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The problem of stateless persons in Kuwait, one of the most prominent problems that weigh on all the considerations of social, political, economic, humanitarian, does not seem so far that there is a practical and realistic solution to deal with all the considerations, and dealt with it logically and humanely. In spite of that agreement is almost unanimous, that the deepening of this problem is caused by the actions and policies of successive Government since the founding of the modern State of Kuwait and its independence in 1961, it did not prevent stakeholders from sharp criticism of the government slowdown in the solving the problem. Thus, the atmosphere of political openness in Kuwait, provided a good opportunity to talk about the problem clearly , openly , transparently, and call things by their proper names without hesitation, press is mention of stateless and humanity suffering, as well as the statements parliamentary always calling on the government to solve this humanitarian problem, has contributed to the pressure in the Promulgation of Law 2000, which identified the naturalization of 2000 stateless people annually, has already been started but that the number of naturalization prescribed by law has not been completed as required, although the preparation of lists for this command is set up permanently. On the other hand, the Committee for the defence of Human Rights in the National Assembly to follow up many cases of stateless, and solve a lot of their problems, as the Kuwaiti Association for Human Rights, Non-governmental organization by continuous pressure on the government to find a way out of the dilemma, I have made a lot of NGO's proposals to resolve the Problem, most notably memoranda filed by the Human Rights Association, and the Kuwaiti Society for Defending Victims of war in 92, calling for the government and the Council to apply international conventions in this regard, and it seems that the government is determined to handle the gradual and slow with the problem, which will worsen the humanitarian situation stateless, and therefore has been Proposal that the government grant is subject to the conditions of the establishment of long-term, and allow him to live a decent

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Page 1:  · Web viewThe problem of stateless persons in Kuwait, one of the most prominent problems that weigh on all the considerations of social, political, economic, humanitarian, does

The problem of stateless persons in Kuwait, one of the most prominent problems that weigh on all the considerations of social, political, economic, humanitarian, does not seem so far that there is a practical and realistic solution  to deal with all the considerations, and dealt with it  logically and humanely.

In spite of that agreement is almost unanimous, that the deepening of this problem is caused by the actions and policies of successive Government since the founding of the modern State of Kuwait and its independence in 1961, it did not prevent stakeholders from sharp criticism of the government slowdown in the solving the problem.

Thus, the atmosphere of political openness in Kuwait, provided a good opportunity to talk about the problem clearly , openly , transparently, and call things by their proper names without hesitation, press is mention of stateless and humanity suffering, as well as the statements parliamentary always calling on the government to solve this humanitarian problem, has contributed to the pressure in the Promulgation of Law 2000, which identified the naturalization of 2000 stateless people annually, has already been started but that the number of naturalization prescribed by law has not been completed as required, although the preparation of lists for this command is set up permanently.

On the other hand, the Committee for the defence of Human Rights in the National Assembly to follow up many cases of stateless, and solve a lot of their problems, as the Kuwaiti Association for Human Rights, Non-governmental organization by continuous pressure on the government to find a way out of the dilemma, I have made a lot of NGO's proposals to resolve the Problem, most notably memoranda filed by the Human Rights Association, and the Kuwaiti Society for Defending Victims of war in 92, calling for the government and the Council to apply international conventions in this regard, and it seems that the government is determined to handle the gradual and slow with the problem, which will worsen the humanitarian situation stateless, and therefore has been Proposal that the government grant is subject to the conditions of the establishment of long-term, and allow him to live a decent life, which can work, treatment, movement, travel and other, and then reviewed and placed after the expiration of the term of residence, and take the appropriate decision thereon.

Stateless in Kuwait

The problem of stateless in Kuwait, a different, largely for similar standards in other countries in the world, such as the Baltic republics, or the Kingdom of Bhutan or Nepal, it has been put stateless in Kuwait until shortly before 1985 and the situation model, where it is treated in many cases, citizens and is a preference Residents of other nationalities.

Indeed, progress in this area arrived in the early seventies to the point of granting citizenship to any student of the stateless, complete secondary education have benefited from a number of stateless who contribute to an effective contribution in the Kuwaiti society as citizens now, but that the procedure was stopped shortly after.

This has led a distinguished status for Bedoons, certainly Hide a not insignificant number of other nationalities campaign to neighbouring countries to their nationalities, and register

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themselves as Bedoon, and has been there for a long time, the foundations of many legal situations as "Bedoon", especially since the majority of those who had engaged in the military, did not appear during this period that the government was alarmed by this situation, but all the formalities were moving towards easing the stateless, and to treat them excellent in all areas.

Have passed the problem of stateless in Kuwait several stages, which can be divided into the following stages:

First - the stage of the issuance of the Nationality Law in 1959 and until 1985, a stage that did not feel it in any violation of their rights with the exception of access to citizenship.

Secondly - since 1985 and until the Iraqi invasion of 1990 and is the starting stage of militancy

III - The third stage is the liberation of Kuwait since 1991 and until now, a stage where militancy and increased suffering for the stateless, the end of the issuance of Law No. 22 of 2000 issued on 3.6.2001, which was published in the official gazette "Kuwait Today" on 06/11/2000 Where the National Assembly approved a law requiring the naturalization of two thousand people for that year by 40 deputies and deputies rejected five, with five others from voting.

Was based on this report in addition to other sources, mainly on a study issued by the Council of the Nation 1996

Nationality Law in Kuwait:

Governing citizenship and naturalization in Kuwait Nationality Act No. 15 of 1959, the private Kuwaiti nationality, and although it had been issued Law No. 2 of 1948, the organization of Kuwaiti nationality at the time it was not put into actual application until the issuance of Law No. 1959/15, had been introduced a lot of Amendments to the Act, as will be detailed later.

Article I of the Law 1959/15 governing the concept of Kuwait (mainly), which states that "Kuwaitis are mainly settled in Kuwait before 1920, and retained their normal residence to the day of publication of this Law " ,also organizes the second article the concept of nationality Bloodstream, where it states that "a Kuwaiti is any person who born for Kuwaiti father in Kuwait or abroad"  This applies to the Kuwaiti or naturalization, as we shall see later, I had a legal debate as to whether the baby father Kuwait naturalized is regarded as another naturalized citizen, but that debate May finally resolved in favour of considering that generates the father of Kuwait, whether naturalized or mainly it is considered a Kuwaiti mainly.

Articles third, fourth, fifth, sixth, seventh and eighth governing naturalization cases:

Article 3, regulates the cases of unknown parentage and the foundling, which states that "acquire Kuwaiti nationality both born in Kuwait to unknown parents, and is a bastard born

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there, unless the contrary is proved, and the person who was born in Kuwait or abroad to a Kuwaiti mother and an unknown father Or did not prove paternity law, and may be the treatment of minors in this case treatment of the Kuwaiti until they reach adulthood, "It is worth mentioning that the text above, is a revised Law No. 40 of 1987, It is worth mentioning is that Kuwait and through the Ministry of Social Affairs and Labour Provide special care for foundlings and unknown parents, where they are providing housing and educational and health care by the state, and give them names and to maintain the confidentiality of their lives until they reach adulthood and engage in the community.

The naturalization, is governed by Articles 4 and 5, has been amended several times, first under Royal Decree No. 2 of 1960, and the second under the Law No. 70 of 1966, and the third under the Legislative Decree No. 100 of 1980 and the fourth under Law No. 1 of 1982, which provided May be granted Kuwaiti nationality for each person who has attained the age of majority to the availability of the following conditions: legal residency in Kuwait for 15 consecutive years for the Arabs, and 20 consecutive years who is not, and have a legitimate reason for a living, and Must be good, is not convicted of a crime involving moral turpitude and the Secretariat, and to know the Arabic language, and be insufficient, or that the services needed by the country, should be a Muslim by birth place, or that have been converted to Islam according to the methods and procedures Practice  and have since gone at least five years before being granted the Kuwaiti nationality, and is worth mentioning that this was the main add-on in the last amendment.

Article 5 special in  naturalization also have taken place by several amendments, the First Amendment under Royal Decree No. 2 of 1962, and the second under the Law No. 70 of 1966, and the third under the law No. 41 of 1972, which was an amendment to an important and radical is indicated by a long-term vision, where Link between citizenship and academic achievement, opening the field text to be granted citizenship to people who completed high school in Kuwait, have benefited from this amendment are quite a few of Bedoons who are Kuwaitis now contribute to the development community so ably, though that trend has been encouraged And support for the problem of stateless much less than it is now, and would have been solved in a logical and progressive, and indicates that the nature of the shifts in government's drive towards the issue of stateless, it is lenient in the granting of citizenship to Bedoons just getting a high school diploma, to militancy, the situation now.

Unfortunately it was another amendment, in the period to dissolve the parliament (1976-1981) under the Legislative Decree No. 100 of 1980, where he was the abolition of this article, and then was another amendment of Article No. 5 under the Act No. 1 of 1982 and is the current text in force now since this article allows the granting of nationality exception to the provisions of the preceding article with the necessity of the conditions set forth in items 2, 3 and 5 of the previous article on the following: It has the country's great services, and born of a Kuwaiti mother, the governor to stay there until the age of majority , If the alien has his father divorced his mother died or divorced her irrevocably, and the Arab belonging to an Arab country if he had lived in Kuwait before 1945 and maintained a residence until the issuance of the decree granting citizenship (before the year 1930 for the non-Arab)

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It is worth mentioning that the amendment for determining 1945 and 1930 had been mentioned in the Decree No. 2 of 1960, and does not seem meaningful and realistic to be mentioned in the amendment in 1982

Regulated by Article 6 the rights of election or appointment of bodies representative, a key point that is different from the Kuwaiti mainly from Kuwaiti naturalization, as defined in Article period of ineligibility for naturalized exercise their electoral rights, and noted that the amendments mentioned tended always to prolong that period, it is a period of 10 years in law Original 1959/15 became 20 years under an amendment Law 70 of 1966 and then became 30 years under an amendment of Law No. 1986/130 and the current adjustment, pursuant to Law No. 1987/40, there has been a legal debate which was being considered as sons of naturalized born after their parents get citizenship That they are naturalized, a clear legal error, which was finally amended without the need to modify the law which led to the participation of that category in the last election and therefore their access to political rights.

Regulated by Article 7 subject of wife and the children of naturalized citizens and the present text was amended by Law No. 1980/100 provides that "no result to earn foreign Kuwaiti nationality to become his wife Kuwaiti unless stated desire to do so within one year of earning her husband of the Kuwaiti nationality and is considered his children Kuwaiti palace and they decide to choose their nationality of origin during the year following the age of majority”

Article 8  is the last article of the Organization for the cases of naturalization dealt with the subject of wife Kuwaiti foreign and which was amended several times, moving always towards extending the period to allow foreign spouse which to obtain citizenship, while the law does not require the original one at all, is late under the law 1966/70 To become 5 years and then increased to become 15 years under the law 1987/40, the above-mentioned article was awarded the Minister of Interior the right to exemption from that period which is what usually happens, we have stated that later in the report statistics of the number of cases of naturalization under article VIII, which does not seem to The issue is under little stress, and Article 9 stresses not to lose the foreign wife of the Kuwaiti nationality at the end of the marital unless she regains her original nationality or other nationality earned.

Regulates articles 10, 11(2nd), 12, 13, 14 and 15 subjects: the loss of nationality, waived, the reinstatement of citizenship for Kuwaiti women, withdrawal of nationality, drop, and response which confirms the Article No. 10 by an amendment of Law No. 1980/100 that "Kuwaiti women married to foreigners do not lose Kuwaiti nationality only if entered in the nationality of her husband at their request ".

And address the Article 11(1st) issue of loss of nationality, which occurs as a result of naturalization selected foreign nationality, does not apply to his wife Kuwait only if entered in his or her nationality, and may be re-nationality in such a case if he stayed in Kuwait for a year to establish a legitimate and requested to return to Kuwaiti citizenship and renounced his citizenship Foreign countries and that a decision of the Council of Ministers, Article 11 (2nd) is added and the law 100/1980 and address cases of naturalized under Articles 4, 5, 7 and 8, where had waived naturalized his original nationality if he has another nationality, as well as permit the article 12 as amended by Law 100/1980 of reinstatement of citizenship to

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Kuwaiti women lost under the provisions of the preceding two articles, if it abandons its nationality previous.

And governing the Article 13 cases in which the withdrawal of nationality, and may have been several amendments to this article under law 1965/21 and 1966/70 and 1980/100 and now Law 1987/40 as it indicated that Article 13 may be withdrawn citizenship by decree of those who earn Kuwaiti nationality under Articles 3, 4, 5, 7 and 8 The following cases: If you had been granted citizenship by fraud or on false statement, and if the rule during the 15 years of obtaining citizenship in a crime involving moral turpitude and the Secretariat, or if removed from his job for disciplinary reasons, for reasons related to the honour and the Secretariat during the ten years from the granting of nationality, Or if summoned the interest of the Supreme State or external security, or if there is evidence to the competent authorities for having promoted the principles that would undermine the social order in the country or the adherence to a foreign political and, therefore, Article 13 deals with naturalized Article 14 speaks for the shooting down Nationality and means deprived of Kuwaiti mainly, which remains unchanged and is almost a duplicate copy in the nationality laws in many Arab countries where they are dropped from the citizenship of all they have in the following cases:

1 - If entered the military service of a foreign country and remained there in spite of the command to be issued to him by the Government of Kuwait to leave them.

2 - If work for the benefit of a foreign country and are in a state of war with Kuwait or political relations were severed with it.

3 - If the regular residence abroad and joined the faculty of the purposes of working to undermine the social and economic system of Kuwait, or was convicted of crimes provision states it touches his allegiance to his country.

And the consequent deprivation of citizenship in the cases mentioned above, until Kuwaiti nationality for the owner alone, "

Article 15 asserts it without amendment, as contained in the original passport of nationality in response to any time it is withdrawn or were dropped in accordance with the provisions of the preceding two Articles

According to the latest statistics issued by the General Directorate of Nationality, Passports, as stated in the newspaper public opinion on July 22, 2002 that cases of loss of nationality for the period since February 26, 1991 and until July 21, 2002 amounted to 108 cases and the clouds 4, while cases of projection is one case and Apparently as a state spokesman Sulaiman Abu Ghaith al-Qaeda.

"Bedoons" and the process of changing the terminology

The term "Bedoon" expression of a brief and fashionable among the general public in Kuwait to demonstrate the social group is a specific nationality are divided, in fact, to two first includes those who do not have the nationality of any State, and the second includes those

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belonging to other countries, but they hid all the legal documents that prove that they Are not stateless.

The term( Bedoon jensyah) "without nationality", a term first appeared to describe and name this category term abstract in itself, does not dispute it, even when compared with the legal term or international law, known as "stateless", but the problem was in the handling of official and public alike of the term "Bedoon "and circulated to all state claims that it does not carry the nationality of a particular State, which led over time to form a mental image in general and semi-specific for all members of this class already divided between the owners of the right and claiming it.

The last term was used by the government to describe them is "residing illegally, "a term that carries with it the mix and they are the law of residence, although not subject to them, and believed that the choice of this name because of the basis to exercise a kind of psychological pressure on members of this class in the hope that Shows some of them have documents to prove his allegiance to the State, but will be subject to harsher measures, including deportation, according to legal frameworks and international support to find alternative country.

In general terms would conclude that in the diverse and sometimes conflicting perhaps to say that the class of so-called "Bedoons" or "stateless persons" are precisely those who do not have the nationality of any other country and are present on the territory of Kuwait.

The beginning of the problem and its evolution:

Arose the problem of unidentified nationality at the beginning by factors of migration and gaps in legal residence, nationality, law of residence, which had fallen into disuse in the late fifties was excluding members of tribes from obtaining visas and residence permits and passports to enter Kuwait and residence therein, and the procedures for volunteering in the armed forces Especially in the sixties and seventies open area in front of the growing problem of the category of "unidentified nationality", from among members of the tribes residing lawfully without documents, as issued by the officials repeated statements about immediate naturalization enrolled in their army and police, in addition to the call made in the early eighties to record the Prosecutor Kuwaiti nationality.

With regard to nationality, there are two ways to get them, and called the first method mainly The second way is by naturalization, and gets the citizens mainly or naturalization to all rights except political rights, where do not get them naturalized only after thirty years, has remedied the Council of Ministers error in the application that the children of naturalized citizens, where they were years ago treated as naturalized citizens, but that a decision has been issued four years ago had put things right where the sons of naturalized citizens are treated on the basis that they are citizens mainly, there are several materials in the Law on Nationality of allowing access to citizenship, such as marriage of Kuwait (Female Only) or length of residence, or to provide invaluable services ... Etc.

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Difference between incorporation and naturalization if the delay is political rights for naturalized citizens for a period of time, with the enjoyment of all other rights

The government is also issuing passports in accordance with Article 17 of the Passport Law, which is a document of the passage is awarded for non-Kuwaitis to enable them to travel, usually (but not always) will be valid for a single trip has been more the beneficiaries of these passports are stateless since they do not have passports, other than that did not prevent a lot of campaign Arab nationalities, particularly those working in government jobs and travel on official business of giving them those passports, have been hardened and the Interior Ministry in recent years in the granting of this type of passport, which gives, for several reasons such as participation in an official mission, or treatment, or study or the Hajj and Umrah and other reasons, was confirmed by the Director-General of the General Directorate of Nationality, Passports in an interview with the newspaper public opinion (July 22, 2002) that is permissible to Article 17, issued in two cases, the first patient who needs treatment abroad under a medical report with the facilities, but the situation second is for the student who completed his studies abroad.

