Decree issued amending Article (16) of Kuwaiti nationality law

• Recovery of all benefits granted to individuals whose nationality was revoked due to fraudulent acquisition.

• Deprivation of benefits and rights for those whose nationality was revoked due to acquiring another country’s nationality.

• Deprivation of benefits and rights for those whose nationality was revoked for national interest or acts undermining loyalty to Kuwait, or constituting dishonorable crimes.

• Retention of certain rights and benefits by council of ministers’ decision if nationality was revoked for other reasons, in accordance with public interest.

The Decree-Law No. 158 of 2024 was issued amending the text of Article (16) of Amiri Decree No. 15 of 1959 on the Kuwaiti Nationality Law.

The decree states the following:

Article (1):

New paragraphs have been added to Article No. (16) of 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 disbursed and granted based on this citizenship.

However, if nationality is lost, withdrawn, or revoked in accordance with the provisions of Articles (10, 11, 11 bis, 13 items 2-3-5, and 14), the person shall be deprived of all benefits and rights that were determined based on it.

If the withdrawal or revocation of citizenship is for reasons other than those mentioned above, it shall be permissible, by a decision of the Council of Ministers and as an exception to the provisions of applicable laws, to retain certain rights and benefits as deemed in the public interest. This decision shall specify the benefits and rights to be retained, along with the conditions and duration of their retention, provided that, in all cases, the right to health care, education, and decent living is guaranteed. This decision shall not be subject to appeal under any circumstances.

Article (2):

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 from some individuals, and given the variety of reasons for these decrees and their large numbers, the need arose to address the effects resulting from these decrees. The courts have refused to treat them all equally in one ruling.

Dealing with those whose citizenships were withdrawn due to fraud, false statements, or incorrect testimonies under the provisions of Articles (1/13) and (21 bis A) of the decree should be completely different from those whose citizenships were lost or withdrawn for reasons related to preserving national identity or other causes. This distinction in treatment necessitates the return of all benefits and rights granted to them based on this citizenship.

Since those whose nationality has been lost in accordance with the provisions of Articles (10, 11, and 11 bis) are subject to the withdrawal or loss of nationality due to their naturalization or failure to renounce a foreign nationality, and in fact possess the nationality of a foreign State, they must be deprived of all the privileges and rights they enjoyed as Kuwaitis.

The draft includes this deprivation for those whose Kuwaiti nationality was withdrawn or revoked in accordance with the provisions of Articles (13/2, 3, 5) and (14) of the decree, considering that such withdrawal or revocation is linked to the supreme interest of the State or its external security, as well as in cases related to their commission of acts that undermine their loyalty to Kuwait or constitute a crime against honor.

If the withdrawal of nationality is for reasons other than those mentioned above, then, with the exception of the provisions of the laws in force, the Council of Ministers may retain some of these rights and advantages as it deems necessary to achieve the public interest. This decision shall specify those rights, advantages, and the conditions and duration of their retention.

Since the State of Kuwait, following its independence and the adoption of its Constitution in 1962, has been committed to promoting and protecting human rights through the inclusion of many articles and provisions in the Constitution that align with the Universal Declaration of Human Rights and relevant international charters and conventions, and since nationality, in its legal sense, represents a political bond that links an individual to a particular state, with the individual’s loyalty to the state and the state’s protection of the individual being fundamental to this connection.

However, the disappearance of this link through the withdrawal, loss, or revocation of a person’s nationality does not imply the loss of their right to enjoy basic human rights. Therefore, the project ensures that the decision of the Council of Ministers guarantees these individuals’ rights to health care, education, and decent living, in a manner that reflects Kuwait’s civilized and humanitarian values.

Since the granting, withdrawal, and recovery of nationality are acts of a political nature, driven by special considerations related to the identity of the state and the determination of Kuwait’s national identity, they are considered acts of sovereignty. These acts are issued by the government as an authority that governs, rather than as a management authority, and therefore fall outside the scope of judicial control.

Given that the project maintains this political character by addressing the effects of withdrawing, losing, or dropping Kuwaiti nationality from individuals, the decisions issued by the Council of Ministers to retain certain rights and benefits for these individuals, based on their nationality, are surrounded by special considerations. These decisions serve the public interest and should not be subject to judicial review, as their consideration requires information, elements, and different balances of judgment that are not available to the judiciary. Therefore, the draft provision stipulates that these decisions cannot be challenged under any circumstances.

This draft was prepared and stipulated to be published in the Official Gazette, with its provisions coming into effect from the date of its issuance, pursuant to the authorization prescribed by Article 178 of the Constitution.

Source: Al Rai