Begin to withdraw all previous privileges and end up by preventing newspapers from publishing complaints.
The mini-ministerial committee approved the policies of restrictions on the "stateless" community in 1986!
Cover page has been stamped (top secret)
The mini-ministerial committee approved the policies of restrictions on the "stateless" community in 1986!
Cover page has been stamped (top secret)
- The official committee Headed by Sheikh Sabah Al-Ahmad, foreign minister at the time with the membership of Interior Minister Sheikh Nawaf Al-Ahmad.
- The lack of detailed information about the states of origin, activate the role of "civil information" and the Ministry of Interior.
- The committee warned of the effect of "stateless bedoon" on the internal security, but it suggested policies of restrictions.
Recommendations:
To force down restrictions on the stateless in their daily life, the prevention of employment and medical treatment, and put an end to the previous privileges, issuing marriage contracts, modification of names and addressing neighboring countries to receive stateless who allegedly belonging to them. Editor of Local Affairs writes:
It is a report dated 29/12/1986 and sealed on all of it pages with the word "Top secret". Talking about the orientations and general principles to solve the problem of stateless and then make recommendations.
This report was written by a ministerial committee on the effect of the speech delivered by His Highness the Crown Prince and Chairman of the Council of Ministers at the time and was headed by Deputy Prime Minister, Foreign Minister, other ministers, judges, managers, agents in each of the ministries of interior, planning and characters "with experience".
And after that a decision was made to form a sub-committee task to diagnose the problem and develop solutions to it, which came in item III of the report titled "Study of the problem resided in the country of the category of " stateless, "It is clear from the recommendations that were approved by the Committee that it has been introduced Later to become the policies of restrictions that are being applied today to members of Bedoons, details as follow:
Military personnel Status:
First - the situation of military personnel from the category of "stateless"
Because military personnel, "the army and police," and their relatives who are residents in the country are representing the most important aspect, and the biggest of the problem, in terms of both quantity and type, and without undermining what is done and still by them from services, however the current status of these institutions is shrouded in a lot of caveats, Considering that these institutions are of a special nature that cannot endure to be tested, thus it is indispensable to have faithful people of this the country to take on the dedicated work and compared with the current composition of the employees, the process of replacement of this situation and in accordance with the wishes, is difficult to achieve but not impossible, it is enough to have this study of these faction as a special priority with more attention without the rest of the faction of this category, and to work promptly to remedy this situation as soon as possible with taking into account all the circumstances and considerations to all pertaining elements, so the Sub-Commission entrusted a study of the situation in military institutions and propose the general framework of the Platform for Action to find an appropriate alternatives for workers in these institutions instead of workers from the category of "stateless" and that under this plan, a deliberate process is executed according to a precise timetable to begin gradually taking into account all aspects of security, political and technical relation.
Organize residency:
II - Procedures for organizing the residency in the country for the "without nationality" category:
1 - notice will be given to violators of the residency law and the work law in the private sector to present their passports and supporting documents required by the concerned governmental authorities to correct their situation during a period not exceeding six months from the date of releasing this decision, those who present their documents and passport to rectify their situation as exempt from any legal procedures stemming from these irregularities in the above mentioned period of time.
It also prevents ,after this period of time any none Kuwaiti resident to work or reside in Kuwait, unless the official passport from the State to which he belongs to is presented, and recognized by the competent authorities in Kuwait and showing the proof of a legitimate residency, and applying on violators penalties in accordance with the legal residency for foreigners and workers in the private sector "after modifying the sanctions contained therein so as to achieve the desired effect"
2 - where there are numbers of this faction will not be able to correct their status, either for lack of capability or lack of desire, and where the current circumstances is impossible for the State to expel all those offenders for many different reasons, leading to the need to wait before taking action against some cases and it is not recommendable to begin to raise any concerns with it , in line with the principle of breaking up the problem and responding to it in gradual and therefore the Committee considers the need to exclude some cases temporarily until the study of all aspects of their situation and then report whatever action is required and recommends the following:
Minister of Interior may exclude certain categories - temporarily - from the provisions of the legal Residency Law are as follows:
A - Military personnel working in the army, police and relatives of the only first-class
B - Non-Kuwaiti who is married to a Kuwaiti, whether alive or has children from them
C - Non-Kuwaiti women married to a Kuwait if her husband is alive or has children from him.
