Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Registered Bedouns

In correspondence with the Research Directorate, a representative of Group 29, an NGO advocating for the human rights of Bedouns [also spelled Bedoon, Bidoon, Bidun, Bedoun (Bedoon Rights n.d.)] in Kuwait, stated that the Central Agency for the Regularisation of the Status of Illegal Residents (Central Agency) [also referred to as the "Bidun commitee" (Human Rights Watch June 2011, 4) or the "Central System" (Group 29 8 Mar. 2016)] is "the only authority" responsible for managing the situation of Bedouns in Kuwait (ibid.). According to a 2011 report by Human Rights Watch on the situation of Bedouns in Kuwait, "unregistered Bedouns" are persons who "have either been refused renewal of their security cards [also referred to as "review cards" (Kuwait [2011], 5) or "green cards" (Human Rights Watch June 2011, 5)] and had their claim files closed, or who have been denied security cards altogether" (ibid., 59).

2. Security Cards

In a response to a Human Rights Watch letter to the Ambassador of Kuwait in the US, the government of Kuwait states that there are two types of security cards that are issued to Bedouns by the Central Agency:

The first type: Its duration is two years and it is issued to those registered in the 1965 census [1] or those who have proof of long-term residence in the country from that year or prior to it.

The second type: Its duration is one year and is issued to the remaining groups who are not registered in the 1965 census and do not have proof of long-term residence from that year or prior to it. (Kuwait [2011], 8)

Without distinguishing between the types of cards, the same source indicates that the security card "establishes that its bearer has a set of rights, benefits, and facilities" that were included in the Council of Ministers Decision No. 409/2011 (ibid., 9).

In a report submitted to the UN Human Rights Committee, Human Line Organization (HLO), Social Workers Society (SWS) and Musawah Group [2] indicate that Bedouns who are registered with the Central Agency are issued "security cards" that allow them to access "basic services," including employment with the public sector (HLO et al. Aug. 2015, 12). Sources indicate that Bedouns who are denied these cards are also denied these "services" (ibid.; UK June 2014, 2, 13). The HLO et al. report states that, if a person has a "security restriction," he or she will be denied "security cards" (Aug. 2015, 12). The report further indicates that a "security restriction" is a "note on a person's file" and that some persons under such restrictions are denied security cards (ibid.). According to a Group 29 report submitted to the UN Committee on Economic, Social and Cultural Rights, "security restrictions" are set by the Central Agency and are not subject to administrative or court appeals, and can limit employment (Group 29 June 2013, 3).

3. Legislation

In a 2013 tribunal decision case concerning documented and undocumented Bedouns in Kuwait, the Immigration and Asylum Chamber of the UK's Upper Tribunal [3] found that,

though under Kuwaiti law only those with legal resident or citizen status can legally hold employment (so not including green card holders), the government has made limited exceptions and allowed Bidoon to hold certain government jobs. (UK 26 Nov. 2013, para. 85)

In a report submitted to the UN Human Rights Committee, the government of Kuwait states that the Council of Ministers Decision No. 409/2011 granted "illegal residents" a "full range of humanitarian, civil and social benefits and facilities" (Kuwait 8 Dec. 2014, para. 51). The submission notes the following provisions in terms of employment for Bedouns:

• With regard to employment in the public sector, the Civil Service Commission has agreed to accept applications by illegal residents to fill vacant posts in government ministries [4] [.]
• With regard to employment in the private sector, a website has been set up in collaboration with the Kuwait Chamber of Commerce and Industry and the Ministry of Social Affairs and Labour so that job applicants can be distributed in the private sector in accordance with the available vacancies [.]
• The salaries paid to illegal residents in the public sector are determined on the basis of those to which the applicant would be entitled if he were appointed in accordance with the Civil Service Act and its implementing regulations and also in the light of the type of post that he occupies. There is no discrimination in favour of civil servants who are legal residents. Remuneration in the private sector is determined by the contract signed between the two parties [.]
• Employment in the cooperative sector is coordinated with the Union of Consumer Cooperative Societies so that job opportunities can be provided for illegal residents [.]
• Men and women enjoy equal employment opportunities without any discrimination between them [.] (ibid.)

4. Employment in the Public Sector

In a report submitted to the UN Committee on Economic, Social and Cultural Rights, the government of Kuwait states that the following steps were taken in regards to the implementation of the Council of Ministers Decision No. 409/2011:

[i]n the government sector, an agreement was reached with the Civil Service Department on the qualifications that such persons must have (a diploma, a baccalaureate certificate, a Master’s degree, a doctorate). They must have been registered in the 1965 census or be able to prove that they have been in the country for a long time in order to be eligible to work for the Department. Appointments are made to posts in government agencies based on work demand [.] (Kuwait 3 Sept. 2013, para. 9 (E) (f))

According to the same source, "new categories of persons were added to the lists for employment by State ministries," and include:

• [t]hose who regularize their status and to whom passports for their home country are issued as a precautionary measure;
• children of military personnel that have taken part in combat or that took part in the war for the liberation of Kuwait;
• children who are illegal aliens and whose mothers are Kuwaiti nationals;
• people with diplomas in nursing or emergency health care;
• wives of Kuwaiti nationals who have a child or who have been married for five years or more; [and]
• graduates of sharia secondary schools. (ibid.)

