By Passant Hisham, Nafisa Maleah

KUWAIT: Nouri Kohli, who was born to a Kuwaiti mother and an American father, has always felt a sense of exclusion growing up. “I felt that I was pushed away from the culture,” Kohli recalls, attributing this distance to the fact that he is not considered fully Kuwaiti by the law, resulting in an ambiguous position in society. Despite his Kuwaiti heritage, he felt that it was often dismissed by the people around him. “When I tell people that my father is not Kuwaiti, they tend to overlook my Kuwaiti ethnicity. It made me think, if they’re overlooking it, maybe I should too.”

Identity is often interlinked with citizenship or passport, but people who fall between the lines face unique challenges. For people who have a Kuwaiti mother and foreign father, the lack of Kuwaiti citizenship is more than just a legal obstacle. “I didn’t feel like I was necessarily accepted by my peers at school, and it also gave me a little bit of anxiety whenever I tried to connect with the culture. Sometimes I just tell people that I’m American, and I don’t go into details on my cultural background because of that,” Kohli said, adding that this resulted in him not learning Arabic until later on in life.

One of the most challenging aspects of Kohli’s experience is the legal barrier that prevents people like him from obtaining Kuwaiti citizenship. “It stops me from having the same rights that the people around me have — whether it’s owning a business, owning a home, or even living here in general,” he added. However, this legal barrier is not in place for children of Kuwaiti men, who can easily attain citizenship. “Nothing about my rights should change just because my mother is the Kuwaiti one,” Kohli said.

Kohli describes how this situation also affects his mother, believing that it takes away her perspective as a Kuwaiti woman, as she’s not given the same rights to pass down her heritage, unlike a Kuwaiti man. “As her son, it feels a bit insulting to my mother — it’s upsetting that she can’t pass down what she’s been given and grown up with her entire life to her children.”

Childhood picture of Nouri Kohli wearing Kuwait’s flag vest.

43,766 children in Kuwait

As Kohli prepares to leave Kuwait for university, the weight of his situation becomes more apparent. “Kuwait is my home, but I can’t imagine living here without feeling accepted, both by society and by the government. It’s something that affects me and will continue to do so, especially as I think about my future,” Kohli said. According to the latest statistics from the Public Authority for Civil Information, released in June 2022, there are approximately 43,766 children of Kuwaiti women married to non-Kuwaitis. This figure does not account for Kuwaiti women married to stateless individuals (bedoon), indicating that the actual numbers are likely higher.

So, Kohli’s case is just one example highlighted by Kuwait Times, reflecting the sense of alienation many children of Kuwaiti mothers’ experience compared to Kuwaiti citizens. Compounding the issue is the widespread lack of awareness among these children regarding their legal rights. Lawyer Athra Alrefai sheds light on all the rights and limitations for children of Kuwaiti women under the government’s law, distinguishing between those with stateless fathers, GCC nationals, and fathers from other Arab or foreign countries.

When rights almost align

In the areas of education, employment, and healthcare, Refai explained that the government almost provides children of Kuwaiti mothers with rights similar to those of Kuwaiti citizens. However, she highlighted that critical challenges remain in other areas, particularly concerning residency and housing rights after the mother’s death.

Refai stated that children of Kuwaiti women are entitled to free government education up to the secondary level. At the university level, they can attend public or private institutions within Kuwait at no cost and receive a social allowance of KD 200 from the Ministry of Higher Education. Nevertheless, unlike Kuwaiti citizens, they are not eligible for scholarships when studying abroad, as they are responsible for their own educational expenses.

Yet, in this case, they continue to receive health insurance and social allowances. In the government sector, healthcare is provided free of charge for all children of Kuwaiti women, but they must prove their status as children of Kuwaiti women by providing a birth certificate. In terms of employment opportunities, children of Kuwaiti women receive priority after Kuwaiti citizens.

However, Refai pointed out that the nature of their employment contracts varies based on their father’s nationality. Those with stateless fathers face greater disparities, working under contracts with limited job security and no end-of-service benefits or leave allowances. In contrast, employment contracts for children of Kuwaiti women with foreign fathers (whether from Arab countries or elsewhere) grant these rights. The only ones who enjoy employment rights similar to Kuwaiti citizens are those who are children of GCC fathers, due to GCC agreements, only with slight differences in their salaries.

After the mother passes away

“After the death of their Kuwaiti mother, the real struggle begins,” said Refai, regarding children of Kuwaiti mothers and foreign fathers. She stated that this category doesn’t have the right to own the family home after the mother’s death but is only entitled to a share of the inheritance. Regarding residency rights, Foreign-national children who are dependents under their mother’s residence permit are exempt from annual residency fees. But, once they switch to a work visa, they are required to pay the relevant fees.

In the event of their mother’s death, they will need to secure a sponsor for their residency. This sponsor could be a family member, such as a grandmother, or an employer. On the other hand, children of Kuwaiti women with GCC national fathers receive a civil ID similar to that of Kuwaiti citizens. Also, stateless individuals do not need to transfer their residency or pay work residency fees.

The vision is unclear

Refai stated that before the National Assembly’s suspension, there was a proposed law for granting civil rights for children of Kuwaiti women, which included the issuance of a civil ID indicating their status as children of Kuwaiti women. “But now, the vision of the future regarding this law remains unclear,” she added.

According to Former MP Jenan Boushehri in a previous statement at the media center in the National Assembly, she confirmed that the proposed law grants the children of Kuwaiti women the right to permanent residency from birth, which would entitle them to a civil ID valid for five years, regardless of their passport’s validity. The law also exempts children of Kuwaiti women with permanent residency from the requirement to transfer their residency when joining the workforce, whether in the public or private sector. This is intended to cover those married to stateless individuals.