D - Some cases who meet the conditions for entitlement to Kuwaiti nationality, under the opinion of the competent authority.
Does not necessarily mean the availability of the exclusion clauses in the above-mentioned residence and eligibility to work in the country, an absolute right also does not require the approval of the Minister of the Interior after the appreciation of the circumstances of each case in accordance with the public interest.
Work in the private sector:
III - Reviewing of Labour Law for the Private Sector:
Given to the implications of prevention of the employment of members of the "stateless" category in public sector and government institutions, it is expected that this population will be moving to work in private sector companies and institutions, in particular that the sanctions provided by the law work in the private sector was easy and is a deterrent to offenders, as they do not exceed 3 dinars and rise up to 5 dinars to the violating establishment in case of recurrence.
Therefore, the Committee recommends the following:
A - Review of the sanctions contained in the Labour Code in the private sector, giving them a deterrent effect, to include employees who breach in addition to the workers, "the annex to the proposed amendment"
B - where legal proceedings may be a requirement for some offenders who are baptized for the commission of offenses in order to save time and procrastination, as required by these procedures to follow for the channels is not without complexity Committee therefore recommends that the longer the list of administrative penalties, which empowers the competent authorities (of the Interior, Social Affairs And employment, trade and industry) to take deterrent measures against companies and institutions that are repeated irregularities and are complementary to the usual legal procedures so as to enhance achievement of the target.
Facilities:
IV - to facilitate the procedures for granting residency for Collaborators:
The Committee considers it essential In return for the restrictions policies and penalties proposed to take all possible means to the various stakeholders to facilitate the granting of residence and to facilitate the procedures to access it for the highlights of his passport and proof of nationality, and cooperate with these bodies to achieve the legitimacy of the residence, including the exemption from sanctions and legal implications for them as a result of violation of legal work and residence laws, according to the public interest.
Border control:
V. – Reconsider the surveillance system and speed up in using modern technology for land and sea borders control and that requires the following:
A - Review of the surveillance system and urgency, using modern techniques is appropriate for this purpose
B - Selection of national components which meet the efficiency and dedication to work in this important facility, and providing financial incentives to encourage Kuwaiti youth to work in this area.
Law of "Civil Information":
VI – Amending the sanctions law of the General Authority of Civil Information:
In view of what ails the General Authority of Civil Information of extreme difficulties in discovering correct data given by some or refrain from making them, causing a block to efforts to complete the information system, takes a negative impact on the security aspects of the country, Therefore The Committee recommends the need to work on amending the Penal section contained in Law No. 32 of 1982 on the system of civil information and take action to apply “annex 2"
Name Changes:
VII – Name Changing Regulations:
Applying strict regulation to those who want to change their names and for those wishing to change theirs to take into account the security aspects, and not accept any requests from any members of the category of "stateless" at all, due to the risk of exploitation and deception in order to obtain certain privileges or to avoid sanctions, as demonstrated by examples that have been discovered by
General Authority for Civil Information.
Marriage Contracts:
VIII - Marriage Contract Regulations:
Introducing a legislation to prevent the completion of the marriage contract that does not exist for both ends "of a husband and wife" until a proof of affiliation to their respective specific nationality this legislation require and give a strict penalty to the documenting violator, it should be noted that this procedure is designed to not register the marriage officially and not to prevent the religious ceremony, in order to reduce the marriages which are based on convenience * "Annex No. 3"
Privileges:
IX - Stop Privileges:
Take certain actions that would restrict residents from the category of "stateless" and most important stop privileges which may be the attracting factors or stability for the members of this class, note that some of the authorized committee has already begun to take some of the operational measures in this area at the direction of the Commission and, more discreetly and as a result, the Committee recommends the stopping of:
A - Stop the exchange of food card supply.