So  took the problem to worsen gradually as baptized many of the arrivals to hide the identities of interest to prosecutors belong to the category of stateless persons in order to benefit from the privileges of material, which led to the growth of this category, a quick and random even become a source of security problems and social, economic and legal intervention in the heart of the entity structural community and composition of the demographic, no doubt that the approach the government approach in dealing with the problem of "unidentified nationality" has contributed in one way or another in the development and complexity even become a subject of formal reports of the organizations working in the field of human rights abroad, particularly after the case of exposure Media International Kuwait was subjected to during and after the invasion of Iraq in August 1990

And that the slowdown in the resolution of this problem in Kuwait led to the problems that now face the second and third generation of the children of this category and not the first generation of them who have dropped their number and their proportion has declined with the passage of time

Magnitude of the problem before August 1990:

Resulted in uncertainty and lack of clarity in the deal the government with the issue of stateless to influence even on the side, statistical, where the statistics in the past incorporated Bedoons with the Kuwaitis and there was no checking the identity of the respondents, statistically significant and therefore may not begin the process of sorting the statistical Bedoons only through the questions submitted Of deputies in the National Assembly, where he was in the minister's response to a parliamentary question the Interior in November 9, 1984 that the number of stateless amounts to about 200,000, also said in a statement to the Minister of Planning newspaper Arab Times on April 8, 1989 that the number of stateless up to almost 225 000

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According to statistical data as to the Authority for Civil Information, the number of the category of "unidentified nationality" came about (220) thousand in June 1990, and this problem is characterized by many features of each dimensions that are difficult to be underestimated, and comes in the forefront of the following:

1 - The number of Kuwaiti couples who do not have specific nationality arrived in the (3024) the number of Kuwaitis and Kuwaiti’s women married to the category of "stateless" reached (4036) Kuwaitis.

2 - The majority of the category of "stateless" children who are under the age of ten, representing about "85% of the total number"

3 - The majority of the category of "stateless persons" of the illiterate and those with very limited education, where the percentage of those without education are the average "87%

4 - The family of the category of "stateless" characterized by its large size, where the rate of dependency where "7"individuals, on average, while no more than "4.5" to the Kuwaiti family, and perhaps can appreciate the importance of this matter with the threat economic burdens and fatigue Of public services in the present and future.

5 - The majority of this category is limited to certain nationalities, since the completion of the draft documents of unidentified nationality led to the ascertainment of nationalities (27.470) of any individuals (12.5%) of the total category, the government did not before 1989, had announced that a limited number To the category of stateless, owing more than scientific reference books on Bedoon that the government lacked accurate statistics in this regard.

already done the State some of the steps towards the face of this problem, started with the decision of the Council of Ministers in 1985 to cancel the term "without nationality" in official and unofficial, and as anyone who does not carry Kuwaiti nationality "non-Kuwaiti, " and also its resolution in 1986 to form a committee to study the problem of unidentified nationality, where he developed some immediate practical actions pending to know the legal status of each case and that what motivates the members of this category to highlight their original identity and correct their status according to the laws in force.

In fact, these measures have led to positive results, as initiated about (16.900) an individual to modify their legal status by highlighting the true identities, was also reached to the discovery of nationalities true for more than (15.000) another individual, but the Iraqi invasion of the country prevented the follow up the implementation of the procedural steps established by the Committee regarding the problem as planned.

And confirms Dr. Alenezi that can be divided Bedoons or unidentified nationality into two groups: the first category of "stateless legal" any that do not have any nationality (and will remain so to be granted Kuwaiti citizenship or acquire the nationality of another State) The second is the category of nationality concealed the actual And difficult to prove membership to any other state, with the government to accept the Kuwaiti legal status of this for many years and this category will remain by virtue of stateless and can be called "stateless de facto"

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to prove that it has the nationality of another State, either to grant Kuwaiti nationality or acquires Another nationality and in any case, none of the two previous groups are in the final outcome is that members of the Bedoons, or unidentified nationality in Kuwait are people who have yet to prove the affiliation of any other nationality - and to prove it - they do not enjoy, under the rules of international law-based protection International Any State.

If not, members of the category of stateless legal, those who do not have by law the nationality of any country, not all stateless in Kuwait are members of the Bedoons, Palestinians living who are holding travel documents issued by some Arab countries and living in Kuwait, considered to be Stateless legal because they do not belong to any country or nationality, however, they are not covered by the term of stateless.

And confirms Alenezi that the Government of Kuwait has recognized the existence of such persons and their legal status as not belonging to any other country and tying them up in official records as being from "Bedoons" and "non-Kuwaiti" and finally "unidentified nationality" and arranged them rights and privileges of their own without Aliens (such as exclusion of the Residence Act and give them priority after the citizens appointed to the wired police and military), and therefore it is located on the Kuwaiti government burden of rebutting the presumption that this category stateless is not enough to say "they do not hold Kuwaiti citizenship, they have the nationalities of the other" , this presumption is incomplete because the lack of citizenship status recognized by international law, and even deal with him and tried through a series of international conventions to eliminate or at least reduce the harm.

Seem to question the legality of a stateless with problematic especially where the try Alenezi discuss the legality of their stay through the Alien Residence Law No. 17 of 1959, which provided the first article does not allow the entry of Kuwait to any person or leave without being the holder of a valid passport issued by the competent authorities in his country Or international bodies that recognize Kuwait had such jurisdiction, and an indication by the smile on from one of the consulates entrusted with so abroad , but Those who wish to reside in Kuwait, they must obtain the approval of the Minister of Interior (Article 9), and given the right to stay the interim, including not More than five years, renewable for periods similar to well organized materials from 16 to 22 issues of deportation, and a general rule, to Kuwait, away from foreigners who do not like staying in their territory and that one of the methods of removal by judicial order and called the removal of judicial and administrative deportation.

While it is assumed logically and legally the topics listed above apply to Bedoons, but they were excluded from this application and in accordance with the operative part of Article 25, paragraph d have been excluded "members of the clan who enter Kuwait overland from where they use to come to spend their business as usual", but noted that the above-mentioned article did not explain the intended "to members of the tribes," not intended " usual business", and has justified the explanatory memorandum to the law in question, however, that honoured customs of the Bedouins are calling for this exception but it is not clear if what is meant here is to give members of the tribes really like to stay or to facilitate Only in the case of mobility without the need to obtain the required travel documents but that the clarity of the legal text them excluded from the Residence Law School, and then do not require them

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to obtain a residence permit and as many of the stateless belong to what can be described by tribes of Arab, they therefore fall within that exception whether they are really of such clans or not this has been confirmed through the admission of the Kuwaiti government to that situation and to consider the establishment of Bedoon a legitimate without asking them to obtain a residence permit in accordance with the law of residence above-mentioned, was confirmed by the explicit and Minister of the Interior in 1983 in response to a parliamentary question justified for humanitarian reasons and social, as was confirmed in the reply which had been published in the Kuwaiti newspaper on January 25, 1983, to be stateless are not subject to the procedures of residence on the grounds that the Alien Residence Law No. 17 of 1959 may be exempted in Article 25 thereof communities of people, including members of tribes who enter Kuwait overland from where they use to come to eliminate their jobs, "In response to a parliamentary question last minister stressed that all the conditions of this category and solve their problems first and foremost a political matter assessed by the state, and then they are working hard these days to try to get around the problems of this category, "While it may have been modified on that article under the Decree-Law No.41/1987 has been the abolition of that substance, that the amendment can not affect the existing legal situation, and because the amendment applies with immediate effect , article previous established legal status is not rescinded by the repeal of article that created, and cannot in this case, cancel the legal status created by the application of article referred to above, except in two cases, first that the same article stipulates that it applies retroactively, and this did not happen, and second that added to the law rule explicitly states to abolish the legal status that has arisen under Article 25 (d), and this also did not happen, as well as through follow-up by Alenezi the position of the Kuwaiti judiciary on the question of the establishment and removal of stateless it is clear that criminal justice has confirmed is also a similar position for stateless, in the history of April 28, 1988 abolished the Supreme Court of Appeal ruled in the court of first degree imprisonment and deportation of three people, one of them belongs to the category of stateless for committing forgery in official documents and that they have resided in the country within five years prior to the day March 8, 1988 illegally and without obtaining a residence permit from the competent authority, and the penalty for illegal residence imprisonment for a period of six months in jail and force, The Court of Appeal acquitted the without of the charge of illegal residence on the grounds that the hard of papers that the defendant was born visible Kuwait in 1943 and operates since 1959 and until the date of sentence and does not have evidence that the residence until the year 1987 was illegal, and then it shall be innocent of the charges of illegal residence in the country.

It is taken on the above provision that the judge decided to patent the defendant because of the legality of his stay in Kuwait without setting a standard of legitimacy upon which appears as if the judge had assumed that the birth of the person in the visible Kuwait with no evidence of belonging to another state is sufficient alone to prove that it is Bedoons Which is set up in Kuwait from Muslim legal does not need to detail and it also finds that Alenezi cannot rely too much on the rule of the Court of Appeal mentioned above to determine the cause of the legality of a stateless.

But in case No. 1987/4910 (the cover) was a judge more clearly we have been awarded in his prosecution of the accused in this case that, in the November 6, 1987:

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1 - Kuwait entered illegally from non-designated areas and to enter without a passport or his representative and valid indicator upon entry Visa.

2 - Returned to the country after that far without her and to get special permission from the competent authorities.

And had asked the prosecution and punishment in accordance with Articles 1, 4, 19 and 24 of the Aliens Residence Law No. 17 of 1959 amended by the Act No. 55 of 1982.

The main fact the case that the defendant, a stateless if he was deported administratively to Iraq with his family in June 1987, but returned and his family on foot through the land, were arrested and brought to trial the charges mentioned above, and having seen the court documents submitted Of agent accused of the session , concluded the following: " The accused is without nationality who was born in Kuwait, as well as in the case to his wife and all his children, and what was hard all those documents that the accused is without nationality and this category Check in Kuwait is not considered in The perception that he is not Kuwaiti or foreign, and did not in the papers any evidence that the Iraqi nationality, it carries any nationality other than Kuwait and then his presence in Kuwait and the presence projects like the citizens of many Bedoons nationality was his entry into the country's entry draft Switched on and the projects and also is ascribed to the charge on this basis to non-support of the law and must be eliminated not guilty "

And concludes d. Alenezi that the stateless are not subject to the provisions of the Aliens Residence Law and then may not be deported administratively or judicially, and they are so middle class, and between citizens and foreigners, and this situation is not unique and by Kuwait but there are historical and legal precedents that supported.

Stateless after February 1991

Indeed, the number of unidentified nationality has decreased from what it was before the invasion in 1990, where he left quite a few of them to their countries of origin during the invasion, then returned from them who could.

There is no doubt that the essence of the problem is not based on a quantitative basis as it is based on qualitative as the total number who were registered in the General Authority for Civil Information in 1992, of unidentified nationality (117.604) personnel, have been modified the legal status (22.966) personnel upon presentation of their original identity, as inferred on the original nationality for more than (15.000) everyone else, have not yet amended their legal status and the number of unmarried up to (85.837) individuals of any s except in cases of divorce, widowhood, and perhaps can be estimated burden Security, social and economic implications of these characteristics and dimensions, and the situation can be interpreted by the population structure in the near future at both the quantitative and qualitative, especially if we take into account the high dependency rates, the unidentified nationality, and the low level of education, income and unemployment, along with the increasing incidence of Marriage and intermarriage between them and the citizens of both sexes have been reported,

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Interior Ministry sources in mid-2001 that the number of stateless had decreased to read (87.320).

And confirms the last statement of the Secretary-General of the Executive Committee for Illegal Residents (Bedoons) as of May 7, 2002 that it had been granted citizenship of stateless has reached 3517 people, and the total number of registered users of this class with the Commission is 76 591 people, the details of who were granted citizenship were as follows : 1000 naturalization was head of the family within the first instalment in addition to the naturalization of 1055 people from their minor children and the number of 72 to become the wife of the total were naturalized within the first instalment on the Law of 2000 is 2127 people, including 71 military and 72 Ministry of Defence Ministry of the Interior.

As for the second instalment of the 2001 law it has been the naturalization of 636 heads of families in addition to the naturalization of 693 of their minor children and the number of 71 a girl, bringing the total who have been naturalized within the second instalment in 1390 people, including 80 military, Ministry of Defence 48, Ministry of the Interior, has also been the naturalization of the number of other Military personnel from the Ministries of Interior and Defence by the High Commission of the nationality of the Council of Ministers any outside the framework of the Act.

Government to deal

Caused the successive government actions exacerbate the problem of unidentified nationality, Kuwait, and can be summed up and touch the nature of the government to deal with the problem through the following key historical stages:

1 - when a law 17 for year 1959 private residence of aliens stated explicitly in Article (25) than that among the excluded from being subject to law, "members of the clan who enter Kuwait overland from those where they use to come to spend their business as usual ", which is what can be considered a clear gap in Law allowed coverage of a legal issue since the establishment.

2 - with more features that started (state independence) distributed in the early sixties under the framework of a yield to Kuwaiti nationals, including the category of unidentified nationality, began the migration of many people to Kuwait legally or otherwise wish to enjoy the services of (the welfare state)

3 - phase coexistence mixing category unidentified nationality since independence (early sixties) and overlook the Governments of Kuwait successive exposure to them and hold them accountable to make many of them part of the social fabric of the state, in addition to the official authorities considered them part of the Kuwaiti citizens when dragged within the statistics of the Ministry of Planning of the population.

4 - at the stage of the mid-eighties the government began to change its policy careless existence of this category on the territory of Kuwait and the reason appears to be the most prominent of that change is the position taken by a group of stateless within the Kuwaiti army in favour of Iran as stating one of the sources of security, and possibly returned the reason

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behind the change in policy to Inflation problem and increase their number dramatically and rapidly, and that the issue of naturalization is primarily intended to further the economic burden of government has taken a series of administrative procedures which directly affected the size and quality of material privileges, which was tempting unidentified nationality of the recipients (the Welfare State).

5 - the current phase, which covers the period from 1991 to the present day, which distinguishes the attention of the official organ of the need to resolve the problem by forming a committee to revise the slide College to parts of different situations, where they were to begin registration of the claim that, without nationality, and interview some of them step Steps towards the complete solution and is responsible for dealing with stateless residents of the Central Committee of illegally.

The Committee was established nine years ago to deal with stateless, which is administratively subordinated to the Ministry of the Interior, and collecting and recording and documenting data and documents of the individuals stateless, as the Committee to amend the situation of stateless in case they wish and relieving them of the documents show their original identity or nationalities of the other or even if they have New nationalities through purchase or residence in another country.

Bedoons complain from the way the Commission treated as put pressure on them to show their nationality of origin even if they did not have other nations, and over recent years has become the central committee gradually institution most importantly with regard to Bedoons as they needed to issue passport Article 17, for example, they need the approval of the Central Committee.

6 - The Home Office has set a number of specifications under which it becomes applicable to it are eligible for citizenship and does not apply to him becomes ineligible It is not known to what degree is the commitment to those conditions is time they all must be met or somewhere the naturalization of some people without those conditions They did not grant citizenship to some of the other with the applicability of the conditions upon the required specifications are as follows:

A - insert name of the stateless in the census 1965: conducted the first census of the population in Kuwait in 1957 before independence and the second in 1963 and third in 1965 and every five years thereafter, and therefore there's a wealth differences in Kuwait, unlike many Arab countries have adopted the Ministry of Interior Statistics 1965 On the basis that it represents the starting point for any claim without nationality.

B - an interview with Jean Nationality in the early sixties: When was the Kuwaiti Nationality Act 1959 committees have been formed from figures Kuwait for the granting of citizenship under familiarize them with the person the applicant through a personal interview with the applicant was of such committees shall issue its decision after the interview if it was satisfied that the person Kuwaiti actually, Or is it worth the nationality by naturalization, or if he does not deserve there have been a number of problems at the time, especially from those who the

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Commission decided that they deserve, what was the naturalization of them but they refused to nationality of their conviction justifiably mainly nationality and are therefore "Bedoon"

C - Presence of relatives of first class Kuwaitis: There are quite a few of the stateless who have first-degree relatives hold Kuwaiti citizenship however, did not get citizenship.

D - Permanent residence in Kuwait.

E – Study in schools in Kuwait.

It is clear that these conditions apply at their best on 20% of the existing Bedoons even if the application and implementation of their results directly, it would represent only a partial solution

Applications and realistic for some provisions of the Convention:

Although not to enter the State of Kuwait, a party to the 1954 Convention, however, and until 1985 was not "statelessness" enjoy most as stipulated in the items mentioned except the most importantly right it’s naturalization, but education, health care, employment - especially in the army and police - and the freedom of movement and the right of litigation and housing for the class Certain of them were all advantages allowed them to enjoy until the late 1985 and early 1986 when the government began to take extreme measures against unidentified nationality between 1987 and 1990 because of their inability to provide passports Kuwaiti or non-Kuwaiti prove their legal status was not allowed to unidentified nationality working in the army And the police continue in their jobs and have been issued residence papers, and even those did not survive these procedures after Iraq invaded Kuwait has refused requests for a lot of them to return to work in the military, has pulled out all the advantages previously enjoyed by the category of "unidentified nationality" before 1985 In the last census was in Kuwait (1995) excluded members of unidentified nationality of the self within the Kuwaiti population, although they previously were considered part of the total number of citizens.