A 2013 report by the HLO states that some conditions for employment in the public service were modified and persons who hold a nursing diploma, and children of a Kuwaiti woman or a soldier who fought in the wars [of 1967, 1973, and 1991] are exempt from the 1965 census requirement (2013, 8-9). Local Kuwaiti newspaper Kuwait Times quotes the Central Agency's Assistant Secretary as stating that persons with nursing certificates, persons employed to perform prayers in mosques, children of Kuwaiti mothers and soldiers who fought in the wars are exempted from the requirement to hold a diploma or a higher-education degree (11 July 2015).

However, in correspondence to the Research Directorate, a representative of Group 29 stated that the requirements for employment, as set by the Central Agency, include "proof of 1965 census, Kuwaiti mother or a father working in the Kuwaiti military, and not having security restrictions" (8 Mar. 2016). The representative further added that, according to a brochure issued by the Central Agency on the application of the Council of Ministers Decision No. 409/2011, "Bedoon employment is limited to teaching, nursing, muezzin [persons who lead and call for prayers], and low pay administrative jobs" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4.1 Implementation

In the submission report to the UN Human Rights Committee, the government of Kuwait states that 1,419 "illegal residents" were employed in the public service up to March 2014 (Kuwait 8 Dec. 2014, para. 51). On 11 July 2015, the Kuwait Times reported that, according to the Central Agency's Assistant Secretary, 2,571 stateless residents were employed in the private and public sectors in the past three years, including 1,005 who were employed by the Ministry of Health, 471 by the Ministry of Education, and 135 by the Ministry of Awqaf and Islamic Affairs, which represented approximately two percent of the stateless population in Kuwait (Kuwait Times 11 July 2015). Kuwait's submission report to the UN Human Rights Committee also states that 630 Bedouns were employed in the cooperative sector as of June 2014 (Kuwait 8 Dec. 2014, para. 51). The Kuwait Times quotes the Central Agency's Assistant Secretary as indicating that the Central Agency partnered with the Kuwait Union of Consumer Cooperative Societies (UCCS) [5], and that 670 "illegal residents" were employed in 17 cooperative societies as of June 2015 (11 July 2015).

The US Department of State's Country Reports on Human Rights Practices for 2014 for Kuwait cites information provided by NGOs as stating that the government "did not uniformly" implement the provisions of the Council of Ministers Decision No. 409/2011 (25 June 2015, 18). In its 2012 Shadow Report to the State of Kuwait's Second Periodic Report Presented to the Committee on Economic, Social and Cultural Rights, the Kuwait Society for Human Rights, a Kuwaiti NGO that advances human rights in Kuwait (Human Rights Connected n.d.), states that the Central Agency has "imposed exceptional conditions" for the employment of Bedouns in the public service, "limiting them to specified-terms contracts applied only for technical jobs with no career path, and excluding them from administrative positions, depriving remunerations and exposing them to abusive dismissal without reasons" (Kuwait Society for Human Rights Dec. 2012, 3). According to Amnesty International (AI), Bedouns face "severe restrictions" in accessing employment and "[b]ecause of the discrimination they face, [those] who are able to work in the public sector accept lower wages and poorer terms of employment than Kuwaiti citizens" (AI Sept. 2013, 2).

Group 29 states that stateless dentists employed by the Ministry of Health receive lower salaries that do not exceed US$1,800, compared to salaries that start at US$5,400 and US$2,700 for Kuwaiti and foreign dentists, respectively; they are further only paid half of their salary during three months in the summer, which is considered as overtime (June 2013, 5-6). The HLO similarly indicates that dentists employed by the Ministry of Health work as subcontractors, are not eligible for severance or vacation leave, are paid half the salary during the three-month summer period, and their salaries do not exceed US$2,136 compared to salaries starting at US$ 6,410 for Kuwaiti and US$3,205 for foreign dentists (HLO 2013, 9).

