KUWAIT CITY, Dec 31: Decree-Law No. 158 of 2024 has been issued, amending Article (16) of Amiri Decree No. 15 of 1959, which relates to the Kuwaiti Nationality Law.

The decree introduces new paragraphs to Article (16) of the aforementioned Amiri Decree No. 15 of 1959, with the following text:

“The withdrawal of citizenship, or the withdrawal of its certificates, in accordance with the provisions of Articles (1/13) and (21 bis A), shall result in the recovery of all benefits that were disbursed or granted based on this citizenship.

However, if nationality is lost, withdrawn, or revoked under the provisions of Articles (10, 11, 11 bis, 13 items 2-3-5, and 14), the individual will be deprived of all benefits and rights that were granted based on this citizenship.

If the withdrawal or revocation of citizenship occurs for reasons other than those outlined above, an exception to the provisions of the applicable laws may be made by a decision of the Council of Ministers, allowing the retention of some of these rights and benefits based on what is deemed to be in the public interest. This decision will specify which benefits and rights may be retained, as well as the conditions and duration for their retention, with the guarantee that, in all cases, the right to health care, education, and a decent standard of living is preserved. Such a decision may not be appealed under any circumstances.”

Article Two:

The Prime Minister and the Ministers, each in their respective capacity, shall implement this Decree-Law, which shall come into effect from the date of its issuance.

The explanatory note to the decree-law states:

“With the issuance of decrees withdrawing, revoking, or causing the loss of Kuwaiti citizenship for some individuals, and given the variety of reasons behind these decrees, as well as their large number, it became necessary to address the effects resulting from these actions. Justice dictates that they should not be treated equally under one ruling. Dealing with individuals whose citizenship was withdrawn due to fraud, false statements, or incorrect testimonies (as per Articles 1/13 and 21 bis A of the decree) should be different from those who lost or had their citizenship revoked for reasons related to the preservation of national identity or other concerns. This distinction requires the return of all benefits and rights granted to them based on this citizenship.

For individuals who lost their citizenship under Articles (10, 11, and 11 bis), due to voluntarily acquiring foreign nationality or failing to renounce it, they are, in effect, enjoying the benefits of foreign citizenship. Thus, it is necessary to deprive them of all benefits and rights they enjoyed as Kuwaiti citizens.

The draft law also includes deprivation of benefits for those whose citizenship was withdrawn or revoked under Articles (13/2, 3, 5) and (14) of the decree, considering that such actions are linked to the supreme interests of the state or its external security, or in cases where individuals have committed acts that undermine their loyalty to Kuwait or engage in crimes that violate honor.

If the withdrawal of citizenship is for reasons other than the above, an exception may be made, allowing the retention of some rights and benefits by a decision of the Council of Ministers, based on the public interest. The decision will specify which benefits and rights can be retained, as well as the conditions and duration for their retention.

Since its independence and the adoption of its Constitution in 1962, Kuwait has been committed to promoting and protecting human rights, as reflected in many constitutional provisions that align with the Universal Declaration of Human Rights and other relevant international agreements. Nationality, in its legal sense, is a political bond between an individual and a specific state, where the individual pledges loyalty, and the state provides protection. However, the loss of this bond through the withdrawal, loss, or revocation of nationality does not mean the individual loses their fundamental human rights. Therefore, the draft law ensures that Cabinet decisions will guarantee the right of these individuals to healthcare, education, and a decent standard of living, reflecting Kuwait's civilized and humane values.

The granting, revoking, withdrawing, and reclaiming of citizenship are political acts, driven by specific considerations related to the state’s identity and sovereignty. These acts are considered sovereign and issued by the government as the ruling authority, rather than an administrative body, and as such, they fall outside the scope of judicial oversight. The draft law does not depart from this political nature, as it focuses on the effects of withdrawing, losing, or revoking Kuwaiti citizenship from individuals. Therefore, decisions made by the Council of Ministers to retain certain rights and benefits for individuals affected by such actions, based on their previous citizenship, are considered to be in the public interest and are not subject to judicial review. These decisions involve special considerations that require information, elements, and assessments not available to the judiciary, and thus, the text in the draft law stipulates that they may not be appealed under any circumstances.

This project has been prepared and is stipulated to be published in the Official Gazette, with implementation commencing from the date of its issuance, in accordance with the license provided under Article 178 of the Constitution.