Convention 1961:

Came the 1961 Convention concerning the Reduction of Statelessness to present a new concept in dealing with this issue, the Convention first developed to address the situation of stateless persons as a fait accompli, and the spirit of the Convention and calls for is a trend towards the phasing out of this problem based on the principle of naturalization of persons who born in the territory of the rule of law at birth or on the request to the competent authority with a commitment to a stateless procedures and regulations identified by the relevant State, starting from the time required for the application and the conditions of usual residence and the person has always been stateless, and it has not been convicted of a crime affecting national security or sentenced to prison for five years or more for a criminal act

Was considered the Convention foundling found in the territory of a Contracting State was born in this region of the parents are citizens of this State, and barred the State Contracting stripping any person of his nationality if such an abstraction that makes him a stateless person, and if the law of the

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Contracting States to rise to the loss of nationality any change in health status, such as marriage or the dissolution of marriage, or proof of birth or the recognition of the proportions, or adoption, after communication to make this loss conditional on the possession or acquisition of another nationality and deprived of the Convention as well as the Contracting States stripped of any person or any group of persons of their nationality on racial grounds or ethnic, religious or political.

Applications terms of the agreement:

Does not consider the State of Kuwait on this Convention is not only of the contract as it is not a party, but even the practical side resulting from the application of realistic unencumbered join is missing, unlike the situation with the Convention in 1954 and is due to the fact that this Convention that deal directly with the need to solve this problem by naturalization, a move that did not submit by the State of Kuwait, but recently in part, only instead granting privileges material (mentioned above) was reduced with the last 1985

The effects of government actions on Bedoon:

For the effects of naturalization to the categories of stateless are generally catastrophic, where are prohibited from working in government departments with a few exceptions, and are not treated the government although it has been developing a system for health insurance recently cannot be judged on its effectiveness at the present time, as they are not allowed studying in government schools and narrows them to obtain leave to drive as they are being harassed to get a passport , there is also a distinction between categories of stateless on several grounds the most important work in the military (police or army), where workers have in the foreign features many as support education and treatment from the government as well as the ease of getting a passport in addition to government housing, while the second is the basis in the event that the stateless Kuwaiti or where to get more privileges such as medical treatment and direct health education in public schools in addition to higher education.

There is a clear impact of the status of stateless on external migration or to obtain another nationality in return for material and remain in Kuwait after adjusting the situation to the other nationality, In fact, there are no accurate statistics in this regard except that migration often turn to Western countries such as Canada, Australia and others have played the UNHCR role Important in the early nineties but it stopped so long ago and began to members of the Bedoon they make direct contacts with the relevant embassies in Kuwait as well as the spread in the last five years the business of selling passports and nationalities of some States as a republic Dominican Republic, Liberia, Somalia and Eritrea and other places where buy stateless passport that State, then make By the Ministry of Interior in Kuwait and that you modify and put immediately and provide him with an exception to the Residence Act to establish for a period of five years and no doubt that this is risky especially if out-of-the passport and turned out to be false, although the number of cases of forged passports is still a little bit but it will create a problem grows With time .ListenRead phonetically Dictionary - View detailed dictionary

As for those who did not return and they had come out since the invasion, both headed for Iraq or other there is still a large number of them are not allowed to return and it seems that most of turned to Iraq are of Iraqi origin but many of them had shown his original nationality, most of whom live in

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the cities of southern Iraqi particularly Basra, Nasiriyah, Amarah, Kut, and is usually used by Iraqi authorities in the case of political crises but who are still residing in the UAE and Iran, they still suffer from not carrying any identification and the consequent great problems.

As for relations with neighbouring countries on this issue, it is impressive to some extent where the majority of stateless assets from neighbouring countries, particularly Iraq and Iran as well as many of the stateless were able to get the nationalities of some of the neighbouring countries after they are in despair of access to Kuwaiti nationality.

Have been raised in recent times and one of the problems faced by stateless namely non-documentation of marriage contracts for without and the consequent human suffering and violation of legitimacy, where the Member of Parliament Ahmed Shuraiaan direct question to the Minister of Justice Ahmad Baqer on the subject, denied the Minister of Justice is reported that the Department of Legal Authentications the Ministry of Justice to refrain from issuing marriage contracts to unidentified nationality, stressing that there is no OBSTACLES without documentation of marriage contracts for this category if they meet the conditions and legal legitimacy, and those conditions to verify the nationality of the owners of the relationship arising on the Executive Committee for resident non- legal ((Arrai Alaam ) newspaper June 30, 2002) and has met this statement was heckled by many writers in the Kuwaiti press, which he called author Abdulaziz 'Uwayd For example, the Minister of Justice to lift the injustice Bedoons (Arrai Alaam ) newspaper (July 11, 2002), as demanded by the government and issued a decision provides for the ratification of marriage contracts without the need to return to the Executive Committee because this is not a condition of marriage, was that received the Ministry of Justice ((Arrai Alaam ) newspaper July 18, 2002) in response consistent with the Minister's response confirmed the absence of contraindications for documentation and that the procedure for verification of the status of the applicant by the relevant committee but is intended merely to corroborate the statement that will be demonstrated in the marriage contract.

Has continued to(Arrai Alaam ) newspaper follow-up of the subject as they launched a campaign against the Minister of Justice (July 25, 2002), based on a lot of contacts from members of the stateless assert the invalidity of response the minister or the ministry, and had conducted a newspaper many interviews with a number of stateless, writers and academics in which they emphasized the refusing to respond to the ministry and the lack of realism has confirmed a stateless as documented marriage contract out of Kuwait through the offices of law firm on commission, where he explained that when he could not document the marriage contract between the Ministry of Justice turned to one of these offices and then takes his office tow Authorization from husband and the wife's guardian and go by to a Gulf state and the closer the contract there and then extracts the marriage contract from the court in this state and countersigned by the Kuwaiti Embassy, as well as the Ministry of Foreign Affairs of Kuwait in exchange for amounts ranging from 250 to 350 dinars Kuwaiti, or a person without another has reported the newspaper that is required for the pair is statelessness to prove personal to the husband and wife as well as her guardian such as the card security, whether expired or not, driver's license and the majority of stateless currently do not have this evidence, although available to them are often expired, and the procedures Palace of Justice begins as follows: to inquire about the nationality of the husband and wife by the Executive Committee without the often contained the Committee that this person belongs to the nationality of country and this is not true and has built the Commission ruled that just because this person has a relative in this country or kinsman or sister is married to it or something like that and then the person cannot documenting his marriage because it is demanding to get this nationality referred to by the Committee, how to be non-specific nationality and have a nationality at the same time, to solve this problem by some stateless after the marriage is done through the authorized or the imam of a mosque by resorting to the lifting of a court case on himself and says I am married to this woman, comes with witnesses to this and thus takes the rule of

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ratification of the marriage, with the executive formula, which says "should be on the side assigned to deal with implementation to take the initiative to him when asked and every authority to appoint, on the vote even if the use of coercive force when the request to do so in accordance with the law, "and a month after the verdict obtain a certificate not get the appeal to him and go to the office of Legal Authentications Ministry of Justice and therefore gives a marriage contract issued by the Documentation legitimate under the sentence, and here no one can stop him from documenting his marriage or ask him to bring nationality, where the law that prevents marriage contracts documenting unidentified nationality, and by the way may be the wife of a Kuwaiti or other nationality, whereupon the lifting of the case to prove her marriage if she was married to unidentified nationality.

The newspaper met with one of the workers of Zakat committee in Sulibiah, where the largest gathering of Bedoons said, "We serve as the charity cannot contribute in this matter except for financial assistance to ease the burdens of marriage or payment of some debt due to marriage, says that the number of unidentified nationality according to the latest census, about eighty Thousands is it conceivable that those who married during the four months are only 40 as reported by Statistics from the Ministry of Justice, said that this statistic is contrary to reality completely, although it shows that the policies included in the minister's response is not logical, and i will confirm it statistically: The registered Bedoons in Zakat Committee in Sulibiah Only 3764 people, 2099 of whom individuals under 17 years of age represent 56 percent of the total registered with the committee, including 691 individuals between the age of 18 to 21 accounted for 18 percent and those almost of marriageable age and 974 individuals between the ages of 22 to 32, accounted for 25 percent, a quarter of registered, the question is, Is it possible for this age structure of registered in Zakat Committee and in one area to be the number of marriages only 40 in four months as claimed by the Ministry of Justice, or that there are complexities to prevent the marriage.

The author that Abdulaziz'Uwayd affirms in the same context that the minister's response is contrary to Islam and the law, and in terms of length in the side of the legitimate, it stressed that the allegations of the Executive Committee without the prosecutor that without it holds another nationality has been proven to the Executive Committee and there is the nationality of his hidden, and that it proved his membership in another country Violation of the right and a violation of the rules of evidence in civil law, which states that the plaintiff must prove his claim is approved, because the Prophet peace be upon him "burden of proof on those who claimed that" we are asking the Justice Department by the Executive Committee to prove this claim, When comes the reply from the Executive Committee That the applicant belongs to a country, should authentication department in the Ministry of Justice demanding that this document does not claim to rely on paper sent via fax, one does not know true or not, may be diligent to respond personally to employees, not watching God

On the other hand, it seems that closer birth in the Ministry of Health is going through similar measures, and is reported by sources of the Ministry of Health, which will not be issued birth certificates only after passing the Executive Committee of the without to the nationality of the baby as well as the nationality of the father and mother.

Practical suggestions:

After the enactment of the naturalization of stateless (2000) became the focal point to resolve the problem and the law does not in fact represents a practical solution for the majority of stateless, as it as if it is applied it will not grant citizenship to more than 20000 without over ten years, in year 2010, a slow process that will lead to continued suffering for To the rest who are not so lucky and are the majority, so the starting point of the process here is to do a host of measures to alleviate the suffering

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of the stateless and the humane treatment of the full, and then consider the issue of nationality at a later time, namely, that proposals to grant the majority of stateless residence for a specified period pending consideration of The extent of their eligibility for citizenship rather than being deprived of many basic human rights.

Other ways:

There are other means through which the naturalization of stateless most important of marriage for Bedoon’s women with citizen, where, according to statistics that during the period between December 1996 and April 1999, the naturalization of 4027 of the wives of Kuwaiti and based on Article 8 of the Nationality Act has been the share of women Bedoon is 1360 : 628 of Saudi Arabia, 597 from Iraq, 522 from Egypt, 203 from Iran,159 from Jordan,159 from Syria, 69 from Lebanon, 45 from Bahrain and the rest of other nationalities.

Also confirmed a recent statistic from (Arrai Alaam July 22, 2002) that the total who have been naturalized during the period from 1997 to 2001 has reached 3301 people, divided as follows:

68 people under Article V of any first led the country's great services

1181 people under Article Five – Secondly, any Kuwaiti-born for a mother his father had divorced his mother or died.

1626 under Article 5 – Thirdly, Arab belonging to any Arab country they were from the application of law 2000 and 2001 to grant citizenship to stateless

139 children of martyrs

Article VII duplicate any naturalization wife.

Without suffering daily in Kuwait

May become clear to us through the field interviews conducted by the researcher with a number of stateless that the vast majority of them parents work or they were working in the military (police or army), as it turns out that most of them working in the private sector, with minor exceptions due to not allow them to work In the government sector, and has majority agreed that the responsibility for the situation that suffer from it due to the Government as well as stateless themselves, because of disregard and lack of knowledge of the laws and the exploitation of some of the situation, and explains one of those interviewed, however, that the Kuwaiti government were not aware of the magnitude of the problem and not complexity At the outset, leading to tolerance and inaction towards the mobile masses to Kuwait from neighbouring countries, and with the improvement of living conditions in Kuwait because of the oil boom has increased the number of the next two, which greatly aggravated the situation, and increased adherence to them to stay in the hope of obtaining citizenship, especially that Some of them may actually happened on Nationality, which encouraged others to stay but others who were interviewed hold the government full responsibility for the conditions experienced by stateless.

ListenAs a whole respondents to the futility of the card security granted by the Commission, as well as have unanimously agreed that characterize the situation of stateless to a Kuwaiti mother, where has her children with features not available to Bedoons without link to Kuwait, and had the whole

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respondents that the conditions set by the government for citizenship, and in particular the requirement Receipt of the name in the census, the 1965 is impossible conditions and not realistic.

It was clear from interviews that the most important ports for works are private companies and very small ones like selling used cars or sheep or labour market or popular markets for the vegetables and the like of Business.

The main aspects of harassment suffered by them in their daily lives mismatch restrictions on free education and the imposition of fees on health treatment and restraint in the granting of leave to drive and restrictions on employment in the public sector and not documenting decades of marriage and restrictions on travel abroad.

It is also noted that the Cabinet had referred in June 2002 to the National Assembly a bill by adding a new article (3 bis) to the Nationality Law No. 15 of 1959 reads as follows: "Without prejudice to the provisions and regulations prescribed later for granting Kuwaiti nationality, shall not be Consideration of requests for Kuwaiti nationality unless it includes the documents submitted for the benefit of possession of their respective owners passport and valid residence in the country, "* was criticized by MP Saad Tami Chairman of the Committee on Interior and Defence this approach in a statement published in Arrai Alaam as of July 13, 2002 calling To uphold the law's annual naturalization of stateless (2000 people per year) without adding further complications, and had made the remarks the member because of government delays in the naturalization law presented to the annual Council of the Nation.

The Kuwaiti government has created a special register in the Issue of racial discrimination, in the name of Stateless (Bedoon), who invented, became a term universally, it was made in Kuwait, other countries took the title, which means a stateless, but the Kuwaiti government retained title and included him of racial discrimination actually.After the government fired a total of Kuwaiti Bedouin tribes segregation from the rest of the population, and treated the exclusion, then started the application of government policy in the December 29, 1986 these articles:

Top Secret

Begin to withdraw all previous privileges and ends to prevent newspapers from publishing complaints

The mini-ministerial committee approved the policy restricting the "stateless" in the year 86!

Cover image has been stamped secret word is very

* Headed by Sabah Al-Ahmad, and as a member the Interior Minister Nawaf Al-Ahmad

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* The lack of detailed information about the States, activate the role of "civil information" and the Ministry of Interior

* Committee warned of the effect of "stateless" internal security policies, but suggested narrowing them

Recommendations

To narrow the category of stateless in their lives, the prevention, treatment, employment, to stop the previous privileges, marriage contracts,  modify the and address of neighbouring states, for the reception who is belong to them.

Books Editor of Local Affairs:

It is report dated 29/12/1986 and seal on all pages with the word "secret" · and talking about the orientations and general principles to solve the problem of stateless and then make recommendations.

This report was written by a ministerial committee on the following mentioned in the speech delivered by His Highness the Crown Prince and Chairman of the Council of Ministers at the time and was chaired by Deputy Prime Minister, Foreign Minister, other ministers, judges, managers, agents in each of the ministries of interior, planning and characters from "experienced"

And after the decision was made to form a sub-committee task to diagnose the problem and develop solutions to them, which came in item III of the report titled "Study of the problem resided in the country of the category of " stateless, "It is clear from the recommendations that were approved by the Committee, it has been introduced Later to become narrow policy being applied today to members of Bedoons, with the following details:

Military Status

First - the situation of military personnel from the category of "stateless"

Because military personnel, "the army and police," and their relatives who are residents in the country, representing the most important aspect, and the biggest of the problem in terms of both quantity and type, and without derogating from the tool and play some of them from the services, but the current status of these institutions is shrouded in a lot of caveats, Considering that these institutions of a special nature that cannot endure the test, and thus is indispensable for taking people of the country

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dedicated functions work and compared with the current composition of the employees, the process of replacement of this situation and in accordance with the wishes, is difficult to achieve but not impossible, it is enough matter to have a little study of these Slide a special priority and more attention without the rest of the segments of this category, and work to remedy this situation as soon as possible with taking into account all the circumstances and considerations for the tags, so the Sub-Commission entrusted to study the situation in military institutions and propose the general framework of the Platform for Action of alternatives appropriate to work in these institutions rather than workers from the category of "stateless" and that under the plan of a deliberate process is executed according to a precise timetable and gradually take into account all aspects of security, political and technical related .

Organize residency

II - Procedures for the organization in the country for the category of "without nationality":

1 - notice will be given to violators of legal residence and work in the private sector to present their passports and supporting documents required by the concerned governmental authorities to correct their situation during a period not exceeding six months from the date of issuance of this decision, as exempt from any legal sanctions precedent stemming from these irregularities, such as those making the passport Travel and identity documents required to correct his position during the period .

It also prevents after this period does not hold Kuwaiti nationality of work and residence in Kuwait, unless the passport official from the State to which he belongs, and recognized by the competent authorities in Kuwait and showing the proof of the legitimacy of his residence, and is applied on violators of penalties in accordance with the legal residence of foreigners And work in the private sector "after you modify the sanctions contained therein so as to achieve the desired"

2 - where there are numbers of this class will not be able to correct their status, either for lack of capability or lack of desire, and where the current circumstances is impossible that the State to expel all those offenders for many different reasons, eliminating the need to wait to take action on some cases that do not of interest to begin to raise any concerns you have, in line with the principle of breaking up the problem and respond in a gradual and therefore the Committee considers the need to exclude some cases temporarily until the study of all aspects of their situation and then report whatever action is required and recommends the following:

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Minister of Interior may exclude certain categories - temporarily - from the provisions of the Aliens Residence Law are as follows:

A - Military personnel working in the army, police and relatives of the only first-class

B - Non-Kuwaiti who is married to a Kuwaiti, whether alive or has from them

C - Non-Kuwaiti women married to Kuwait if her husband is alive or she has children from him.

