No Legal Justification To Prevent Non-kuwaiti Families From Living In Model Areas

The director of the legal department in the Kuwait Municipality, Counselor Raja’an Al-Gharib, said according to the current Municipality legislation and regulations, nothing legally prevents non-Kuwaiti families from residing in private and model housing areas.

Al-Gharib said, in a legal memorandum, a copy of which has been obtained by Al-Qabas, the proposal of the governor of the capital, Sheikh Talal Al-Khaled, regarding the amendment of Decree Law 125 of 1992 prohibits non-Kuwaiti families living in private and model housing areas.

He added, this is applicable to bachelors (single men) only and not the non-Kuwaiti families when it comes to address the social, security and economic problems arising from bachelors living in those areas but does not include the families of any specific nationality.

Al-Gharib added the proposal to introduce a legislative amendment to prevent non-Kuwaiti families from residing in private and model housing areas, cannot be taken into account because it contradicts the laws and regulations currently in force in the country as follows:

It conflicts with the provisions of the right of ownership regulated by the Civil Code, which gives the owner the right to dispose, use and exploit his property within the limits of the applicable regulations.
It contradicts the provisions of Law No. 1 of 2004 treating GCC nationals as Kuwaitis, with regard to owning land and real estate built in the State of Kuwait, especially since the proposal is based on a general idea of preventing any non-Kuwaiti family from residing in private and model areas in order to preserve the Kuwaiti identity, customs and traditions, while Gulf families are very similar to the Kuwaiti society in customs and traditions, and therefore there is no acceptable justification for banning their residence in private and model areas.
It contradicts the provisions of Decree-Law No. 74 of 1979 regulating the ownership of real estate by non-Kuwaitis, which allows Arab and foreign countries to own real estate designated for the headquarters of their embassies, consulates, delegations and diplomatic missions, and the residence of the head of the diplomatic mission and its members in all residential areas organized in the State of Kuwait without exception, as well as allowing an Arab to own one property in the State of Kuwait in accordance with the conditions set forth in the aforementioned law.
Al-Gharib stressed that there is no objection to the residence of non-Kuwaiti families in the private and model housing areas of housing, as long as the law allowed a group of them to own real estate in the State of Kuwait, especially since the proposal prohibits the residence of any non-Kuwaiti family in the areas of private and model housing in order to preserve the Kuwaiti identity and customs.
As for the Arabs when it comes to traditions, the Arab families are very similar to the Kuwaiti society in customs and traditions, and the Constitution of Kuwait in its first article stipulates that the people of Kuwait are part of the Arab nation, in order to strengthen the bonds of Arab unity, and therefore there is no acceptable justification for banning them from private and model housing areas.

 

SOURCE  :   TIMES KUWAIT

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