Dokument #1132059
IRB – Immigration and Refugee Board of Canada (Autor)
The following information was provided by a consular section employee at the Embassy of Kuwait in Ottawa in a 5 March 2002 telephone interview, on behalf of the Counsellor.
The term "undefined Kuwait" is expressed by three Arabic letter word in the blue Kuwaiti travel passport still in use in 2000. The three Arabic letter word also has the meaning "non-Kuwaiti" and passports with this inscription were issued to non-Kuwaitis or stateless persons, also known as Bidoons, until approximately a year ago. The blue passport is being gradually replaced by a grey passport that uses the term "stateless" rather than the term "non-Kuwaiti." Being in possession of a Kuwaiti passport bearing the terms "Non Kuwaiti" or "stateless" does not entail any right to Kuwaiti citizenship or indicate that the bearer is about to become a Kuwaiti citizen.
In a 6 March 2001telephone interview, the employee stated on behalf of the counsellor that any person recognized as a stateless person (Bidoon) by the Kuwaiti authorities can obtain a Kuwaiti passport to travel abroad.
In a 20 November 2001 opinion prepared for a London-based law firm, a researcher from the Palestinian Refugee and Diaspora Centre (SHAML) states that:
Article 17 of the Kuwaiti law on passports allows the issuing of passports to non-nationals to facilitate their travel abroad. They can only be issued for specific purposes to foreigners residing in the country when they are on official business trips or to stateless persons - the so-called Bidoon - to facilitate their travel.
'The Bidoon' is a term used in the Gulf area for those without nationality. The phenomenon emerged as a result of state formation and the introduction of the European notion of citizenship in mixed, diverse and basically semi-nomadic societies.
Residency of Foreigners in Kuwait has been regulated by Law No 17 (1959), which requires foreigners to have a valid passport for entry or exit from the country. It allows the minister of Home Affairs to issue renewable residency visas valid usually up to five years. Articles 16-22 of law 17 gave the minister the authority to deport any person found in breach of regulations. The Bidoon, however, were exempted from the visa restrictions by article 25/d of the law being considered as permanent residents they were tolerated for social and humanitarian reasons, prompted by continuous movement of 'tribes' members' across the borders with neighbouring countries. As of 1985, the government decided to withdraw these 'privileges' and to end the exemption of the Bidoon. Kuwiati international Law scholar Dr. Rashid Al-Anzi (Al-Siyasa Daily 25/1/1987) argued that the government's measure should not have affected the status of the Bidoon who were living and who, in most cases, had been born in the country.
No further and corroborating information on the meaning of the term "undefined Kuwait" in a Kuwaiti passport issued in 2000, whether a Kuwaiti passport with such an inscription means that the holder is a Kuwaiti citizen, that his/her application for citizenship is still in progress, is not a citizen or means something else, and whether a Bidoon be granted such a passport and if so, under what circumstances could not be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Embassy of Kuwait, Ottawa. 5 March 2002.
Telephone interview with consular section employee speaking on
behalf of Counsellor.
_____. 6 March 2002. Telephone interview
with employee speaking on behalf of counsellor at consular
section.
Shiblak, A. 20 November 2001. "Kuwaiti
Bidoon Holders of Passport Article 17: Expert Opinion for Luqmani
Thompson and Partners (Soliciters)," London, UK. Palestinian
Refugee Diaspora Centre (SHAML). http://www.shaml.org/projects/advocacy/Kuwaiti%20Bidoon.htm
[Accessed 6 March 2002]