D - Some cases who meet the conditions for entitlement to Kuwaiti nationality, under the opinion of the competent authority

Does not necessarily mean the availability of the exclusion clauses in the above-mentioned residence and eligibility to work in the country, an absolute right also does not require the approval of the Minister of the Interior after the appreciation of the circumstances of each case in accordance with the public interest

Work in the private sector and private

III - to review the Labour Law for the Private Sector:

Given the implications prevent the operation of members of the category of "stateless" in government institutions, it is expected that moving these to work in companies and institutions, in particular that the sanctions provided by the law work in the private sector was easy and is a deterrent to offenders, as they do not exceed 3 JD And rise up to 5 dinars to the violating establishment in case of recurrence

Therefore, the Committee recommends the following:

A - Review of the sanctions contained in the Labour Code in the private sector, making them a deterrent effect, and to include employers who breach in addition to the workers, "the annex to the proposed amendment"

B - where legal proceedings may be a requirement for some offenders who are baptized for the commission of offenses in order to save time and procrastination, as required by these procedures to follow for the channels is not without complexity Committee therefore recommends that the longer the list of administrative penalties, which empowers the competent authorities (of the Interior, Social Affairs And employment, trade and industry) to take deterrent measures against companies and

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institutions that are repeated irregularities and are complementary to the usual legal procedures so as to enhance achievement of the target

Facilities

IV - to facilitate the procedures for granting residency and Collaborators:

The Committee considers it essential In return for action restrictions and penalties proposed to take all possible means to the various stakeholders to facilitate the granting of residence and to facilitate the procedures to access it for the highlights of his passport and proof of nationality, and cooperate with these bodies to achieve the legitimacy of the residence, including the exemption from sanctions legal implications for them as a result of violation of legal work and residence, according to the public interest

Border control

V. - control provisions on land and sea borders and requires that:

A - Review of the surveillance system and urgency, using modern techniques is appropriate for this purpose

B - Selection of national components which meet the efficiency and dedication to work in this important facility, and providing financial incentives to encourage Kuwaiti youth to work in this area

Law "Civil Information"

VI - Amendment sanctions law the General Authority for Civil Information:

View of what ails the General Authority for Civil Information sanctions extremely discover incorrect data given by some or refrain from making them, causing a block efforts to complete the information system, as a negative impact on the security aspects of the country, so The Committee recommends the need to work on amending the Penal contained in Law No. 32 of 1982 on the system of civil information and take action to apply “annex 2"

Change names

VII - to change the controls names:

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Controls and the precise conditions for those wishing to change their names to take into account the security aspects, and not accepting any requests for members of the category of "stateless" at all, due to this change the risk of exploitation and deception in order to obtain certain privileges or to avoid sanctions, as demonstrated by the through the examples that have been discovered with the General Authority for Civil Information

Marriage Contracts

VIII - controls the completion of the marriage contract:

Introduce legislation to prevent the completion of the marriage contract that does not exist for both ends "of a husband and wife" proof of affiliation to their respective specific nationality, to require that this legislation is the death strict documented violator, it should be noted that this procedure is designed not to register the marriage officially and not to prevent he is legitimate, in order to reduce the marriages which are based on repairers * "Annex No. 3"

Privileges

IX - Stop Privileges:

Take certain actions that would restrict residents from the category of "stateless" and most important stop privileges which may be the attractions or the stability of the members of this class, note that some of the stakeholders already begun to take some of the operational measures in this area at the direction of the Commission and, more discreetly, and as set out below and the Committee recommends to stop them certainly are:

A - Stop the exchange of food card

B - Prevention exchange driving licenses and not to renew the old ones

C - Coordination with the Ministry of Information to be circulated to newspapers not to publish articles or complaints regarding the subject matter of this category

D - Circular to all government agencies not to employ any individual in this category, including public-interest associations and cooperative societies

E - Re-consider the decision of the Council of Ministers on the Prevention of Residential Care for Kuwaiti women married to non-Kuwaiti so limited that right to

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Kuwaiti women married to non-Kuwaiti nationality, and specified that the administration has a legitimate in Kuwait, that this amendment shall take on new cases only

Education

X. - Transfer of students from the category of "stateless" to private Education:

In line with the procedures restricting the category of "stateless" and in order to provide better educational services for the Kuwaiti students by reducing the density of students in the classroom, and in line with the policy of the State in the rationalization of expenditure, the Commission aims to not accept the children of this category are excluded from public schools, and only provide Financial support for private schools, which cost up where students for the academic year to an average of 250 dinars in cost of student in public schools an average of 850 dinars, and if knowing that there are about 50 thousand students from the category of "stateless" and are educated in public schools in Various stages, it is clear that what can be supplied up to about 30 million dinars per year, and of course can not apply such a measure, if approved, but after doing some necessary preparations for this purpose so as to achieve this is to gradually take into account the extent of the potential of sector Special Education and the selection from being transferred according to certain priorities, is worth saying that the covered educational services are only excluded from the category, but others there is no need for the continued enjoyment of such services from the ground up

Deportation of nationals

Eleventh - Coordination with neighbouring countries - if possible - in order to agree and cooperate with it to receive its nationals who are determined to keep them for violating the laws of the country, it should be noted that some countries were willing to, it has already received a number of its nationals are excluded from Kuwait

Twelfth - mandated by the Commission to take executive action and procedural details for the adoption by the Council distinguished from recommendations, as well as the follow-up study the next stages of the overall solution of the problem and allowed for that contact all officials of the authorities concerned to allow it to pursue its work and complete the steps in the face of the problem

Time bomb

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In light of all of the above shows that we are facing a complex mixture of problems, a complex of the Parties and multi-faceted and dimensions of security, political, social, economic and cultural, which, although there were some aspects of risk where only that hide the coming days, it is still more dangerous, especially that the target is the identity of the country and the entity and the This bitter truth, which formed the seeds in the absence of time, and accumulated on the margins of events and variables, and exacerbated by capturing opportunities and the exploitation of the circumstances and local events, etc., cannot be condoned for any part in it in any way, so the outcome of the conditions of residents from the category of "stateless ", both quantitative and qualitative but it is a ticking bomb should act quickly to defuse the wisdom and firmness, but no doubt that the efforts in the face of this problem will bear fruit to the implementation and follow-up recommendations, which ended with the Committee, noted that it will result, and indirectly on the Elimination of problems security or other security is the most important are the prestige of the imposition of regulations and legislation

Comprehensive solution

While the Committee shall submit its recommendations this and which represent an interim important and necessary step in the way of a comprehensive solution to the problem of residents from the category of "stateless “to see that the rush to consider the situation of groups that were excluded at a later time, in the light of the practical applications of the proposed actions, and the Committee shall be responsible for Conducting a study on the military and the data supplemented by the General Authority for Civil Information after the completion of the civil registration process in December 1987, which would contribute to a proper approach in the treatment of the problem in a scientific thoughtful

The need to provide data from "information civilization” and the Ministry of Interior

The report confirms that, despite all the manifestations of complexity that surround the problem of residents from the category of "stateless “in Kuwait, despite shortcomings in the information related to this category, the solution is not impossible when concerted efforts in this way, both at the level of systematic planning or at the executive level

It is worth noting that the State has taken important steps in the confrontation process to this problem, can be considered a measure encouraging dispel features exaggerated fear of the repercussions that may have to continue doing so, and these steps, a

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decision the Council of Ministers in 1983 to cancel the term "without nationality" in the transactions formal and informal to demonstrate the dependency of some residents in the country, and consider all of the not a citizen of Kuwait is Kuwait, and also of the feet and defence and interior ministries to prevent the appointment of any member of the category of "stateless it should be noted, that these steps had been completed, without any repercussions

There is no doubt that the efforts of the General Authority for Civil Information in the provision of data and information on the category of "stateless" would effectively contribute to a deeper understanding of the problem and therefore any program or implementation plan, note that the Commission will expire from this data collection, compilation and analysis with the end of 1987

In addition, the administration established in the Ministry of Interior on the recommendation of the Committee, which specializes in collecting and analyzing information, including the collection of documents for members of the category of "stateless" in collaboration with other bodies concerned and its follow up the implementation of resolutions on this category after That were selected elements that are suitable for that, this administration, would achieve tangible results in the effective implementation and monitoring of plans and programs designed to resolve the problem quickly and confidentiality requisite

Orientations of the Commission and the general principles about the problem

1 - recognizing that the solution to the problem will not be achieved effectively without making sacrifices may be big in some aspects, and that any attempt to solve this problem without taking into account the size and type of these sacrifices and usefulness, the chances of a reasonable prospect of success will be better than its predecessors, which means the continuation of Situation as it is, with all its accumulations, and the results are difficult to estimate the negative consequences

2 - The solution to the problem requires action in accordance with a comprehensive plan a quiet long-term deal with the various segments of this category, and is being implemented gradually in a phased manner programmed, utilized at every stage of the results of the previous stage, on to be dealt with, each one according to their importance and seriousness of , and in ensuring the success of a comprehensive solution on the one hand, and to avoid any reflections and unexpected reactions on the other hand

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3 - The solution to this problem is linked to a form and content of legal aspects cannot move without it, thereby eliminating the need for expediting the issuance of the necessary adjustments, including addresses the weakness of the penalties imposed on violators of the legal stay of foreigners working in the private sector and the emphasis on the need to apply

4 - Emphasis on linking the residence to work, it is not allowed to work must not be allowed to stay in the country, and the achievement of this equation, the legislation remains empty shell of the real contents of the desired

5 - Avoid to this category classifications absolute, and deal with it according to the circumstances of each case, they even participated in a particular theme, but they differ in the properties of many negative or positive about their educational level, type of work, length of stay in Kuwait, family size and the relationship of kinship, Viability of integration and adaptation in the community, etc

6 - Correct perception during the claim to the dependency category of "stateless" would assist in obtaining privileges, and to emphasize that this claim be subject to legal accountability

7 - to emphasize not to enter the circle of exceptions under any circumstances except to the extent provided for some exceptions to the interim imposed by the requirements and necessities of operational plans to solve the problem, the exceptions codified and limited to a period of time (will be mentioned not really in clause "Second" in the recommendations)

8 - To emphasize the implementation of what comes out of decisions and directions on the residents of the category of "stateless" as to not be implemented partially or entirely would lead to results add to the complexity and seriousness of the problem

This comes as confirmation of what is expected to emerge from the special cases of a humanitarian nature may suggest the necessity for the exception note that it is very difficult to enact legislation to remedy the various individual cases

Diagnosed the problem of the Ministerial Committee on 7 points:

Manpower pressure

1 - There is a lot of the people of this category have earned graduate degrees, and has assumed important functions, which makes them the power of human pressure, and

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of the effectiveness and the ability to claim the privileges and rights whenever the opportunity arises for that

Uneducated

2 - The vast majority of this category of non-learners, and those on low incomes, are characterized by the high volume of families, which may encourage the exploitation of ignorance and the suffering of some, including threatening the security of the country

Work in sensitive equipment

3 - There are a large number of children of this category, works in the most sensitive organs of the State "The army and police” and by a very high compared to Kuwaitis

Size category on the rise

4 - The size of this category for the Kuwaiti population has reached an end very big, and make them under unusual circumstances, and abuses governed by customs and traditions of power are difficult to control in the control of its affairs, in accordance with the laws and legislation, as is the case for other residents

Workers and unemployed

5 - Although there are many of the unemployed and members of the suspects in this category, we find in the other hand, others of them who were martyred or injured in the course of duty

Integration into the community

6 - There are some who were born in Kuwait, he grew their parents at home, if they have where they were born as well, and those educated in its schools, and enrolled in various disciplines, and they accounted for power quality can be considered to take advantage of them, and work to integrate them into society, according to the rules And the foundations of thought developed for this purpose

Increasing intermarriage relations

7 - the growing ties of intermarriage and marriage between the children of this category and among Kuwaitis, have resulted from the presence of the children to them with the roots of Kuwait, which requires study of the matter is that it represents

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a well thought out, and therefore appropriate action, given that such marriages may be of the nature of repairers and the consequent The negative repercussions, and the situation is of the reality.

End

1 - Naming (illegal residents): This is inaccurate name, far from the reality (through the status of Bedoons) and it is not consistent with local laws (through the articles of the law), Bedoons were living in Kuwait before it became a state by the Arabic League and United Nations, as the roots of most of them were in assets nomadic tribes inhabited the region. Since the residency law for foreigners No. 17 of 1959 in paragraph D of article 25 that exempted tribes and clans of the residence, they considered often entering the country throw the desert to perform their needs ,till they are settled in Kuwait. They are all these years included as citizens in the Census, and worked in the ministries of Kuwait, especially the interior, defence and oil ministries, till the Government has changed this law by Act 41 of 1987, but the abolition of that paragraph (D) was not able to change the realistic and legal status of their existence, because this amendment applies with future effect. The previous article in 1959, established a legal status that cannot be altered by repeal of the article, so the presence of Bedoons in Kuwait is legal and legitimate to this date.

2 – The government (the executive authority ) submitted in its report to the Human Rights Council, it cooperated with the legal authority (parliament) and judicial authority (the judiciary and the courts), and this is not true, where the government has issued Decree No. 20 of 1981 establishment of the administrative courts to consider decisions on the law of the residence of foreigners, and prevented giving the right to Bedoons to apply to the courts considering their situation as citizens, and made it administrative decision instead of a judicial decision, as articles 16 to 22 in the residency law gives government the right to remove the illegal residence, there for the government tried to remove some Bedoons by sending them to court to prove their illegal residency and Condemned them, however the judiciary decided in favour of the Bedoons, namely of being nomads and they are included as legal residence by the law of 1959. In the case No. 4910/98 misdemeanours, as well as in case No. 4910 of 1987 (misdemeanours), The judge was more clear in his decision after hearing the accusations of the public prosecutor in 6/11/1987: - Entering Kuwait illegally through illegal ways and without a passport or a valid visa.- Returned to the country after he was removed away, and without getting special permission from the competent authorities. The prosecutor had asked to punish him in accordance with articles 1, 4, 19 and 24 of the Alien Residence Law No. 17 of 1959 amended by the Act No. 55 of 1982 The main fact is, that the defendant is a Bedoon, and was deported administratively to Iraq with his family in June 1987, but returned with his family on foot through the desert, were arrested and brought to trial with the charges mentioned above, and after the court saw the  documents submitted from the lawyer in the hearing, the conclusion was as followed:  The accused is without nationality and born in Kuwait, as well as for his wife and all children, and the real issue of all those documents, is that the accused is without nationality, This category evaluated in Kuwait is not for

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the perception of non-Kuwaiti or foreign, and there is no evidence in the documents showing that he has the Iraqi nationality, or has any other than Kuwaiti nationality. Hereby his presence in Kuwait is legal like the legal presence of many citizens of the Bedoons; also his entry into the country was legal. The charges he is accused of, are not supported by the law, and must be eliminated. The court has declared him not guilty   

3 - The name of illegal residents is modern name, which indicates a lack of credibility which is named the sixth in the names of Bedoons after (Kuwaiti, Kuwaiti from desert, bedoon ( a common name), non-Kuwaiti , non-specific nationality, and access to illegal residents), which indicates that the government policy deliberately uses exclusion and deprivation, it changed its laws in order to escape from the legal consequences of committing naturalization. The laws on naturalization changed several times as follows: Decree No. 2 of 1960, Decree No. 2 of 1962, Act No. 70 of 1966, Act No. 41 of 1972, Act 100 of 1980 and during the absence of parliament dissolved in (1976 to 1981).

4 - The government attributed to the presence of Bedoons linked to exceptional economic boom and this is not exactly true because the Presence of Bedoons as mentioned earlier than the issuing of the state. the state benefited from these Bedouin who later became Bedoons as workers in the ministries, especially the interior, defence and oil, where the Bedoons  accounted for 90 percent of the armed forces until the date of the occupation of Kuwait in 1990 have participated in wars fought by the Kuwait locally, regionally ,and was the core of Brigades ( Alshaheed and Attahreer ) during the liberation of Kuwait, also they were in the royal guards of the Prince ( sheikh Jabber al-Sabah ) when try to assassinate him in 1985 and was among the 12 protectors 10 of the Bedoons 2 of them were killed during this attack. Still some of those Bedoons, so far despite of 25 years passed, and those who were killed in the war of invasion and liberation their children are still bedoons, and some even came out Kuwait during the invasion, the government did not allow them to enter the country like the children of Martyr Hommoud Alenizi, who are refugees in Jordan since 20 years, despite their father is buried in Kuwait, after bringing his corps from Iraq. The number of his corps is: 8015 How then can these people are called illegal resident, while they were the core of state staff, especially they were present in the protection of the Prince.

5 - Executive Committee The government formed a Central Committee in 1993 and changed it to the Executive Committee of illegal residents in 1996, it also claimed in its report that this committees will provide the solution, this is not true, because the decree establishing this committee did not indicate that it is purpose is to find a solution, but to take action against this category, see here the name given to this Committee proves that those people are condemned of being  illegal residence, before looking in to their state, this Committee has given an enormous  power to do all needed against Bedoons, In fact this it was the worst act ever committed in Kuwait's history of injustice, it has exercised the worst methods of injustice, coercion, terrorism, forced to sign false information, contempt and disrespect for the dignity of Bedoons,  even got to do with misdemeanours and is legally condemned. the Secretary of the committee( Faisal alsunaien ) was also condemned in Case No. 122 for the year 2005,, after assaulting one lady of the customers by beating her. The Kuwaiti Society of human rights announced that there are many  cases in which it have been Submitted to, it had practiced against the persecution and even Bedoons women are Subjected to sexual blackmail in favour for

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Completing some needed formalities, and they are afraid of reporting this, due the absence of monitoring this Committee, and that the Commission was found guilty even by the royal family, calling it a stigma of shame for Kuwait, not only that, but this Committee surpassed to deal with the international Mafia concerning passport fraud, sold within the premises, and  arranged with some third World states, such as Liberia, Yemen, Eritrea , the Dominican Republic and other countries, in facilitating the giving Bedoons false passports, and they publish advertisements for the sale of forged passports in newspapers distributed in Kuwait, all of that to get the Bedoons out of the citizens, to show that a numbers of bedoons adjusted their positions and the Committee provides statistics showing the number of Bedoons descending, so it looks like the government is addressing the issue, creating booed when many circles in the Kuwaiti society in all sectors and began to complain what is happening .

