Stateless Kuwaiti Bedouin women hold up signs in their tent camp near the Iraqi-Kwaiti borders
Last year, the United Arab Emirates
(UAE) handed Semira, 19, a passport for the Comoro Islands, one of the poorest
nations on earth, and told her she had 11 months to leave. Although she had
been stateless all her life, Semira was born and raised in Dubai and had fully
embraced its cosmopolitan culture. She has never stepped foot on the tiny,
tropical islands that were to become her homeland, nor did she want to, as she
has no roots or family there. She doesn’t have much of a choice, though. Since
she isn't even a citizen of the UAE, she is pretty much powerless to fight the
government, which is paying the cash-strapped Comoros to take stateless people
like her off its hands.
Semira became stateless as a result
of the UAE’s confounding policies on birthright. As she understands it, her
mother came to Dubai from India to work as household help but became pregnant
after her employer raped her. He then denied paternity and turned her over to
the police when she was near term. In the UAE, it is illegal to have sex out of
wedlock, no matter the circumstance.
After giving birth, Semira’s mother
served a one-year prison sentence, which ended with her deportation to India.
But because citizenship passes through the father in both India (at the time
Semira was born) and the UAE, which doesn’t recognize birthright citizenship,
Semira’s mother was unable to procure a passport for Semira to bring her to
India. She had to leave Semira behind.
If it were not for a prison guard
whom Semira’s mother had befriended while in jail, Semira may have ended up at
the local orphanage and would have faced a life of poverty. Instead, the guard
suggested sending her to a family member of Zayed bin Sultan Al Nayan, the
former president of the UAE. According to the director of one of the orphanages
in Ras al-Khaimah, with whom I spoke, some 30 percent of children from the
orphanages are raised at the royal palaces and provided education, food,
housing, and support. The royals consider it an act of Islamic charity and
these children are commonly called “children of the Emir.” At this time, it is
unclear whether Semira’s connections shielded her from deportation. She has
been unreachable for the last two months, which means she could either be
laying low or already in Comoros.
In my recently published book, Crossing the Gulf, I document the stories of stateless
people like Semira in the Arabian Peninsula, which includes some of the largest
migrant-receiving countries in the world. In the UAE, migrant workers make up
80 percent of its population. In neighboring Kuwait, migrants outnumber
citizens three to one. But most Gulf States refuse to offer citizenship rights
and protection to them, even to those born within their borders. It is estimated
that there are over 100,000 stateless individuals in the UAE alone and over
130,000 in neighboring Kuwait.
In the past decade, the Gulf has
seen an increase in female migrants from Asia and Africa who take up jobs as
domestic workers, nannies, beauticians, and service workers. Under the kefala system, used by many Gulf states to
govern guest labor, workers are forbidden to engage in sexual relations for the
duration of their contracts. Since pregnancy gives them away, it is often only
the women who are punished for breaking Kefala rules
and sharia law, which criminalizes zina or
sex outside of marriage. Because
most women who migrate to the Gulf do so during their most fertile years, and
may spend five to ten years in their host countries, this form of contractual
sterilization is impossible to abide by. And although some women find
themselves in consensual relationships, others are exploited and raped by
abusive employers.
As a result, it is sadly common for
women such as Semira’s mother to give birth in jail and then have their babies
sent to an orphanage after the women are deported. Not helping matters is that
both the UAE and a number of sending countries only allow citizenship to
transfer through the father. But if no father claims paternity—and this is
often the case because coming forward would mean facing punishment for breaking zina—the child becomes stateless. With hundreds of
thousands of migrants coming to the Gulf every year, dating back to the 1980s,
from places such as Bangladesh, India, Nepal, Pakistan, and Sri Lanka—countries
that up until recently only permitted paternal citizenship transfer—hundreds
and sometimes thousands of children are born to migrant women and left behind.
The children of migrant women are
not the only ones who experience the perils of statelessness.