B - Prevention driving licenses and not to renew the old ones
C - Coordination with the Ministry of Information to not publish articles or any complaints in newspapers regarding the subject of the “Stateless” matters
D - Circulate to all government agencies not to employ any individual in of this category, including companies of public-interest and associations and cooperative societies
E - Re-consider the decision of the Council of Ministers on the Prevention of Residential Care for Kuwaiti women married to non-Kuwaiti so to limit the rights of the Kuwaiti women married to non-Kuwaiti nationality, who is already has a legitimate residency in Kuwait, that this amendment shall take on new cases only
Education:
X. - Transfer of students from the category of "stateless" to private Education:
In line with the procedures restricting the category of "stateless" and in order to provide better educational services for the Kuwaiti students by reducing the density of students in the classroom, and in line with the policy of the State in the rationalization of expenditure, the Commission aims to not accept the children of this category who are now excluded from public schools, and only provide Financial support for private schools, which costs a students for the academic year to an average of 250 dinars in cost where are in public schools an average of 850 dinars worth of cost, and if knowing that there are about 50 thousand students from the category of "stateless" whom are educated in public schools in Various stages, it is clear that what can be supplied is up to about 30 million dinars per year, and of course this cannot be applied if approved, but after doing some necessary preparations for this purpose so as to achieve this is to gradually take into account the extent of the potential of The Private Education Sector and the selected few from stateless are being transferred according to certain priorities, those who are excluded from educational services , needless to say ,there is no need for them to continue the enjoyment of such services from the beginning
Deportation of nationals
Eleventh - Coordination with neighboring countries - if possible - in order to agree and cooperate with it to receive its nationals who are determined to keep violating the laws of the country, it should be noted that some countries were willing to and it has already received a number of its nationals who were deported from Kuwait
Twelfth - mandated by the Commission to take executive action and procedural details for the adoption of the Council recommendations, as well as the follow-up study of the next stages of the overall solution of the problem and allowed for that contact all officials of the authorities concerned to allow it to pursue its work and complete the steps to face the problem
Time bomb
In light of all of the above it shows that we are facing a complex mixture of problems with complicated side effects and multi-faceted and to security, political, social, economic and cultural dimension which, although there were some aspects of risk which are only hidden in the coming days, it is still more dangerous, especially that the target is the identity of the country and its entity and with This bitter truth, which formed its seeds, oblivious to time and accumulated on the margins of events and variables, and exacerbated by capturing opportunities and the exploitation of the circumstances and local events, etc., cannot be condoned for any part in it in any way, so the outcome of the conditions of residents from the category of "stateless ", both quantitative and qualitative but it is a ticking bomb and should act quickly to defuse it the wisdom and firmness, but no doubt that the efforts in the face of this problem will bear fruit by the implementation of the follow-up recommendations, which were ended with by the Committee, noted that it will result, and indirectly on the Elimination of security or non security problems and the more importantly is the prestige of the imposition of regulations and legislation
Comprehensive solution
While the Committee shall submit its recommendations this and which represent an interim important and necessary step in the way of a comprehensive solution to the problem of residents from the category of "stateless “to hastely consider the situation of groups that were excluded at a later time, in the light of the practical applications of the proposed actions, and the Committee shall be responsible for Conducting a study on the military and the data supplemented by the General Authority for Civil Information after the completion of the civil registration process in December 1987, which would contribute to a proper approach in the treatment of the problem in a scientific studied solution.
The need to provide data from "information civilization” and the Ministry of Interior.
The report confirms that, despite all the manifestations of complexity that surround the problem of residents from the category of "stateless “in Kuwait, despite shortcomings in the information related to this category, the solution is not impossible when concerted efforts in this way, both at the level of systematic planning or at the executive level
It is worth noting that the State has taken important steps in the confrontation process to this problem, can be considered a measure encouraging dispel features exaggerated fear of the repercussions that may have to continue doing so, and these steps, a decision the Council of Ministers in 1983 to cancel the term "without nationality" in the transactions formal and informal to demonstrate the dependency of some residents in the country, and consider all of them, not a citizen of Kuwait in Kuwait, to prevent the appointment of any member of the category of "stateless in the defence and interior ministries and it should be noted, that these steps had been completed, without any repercussions
There is no doubt that the efforts of the General Authority for Civil Information in the provision of data and information on the category of "stateless" would effectively contribute to a deeper understanding of the problem and therefore any program or implementation plan, note that the Commission will expire from this data collection, compilation and analysis with the end of 1987
In addition, the administration established in the Ministry of Interior on the recommendation of the Committee, which specializes in collecting and analyzing information, including the collection of documents for members of the category of "stateless" in collaboration with other bodies concerned and its follow up the implementation of resolutions on this category after That were selected elements that are suitable for that, this administration, would achieve tangible results in the effective implementation and monitoring of plans and programs designed to resolve the problem quickly and confidentiality required
Orientations of the Commission and the general principles about the problem.