6 - The government declare it prepared the High Commission of nationality, and the government for the second time using evidence against itself while they want to use it to their advantage, the government use the law to naturalize Arabs and foreigners according to its desire, but Bedoons who even laws enacted for them, do not apply even for a fraction of them, and after acknowledging that Bedoons registered in the census 1965 are Kuwaiti citizens, and they are more than 37000, Indeed according to the law passed in year 2000 by the parliament to naturalize 2000 Bedoons per year, the government naturalized less than the 600 in that year, and not all of them are Bedoons and suspended the law after that. It is always like this when a law is prescribed such as naturalizing a number of 2000 Bedoons each year, nothing will come out of it for the Bedoons, but instead  Arabs from the Arab Gulf and children of Kuwaiti women married with foreigners, widows and divorced women who have other laws, you can say, until now the government did not naturalize 1% of the required naturalization.

7 - The government declared that its amended its citizenship laws to facilitate naturalization, and this is not true, otherwise it changed the materials  Decree No. 2 of 1960, Decree No. 2 of 1962, Act No. 70 of 1966, Act No. 41 of 1972, Act 100 of 1980. during the absence of parliament, it  dissolved in (1976 to 1981) the laws that allow Bedoons naturalization, but it  uses various means including a secret plan of 1986 held by the Council of Ministers, which withdraw of all privileges characterized by Bedoons, imposed an inhumane blockade to prevent them from treatment even the Children's Vaccine, education in all levels, housing, work in Government and private, to have own property, travelling, birth and death certificates...etc and prevented newspapers from publishing their complaints and Fought a heinous and cruel war against them, , and completed it work thru the Executive Committee which uses its power by refusing them to have passports, and force them to get false passports, but also led to the deaths of many people from lack of treatment, lot of them are children, these children are also not allowed to go to school, so new generations do not know how to read and write, this is going for more than 17 years, women continue to suffer from spinsterhood, young people suffering from unemployment, an inhumane atmosphere is created that led to a disaster that the civilized free world is fighting against, such as illiteracy, unemployment, crime, spinsterhood, disease, racism and others.

8 - the government mention that they had provided services to the Bedoons of a humanitarian

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nature, and the audit noted that the Education Fund is the result of efforts made by Sheikha Awrad al-Jabber, and member of parliament Hassan Jowhar, which led to the opening of this fund, the family pays a part of the expenses, the education level is very bad, where it could reach to 50 students per class, and not take into account, the importance of  educational level, but in terms of money, and those who fail in school will be thrown out of the funds, this fund which has made for Bedoons, is also opened to all residents in Kuwait.

9 –The Government has also provided figures on housing provided for Bedoons, the truth is that the government gave primarily these houses to the military since 1979, more than 30 years, never been maintenance, and are nearly collapsed, the government did not give them for free, but Bedoons  pay an amounts of up to 100 dinars monthly for rent at times of unemployment  and do not know how to pay the rent, sometimes more than 25 people live in one house of about 180 square meters. These houses has been described by the World Organization of refugees, not fit to live in and are like the refugee camps in Gaza and Lebanon.

10 – The government mentions the lack of access to original documents of the Bedoons, because those documents do not exist. So, the government punishes the Bedoons on the developed hypothesis and has supported it with money, also set up a committees headed by the Executive Committee that did not come out with any positive result. It is not honestly searching for a solution; because the solution is in its hands, just by transferring the case to court. But the government does not cooperate at all, not only by refusing civil and human rights low for bedoons made by the 26 member of the parliament on the 10th of December 2009, at the international Day of Human Rights, also did not cooperate to transfer the whole file to  the judiciary authority, more than that is, fouls passports are sold through offices operating in Kuwait, with the knowledge and approval of the government, and even reached an agreement with some countries to give false passports to Bedoons, such as Liberia, Dominican Republic, Yemen, Eritrea and others.

11 - Several laws from the courts have been issued on behalf of Prince of Kuwait in favour of Bedoons, but the government did not implement those provisions. 12 - Since the early eighties, the government speaks about solutions and fills the newspapers with statements without any solution.

13 – The government considered Bedoons as citizens in Census 1957, 1965, 1970, 1975, 1980, 1985, and used the population of Bedoons just to get a bigger share from the OPEC; this is documented at the parliament thru the questions of parliamentarian Ahmad Al-Saadoun (1985-1992) directed to the Minister of the Interior about the fraud in Census .

14 - Bedoons born today are the fourth or fifth generation and are still without a nationality.

15 – During those years, the government granted bedoons receipts to receive their Nationality and ware renewed every 5 years until 1986.

16 - Kuwait is the only country that divides its citizens to grades, from the first until the eighth grade, during the sixties; there are amongst the Bedoons those who rejected the second grade nationality, because they are eligible for the first grade.

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17 –The rates of suicide among Bedoons increased to a high level, because of the unbearable situations and mental health they find them self in.

18 - The Government prohibits issuing of passports for Bedoons and not as claimed, the children Ajwan al-Shammari, and (Abdul Aziz Alonan during 9 years) how died because the government has not issued them passports to travel abroad for treatment, is the best example to mention.  19 - The government created a situation of racism and apartheid, part of the Kuwaiti citizens look at the Bedoons contemptuously; the government isolates the Bedoons so that the new generation of Kuwaitis do not know bedoons as Kuwaitis, but as foreigners.

Stateless in Kuwait, the crisis and consequences

Dr. Fares Mattar ALWAQAYAN

Quoting from the Journal of (asseyasah addawliah) No. 175, January 2009

Abstract:

This study aims to discuss the issue of stateless persons in Kuwait, who are nominated manners popular vernacular as "stateless", in accordance with the historical context deals with the beginnings of a case and the development of official policies that dealt with it, and we found that those policies are divided according to the nature and procedures of the three stages, namely ( the stage of recognition, the stage of rejection, the stage of indictment), without neglecting, of course, the factors of national and regional drivers of the adoption of such policies, since it often these policies the nature of opening times and militancy at other times, which reflected the absence of a clear strategy to develop mechanisms and solutions to address them, it is natural that result, it raised the negative repercussions led to the complex and intertwined strands so Bedoons legally deprived of civil rights and that there are no standards for effective integration in the Kuwaiti society by granting them citizenship, and to show in the context of the search that the development of a civilian of this kind from the eponymous disputed where they settled the government in recent years, named as illegal resident,

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legitimate, through withholding civil rights and the end of the stringent in the granting of nationality, has created a reality inconsistent with the terms of the Kuwaiti Constitution and the texts of international conventions of a humanitarian nature also extended weigh not without, but also of the Kuwaiti society and the country's reputation abroad ... as necessity, in the outcome of the study's close access to scientific findings indicate the outcome of the research attached to some of the recommendations which it will open broad prospects for the development of legislative and legal mechanisms to cope with what is happening in today's world of concepts to solve a humanitarian crisis and civil stateless in Kuwait.

Introduction

Chapter I: Genesis and historical development of the crisis

The first topic: the stage of recognition.

The second topic: the stage of rejection.

Section III: the stage of the accusation.

Chapter II: The negative effects of the crisis

Section I: extraction rights.

Section II: increased crime rates.

Section III: write off identity.

Section IV: Cracking the community and the state.

Conclusions and recommendations

Extension

Margins and references

Introduction

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The issue of stateless old issues new in Kuwait, and often play a number of internal and external factors essential role in raised on the surface of the media and the political to become a central issue in the Kuwaiti society, or in preventing it and suppress it in the bud to be away from the deal official and popular, and in the absence of Institutional legal way to address this issue in a radical and comprehensive to ensure the basic rights to them and integrate them in the draft Kuwaiti citizenship, it is natural that the issue of stateless persons susceptible to changes in domestic and regional wind blowing in Kuwait from time to time.

At the present time a question of stateless one of the most important issues that occupy the mind of the official authorities in Kuwait, as they are in popular trading and constant media on the scene of Kuwait to the extent that we can talk it very clear view in Kuwait supporter to solve it and other shows have, and both Monday there is support for granting basic human rights and only opposed the principle of naturalization, and others support the radical solution of the issue (rights and naturalization) so as not to reflect the tragic nightmare affect the security of the state and the stability of society in the future.

We can explain the reasons for the interaction of formal and popular with the issue of stateless persons in recent years, among the important variables of the following:

- The demise of tension external security caused by the Iraqi aggression against Kuwait (1990) with the fall of the former Iraqi regime in the war Anglo-Saxon in 2003, are no longer security concerns and preoccupations of mind focused in a holistic and comprehensive external security risks but also embodied the threats to internal security (deferred because of the danger external) the importance of the largest and deepest, including the juicy slice of the great people in the Kuwaiti society deprived of basic human rights, so the major questions raised, how these people live? What are the effects left by the stripping of rights to state security and the stability of society? Will rising rates of crime have to do with it? How to address the distortion of the external reputation of Kuwait because of the denial of their rights?

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- Another factor related to the emergence of a generation youth of stateless beneficiary and is consistent with the values of modernity, globalization and communication revolution that began to prevail the world now, as the use of media strategy is able to provide and deliver his message and his voice to decision makers, the official in Kuwait, in a vital and influential through the (satellite State, Web sites, contact the institutions and international humanitarian organizations), in addition to the mobilization of civil society institutions in Kuwait and the entry of activists, community workers in favour of their cause.

- The third factor is a purely elective legislative Kuwait, with the giving Kuwaiti women the right to vote and run (2006) Added mass electoral Women's new body of electoral a slice citizens of Kuwaiti women married to stateless persons, seeks candidates (in populated areas stateless persons) earning in their propaganda campaign and the adoption of their concerns and their causes daily suffering to win the chair of Parliament, and therefore the question of stateless persons of concern to Parliament with the establishment of Bedoon’s parliamentary committee from July (2006) and back again with the twelfth legislative term in 2008 as well.

Since the research in the problem of stateless persons in Kuwait is the kind of detailed HTTP has raised dealt with the crisis and its consequences only, without mention of the positions of parliamentary and community and public about it, which we dealt with examining other separately with privacy related to the establishment of a constitutional state, and the concepts of citizenship and integration and coexistence, community, because the problem of stateless in Kuwait is not the problem of ethnic minority Like the Kurdish minority in Syria, so Bedoons in Kuwait from the same fabric of ethnic and cultural heritage that belongs to him Kuwaiti citizens, as it is not the problem of sectarian (Sunni, Shiite) linked to the demographic balance, as is the case in Bahrain, characterized by naturalization policies the sensitivity of sectarian excessive, but spin the issue of stateless in the orbit of conflict, a community class is beset by and interact with the three forces of community each and every one of her economic agenda and the community differently, and these forces is the mass of urban year symbolized by the sometimes elite business

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and the interior revolves justification stringent regarding the granting of civil rights and the acquisition of citizenship on the (national identity, material cost, security, sovereignty), a position dovetails with the so-called trend-right and extreme right-wing in Western societies, and blocks two other (mass tribal, and the Shiite bloc lenient and sympathetic to grant all the rights of stateless because they meet in the same pot of cultural and regional and moral, while beyond the problem of stateless in Kuwait, in our view, all of this in terms of knowledge to become problematic in the developed of the formation is different from the past, in line with the developments on the world of great interest in the concepts of citizenship and human rights and civil society institutions.

Since all of the studies stems mainly from the problem central to the research, the core of the problem in our study related to the slide stateless in Kuwait, deprived of their basic rights and also the right of citizenship (nationality) are a mixture of the majority demonstrated its presence in the old Kuwait, according to the statistics of the years (1965, 1970) and slide a simple demonstrated its presence after so many years, and most do not have the nationality of any state, and a slice other simple hid documents in order to enjoy the privileges of stateless persons, known manners Kuwaiti dialect under the name of "stateless" because the privileges of approaching the rights of Kuwaiti citizens until 1985.

Government policy towards stateless ranged from recognition as Kuwaitis until further notice are entitled to all rights except the right to a nationality, in the period between (1959.1986), and between rejection and denial of their rights in the period between (1985.1993), and up to the stage of being charged with assets and foreign nationalities stripped of all rights and force them to produce original documents between the period (1993 - until this time).

Make no mistake by saying publicly that go into a research study on the issue of stateless persons in Kuwait cannot be achieved without real difficulties faced by the researcher, which are numerous, among them what is essential:

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- the difficulty of obtaining information and figures and statistics relating to the case it is replace the monopoly of security institutions, and to achieve this requirement of the information shown by the size of the inconsistency of the official party to another.

- The absence of scientific analysis and objective of the case are often addressed from the perspective of a security or an election or a class represents the viewpoint of self-interest and not a scientific balance.

- The adoption of information sources on the case on the statements and interviews.

- A security concern, an obstacle to some of the guides who have been stateless individuals interviewed their names and identity of civil rights.

Study involving stateless in Kuwait on fundamental questions such as: Who are the stateless in Kuwait? How it formed a crisis of citizenship they have with the passage of time? What are the reasons and motives that led to pose? Then look at what the effects and consequences resulting from the stateless themselves and their reflections on the state and society? , And does not omit the study achieve a number of key objectives, including what is scientific research, such as filling the void of scientific and cultural development on the issue of stateless persons in Kuwait through a search topic in terms of diagnostic methodology is far from personal impressions and devoid of prejudices and partisan interests that accompanied the issue of stateless since its beginnings, and also seek to achieve the goal of a community in which we seek the outcome of the conclusion of the study and make recommendations, including helping to create balanced solutions to the issue, here it is in fact emerging importance of the study as a means a large segment of people (see their numbers and denominated in the Appendix), deprived of the most important civil rights and citizenship, there is no explanations and studies looking sober affairs, except, of course, a legal study to Dr. Rashid Alenezi on the legality of residence issued by Dar Al-Qurtass (Kuwait, 1994) located in the 66-page, the only study published in Kuwait, despite the importance of the issue.

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In order to discuss the crisis Bedoon overlapping and complex in Kuwait, do not stop in our approach to scientific research at the borders of descriptive purely aimed dealt with in the circumstances of the temporal and spatial and humanity, but beyond that, depending on the induction, observation and inference to link the phenomena involved in it, and that hurt our analysis in the curriculum of a retrieval template, looking effects and implications of lived time in the current members of the stateless and the Kuwaiti society and the reputation of the state, in the light of what has been drafted legislation and adopted policies in the past had resulted in the formation and aggravation of the crisis that we have today.

Confined to the study of stateless in Kuwait, a general introduction and chapters I address the historical development of the crisis in three sections (the stage of recognition, the stage of rejection, the stage of charge) and is divided into historical periods related to the transformations undergone by the issue of stateless, but for the second semester we take the negative effects such as (extract rights, increasing crime rates, cancellation of identity, cracking the state and society), then the conclusion which contains the conclusions and recommendations ...

Chapter I: historical development of the crisis

Section I: (recognition stage 1959).

Any researcher can not address the issue of stateless persons in Kuwait analysis and disassembly states that poses obvious questions regarding the same issue, such as: Who are the stateless? When they came to Kuwait? What are the reasons for the emergence of stateless? And how the issue of stateless persons has grown to become such a large scale of the human population? This chapter will be a special briefing the beginning of the formation and the emergence of the issue of stateless and the stages to have passed them on to leave what is related to the effects of the phenomenon and its negative consequences in the second quarter.

The case of stateless persons who are called the Kuwaitis "stateless" "Bedoon" "is one of the rare cases in the world that does not apply to names spoken in many countries, it is not considered stateless in Kuwait, who hold

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the nationality of a State or national, as they are not citizens enjoy full civil and political rights in the state, and also are not nationals belonging , like all other peoples areas and regions under the umbrella of protection, assignment and finally we cannot be called foreign stranger them (in accordance with the Declaration on the Human Rights of Individuals who are not citizens of the country in which they live, adopted by the United, dated December 13, 1985), which is known foreign as "any individual who is in a state that does not have a national" in Article (2), a foreigner, most likely no relationship with the historical, social and spiritual state in which it lives and it was not necessarily to seek citizenship, in While the stateless are long-term residents on Kuwaiti territory and the back of the fourth generation of them have been born, educated, employed, relationship, the associated rates and affinity with the Kuwaitis.

In addition to all these names it cannot be considered a slide stateless in Kuwait are refugees as defined by the United Nations Convention "refugee any person who is outside the country of his nationality, because of his fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or because of his political opinions and cannot return to his country or do not wish to do so * 1, because the members of the stateless are not nationals of a particular country (a claim or the fact) and consider that Kuwait is the home first and safe havens, and therefore we find that the situation of civil and legal without in Kuwait is fully consistent with the stipulations of the United Nations Convention on the Status of Stateless Persons of the year (1954), which defines the term "stateless person" as "a person who is not considered national by any State under its law" * 2.

