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Sunday , January 29 2023

Al-Saadoun submits bill on nationality

This post has been read 27368 times!

KUWAIT CITY, Nov 13: National Assembly Speaker Ahmed Al-Saadoun has submitted a bill that stipulated the need to find permanent and integrated solutions to the nationality issue. Following are the articles of the bill:

Article One: Within one year after the ratification of this bill, the Ministry of Interior shall carry out an inventory of naturalization applications submitted by those who have been residing in the country since 1965 or earlier to the Higher Committee for Nationality at the Council of Ministers, Al-Shaheed Office, and Public Authority for Civil Information (PACI) as per Clause Three of law number 21/2000 – an amendment of Nationality Law No. 15/1959.

Article Two: Whoever falls under the above mentioned category will be granted civil identification cards valid for a period specified by PACI. These civil identification cards are renewable until the naturalization applications are finalized.

Article Three: The Ministry of Interior will publish the names of beneficiaries in Kuwait Gazette within six months after the one-year grace period given to the ministry to finalize the list of beneficiaries.

Naturalized
Article Four: Every adult naturalized Kuwaiti can file an appeal, provided they submit official documents accredited by the concerned authorities showing that the beneficiary is a citizen of another country. The concerned authorities must prove that the beneficiary entered the country legally. The Ministry of Interior will specify the grace period for such appeals, which must not exceed three months after the publication of the beneficiaries’ names.

Article Five: Within one year after the publication of the names, the government shall finalize its decision regarding the names that were published, and registered at Al-Shaheed Office and Higher Committee for Nationality at the Council of Ministers. The Council of Ministers shall specify the date for issuing a decision on the citizenship application as per Clause Three of Article Five of Nationality Law No. 15/1959 and its amendment — Law No.21/2000. The final and integrated solution is granting citizenship to those who meet the requirements and in the interest of the public. Therefore, not all the published names will be naturalized.

Article Six: Those whose names are published have the right to obtain official documents like birth and death certificates; marriage, divorce, inheritance and personal status documents; and all types of driving licenses. They also have the right to work, and access to healthcare and education, and any other services specified by the Council of Ministers as per the Constitution and laws.

Documents
Article Seven: Whoever submits fake documents and false information to obtain Kuwaiti nationality will be imprisoned for one year maximum or fined KD1,000 maximum.

Article Eight: The Council of Ministers shall issue the executive regulations within three months after the ratification of the bill. MPs Osama Al-Shaheen, Khalid Al-Otaibi, Muhannad Al-Sayer, Shuaib Shaaban and Hamed Al-Bazzali have proposed amending Law No. 17/1960 on the penal procedures and trials; such that the Criminal Investigation General Department will be transferred from the Interior Ministry to the Public Prosecution.

  • Article One: Revise Article One of the law such that the prosecution is given authority to conduct investigations on all types of crimes.
  • Article Two: Establish a prosecution for misdemeanor cases with the required number of attorneys general and public prosecutors.
  • Article Three: The current employees of the Criminal Investigation General Department will be transferred to the Misdemeanors Public Prosecution with the same job degrees, seniority level and regular allowances.
  • Article Four: Officers who will be transferred from the Criminal Investigation General Department to the Misdemeanors Public Prosecution should resign from the department first, while those who wish to remain in the Ministry of Interior will be given other jobs with the same job grades, salaries and allowances.

Members of the Misdemeanors Public Prosecution will not be allowed to transfer to the Public Prosecution within 10 years after the ratification of the bill or without the approval of the Attorney General. They cannot work as judges in any court within 10 years after the ratification of this bill or without the approval of the Supreme Judicial Council.

  • Article Five: Prosecutors transferred to the Misdemeanors Public Prosecution, who no longer wish to continue working, can submit their application for retirement within three months after the transfer to enjoy the following privileges:
    ■ exemption from the condition to complete a certain number of years in service to receive full pension and indemnity as per the law on establishing the Public Institution for Social Security (PIFSS);
    ■ indemnity equal to two years salary calculated based on the salary before retirement;
    ■ special pension based on the nature of the job;
    ■ cash equivalent of their unused vacation days as per the decision of the Council of Ministers.
  • Article Seven: The Criminal Investigation General Department employees will continue working in their present offices until their transfer to the Misdemeanors Public Prosecution, and referral of all cases and relevant documents to the latter.

MP Muhammad Hayef Al-Mutairi submitted a proposal to allow nationals working in the public and private sectors to enroll in accredited educational institutions and colleges without the need to obtain a special permit from any public institution. He said the Ministry of Education and Higher Education, as well as the Private Universities Secretariat General, should approve the study applications of national workers as long as they meet the academic conditions.

In another development, MP Abdullah Al-Anbaie asked Deputy Prime Minister and Minister of State for Cabinet Affairs Barrak Al- Sheetan why the accountants, legal advisors and engineers are not covered by the Kuwaitization policy of the Civil Service Commission (CSC). He wants to know the other jobs excluded from the decision and why the contracts of expatriate workers in the public sector are renewed even if they are above 60 years old, unlike their Kuwaiti counterparts.

MP Saad Al-Khanfour forwarded queries to all ministers except the minister of interior and state minister for cabinet affairs. He asked about the number of vacancies and number of employees who retired from Jan 1, 2012 till date in their respective ministries and subsidiaries; number of jobs occupied by expatriate workers; number of terminated expatriates according to the Kuwaitization policy since Jan 1, 2021 till date; number of Kuwaitis hired within the same period; and if any expatriate has been appointed in ministries and subsidiaries since Jan 1, 2021 till date. If yes, he requested for details like their jobs and qualifications; in addition to copies of their contracts.

MP Obaid Al-Wasmi forwarded queries to His Highness the Prime Minister Sheikh Ahmad Nawaf Al- Ahmad Al-Jaber Al-Sabah about the recently appointed senior offi- cials. He requested for details like the names and qualifications of those nominated for senior positions, exams conducted as per the decision of the CSC, results of exams and interviews, excerpts of interviews, and if the career development and experience of recently appointed senior officials are in line with the program of the government.
By Saeed Mahmoud Saleh Arab Times Staff

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