Sources report that in September 2012, the government employed 137 Bedoun teachers (ibid., 8; Group 29 June 2013, 4). However, Group 29 states that in the summer of 2012, the Ministry of Education issued a decision that denied maternity leave and summer salaries to stateless teachers (ibid., 6). Similarly, a 2012 article published by Bedoon Rights, an English-language online portal providing reference information on the situation of Bedoons in Kuwait (Bedoon Rights n.d.), states that, according to the Kuwaiti newspaper Al-Watan, Bedoun teachers would not receive summer salaries and female teachers would not be eligible for maternity leave (ibid. 12 May 2012). According to an article published by Newsweek, the salary of a Bedoun teacher with a university degree was US$1,181 per month, including bonuses, which was "much less" than the salaries and benefits offered to Kuwaiti teachers (3 Feb. 2016). A 2012 article by Bedoon Rights states that a starting salary for teachers was up to US$4,000 and US$1,300 for Kuwaitis and expatriates respectively; those Bedouns who are "exceptionally" hired by the civil service are not offered contracts, rights or benefits and work under a system of "temporary rewards" (12 May 2012). The same source states that Bedouns who work in private schools are paid less than $US 500 (ibid.).

The HLO report quotes the Central Agency's Assistant Secretary as stating that "thousands" of "illegal residents" remained employed as military personnel by the Ministries of Interior and Exterior (2013, 8). According to Country Reports, while there were no legal restrictions prohibiting Bedouns from working in the police or in the army, "authorities had effectively barred [B]idoon from enlisting in either force since 1985. In August [2014] the Ministry of Defence announced it had accepted into the army 700 [B]idoon children of Kuwaiti women and of [B]idoon killed fighting for Kuwait" (US 25 June 2015, 19).

5. Employment in the Private Sector

In correspondence with the Research Directorate, a senior researcher at the Institute on Statelessness and Inclusion (ISI), a non-profit organization based in the Netherlands that advances the rights of stateless persons (ISI n.d.), and who specializes in issues of statelessness and nationality in the Middle East and North Africa region, stated that

[t]he private sector in Kuwait is not regulated as to whether documents need to be shown for employment and therefore neither registered nor unregistered Bidoon are legally prohibited from working in the private sector – this depends on the individual organization. (ibid. 7 Mar. 2016)

The Kuwait Times quotes the Central Agency's Assistant Secretary as indicating that "there are no specific requirements for those seeking jobs" in the private sector (11 July 2015). According to the Representative of Group 29, "Law 6/2010, which regulates work in the private sector, does not include Bedoons in its articles, leading to cases of sudden termination and lack of ability to claim unpaid salaries" (Group 29 8 Mar. 2016). An article by Le Monde diplomatique states that Bedoun work is unregulated, and that, according to an activist, those who work in the private sector "can be made to work all hours, paid less and have no holiday rights" (1 July 2013). Similarly, Newsweek reports that "Bidoons seeking jobs have … been exploited by the private sector which refuses to hire them unless they settle for lower salaries compared with those received by expatriates applying for the same post" (3 Feb. 2016).

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

Notes

[1] According to the Human Rights Watch, the 1965 census was "the last comprehensive census to include the Bidun" (Human Rights Watch June 2011, 6). The Human Rights Watch report indicates that "[i]n 2000, the National Assembly passed Law No. 20, permitting naturalization of individuals registered in the 1965 census and their descendants" (ibid., 18).

[2] According to the report, "Human Line Organization [is] active in the field of advocacy, legal observing and the preparation of human rights reports[;] Social Work[ers] Society of Kuwait [is] aimed at advancing the rights of migrant workers[;] Musawah Group: work[s] on issues of women's rights" (HLO et al. Aug. 2015, 1).

[3] The Immigration and Asylum Chamber is the body "responsible for handling appeals against decisions made by the First-tier Tribunal (Immigration and Asylum) relating to visa applications, asylum applications and the right to enter or stay in the UK" (UK n.d.).

[4] According to US Department of State's Investment Climate Statement 2015 report for Kuwait, Kuwait guarantees government employment for its nationals and 90 percent of Kuwaiti citizens are employed in that sector (US 29 May 2015, 17).

[5] The UCCS "combines cooperative societies operating in the consumer service field in Kuwait. By law, the decisions adopted by the UCCS are binding to all cooperative societies" (ICA n.d).

References

Amnesty International (AI). September 2013. The "Withouts" of Kuwait. Nationality for Stateless Bidun Now. (MDE 17/001/2013) [Accessed 7 Mar. 2016]

Bedoon Rights. 12 May 2012. Nadia Alhusain. "No Summer Salaries, No Maternity Leave for Bedoon Teachers." [Accessed 9 Mar. 2016]

Bedoon Rights. N.d. "About Us." [Accessed 7 Mar. 2016]

Group 29. 8 March 2016. Correspondence from a representative to the Research Directorate.