From a historical perspective Sociological analysis tells us that slide Bedoon are a group of people belonging to the same component of ethnic, religious and cultural heritage of Kuwait's population is indigenous, it is likely they come from (the Arabian Peninsula, the area of Mesopotamia, Persia) that with the totals of simple from the Levant, and highlights the problem of stateless phenomenon in several major joints should be considered and raised.

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For the life of movement and travel, the early immigrants in Kuwait integrated in the crucible of one community based on the process of producing a major economic a maritime trade and pearling, fishing, and nature of the work of this kind need to be some kind of stability in a specific geographic area, homelessness, the port will come to him ships whatever left in their trade, in addition to a central authority to enact laws and decide disputes on the other hand, these basic rules governing the pattern of life were not necessary for those engaged in professions and trade and the life of the desert, which was the whole of their lives and their interactions on movement, travel, and according to harmonize the natural environment and climatic as a pasture camel and cattle , and in the desert wide open to the Arabian Peninsula and its extension to the South Persia (Arab Stan), Mesopotamia, and even the Levant, including Jordan and the region did not witness the demarcation legal clear to the borders and to the Centres for border security and customs specific between those countries, it is natural to move the Bedouin desert without legal barriers between these areas that have not yet seen the stage of nation-state entities independent political actors in the international community.

This talk about the nature of nomadic life for the tribes of the desert has never been without controls and without the participation in the process of building the state politically, economically and socially, in the case of Kuwait, were those tribes play an active role in financing the state budget as "Zakat Bedouin are a source of income is important for the rulers of Kuwait and the significance of the initial on the loyalty of the tribe "* 3 and the increase or decrease the demographic of the Kuwaiti society and its interactions commercial" had a population of Kuwait is subject to increase and shortage to send the desert to Kuwait from men working at sea, season, diving or sell their products and buy their needs of food, clothing (..)Kuwait was the supply centre, we find tribes come to it every year in the season of "swap" outlive it brings wholesale markets, including Kuwait, including the needs of nomads and nomads sell their sheep products * 4.

The civilian side of cultural know that to think about the Bedouin tribal special mood is different from the mood of the communities with civil unrest hard in

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her home and falling under the umbrella of a management system and centralized as is the case in the city of Kuwait, which wraps around the coastal port, in addition to what can be said about the illiteracy of the individual Man of the desert and distance from civilian life and his distaste for restrictions on Civil and civilization at the beginning of the last century, in summary the life of the Bedouin about what has to give the nature of livelihood to him and his cattle in that vast desert without a formal border would naturally be reflected in the pattern of living this on shying away from participating in political life and administration of the State also keen to get the papers and official documents to demonstrate his allegiance to this country or those located in other priorities and interests, especially since those documents in the first half of the twentieth century before the commercial production of oil were not followed by concessions prominent deserve to leave the life of movement to settle in the city because of it, The majority of the births of children are stateless was a civil manner, nor does it give the state birth certificates to all citizens on its territory, including the open desert and there were no barriers border the Bedouin in his travels did not need a deadline for tickets and certificates of official travel.

In political terms it was the tribes of particular importance in the policies of countries in the region consistent with the interests of major, has been used as a criterion to demarcate the physical boundaries of the States during the border disputes, as were the regions inhabited by tribes and the wells being undertaken in these areas reflect the loyalty and subordination of the tribe of this state or those to prove the claim was expanded to the geographical boundaries of the States were tribal allegiances replace discussions essential for the demarcation of the border at the AlAqeer for the year (1922) between Saudi Arabia and Kuwait and Iraq, * 5, then the system of "swap" that the convoys tribal hinterland and the purchase and sale of goods in countries, including return on the state revenue and financial prosperity of business was the subject of interactions, a major political between the political systems to express their loyalties to the tribes of this system or antagonism and hostility to that system, especially in cases of denial by some tribes to do by swapping It is like a punishment the economic embargo for the time being .. . so that this important political and business of the tribes for political systems in the

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past make the place special exceptions in the laws on citizenship and local residency demonstrate by example, exception members of the tribes of the procedures stay in the Residence Act No. (17) For the year 1959 in Kuwait and now in Saudi Arabia, which allowed tribes displaced from their lands historically back again to get citizenship in accordance with what is known as the concept of "family unification".

If we can sort of inspired by the writings of many who took the history of Kuwait, between the emergence of two slices of stateless in Kuwait from a historical perspective, namely:

- Slide historical existed before the beginning of oil production, the great and the reflection of its impact on Kuwait's switch to the welfare state (i.e., before the fifties of the last century) has been deprived of citizenship later for many reasons, including (non-recognition of the importance of access to document citizenship bore no relation to the privileges benefit or for a delay time after time for the confidence that they will get it sooner or later, or rejection of the nationality of the acquired contingency confidence that it deserves Nationality mainly, this is in addition to cases of the death of a breadwinner in the early sixties and the inability of his sons, the Palace to check on the sexual and finally for political reasons, ethnic sectarian) * 6.

- For the second tranche are those that have migrated from their countries of residence in Kuwait from the sixties to participate and take advantage of that economic transformation heavily on the impact of oil production in large quantities, and that was migration consistent with the need for the expansion of state institutional, commercial and security to a large number of people to contribute to the process Development in all its dimensions and area.

Abdul Aziz Hussein limits the migration of the second tranche of Kuwait into two types:

- Migration of individual unregulated and sometimes illegal.

- Migration regularly carried out by the government and companies including imports of professionals in particular, to fill the jobs of the many vacancies that cannot be filled by local citizens * 7 with the delegations of the totals of

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many human to live and work in Kuwait, to search for the source of livelihood, especially after the emergence of features of the modern state with the oil boom, became the front State of Kuwait a major responsibility to enact legislation such as the Nationality Law No. (15) of 1959 and the law of residence of foreigners in the Royal Decree No. 17 of 1959, so we find it necessary to be a particular focus on the Residence Act for his role in the formation and the emergence of stateless persons in Kuwait.

The Residence Act in its infancy of modern laws that are commensurate with the laws of many democratic countries, but that exceptions to the application of the provisions of the law, which received for (Heads of State and their families, heads of political missions and their families and staff officials, consuls and their families and their staff official on condition of reciprocity, our Platinum Passport political condition reciprocity, members of tribes who entered Kuwait from those who are accustomed to enter them to eliminate their jobs as usual, men, ships and planes coming to Kuwait, who hold tickets for sea or air from the competent authorities of affiliates, and sees the President of the police and public security excluded by special permission of the considerations relating to the courtesies International) * 8, emerged as item (d) on the members of clans who enter Kuwait overland from those who are accustomed to enter them to spend their business, the usual central pivot for the emergence of a slide stateless, it exclude members of the tribes of the actions of residence and passports, and here we are many comments on this item tally in the following:

- that this item is a sign of recognition of the Kuwaiti government that members of the clan are belonging and residents on the territory of Kuwait who condemn her of belonging and loyalty and those who provide them not only the usual points of their jobs (grazing, visits to relatives and others).

- The Kuwaiti government by giving special facilities to members of the tribes to enter Kuwait overland but reflect the need for the state to members of these tribes to work in many areas of the State, especially the military, especially if we consider that members of the tribes were entering the Kuwaiti army and the Interior, without conditions, remember, which led to Be the most security personnel are nomads, despite their lack of Kuwaiti nationality.

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With all the interpretations and legal opinions, which affected the text of Article 25, paragraph (d) of the Residence Act No. 17 of 1959, which was a wide gate in the emergence of so-called as Bedoon( without nationality) in Kuwait, the government has to cancel this paragraph Decree Law No. (41) For the year 1987, Separated by d. Alenezi this article and cancellation, which has been infected by a host of interpretations and legal conclusions, including:

- it is not clear whether the legislator had wanted to this paragraph to give members of the tribes really like to stay or convenience, only in the case of mobility without the need to obtain official travel documents required.

- including the majority of Bedoons (stateless persons) belonging to the "Arab tribes" landing note (paragraph), and then they are not subject to the provisions of the Residence Act and this interpretation is confirmed by the actions taken by the executive authority in this regard since the beginning of the sixties.

- that the abolition of the band (d) does not affect the existing legal situation because the amendment applies with immediate effect and the previous article created a legal status is not rescinded by the repeal of article (because it did not provide for retroactive application also did not provide for the abolition of the legal status established by article 25).

- The provisions of the dimensions prescribed in the Residence of Aliens Act No. 17 of 1959 does not speak of a "Bedoons" and there is no other legal text that governs their legal status and then not be deported in accordance with the law * 9.

With the multiplication of immigrants to Kuwait to live and work in all areas of the state, including the military and the applicable exceptions residence laws in different time intervals with the restriction that was in the approach to the granting of nationality laws and legislation, set up a slide stateless in Kuwait and worse, and I grew up like what could be described as "Snowball "There are those among that segment of his ability to prove its presence on Kuwaiti territory of the beginnings of the twentieth century, the past and the other for the failure of the fifties and sixties with the access and registration in

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Statistics in 1957 and 1965, another slide came with the seventies and some of them was carrying nationalities of the other neighbouring states and threw substantiated and documentation official hoping to get Kuwaiti citizenship and enjoy the prerogatives..

Government policies since the release of the nationality law and until 1985 it seems the way they deal with the issue of stateless they were not carrying a clear strategy to deal with a slice Bedoons as Kuwaiti only they are in the process of naturalization, and for two main reasons:

- that so many of the Bedoons since the independence of the state did not form a pressure group on the political decision and they did not pose a security worker and social tension in the country.

- that the Bedoons are the energy is significant human took advantage of the State in the first place in the military sphere to fill the shortage of numerical Kuwaitis who were not interested in military action if they wanted, they prefer the level of leadership, then that Bedoons emerged in many areas, task and represented Kuwait in the event of State (Sport, Artistic, literary) and raised high the banner of Kuwait.

Dedicated approaches open in dealing with Bedoons as Kuwaitis, although the legal solutions are absent in many of the decisions and actions of them, calculating the number of Bedoons with the Kuwaitis in one box all the statistics the previous year (1985) and the provision of facilities a major in education, health care and housing to provide homes for Men the army and the Interior of them at nominal prices and give them passports special article (Article 17), which means that the government is considered a stateless part of the basic configuration of the Kuwaiti society, and demonstrate that they have the right to housing, education, medical care, documentation of official documents, occupation, foreign participation in the name of Kuwait.

Here, call us substantive to say that the way was granted by the Nationality during the Commissions of Inquiry in 1961 and the procedures easy to have enabled many to obtain citizenship was characterized by very simple and the absence of vision of the institutional, "says one insider on how to run things the Commission" are often questions and answers verbal, as were not there

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papers and evidence attached and there were no birth certificates and most people who witnessed the births of eligibility and in particular (tribal people) * 10, then adds, "it is required of those seeking citizenship as witnesses two of the definition of the person on the basis of zoned and tribal and class and even though the personal relationships and stakeholders with defined is the fundamental criterion to assist in the granting of citizenship and his luck was bad not having a relationship with referees in the same category is deprived of nationality "* 11 after being stopped for the committees Citizenship direct and closed the door in absolute terms in 1966, emerged on the surface of social many of the problems on the concept of citizenship were not the official authorities calculated not be policy of institutional legal process them, then at the same time, and among those problems that is related to slide Kuwait due to the nationality as an official demonstrate the identity and citizenship (such as abstaining from accepting citizenship acquired eligibility for citizenship mainly , died from their parents before the issuance of the Citizenship Act of 1959 and the formation of committees Citizenship in 1961 and they have not attained the age of majority, slice their parents who got citizenship as adults then, and then slices children of Kuwaiti women whose their husbands died or deserted or divorced, those children were not naturalized despite resolutions and recommended by naturalization with the age of majority, and in spite of owning those segments of the evidence and documentation are eligible to enable them to obtain citizenship (such as statistics of years 1965 and 1970) but were not there is a policy and the will of an official and clear to end Files, which remained pending with the times.

Slide the basic stateless in Kuwait

Sons of the desert slice exempted from Article 25 of the Residence Act of 1959.

Affected by the law of 1972 feature on the closure of grades through high school in Kuwait, and the naturalization of a deprived other stop working because of the law.

Spouses and children of Kuwaiti women deprived of the right to citizenship of their mother.

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Corps of military personnel (internal and defence)

Without the plaintiffs while they threw their Passports and documents that prove their affiliation to other countries (Newborn Arrival).

Segments affected by the gaps and policy committees of naturalization (1961-1965).

Refuse second nationality because of their right to a preliminary.

Minor children of the deceased parents before the Citizenship Act 1959, Jean 1961

Persons minors off adult before committees Citizenship.

Sons of Kuwaiti divorced or widowed and abandoned by her husband.

Adult children, while the naturalization of their parents.

With the observation that the majority of those slides bearing:

- Census 1965-1970-1975

- Birth or their children in Kuwait

- Registration request Nationality / Law (100-1980).

- Records of the exclusive low-Nationality of the General Authority for Civil Information for the year (1992)

- Relationship with Kuwaitis.

The second topic: the stage of rejection.

With in 1986 ended the era of honey between slice Bedoon and official authorities in Kuwait and there was a radical shift in the way the Kuwaiti government about the issue of stateless and changed concepts, procedures and policies of the stage was based on the consideration Bedoon "Kuwaiti until further notice delayed," according to statements and promises of official and media to a relationship the denial and rejection of the legitimacy of their presence and their naturalization.

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Here must be noted that the reasons for this radical shift in dealing with stateless not necessarily be related to Bedoon themselves but as a result of the domestic situation of national and regional foreign as the political and security climate in Kuwait in the meantime was filled with wrangling and conflicts between the government and the Kuwaiti opposition at the internal level elections were held Council in 1985 under the frustrations accumulated formed in the hearts of the opposition for years (such as the redistribution of electoral constituencies and the increase of the ten circuits to twenty-five department in 1980, forming a special committee to revise the Constitution (February 1980) the growth of Islamic forces demanding change Article II of the Constitution to become law Islamic "the main source of legislation) * 12 With the beginning of the Council in 1985 was the natural and obvious that reflected the frustrations on the components of their inter-relationship of the legislature and executive in the nature of the discussions and the use of constitutional tools to members of the nation and perhaps most notably the Council rejected the security agreement with the countries of the Gulf Cooperation Council, and requested investigation into the crisis the stock market, known in Kuwait (the climate crisis), and the resignation of the then minister of justice rather than a vote of confidence which, in addition to sharp debates about the excesses of the Central Bank of Kuwait and the details of foreign investment to the state.

On the external level regional was obsessed with the war (the Iran-Iraq) destroyed accounts for a mental decision makers, the official in Kuwait, and that a cause of concern Kuwaiti citizens, has been the state of a series of attacks and assaults different territory and its citizens and its institutions as well as commercial ships and oil in Lake Persian Gulf resulting in to request protection of the state through leasing and registration of ships for the major countries are better able to protect and repel attacks was that the attacks probably as a result of the position of the Kuwaiti sympathetic and supportive of Iraq because the issue raised slogans export of the Iranian Islamic Revolution to Gulf Arab states and the concomitant embrace sectarian led to many of the discharges and the consequences (National and regional) which cast a shadow on the security policies at home, including how to deal with the issue of stateless, especially after it emerged intelligence information security

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(unknown details of precisely) the existence of a group of Shiites Bedoon sympathizers of the Iranian revolution in the Kuwaiti army may be the factor the threat of political and security of the State * 13

Regardless of how the credibility of that information (because there are no firm details are documented) initiated the official authorities to form a ministerial committee on the high level of responsibility includes among a group of security men adult, judges and politicians with experience, and this Committee and in turn generated by a technical committee thumbnail to develop a strategy minutes to deal with a slice stateless in Kuwait, and it was natural to keep pace with these diagnoses and visions to the issue of stateless with what was widely Kuwait's security environment convulsive go to narrow them to the greatest possible picture and here changed the relationship radically between stateless and state authorities with a simple reading of some of the ideas contained in the report which highlights that radical transformation.

(A) Military Bedoon:

Because military personnel, "the army and police, and relatives of residents in the country, representing the most important aspect, and the biggest of the problem in terms of both quantity and type (...) is indispensable to give the children the country, the faithful of the work tasks of such institutions (..) has therefore commissioned Subcommittee to study the situation in military institutions and propose the general framework of the Platform for Action of alternatives appropriate to work in these institutions rather than working from the category of "stateless" and that under the plan for a deliberate process is executed according to a careful and gradual manner.

(B) Procedures for Accommodation:

The organization of residence according to the report according to the following:

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1 - give a time-out for violators of the law of residence and work in the private sector, to provide their passports and supporting documents required by the competent government agencies, to correct their status, as granted after this period of six months of work and residence in Kuwait, who does not hold Kuwaiti nationality, unless they hold an official passport from the State.

2 - where there are numbers of this class will not be able to correct their situations or the lack of capability or lack of desire and as the current circumstances is impossible that the State to expel all those offenders for many different reasons, which requires the need to wait to take action on some cases that are not of interest to begins to raise any concerns with (..) The Committee finds the need to exclude some cases a temporary basis until the study of all aspects of their positions, namely:

- Military personnel working in the army, police and relatives of the first class only.

- Married to a non-Kuwaiti Kuwait, if they are alive or have from them.

- Non-Kuwaiti women married to Kuwait if her husband is alive or have him children.

- Some cases who meet the conditions for entitlement to Kuwaiti nationality under the opinion the competent authority.

(C) In both the civil and private sectors:

Given the consequent prevent the operation of members of the category of "stateless" in government institutions, it is expected that moving these to work in companies and institutions, especially that the sanctions provided by the law work in the private sector trivial and non-deterrent (...) The Committee therefore recommends the following:

- Review of the sanctions contained in the Labour Code in the private sector to make them a deterrent effect.

