Page 186 - The Arabian Gulf States_Neat

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! 124 THE LEGAL STATUS OF THE ARABIAN GULF STATES
In connection with the Gulf Slates, it should be observed that since
Muscat is not a British protected Stale, she is not, therefore, covered
i
by the provisions of this Order. With regard to the Shaikhdoms, they
are, for the purposes of the Order, enumerated under the Second
Schedule of the Order as protected States.1 At present the only
i Shaikhdoms which have separate nationality laws of their own arc
!
Bahrain, Kuwait and Qatar. They thus fall under Article 12 (1) of the
Order. The Trucial Shaikhdoms do not seem to have issued separate
nationality laws, and to these Section 12 (2), therefore, applies.2
! In the light of the above-mentioned Sections of the Order, an
attempt will be made (1) to explain the relevant provisions of the
nationality laws of those Shaikhdoms which have such laws, and (2)
to elucidate the nature of the rights and privileges enjoyed by the
nationals of these States in the eyes of English law.
1 • Nationality laws of Bahrain, Kuwait and Qatar
The nationality laws of these States define who can be properly
described as a citizen or national of Bahrain, Kuwait or Qatar respec­
tively. The Ruler or the government of each State has the power to
grant to, and withhold from, any person resident in these States the
i right to become a national of any of the Shaikhdoms in question, pro­
vided that an application is made and certain conditions are satisfied
by the applicant. The provisions of these laws are, briefly, as follows:
(a) The Bahrain Nationality Law of 8 May 1937,3 comprises
5 Articles. Article 1 regards nationals:
(a) All persons born in Bahrain before or after the promulgation of this
law except as provided in Article 2.
1 Muscat is not mentioned in any of the Schedules of the Order. For the Shaikh­
* doms, sec Second Schedule of the Order, 1949. cited above.
2 This means that the nationals of the Trucial Shaikhdoms are defined as pro­
tected persons as if they arc connected with protectorates. Sec text above.
It should be noted, in this connection, that the above discussion applies to
Kuwait in so far as she was still a British protected State, within the meaning of the
above-mentioned Order in Council of 1949.
3 Law No. 20/1356, dated 27 Safar 1356, Government of Bahrain, Collection
of Laws and Notices (Arabic text), 1958, pp. 67-8. It should be pointed out that
the Law of 1937 has now been replaced by the Bahraini Nationality Law of 1963
(Bahrain Government, Official Gazette (Arabic text). No. 534, 19 September 1963).
The new Law docs not substantially differ from the old one. It is however, more
extensive and it contains 12 Articles. It classifies Bahrainis into three categories
by adding a new category, namely, Bahrainis by descent. The new changes arc:
{a) It requires fifteen years (instead of ten) for obtaining nationality by naturalisa­
tion. (/;) It omits Article 2 of the old law regarding the non-application of Bahraini
nationality to persons born in Bahrain who are registered with the British Political
Agency as foreigners, (r) It attributes Bahraini nationality to foundlings found in
Bahrain, (d) It entrusts the Ruler with the right to return to a person his Bahraini
nationality which was withdrawn from him previously.