There are over 100,000 stateless persons known as bidoon in Kuwait, who do not have citizenship either because of bureaucratic hiccups when Kuwait became a nation state in 1961 (a portion of them failed to register as citizens) or long-standing discrimination against those who were once nationals of neighboring countries but were absorbed by Kuwait after the borders changed. As far as she knows, Rania, 21, who is a bidoon, was born in Kuwait City to a domestic worker from Ethiopia who may have been deported shortly after giving birth. She has spent her entire life living in an orphanage in the city's outskirts, but as a stateless person, she has been unable to find a job or rent an apartment. Still, Rania sees Kuwait as her home. And she was devasted when she received a Comoro Islands passport last month and was told to settle there within a year.
There are over 100,000 stateless persons known as bidoon in Kuwait, who do not have citizenship either because of bureaucratic hiccups when Kuwait became a nation state in 1961 (a portion of them failed to register as citizens) or long-standing discrimination against those who were once nationals of neighboring countries but were absorbed by Kuwait after the borders changed. As far as she knows, Rania, 21, who is a bidoon, was born in Kuwait City to a domestic worker from Ethiopia who may have been deported shortly after giving birth. She has spent her entire life living in an orphanage in the city's outskirts, but as a stateless person, she has been unable to find a job or rent an apartment. Still, Rania sees Kuwait as her home. And she was devasted when she received a Comoro Islands passport last month and was told to settle there within a year.
“This is the ultimate in unfair,”
Rania told me. “I couldn’t go with my mom to her home, and now I can’t stay in
the place I call home? Why don’t people even ask me what I want?”
Semira and Rania are part of deals
that UAE and Kuwait signed with Comoros in 2008 and 2016. In exchange for
building roads and providing development aid to the poverty-stricken island
nation, Emiratis and Kuwaitis are “buying” citizenships for their undocumented
residents. Initially, these deals involved only issuing new passports without
requirements for holders to physically move out of the Gulf. In recent months,
however, it became clear that a growing number of them will have to move to
Comoros. Although the official policy remains unclear, some officials say that
Comoros began asking that these new "Comorians" move to the islands,
while others believe that the Gulf countries are simply trying to get rid of
their stateless population.
Regardless, activists have condemned the practice, likening it to slavery—the
selling of a person and the economizing of what is a human right. As the
Universal Declaration of Human Rights says, “[e]veryone has the right to a
nationality” and “[n]o one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.” Comorians have protested, too,
feeling that the government is essentially selling their nation’s soul, while
populations in the Gulf argue that this is a solution that fails to resolve the
thorny issues of statelessness or citizen transfer.
On the other hand, the Philippines,
from which a number of people move to the Gulf for work, has come up with
alternative laws to prevent statelessness. In 1987, its government passed a law
allowing Philippine citizenship to pass through both the mother and father.
That allows most of the Filipina women I interviewed in the Gulf to take their children
home with them if and when they have to leave. The Philippine embassy in both
Kuwait and the UAE also offer shelter to children whose mothers are
incarcerated or are on trial for zina and
they make sure to provide passports for these new citizens.
Instead of shipping their problems
off to Comoros, Gulf countries could at the very least negotiate citizen
transfers with sending nations or encourage them to follow the example of the
Philippines, as a start. After all, their tactic of offshoring their stateless
population is unsustainable in the long run. Comoros will realize at some point
that this is a bad bargain. There are nearly one million stateless people in
the Gulf and the population of Comoros is only 730,000 (and the island nation
is about the size of Rhode Island). It is ill equipped to deal with dramatic
increases to its population and in a few years time, the Gulf countries may
find themselves back to square one.
* PARDIS MAHDAVI is Associate Professor and Chair of
Anthropology at Pomona College. She is the author of Passionate Uprisings: Iran's Sexual
Revolution and Gridlock: Labor, Migration, and
Human Trafficking in Dubai.
- This article was published first by Foreign
Affairs on 30 June 2016