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- Prepare a list of administrative penalties, which empowers the competent authorities (...) to take deterrent measures against companies and institutions that are repeated breaching.

(d) Indulgence with collaborators:

In exchange procedures restrictions and penalties proposed by the necessity to take all possible means at the various stakeholders to facilitate the granting of residence and to facilitate the procedures to access it for the highlights of his passport and proof of nationality, and cooperate with these bodies to achieve the legitimacy of his residence, including the exemption from legal sanctions.

(e) Controls the changing of names:

Not to accept any requests for members of the category of "stateless" at all with regard to requests for changing the names (...) to this change the risk of exploitation and deception for the purpose of obtaining certain privileges or to avoid sanctions.

(f) Contracts of marriage:

Introduce legislation to prevent the completion of the marriage contract that does not exist for both ends (the husband and wife) proof of affiliation to the nationality of each specific legislation, require that this severe punishment on the offending notary.

(g) Discontinuance of privileges:

Take certain actions that would restrict residents in the category of "stateless", the most important privileges to stop representing the attractions stability or to members of this category (...) Such as:

- Stop exchange of food benefit card - to prevent exchange of driving licenses and prevent the renewal of old ones.

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- Coordination with the Ministry of Information to be circulated to newspapers not to publish articles or complaints relating to the themes of this category - circular to all government agencies not to employ any individual in this category, including public-interest associations and cooperative societies.

- Reconsider the decision of the Council of Ministers on the granting of residential care to Kuwaiti women married to non-Kuwaiti so limited that right to Kuwaiti women married to non-Kuwaiti nationality is specified, which has a legitimate administration in Kuwait.

Does not stop the report when it met the above-said, but the Commission recommended tightening the category of stateless by not accepting their children in public schools and turning them to private schools and are providing financial support for this, as also recommended coordination with neighbouring countries to receive its nationals who are determined to keep them for violating the country's laws.

This report, issued on 29/12/1986 to ensure the diagnoses and recommendations regarding a special slide show Bedoon for the first time, a completely different diagnoses for each show, which was previously unknown, he warns, and refers to the ending of the conditions of residents from the category of "stateless" on both quantitative and qualitative but rather was a "ticking bomb" should act quickly to defuse the wisdom and firmness, also acknowledges that the solution to the problem will not be achieved effectively without making sacrifices may be significant in some respects, that the issue of stateless is a combination of problems complicated the parties and multi-faceted and Related dimensions of security, political, social, economic and cultural It seemed that some aspects of the risk but to hide the coming days is still more dangerous, especially that the target is the country's identity and being-14 .*

In light of the confidential report of the concerns and fears regarding the slice "Bedoons" Maybe that the cluster major in this segment, "as explained previously, " members of the tribes in the desert, and then followed by the Shiite bloc "tribal or civil, " it is clear that the report came in This time due to

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reflection of fundamental factors occurred in the arena of internal and external, namely:

1 - internal working community Kuwait created by the new amendment to the electoral districts in Kuwait in 1980 and confirmed by the elections of 1981, it became apparent the emergence of population density tribalism in Kuwait as a bloc actor at the level of voters and members of the fifty in the National Assembly (27 deputies tribes 0.18 Vice-urban Year 5's Congress east of the Shiite bloc) * 15 a ,which was not visible to the surface of the political and media in Kuwait under the partition election as prior to that date, this obsession of the demographic advantage of Deputies tribal hold of the issue of finding solutions to slide stateless, which belongs mostly to the areas of foreign tribal.

2 - was a clear reflection of interactions Iran-Iraq war on the domestic situation of Kuwait, is evident from the increasing polarization of sectarian (Sunni-Shiite) in the Kuwaiti elections and media institutions, may explain the split community security concerns and the effects of all this on the national identity in the report.

In light of the stated in the report of the ideas and Diagnostics narrow not directly deal with the issue of stateless from the perspective of a legal, humane and comprehensive community began operational steps effective to crack down on stateless and exercise stress, career and community for them to either force them to show official documents that prove they belong to neighbouring countries ( The official authorities have dealt with this assumption as an absolute truth for all stateless) or departure from Kuwait.

Among those steps militant pursued by the authorities, a warning for those working in institutions or the civil sector's need to show passports indigenous and otherwise, the security authorities have expelled them from their work sites and has already been expelled hundreds of them in the period between 1986 to 1990 and was the Interior has announced to stop renewing or the issuance of driver's license in 1987, excluding only members of the military, has prevented the slide Bedoon of the right to free education in government institutions and repulsed the doors of college to them in 1988, and we can

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say in this connection that the formal procedures for stateless conflict altogether with the items and materials Stateless Convention of 1954 which guarantees the basic rights of stateless persons and that Kuwait had not signed it, and has become Kuwait from the date of such report has been criticized all human rights organizations Amnesty International and Human Rights Watch and satellite media, regional and international.

Section III: (indictment stage 1991).

Seems that the external dimension was on the dome was part of the handling of the official authorities in Kuwait with the issue of stateless, Just as was the implications of Iran-Iraq war and a clear and visible on a Bedoon’s slide (attraction sectarian, security concerns) was the Iraqi invasion of Kuwait on the second of August 1990, also the implications are no less important than the response in the eighties.

The onset of military aggression sudden the State of Kuwait by Iraqi forces was the community and the State before an international crisis were not calculated or fitted in advance in terms of plans and strategies, and with the hundreds of thousands of armed forces heavily armed violating the norms of regional and international occupation of Kuwait, was a citizen of Kuwait ethical moral shock added to the shock loss of homeland and subjected to military aggression, due to their access from a neighbour with a regional share the same concepts and values cultural and ethnic groups.

If the position of Bedoon’s slide such as the status of all Kuwaiti divided between two choices: either hold on their land and stay in their homes, whatever the consequences or driven from Kuwaiti territory to neighbouring countries to avoid any possibility of persecution, torture and oppression, especially as the developments in the crisis was rapid and successive moving towards confrontation, hostilities between coalition forces international and Iraqi forces to liberate Kuwait, which increases the likelihood of exposure to increased psychological and physical pressure at home and the possibilities of destruction resulting from the effects of military operations.

Since this event is an event, a military first-class was only natural that the military Bedoons are the ones who shed their lights, and thus there were

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many positions taken by the stateless, some of them defended valiantly in the early hours of the war with Kuwaiti leaders and was able to save what can be salvaged from mechanisms and military weapons to flee out of the territory of neighbouring Saudi Arabia and pays tribute to retired Major General Salem Masoud, who was commander of the brigade the thirty-fifth during the Iraqi invasion of Kuwait, the category of stateless military by saying "attitudes demonstrated the patriotism, as well as Iraqi documents confirmed their bravery and sacrifice in the battle of the bridge and other battles * 16 and some of them was a prisoner in the hands of the invading Iraqi forces, and some of them remained on Kuwaiti territory and a group cited in the war, and there is a simple slide left on the part of Iraq or preferred to stay in the Kingdom of Saudi Arabia or other countries.

Among the more complex cases in a slice stateless, that group that took place under the pressure of necessity, coercion or dispose of auto-up in the statements of the so-called "Popular Army" of Iraq, which was considered a betrayal of the fatherland, and so it is not circular the situation to the launch of the provisions of the non-objectivity of those category, rationality leads us to distinguish between compelled and registered their own volition, Cases of coercion of the arbitrary character followed by the Iraqi forces were multiple forms and images on each resident on Kuwaiti territory, including, for example, that group of Kuwaitis, who was kidnapped under the force of arms to form a government phantom image interim Kuwait , and also link the issue of refuelling stations in the inevitability of the development of the new license plates issued by the Iraqi authorities invasive and there is also forced at gunpoint to make statements in support of the media invasion.

What we are interested in the overall all these consequences many of the Iraqi aggression on Kuwait, that despite the appeal of the Kuwaiti officials in Saudi Arabia to comply with the invading forces in order to preserve life, the question of accession of the People's Army for the person stateless himself or his relatives obsessed with large cantered around all obstacles to survive and continue in Kuwait, as has also become a matter of "with Iraqi assets" to accompany the statements of many of the stateless constraint serious security with the survival of security relations between Kuwait and Iraq open

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to all possibilities of tension and explosion into the Iraq war that toppled the former Iraqi regime in 2003.

The Secretary of the Executive Committee for Illegal Residents Brigadier Mohammad Subaie "There are a lot of documents in the possession of the Executive Committee confirm the involvement of a number of unidentified nationality with the forces of the former Iraqi regime has shown the brutal Iraqi occupation of Kuwait (..) and there are documents proving join some to Iraqi Popular Army and have signed personal while there other documents that confirm payment of a number of unidentified nationality funds and salaries for their services which they presented to the deposed regime * 17 adds Subaie elsewhere to meet him that there are 16 558 Bedoons involved belonging to the People's Army and bear arms, and transportation * 18.

As a result of interactions of popular and legislative parliament with the created by the Iraqi aggression from internal problems in Kuwait, it was clear that the issue of stateless was occupying particular importance in the parliaments that followed the liberation of Kuwait and the first Council in 1992, and under pressure parliamentary Kuwaiti government to close the Bedoon’s file that appears with each external event in Kuwait, leaving behind a lot of security implications, community and humanity, the Government represented by the cabinet drafted a decree No. 221 of 1993 on the establishment of the Central Committee to address the situation of illegal residents (which select their three years) that the role is the following:

- Implementation and follow up the decisions and directions adopted by the Council of Ministers concerning the resident in the country illegally.

- Take appropriate action on cases of illegal residents in the light of the results of a comprehensive inventory of such cases and in accordance with the laws and taking into account the requirements of the national interest.

- To propose draft laws as it deems necessary to achieve the desired objectives.

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- To submit periodic reports to the Cabinet include the Committee's recommendations and the results of its work and the obstacles that may impede their work and suggestions on them.

With the passage of the period established by Decree No (221) with respect to the Central Committee it was clear that he did not reach the government to perceptions of well-defined on the slice of stateless persons, and the method of psychological pressure, functional and civil society is prevailing in that period, while those solutions are absent, which invited the Board through its committees and the statements of deputies to put pressure on the government to find practical solutions and clear of the issue, and here the government initiated the review of the conditions of the Central Committee (which is not of its powers to take any decision related to nationality) and the issuance of Decree No. (58) for the year 1996 with the establishment of the Executive Committee for Illegal Residents, and clear change in the name of the Committee (Central) to the (executive) that the government wanted to give an executive nature to resolve the issue of stateless particularly as it headed by the Minister of Interior and the membership of:

- Secretary General of the Council of Ministers

- Undersecretary of the Ministry of Foreign Affairs.

- Undersecretary of the Ministry of Interior.

- Director General of the General Authority for Civil Information

Here, it was agreed between the legislative and executive powers that the Minister of the Interior to inform the relevant committee in the National Assembly to address the issue of stateless (the Committee for the Defence and Interior).

Among the most prominent can be seen with regard to the situation of stateless persons on the point in time that followed the liberation of Kuwait from Iraqi occupation, is the transfer the case to the stage of the charge to stay illegal, unlawful and this name alone is likely to put "stateless" rights under psychological pressure and a great humanitarian and that policies

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Official concentrated on with those people become security policies from a first-class, has suffered a slide of Stateless psychological pressures and social and functional high to puberty on the results and conclusions convinced by the official authorities, namely: that the slide stateless their nationalities original hidden them in order to obtain Kuwaiti citizenship and enjoy the prerogatives .

In the absence of access to that goal (often does not reach his official authorities of that assumption based on intuition and trial of intentions), the authorities and official institutions proceeded to open the doors to the work of agents passports and nationalities of the World to establish and media promotion in Kuwait since their ads are shown and meetings in the local press, of in order to provide the service modified the legal status, has been accompanied by policy measures severe deprivation slice stateless all their basic human rights (such as travel, freedom of movement, driving license, health care, employment in the public sector and private, property, birth and death certificates, and marriage documents and other ) and make this status members of stateless victims of agents of passports, and nationalities and forged many of them have passports and nationalities of the countries of the African and South American does not know the names of capitals, and do not know where is located the state on the map.

We have to wait until July 2006, at the sign for the first time you get in the history of the Kuwaiti parliament, has 30 deputies in the Kuwaiti parliament of the 50 deputies to submit a proposal for the establishment of a temporary committee to study all the motions of dealing with situations of unidentified nationality "stateless" to be composed of 5 members and be Terms of reference as follows:

1 - Parliamentary consideration of the proposals in this regard.

2 - Studying the laws of the proposals and projects on issues relating to stateless "social and living conditions and humanitarian"

3 - Study and opinion, as referred to it by the Council on non-mandated unidentified nationality * 19

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With all of those phases of the issue of stateless persons in Kuwait (recognition, rejection, accusation), it is clear that the Kuwaiti Nationality Act promulgated by Decree No. 15 of 1959 had kept pace with these stages, by legal changes and legislative heading towards narrowing the potential for stateless citizenship Kuwait, The longer the amendments eleven articles of the two and twenty substance that contains the law of nationality, which the latest confusion I have many members of the slide Bedoons, some of them after that arranges ordered to provide evidence that would enable them to obtain citizenship were surprised that the laws have changed thus impeding their access to citizenship Kuwait 0.19

Take for example some of the amendments that have been forbidden Bedoon of Kuwaiti nationality, Article 3 in the 1959 law had provided in its first paragraph, a Kuwaiti, "who was born in Kuwait or abroad to a Kuwaiti mother and an unknown father or did not prove his paternity legally or if the father of unknown nationality First nationality "* 20, and amended by decree law No. 100 of 1980 deleted the words" or was the father of unknown nationality first nationality "and here was deprived of all cases of stateless persons enjoy the rights of citizenship Kuwait as a result of their marriages to citizens and deprived children of Kuwaiti women also enjoy the privileges nationality mother * 21.

As for the Article IV in the Kuwaiti Nationality Act of 1959, which provided for "may decree upon the Chairman of the police and public security granting Kuwaiti nationality to every foreigner at the age of majority if he meets the following conditions:

1 - The project has make the path of habitual residence in Kuwait, a fifteen-years sequences at least prior to applying for naturalization or eight successive years at least if it's Arab, belongs to an Arab country .

2 - Have a legitimate reason for a living, and be of good conduct has not been convicted of a crime involving moral turpitude.

3 - To know the Arabic language * 22.

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Has been amended so that the length of stay for foreigners and the Arabs since the date of the decree (No. 2 of 1960) also limited the number of naturalization should not exceed fifty per year, and the amendments in 1980 that increased the term to be twenty years consecutive for foreign and fifteen of the Arab linked to the task of identifying enemies of the naturalization of the Cabinet , also entered for the first in the 1982 amendments to the Islamic religion as a basis for granting citizenship.

With respect to Article V, known item great service in the Kuwaiti Law of 1959, which states "may not fulfil the conditions set forth in the preceding article granting Kuwaiti nationality law for every Arab belongs to an Arab country and have led to the Emirate of Kuwait great services returned to the country's great benefit," * 23 have been infected Many of the amendment in 1960 as a condition to the person claiming the nationality of the need for proof of residence in Kuwait before 1945 for Arabic and before 1930 for non-Arab has been added by amendments in 1966 born in Kuwait, a Kuwaiti mother and the Governor of the residence and his father was a foreigner, and emerged in 1972 law great human grant citizenship to those born in Kuwait and maintained a residence, and studied its own schools until the completion of secondary school but was cancelled after this paragraph that benefited nearly three hundred people.

Biggest problem that led to the complexity of questions of nationality and the granting of citizenship, are the dimensions of conflicts of nationality jurisdiction, in accordance with the fifth paragraph of Article I of the Act establishing the Department of Administrative Disputes (No. 20 of 1981) are involved in the consideration of administrative decisions final submitted by individuals and entities other than the resolutions of the questions of nationality, is to use a firm and strict in the interpretation of the concept of sovereignty makes the official authorities at the site of judge and jury on that one.

The official position of the Kuwaiti international conventions, is a reflection of the militancy in the issue of citizenship as a sovereign right, and here we find the site of international conventions with reservations on articles related to ensuring the right of citizenship, such as Article VII of the Convention on the

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Rights of the Child, adopted in 1989 or abstention from signing as happened in the Conventions (the 1951 Refugee, stateless, 1954).

Chapter II: The negative effects of the crisis

In light of this historic track, which was formed by the issue of stateless in Kuwait and the variation of official policies in place about the slide in question, as a result of internal and external factors was clearly the absence of desire and will in the development of legislative mechanisms and legal to solve the dilemma, making it complicated and intertwined more and more, It was apparently that the authorities had left, but based on that time will solve it, either to initiate personnel Bedoon extracting their documents of origin due to pressure security and livelihood for them, and if these assumptions are correct, it has not achieved only on the slide them left out of Kuwait, especially after the liberation of Kuwait in 1991, while most of them remained on Kuwaiti territory, convinced that they are eligible for Kuwaiti nationality including a campaign of documents demonstrate that it is not their homeland than Kuwait.

With the difference that official policy direction of the slide Bedoon in Kuwaiti society, it remains that it left the implications and negative effects on several members of that slide have affected all aspects of their lives and livelihoods, including that the slide had lived together with the citizens of Kuwaiti society, then surely that those consequences have affected the community in general, and damaged the image of Kuwait Regional and international as a result of repeated criticism from NGOs and international organizations.

Through the context of Chapter II, we discuss the most negative effects caused by the official policies to members of a slide stateless.

