BACKGROUND
The collapse of the Soviet Union led to unregulated migration throughout Central Asia. Armed
conflicts in the 1990s, economic crisis and ethnic conflicts made thousands of persons leave
their homes in search of better or safer lives in neighbouring states. Some moved to attain
permanent residence and change of citizenship. Others sought temporary employment. But
the majority of these persons lacked a clearly defined status among the local population thus
is at risk of becoming stateless. Border delimitation processes, incompatibility of national citizenship legislation with international standards for the prevention of statelessness and many
other factors contributed to a growth in the number of stateless persons.
Newly independent states on post-Soviet territory tried to manage migration flows and to solve
emerging citizenship problems. The Kyrgyz Republic, for instance, concluded multilateral and
bilateral agreements on simplified procedures for citizenship acquisition. Especially commendable are the bilateral agreements between the Kyrgyz Republic and the Republic of Tajikistan
On granting the right for renunciation of citizenship in simplified procedures for citizens of
the Republic of Tajikistan and granting them the right to acquisition of citizenship of the Kyrgyz Republic in simplified procedures (2002) and On simplified procedures for acquisition of
citizenship (2004). These agreements allowed many Tajik citizens, most of them refugees, to
obtain Kyrgyz citizenship.
Natives of Uzbekistan residing on the territory of the Kyrgyz Republic in practice often do
not have the possibility to attain Kyrgyz citizenship. They lack the support of similar bilateral
agreements and their problems continue despite the adoption of the new law On the citizenship of the Kyrgyz Republic in May 2007, which should have solved them. A majority of those
affected are women.
Stateless persons face serious problems: Their freedom of movement is limited, and it is difficult, sometimes almost impossible, for them to register marriage or the birth of a child. They
have no access to legal employment and social welfare. They report various forms of discrimination, and violations of their rights and interests by authorities. At the same time, crimes and
other illegal actions that victimise them often remain undocumented and unreported.
This uncertainty can give rise to conflict and tension. Article 39 of the Administrative Code of
the Kyrgyz Republic stipulates that foreign citizens and stateless persons can be deported
if they violate the terms of their stay in the Kyrgyz Republic. Measures to combat extremism
and protect national security have aggravated the situation. According to the Internal Affairs Department of Osh Province, 218 violations of the passport regime were reported in the
province in 2008 alone: 70 aliens were consequently fined a total of 123 thousand KGS and
seven aliens were deported, including three persons from the People’s Republic of China and
four from Uzbekistan.* Scaling up of such measures, although lawful, could generate serious
conflicts by tearing apart families and depriving them of their property. Since many aliens have
nowhere to go, they would resist deportation from the Kyrgyz Republic.
*
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AkiPress Fergana, http://fergana.akipress.org/index.php?id=32505
The Situation of Stateless Persons in the Kyrgyz Republic: Findings of Surveys Commissioned by the UNHCR