Good practices in nationality laws for the prevention of childhood statelessness
to the child”.75 There is also a provision for foundlings, which confirms that a child living
in Kyrgyzstan whose parents are unknown is a citizen of Kyrgyzstan. Helpfully, there is
no age limit — it applies to all children under the age of 18. A birth certificate is not proof
of citizenship but can be used to apply for a passport, which will trigger determination of
the child’s citizenship.
The law does not allow deprivation of citizenship of children, or anyone: the Constitution
of the Kyrgyz Republic, Article 51, Part 2 states: “No citizen of the Kyrgyz Republic may
be deprived of his or her citizenship.” However, Kyrgyz citizenship may be “lost” in certain
circumstances. UNHCR considered, as of May 2023, that these grounds were compliant
with the 1961 Convention.76 Since February 2023, the Law on Citizenship (Article 24)
prevents renunciation of citizenship if it will result in statelessness.77
Since 2023, the law defines statelessness in terms consistent with the 1954 Convention
definition.78 Previously, the law required evidence of lack of citizenship in another country,
but, in a positive development, this requirement was removed in a 2023 amendment to
the nationality law.
In May 2023, the Government adopted amendments to the Law on the Legal Status of
Foreign Citizens which authorize the establishment of a comprehensive statelessness
determination procedure, allowing for further safeguards, including for children who were
not born on the territory.79
The impact of safeguards against childhood statelessness
Kyrgyzstan’s strong measures to address statelessness resulted in the number of stateless
children (and adults) falling to zero in 2019. Very few cases of statelessness have arisen
since 2019, and these are being addressed through continuing efforts.
75
Ibid., Art. 12, paras. 4-5.:
“4.
The child born on the territory of the Kyrgyz Republic, whose parents or single parent are stateless persons,
shall be the citizen of the Kyrgyz Republic.
5.
The child born on the territory of the Kyrgyz Republic, whose both parents or single parent are foreign
nationals, shall be the citizen of the Kyrgyz Republic, if the state of citizenship of both parents or single
parent fails to grant citizenship to the child.”
Grounds for loss of citizenship include: use of false information or documents in the acquisition of citizenship
of the Kyrgyz Republic; acquisition of citizenship of a country bordering the Kyrgyz Republic; renunciation
of citizenship (where the person has another nationality); or on grounds set out in an international treaty to
which the Kyrgyz Republic is a Party. See UNHCR, Statelessness in the Kyrgyz Republic (2nd ed.).
On Citizenship of the Kyrgyz Republic, Kyrgyz Republic, Law No. 70, adopted 21 May 2007 including
amendments 22 February 2023, Art. 24.
Ibid.
UNHCR, Statelessness in the Kyrgyz Republic (2nd ed.), p. 7.
76
77
78
79
36