Group 29. June 2013. Parallel Report to State of Kuwait's Second Periodic Report Submitted to the Committee on Economic, Social and Cultural Rights. 50th Session. [Accessed 2 Mar. 2016]

Human Line Organization (HLO). 2013. The Human Line Organization's Parallel Report to the State of Kuwait's Second Periodic Report Presented to the Committee on Economic, Social and Cultural Rights. [Accessed 2 Mar. 2016]

Human Line Organization (HLO), Social Workers Society (SWS) and Musawah Group. August 2015. The Human Line Organization, Social Workers Society and Musawah Group's Parallel Report to the State of Kuwait's Report Submitted to the Human Rights Committee. [Accessed 7 Mar. 2016]

Human Rights Connected. N.d. "Kuwait Society for Human Rights." [Accessed 8 Mar. 2016]

Human Rights Watch. June 2011. Prisoners of the Past: Kuwaiti Bidun and the Burden of Statelessness. [Accessed 11 Mar. 2016]

Institute on Statelessness and Inclusion (ISI). 7 March 2016. Correspondence from a senior researcher to the Research Directorate.

Institute on Statelessness and Inclusion (ISI). N.d. "About Us." [Accessed 17 Mar. 2016]

International Co-operative Alliance (ICA). N.d. "Union of Consumr Cooperative Societies." [Accessed 17 Mar. 2016]

Kuwait. 8 December 2014. Consideration of Reports Submitted by State Parties Under Article 40 of the Covenant. Third Periodic Reports of States Parties Due in 2014: Kuwait (CCPR/C/KWT/3). [Accessed 2 Mar. 2016]

Kuwait. 3 September 2013. List of Issues in Relation to the Second Periodic Report of Kuwait, Adopted by the Pre-sessional Working Group at its Fiftieth Session (3-7 December 2012). Addendum. Replies of Kuwait to the List of Issues (E/C.12/KWT/Q/2/Add.1). [Accessed 11 Mar. 2016]

Kuwait. [2011]. Report on the Human Rights Watch Report and Response to Its Questions and Inquiries. Translated by Human Rights Watch. [Accessed 11 Mar. 2016]

Kuwait Society for Human Rights. December 2012. Shadow Report to the State of Kuwait's Second Periodic Report Presented to the Committee on Economic, Social and Cultural Rights. 50th Session. [Accessed 2 Mar. 2016]

Kuwait Times. 11 July 2015. "2,571 Illegal Residents Employed in Past 3 Years - No Solution in Sight For Bedoons' Problem Ahead of Ultimatum." [Accessed 7 Mar. 2016]

Le Monde diplomatique. 1 July 2013. Alain Gresh. "A Life of Discrimination and Exploitation; Kuwait's Citizens Without Rights." (Factiva)

Newsweek. 3 February 2016. Abdullah Al Elyan."Somewhere They Belong." [Accessed 8 Mar. 2016]

United Kingdom (UK). June 2014. Chief Inspector of Borders and Immigration, and the Independent Advisory Group on Country Information (IAGCI). Claire Beaugrand. Review of the UK Home Office Country Information and Guidance (CIG) Report Kuwait, Bidoon - 3 February 2014. [Accessed 7 Mar. 2016]

United Kingdom (UK). 26 November 2013. Upper Tribunal, Immigration and Asylum Chamber. NM (documented/undocumented Bidoon: risk) v. The Secretary of State for the Home Department. Kuwait CG [2013] UKUT 00356 (IAC). [Accessed 11 Mar. 2016]

United Kingdom (UK). N.d. Upper Tribunal, Immigration and Asylum Chamber. "What We Do." [Accessed 15 Mar. 2016]

United States (US). 25 June 2015. Department of State. "Kuwait." Country Reports on Human Rights Practices for 2014. [Accessed 1 Mar. 2016]

United States (US). 29 May 2015. Department of State. "Kuwait." Investment Climate Statement 2015. [Accessed 14 Mar. 2016]

Additional Sources Consulted

Oral sources: Gulf Labour Markets and Migration; Human Rights Watch; International Organization for Migration; Kuwait – Central Agency for the Regularisation of the Status of Illegal Residents; Kuwait Chamber of Commerce and Industry; Open Society Foundations; Professor of Demography, Kuwait University; UN – High Commissioner for Refugees, International Labour Organization; two Researchers at Institut français du Proche-Orient.

Internet sites, including: Arab Times; British Broadcasting Corporation; ecoi.net; Freedom House; The International Observatory on Statelessness; Keesing's Reference Systems; Kuwait – Diwan of His Highness the Prime Minister, Kuwait Government Online, Kuwait News Agency, Ministry of Foreign Affairs; Kuwait Civil Alliance; Middle East Institute; Migrants' Rights; Migration Policy Centre; Minority Rights Group International; The Muslim World Journal; Nowhere People; Refugees International; The Times Kuwait; UK – Home Office; UN – Development Programme, Refworld; Women's Refugee Commission.