New Kuwaiti citizenship rules: Genetic and biometric data now compulsory
The resolution, issued by First Deputy Prime Minister and Minister of Interior, comes after a review of Amiri Decree No. 15 of 1959, which governs the Kuwaiti Nationality Law and its subsequent amendments. The move marks a significant step toward integrating advanced technology into national identity verification processes.
Key Definitions and Methods
Under the resolution, several key terms are defined to standardize procedures:
- Genetic fingerprint refers to the unique biological gene map that identifies individuals, derived from DNA analysis of biospecimens.
- Biometric fingerprints include physical identifiers such as fingerprints, iris patterns, and facial recognition data.
- Biospecimens refer to biological samples taken from individuals for identity verification and familial linkage testing.
Approved Scientific Methods
The resolution authorizes the use of the following modern scientific techniques in determining citizenship status:
1. Genetic fingerprinting and analysis of hereditary traits.
2. Biometric fingerprinting and analysis of biometric features.
3. Any new scientific methods developed in the future.
Mandatory Participation
All individuals under investigation for matters related to citizenship—whether for granting, withdrawal, loss, or revocation—are required to undergo genetic and biometric data collection as stipulated in the resolution.
National Database
The Ministry of Interior will maintain a secure database containing the collected genetic and biometric data. This will be used to verify identities and prevent impersonation in a precise and effective manner. The Ministry emphasized that the integration of scientific methods aims to enhance accuracy, transparency, and fairness in citizenship-related decisions.
Authorized Authorities and Equipment
Article 4 of the resolution states that the competent authorities responsible for conducting genetic and biometric fingerprint analysis will be designated by the Minister of Interior. Among them must be the center within the General Department of Criminal Evidence.
These designated authorities must possess medically and technically approved equipment to carry out DNA and genetic trait analysis, as well as biometric fingerprint examinations, to establish or disprove paternity and lineage as required under the resolution.
Use of Biometric Fingerprints
Article 5 lays out the process for biometric identification, which includes fingerprinting, iris scans, facial recognition, and photographic image matching. Key provisions include:
1. Biometric fingerprints shall be collected at the General Department of Criminal Evidence, upon request from the General Department of Nationality and Travel Documents or any authority appointed by the Minister of Interior.
2. If the Department of Criminal Evidence—or any other relevant entity—has existing biometric or genetic data for a subject, it must be disclosed and forwarded to the Department of Nationality and Travel Documents. If no data exists, the subject must undergo testing within one week of the request.
3. Results from biometric fingerprint analyses or comparisons must be sent to the Department of Nationality and Travel Documents or the designated authority.
4. The Department of Nationality and Travel Documents will then prepare an official memorandum interpreting the results and recommending whether the data supports the granting, revocation, or denial of citizenship. This will be submitted to the Supreme Committee for Nationality for final action.
5. Upon request from the concerned parties or the Department of Criminal Evidence, and with the approval of the Department of Nationality and Travel Documents or the Minister's designee, biometric fingerprint tests may be repeated to verify accuracy.
Genetic Fingerprinting Procedures
Article 6 specifies the steps for conducting genetic fingerprint testing:
1. A permit must be obtained from the Department of Nationality or another designated authority before conducting any genetic fingerprinting for citizenship-related purposes.
2. Biological samples—such as blood, saliva, or hair—will be collected from the concerned individuals, with all collection procedures properly documented to preserve sample integrity.
3. Analyses must be performed in approved laboratories listed under Article 4. Strict confidentiality must be maintained throughout, and DNA will be extracted and compared based on established technical and medical protocols.
4. Individuals performing genetic fingerprint analysis must meet the following criteria:
- Be included in a list approved by the Ministry of Interior.
- Have no personal relationship (kinship, friendship, hostility, or vested interest) with the individual being tested.
- Must not have a criminal record involving felonies or crimes of moral turpitude or breach of trust.
- Must maintain a documented record of all tests for auditing purposes by the Ministry.
- A detailed report of the results must be submitted in a sealed, confidential envelope to the General Department of Criminal Evidence.
Final Reporting and Review Procedures
Clause F:
The General Department of Criminal Evidence is tasked with preparing a final report containing its official findings and conclusions regarding DNA test results. This report will be submitted to the General Department of Nationality and Travel Documents.
Clause G:
Following the receipt of the report, the General Department of Nationality and Travel Documents will draft a memorandum assessing the implications of the test results and their relevance to citizenship eligibility. This memorandum will be forwarded to the Supreme Nationality Committee for appropriate action.
Clause H:
If requested by the concerned parties or the examining center, and with the approval of the General Department of Nationality and Travel Documents or an authority designated by the Minister of Interior, a DNA test may be repeated to confirm the accuracy of the results.
Approved Sources for DNA Testing
Article 7
DNA samples may be collected from the following sources:
1. Blood
2. Semen
3. Hair root or hair strand
4. Bone
5. Saliva
6. Urine
7. Amniotic fluid from the fetus
8. Fertilized egg cells after division
9. Any body cell
Chain of Custody and Documentation
Article 8
All stages of DNA analysis—from sample collection and transfer to final results—must be thoroughly documented to preserve sample integrity and ensure accurate results. These records shall be securely stored at the General Department of Criminal Evidence and may be audited at any time by the Ministry of Interior to verify their security, accuracy, and confidentiality.
Supervision and Oversight
Article 9
The Ministry of Interior is authorized to seek the expertise of specialists from the Ministry of Health or other relevant bodies to oversee and ensure proper execution of DNA analysis procedures under the resolution's standards.
Confidentiality Measures
Article 10
All genetic data obtained through any scientific method under this resolution must be handled with the utmost confidentiality and privacy.
Implementation and Enforcement
Article 11
The Undersecretary of the Ministry is responsible for implementing this resolution, which comes into effect upon its publication in the Official Gazette.
Arab Times | © Copyright 2024, All Rights Reserved Provided by SyndiGate Media Inc. (Syndigate.info).
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