Prisoners of the past2011

As protestors took to streets throughout the Middle East in early 2011 demanding rights long denied by their governments, Kuwait's stateless Bidun population also held mass demonstrations to protest against years of disenfranchisement and discrimination. Government forces used tear gas and water cannons to break up the gatherings, and detained dozens of apparently peaceful protestors. This report addresses the Kuwaiti government's failure to resolve the longstanding problem of the Bidun, more than 106,000 stateless persons who claim Kuwaiti nationality but have remained in legal limbo since the country gained independence fifty years ago. International law defines a stateless person as one 'who is not considered as a national by any state under the operation of its law,' and calls upon countries to consider an individual's personal, social, and economic ties to a country when evaluating citizenship claims. Stateless Bidun in Kuwait face violations of their right to government-issued documentation, and often are unable to obtain birth, marriage, and death certificates as well as passports, leaving them marginalized and disadvantaged. Uniformly classified as 'illegal residents' in the country of their birth, they may be denied access to primary education, health benefits, and gainful employment. This report urges the Kuwaiti government to address the Bidun's protracted statelessness by providing a timely and transparent process for reviewing their claims for Kuwaiti citizenship, and by repealing local laws barring such claims from judicial review. The report calls for the amendment of current restrictive nationality laws that discriminate against Kuwaiti women by denying them the same citizenship rights as men and result in new cases of statelessness each year. Prisoners of the Past also calls on the government to ensure the rights of the Bidun while they remain stateless by providing them with access to identification documents, education and health rights, and legal employment.