passports were pressured to prove their nationality. Consequently, the
temporary passport was eliminated and local residents were no longer permitted
to travel. In 1961, independence was proclaimed, putting an end to the
British protectorate established in 1899. In 1963, a new Nationality Act was
adopted, basing nationality on jus sanguinis but considering that only those
whose names appeared in the 1965 census were Kuwaiti. Anyone who claimed to
have been in Kuwait at that time was required to supply proof of the fact, so
that some members of families were recognized as Kuwaiti while others were
not.
49.
The Act of 1959 has not been correctly applied. One committee accepts a
person as Kuwaiti while another says that his brother is not Kuwaiti. Until
1985, they were all considered Kuwaiti. Before that date, a child born of a
Kuwaiti mother and a Bidun was considered Kuwaiti. This provision has been
repealed, and such children have become stateless. There are cases where, in
a single family, children under the age of 18 become Kuwaiti while those over
that age remain Bidun.
C.
Nationalization and the search for foreign nationalities
50.
The Bidun make up a third of the army, where they occupy important and
sensitive positions. Most of them have been naturalized; after the
liberation, some were transferred to less sensitive posts at the same pay. A
naturalization policy was established for them, and their situation is better
than that of civilian Bidun.