1 - recognizing that the solution to the problem will not be achieved effectively without making sacrifices may be big in some aspects, and that any attempt to solve this problem without taking into account the size and type of these sacrifices and usefulness, the chances of a reasonable prospect of success will be better than its predecessors, which means the continuation of the Situation as it is, with all its accumulations, and the results are difficult to estimate the negative consequences.
2 - The solution to the problem requires action in accordance with a comprehensive and a long-term plan with the various segments of this category, and is being implemented gradually in a phased manner programmed, utilized at every stage of the results of the previous stage, on to be dealt with, each one according to their importance and seriousness of , and in ensuring the success of a comprehensive solution on one hand, and to avoid any reflections and unexpected reactions on the other.
3 - The solution to this problem is linked to a form and content of legal aspects cannot move without it, thereby eliminating the need for expediting the issuance of the necessary adjustments, including addresses the weakness of the penalties imposed on violators of the legal stay of foreigners working in the private sector and the emphasis on the need to apply it.
4 - Emphasis on linking the residence to work, who is not allowed to work must not be allowed to stay in the country, and the achievement of this equation, the legislation remains devoid of the real contents of the desired effect.
5 - Avoid absolute classifications to this category, and deal with it according to the circumstances of each case, they even participated in a particular theme, but they differ in the properties of many negative or positive dealings about their educational level, type of work, length of stay in Kuwait, family size and the relationship of kinship, Viability of integration and adaptation in the community, etc.
6 – Correct the perception that during the claim to the dependency category of "stateless" would insist to obtain privileges, and to emphasize that this claim would be subject to legal accountability.
7 - to emphasize on not entering the circle of exceptions under any circumstances except in extent provided for some exceptions to the interim imposed by the requirements and necessities of operational plans to solve the problem, the exceptions codified and limited to a period of time (will be mentioned in clause "Second" in the recommendations).
8 - To emphasize the implementation of what comes out of decisions and directions on the residents of the category of "stateless" as to not be implemented partially or entirely would lead as a results to add to the complexity and seriousness of the problem.
This comes as confirmation of what is expected to emerge from the special cases of a humanitarian nature may suggest the necessity for the exception note that it is very difficult to enact legislation to remedy the various individual cases.
The problem is diagnosed by the Ministerial Committee in 7 points:
Humanitarian pressure force:
1 - There is a lot of the people of this category who have earned graduate degrees, and has assumed important standing in society , which makes them the power of human pressure, and with their ability to claim the privileges and rights that are entitled to them whenever the opportunity arises for that
Uneducated:
2 - The vast majority of this category are non-educated, and those with low incomes, are characterized by the high volume of families, which may encourage the exploitation of ignorance and the suffering of some, which is a threat to the security of the country
Work in sensitive equipment:
3 - There are a large number of children of this category, who works in the most sensitive organs of the State "The army and police” and their numbers are higher compared to Kuwaiti’s
Size of “Stateless” on the rise:
4 - The size of this category rises above the size of the Kuwaiti population to make them under unusual circumstances, a force not governed by customs and traditions and difficult to control in its affairs, in accordance with the laws and legislation, as in case for other residents
Workers and unemployed:
5 - Although there are many of the unemployed and members of the suspects in this category, we find in the other hand, others who were martyred or injured in the course of duty
Integration into the community:
6 - There are some who were born in Kuwait, parents who lived in Kuwait, if they weren’t born here as well, and those educated in its schools, and enrolled in various specialties , to become accounted as a powerful quantity and can take advantage of them, and work to integrate them into society, according to the rules and the foundations of rules developed for this purpose
Increasing intermarriage relations:
7 - the growing ties of intermarriage and marriage between the children of this category and among Kuwaitis, have resulted in the presence of children related to Kuwait, which requires a study of the matter to be well thought out, and therefore to take the appropriate action, given that such marriages may be of the nature of convenience and consequently there will be negative repercussions, and situation is considered a reality.
Original story in Arabic:
http://local.taleea.com/archive/newsdetails.php?id=5436&cat=2&ISSUENO=1592