For the Study of the first: the deprivation of rights

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There is no doubt that the way to deal militant with a slice of stateless persons have been heavily damaged and direct for this segment of community and lies enormity of being complex, enters the psychological aspect to the community and education to security has generated major negative impacts need to type of diagnosis, scientific research, including that the researcher in such diverse effects cannot be covered those aspects as a whole, because the question you need to work a common collective of specialists in many areas in addition to the surveys the field, it is inspired by the deprivation and restriction, we can imagine the size of the great suffering using what is available to our views and information and samples may provide a picture of the quality and expressive nature of the suffering experienced by a slide stateless.

Is considered a stateless mixture of members of the staff corps of military (both internal and defence) and those who work in business, and some journalists, actors and singers and specialists in the areas of science are rare, such as medicine, computers, others are trading on the stock exchange * 24, but that these cases can not reflect the real situation in general stateless persons, majority of them are not employees or those with fixed incomes, but working in areas very difficult when a lot of effort and fatigue as the earnings material at very low, it is concentrated, for example, in the stalls when in public places and markets where they sell a simple set of clothes and toys children and household utensils, and others in the widgets used in the market eponymous market "Friday" offset in European countries markets, "Sunday," let alone work in the popular markets and shops as vendors , taxi drivers, delegates and reporters to private companies, and these institutions do not need the polarization of without working with documents The official papers that is outside the framework of formal laws and the umbrella of the state and most likely to be subject to inspection and administrative control and security have the stateless to hide sometimes be subject to arrest them.

How to deal official with a slice of stateless persons is one of the roads full of contradictions was born suffering deep among a stateless also painted signs of surprise and astonishment of many insiders and observers, concerned with the national and humanitarian situation in Kuwait, Take for example the civil

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status of workers in the armed forces and security services are as we find There are administrative decisions give military personnel who participated Arab war (1967-1973) the right to a pension, while deprived of the right of those who participated in the war to liberate Kuwait in 1991, a war of national territory and the country mean Kuwait! , And we find the great paradox also in the right amounts of the end of military service as trapping the amounts in the ministry is not to give to the military unless revoked and his civil obtain the nationality of any country outside of Kuwait, this procedure applies to all military participants wars, the Arab region and also the war to liberate Kuwait, She had issued oral information in 2005 to give military Bedoon who stopped the service and did not return to work the equivalent of one half of the end of the service except that those decisions interpretation did not take the process of implementation and ratification in spite of the notes prepared in this regard, it is known that the military who have been dismissed for any reason or Latest did not return to their work, including the participants a war to liberate Kuwait in 1991, they did not receive the amounts of the end of the service as they did not succeed, reflecting on ordered them to employment in other sectors are suffering severe hardship, in an interview with someone and his son, accompanying him, when he said "participated war to liberate Kuwait in 1991 with the Coalition forces and obtained military honours, was pressed to get a document of nationality abroad I could not, despite the promises of brokers, after the end of term was given to me has been fired from work and did I get my rights unless I edit and put civil, and now I'm without a job, I live in a special supplement home A well-wisher and I live on the gifts of people who visit them, this is my son, who accompanied forced to stop teaching, for not being able to afford tuition fees, a semi-literate is almost difficult to write his name has reached the age of fifteen "* 25.

If the Status of Stateless military relatively better off due to the availability of a fixed salary (more than in most cases, BD 1000) and that the State no matter how I went away to deprive them of their rights but they need them due to lack of interest on Kuwaiti youth to work in this sector, the stateless persons working in the civilian sectors are most among Bedoon affected majority working in shops and markets popular range salaries in the (100-150) KD per month, a pittance is not enough at all to cover the cost of living is expensive,

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and many of them bear the responsibility to help and assist members of their families remaining, Yet these small amounts are often working in these areas are subject to arbitrary expulsion from employers who ask them to work long hours in the day and sometimes they have to do other duties additional to agreed.

Tells me a members of the stateless that he was working from six in the morning until seven at night, however he was convinced his work because it works with one of the regional institutions in Kuwait and is credited with the amount of additional pay overtime, but his younger brother works in a cooperative societies with a salary of 150 KD per month and has received three months ago due to not being able to open a bank account in a bank (ask the civil ID, etc.) and including that the policy of cooperative societies in the delivery of salaries through bank checks only and cannot pay cash, it was forced to persuade his brother to give up that salary with promised to give that amount in compensation from his own money, and the fear of irresponsible brother and his troubles for a fight and quarrel with the association, leading to serious consequences for the least checked in prison, as well as not to exhibits his brother, the behaviour of the deviation and to join the Clp injecting grain and illegal drugs who are not afraid to commit robbery, kidnapping, assault on others * 26

With regard to the negative effects of the major left deprive the children of stateless persons the right to education, especially at the primary level and there are many (ignorance, illiteracy, backwardness) and the other was a place of constant criticism by international organizations and some members of parliament and a lot of activists in the area of interest in the case like shikha ( AWRAD ALSABAH ) (which has adopted a teaching 500 children at a school in Jahra, 30 km from the capital of Kuwait), as he got political tension between the executive and legislative power because of the impact of the MP Hassan Jowhar to raise the issue across the gradient using the constitutional rights, beginning by asking questions to the Minister of Education and then the numbers the axes of interrogation and the escalation of the confrontation media and others, Government has initiated the allocation of fund charity in this regard in September 2003 take care when

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(General Secretariat of Awqaf, Zakat House) from General (2004-2005), except that the registration process encountered many obstacles official, including the naming Charity Fund to teach the needy to escape the label of stateless persons and the requirement of a birth certificate of the child despite the fact that the Ministry of Health cannot be given birth certificates for this slide, then the introduction of the Executive Committee of residents illegally with a hard-line position of stateless in the management of the fund and also restricted to bear the cost study of school children elementary grades only, without the other.

In terms of health care, the stateless persons are treated like residents of other nationalities working in Kuwait, despite the poor service provided by the public health sector where the moans of Kuwaiti and non-quality and performance of the health insurance system dedicated to the treatment in the health institutions (hospitals - clinics) at least sarong is the other level of health services, the individual (winning card of the Executive Committee) of the stateless pay 6 dinars to get insurance card, which extends for a full year, and pay for each revision of the hospital two dinars and whether a comprehensive review of the doctor and x-normal, the radiation specialist ( colour, CT scans) in addition to surgical operations and booking rooms, they paid the price and very expensive, but for non-holders of health insurance it is they have to pay five dinars for each visit and often resort groups of stateless persons (due to lack of sufficient funds for health insurance for all family members) to the ways around about the policies of the hardliners, the relatives of the Kuwaiti use cards civilian relatives of non-audit managers in the health institutions, features his picture in the card with the references (the patient) and others are forced to use the cards, health insurance free of pictures of children are frequently the children of many families in the areas of stateless persons, and reminds one of individuals the slide that there are drugs in their pharmacies especially for Kuwaiti and other private for expatriates and stateless persons, and sometimes sympathetic doctors with the auditors patients stateless once you see the leaves and the advise them and give them prescriptions for private, non-formal for the purchase of drugs from outside the hospital if the price of medicines is less than the value of the dinar they pay to manage the hospital through the stamps paid * 27.

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For the great suffering incurred by the slice stateless persons in their reviews of the Jahra Hospital, where the largest population density of them, says one of the female Kuwaiti women in the management of the hospital itself, "not a day passes without witnessing the humanitarian situations of stateless persons cannot confront and be subject to confusion and emphasizes some of the sympathy of others, because of the high cost of treatment fees that they cannot repay because of too strict procedures regarding the conditions and required documents to receive the right to health care, for example, suffer from a problematic day of men Bedoon who want to complete the procedures their wives after childbirth What is needed is a marriage contract authenticated by the Ministry of Justice in order to exit the wife of hospital after birth, including that massive numbers of stateless persons do not have formal contracts, we reject administrative contracts (religious civil) for marriage and do not recognize all the cards and other documents here are begs a lot of them and respond to us Do not you know that the official authorities do not give us the contracts official marriage then why embarrass us with this request? * 28.

As regards the right to obtain a license to drive car it after a long wait, the official authorities of the Ministry of Interior on January 6 (2007) The process of exchange drivers licenses to stateless persons, but they were still subject of great controversy and strong opposition by those interested on the issue of Kuwaitis and a large part of the stateless, as they are temporary and placed indefinitely residents illegally, a denomination is rejected and is considered by many as being more like a means to prove something is a reality and that stateless persons belong to different nationalities and apply to them as it applies to residency violators of the sanctions, but that a small group of stateless forced to obtain a license because of the urgent need for driver's licenses and spend the necessary distract as well as to avoid security breaches due to lack of access to the license.

Psychological effects and community also extends to the rights of an urgent humanitarian such as the right to marry is never documented marriage contracts in the Ministry of Justice, which led to the spread of spinsterhood for women and led to the delay young people from embarking on marriage

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and many of them have taken refuge in neighbouring countries in order to document the marriage contracts such as Bahrain, Saudi Arabia, for example, and others could not Due to their inability to obtain a passport rule (17) relating to stateless persons to travel abroad, although they obtained many of the countries do not grant visa to enter the territory for this type of travel document ,say a media Bedoon that every time they travel with this passport is being subjected to questioning and investigation because of its kind and colour ( a gray colour), which is different from the laissez-Kuwaitis coming to airports in some countries * 29, and is well known that cases of granting the passport limited to three (treatment, pilgrimage, to supplement the study) and those who demand to provide documents to justify his need and the reasons for his departure and when he returned to Kuwait Airport pulls him that it is permissible , and there are a lot of patients who wish to perform Hajj could not obtain a passport because of security restrictions and their inability to provide (medium), which enables them to get it easily.

Denial of basic rights in life that are incompatible with the concepts of humanity and the Constitution of Kuwait reflected in the psychological reality of the environment, family and community to stateless persons and have had multiple effects.

We can see the size and the multiplicity and complexity of the damage and the consequences resulting there from major cross this table:

- The quality of abstract rights ------> consequences

1 - The right job ------> unemployment, theft, vacuum, contraband trade, begging.

2 - Learning the right ------> ignorance, illiteracy, lack of production, retaliation, retardation.

3 - The right of a driver's license ------> repeated violations, challenge the authority of the law.

4 - The right to health care ------> spread of diseases due to blocking of some medicines and treatment procedures and the high cost of health.

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5 - The right of movement and travel ------> sense of self of the individual that he was under house arrest.

6 - The right to express ------> societal misunderstanding of the phenomenon, psychological oppression.

7 - The right of documented marriages ------> spinsterhood, search for alternatives is immoral.

8 - Right to Nationality ------> weak sense of belonging and loyalty, and hatred against the state and society, disruption of the demographics where the overwhelming majority of the arrivals at the expense of citizens.

9 - All of the above ------> discredit the State abroad, significant damage to the Kuwaiti society through such serious consequences, high crime rates, loss of value of states of law and human rights.

The case was members of the stateless healthy difficult as hosts of the suffering of those with disabilities to double because of their health and physical health, they suffer from intense pressure to provide health care for their condition as they incur huge sums of up to five hundred dinars to buy a wheelchair while they do not receive any salaries Monthly like the Kuwaitis.

Section II: High crime rates

With the increasing militancy and pressure the official government to members of stateless persons by depriving them of their human rights (health care, education, employment, mobility, etc.) of naturally growing with the behavioural phenomena of negative pro-such as resorting to violence, delinquency and aggression, it is natural to have psychiatric symptoms accompanying such as depression, anxiety and poor self-esteem and loss of identity and status in the system of community * 30, in addition to that there is a clear relationship between illiteracy and ignorance (results from the deprivation of education) and the motives leading to the commission of the crime, as according to studies and research of the victims Victim logy, was evident in the recent effects of the Great in pressure on the stateless and

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deprived of their basic rights to high rates of crime rates among the stateless even seemed numbers alarming as outlined records issued by the Interior Ministry, which is divided crimes according to the nationality of the perpetrators, as statistics indicate in 2006 that the share of stateless persons from such crimes large, they fall in second with 508 crime won the male of which 492 female and 16 crime, after the Egyptians, whom they came first, the number of 549 crime committed men, including 531 women, 18, and then came the community Bengali III to 451 crime men share, including 441 women, 10 * 31 and call us here substantive to say that the increasing rates of crime committed by members of stateless persons resulting from the stress by restricting them and deprive them of their basic rights, and increasing crime rates with increasing policy restrictions that, in the period that went public authorities to the fullest extent in the provision of payments gradually stateless for investigation into the forgery and to make false information regarding their civil status from 2000 increments some of the riots, including the burning of three members of the Stateless two buses belonging to the police station, Al-Jahra has fled the scene leaving a sign on cardboard that read "Beware Bedoon" After the investigation with two of the confessors of committing the incident, saying that " motive to commit the incident is the difficult living conditions and actions taken against the unidentified category of sexual repression, injustice and who are exposed to this category ".* 32

Has reached the issue of stateless most tensions leading to the suppression of anxiety and psychological impact of the deadline given by the Government 27.06.2000 them, otherwise it will be brought to trial has been the slide in front of members of the three possibilities are open (as identified in this plan).

Outlook security

To meet the conditions of naturalization ----> according to the law of the 2000 annual ----> remaining fundamental rights granted until the Reserve role.

Made of false information and who has relatives from other nationalities ----> referred to the prosecution on charges of forgery in official documents ---->

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court's ruling will be as follows: - innocence - the fall issue of limitations - sentenced dimensions (24)

Who did not score in the final ----> Committee shall be referred to public prosecution on charges of illegal residence in ----> court's ruling will be as follows: - innocence - the fall issue of limitations - sentenced dimensions (24)

And often fail to security plans adopted by the Ministry of Interior to investigate members of stateless persons and the issuance of orders and judged them away due to lack of readiness of any State reception and recognition, and in spite of the Ministry continued to follow this procedure, which developed and put the state in the positions of very embarrassing in front of local media, regional and also International, has been reported in the media in 2003 news of a prisoner of stateless persons, who went on hunger strike and sew his mouth to protest the lack of determining their fate in prison for four months due to extraction of a false passport from Portugal and the nineteen inmates locked up with him for the same reasons they have the same strike idea of solidarity With * 33 The year 2006 witnessed similar incidents reported by newspapers for the custody of two of the stateless (Fahad Al Obaid, Yasser Hadi) for the same reasons related to access to fake passports are sold in Kuwait.

In the living conditions are deplorable and policies of pressure and oust illegal is expected to be members of the stateless display the possibilities of their involvement in gangs specialized terrorist operations, and others, ruled the criminal court sentenced three of the stateless for ten years in jail and force, and ordered their deportation after the execution of the sentence on charges of possession of explosives and materials enter They formed in the installation of a cell with Algerian people to do business explosive * 34.

Section III: Identity Crisis

Often the development of stateless civil Kuwait replace the surprise and amazement Bedoon themselves as well as some official institutions such as public-interest associations, as well as institutions and regional organizations and international understanding of living an identity crisis as there is no institutional mechanism of law to deal with them as an instance name and

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legal status and a civilian, a stable and fixed, they are not Kuwaitis, because they do not Hold the nationality of the country as they are not the arrivals of foreigners in Kuwait as it did not have residence status, and does not deal with them that they are stateless, as Kuwait did not sign the Convention on Stateless Persons of 1954 does not want to be signed so as not to result in legal consequences, has chosen Formal policies restricting them as foreign violators of residency laws and worked to create the conditions for them to buy passports and citizenship documents to many countries around the world (e.g. Eritrea, the Dominican Republic, Liberia and other countries) comes in spite of their presence long historical and the birth of generations of them on Kuwaiti territory.

These policies and contrasting visions in the way of dealing with stateless persons starting from the many changes that have occurred on the named end of the tightening them in the civil rights and the denial of status and they are historical, although there is evidence of that, created in fact a crisis of loss of identity to members of stateless accompanied by psychological symptoms associated with such Disorientation and melancholy pessimistic view of life and loss of confidence in the other, suspicion and loss of hope for the future, anxiety, depression and obsessive-compulsive disorder and aggressive behaviour, and others.

The result of these symptoms in many areas of life in social relations, their writings, their stories, poems in the pattern of seeing and thinking, and imagination, even now there is a culture can be all the "culture of stateless, " which highlights the motives feeling of sadness and tragedy and the loss of the essential components of identity and citizenship on the globe An example of such abuse in the forums and writings, interviews and cyberspace across names does not disclose denominated the truth, but names are translated tragedy (such as unknown in my country, without fatherland, free, born crusader, a military theatre, steadfast, boy tribe, the wife without, Bedoon and God is generous, a lover of Kuwait, a traveller, a Kuwaiti without, without an orphan, Kuwait, however, alien, a lover of Kuwait, do not despair with life, a resident illegally, lived the yoke, a stateless, close to the solution, Pen of Freedom, sieve)* 35.

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In the areas of art and graphics pampered on the size of the tragedy despite the emergence of many of the paintings, including the flag of Kuwait, models of urban express their loyalty to the state and that they have no alternative homeland, only Kuwait, but are dominated by use of colours, lights, dark and expressive forms of photo sad punctuated by tears and features the faces and hands wrinkled and full of features and fatigue as a result of frustration and depression and the influence of patience and loss of hope all the promises and the efforts of promising the imminent breakthrough and we listed some of the statements written on the graphics:

- The Bedoons issue died drowned at articles in age of fifty years.

- Kuwait University Symposium, Seminar Bedoon talking, talking about the British delegation Bedoon Is whirlwinds of words?

- As we have and we will keep... our screams ... last what they hears.

- Do not be sad.

- Kuwait's stateless brother, how long the silence? You spoke in his case.

- Stateless when the sun of freedom?

- Stateless, the longer the case as human!

- Security restrictions, restrictions for the dignity and humanity!