SUB-REGIONAL OVERVIEW: CENTRAL ASIA SUB-REGIONAL OVERVIEW: CENTRAL ASIA stateless persons in Uzbekistan, resulting in automatic citizenship at birth for these children.335 However, children born to one stateless parent and one foreign parent will not be a citizen in Uzbekistan.336 In Kazakhstan and Turkmenistan, a child born to one stateless parent and one citizen parent will be a citizen regardless of birthplace.337 Further, children born to two foreign citizens in Kyrgyzstan and Turkmenistan will be a citizen if not guaranteed citizenship elsewhere.338 burden of proof on the stateless person to prove their lack of nationality. Tajikistan’s Constitution defines a stateless person as “a person who is not considered a citizen of any state in accordance with its legislation,” which is in line with the definition included in the 1954 Convention relating to the Status of Stateless Persons.340 Kyrgyzstan’s 2023 amendments to citizenship laws changed its definition to remove the burden of proof and bring the definition in line with the 1954 Convention.341 The definitions of a stateless person in the national citizenship legislation of Kazakhstan, Turkmenistan, and Uzbekistan do not align with the definition provided by the 1954 Convention, which determines status of a potential stateless person by referring to national legislation on citizenship of the country the person has or had ties with.339 All but Tajikistan and Kyrgyzstan define stateless persons in such a way that places the Naturalized citizenship For all countries in Central Asia, permanent residence in the country is required for five years prior to submitting an application for naturalization.342 There is a simplified or expedited Uzbekistan only allows this simplified process for stateless persons who are direct descendents of an Uzbek citizen TABLE 5 Conditions to acquiring citizenship by children in the Central Asian Countires Conditions Child born in the territory to one citizen parent & one stateless parent Children born to stateless parent(s) Children born in the territory to two foreign citizen parents (where they would otherwise be stateless) Children born to one stateless parent, one foreign parent Foundlings Children who would otherwise be stateless ✅ ⛔ ⚠ 40 ✅ Kazakhstan 343 parents must have permanent residence348 ⛔ 353 ⚠ ✅ ⚠ 361 Kyrgyzstan ✅ 344 ✅ 349 ✅ 354 ✅ 357 ✅ 362 also applies to children born in this scenario outside the country ⚠ ✅ Tajikistan Uzbekistan ✅ 346 ✅ 351 ✅ 355 ✅ only if born in the ⛔ 359 ✅ but may have to go ✅ 364 345 parents must have permanent residence350 ⚠ territory ⚠ Existing provision which provides automatic citizenship to children in this case Existing provision which stipulates that children in this case will not gain citizenship No existing provisions applying to children in this case (may be at risk?) STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) ⚠ ✅ 347 one parent must be habitually resident352 ✅ if not granted citizenship elsewhere356 ✅ only if born in the territory360 358 through application process363 Turkmenistan ✅ 365 ✅ 366 process of naturalization available for stateless persons in Kyrgyzstan, Tajikistan and Uzbekistan; however, Uzbekistan only allows this simplified process for stateless persons who are direct descendents of an Uzbek citizen.367 In Tajikistan, stateless persons may apply for naturalization at half the required period of permanent residence (two and a half years).368 In Kyrgyzstan, an expedited and simplified naturalization process is accessible for stateless persons and refugees.369 There is no simplified or expedited procedure available to stateless persons in Kazakhstan or Turkmenistan. For stateless persons in both Kazakhstan and Kyrgyzstan, the documentation required to apply for naturalization may be a barrier.370 In Tajikistan, stateless persons may apply for naturalization at half the required period of permanent residence (two and a half years) In Kazakhstan, stateless persons must provide documentary proof of absence or termination of citizenship of another State in order to gain permanent residence status (a prerequisite for naturalization) and many forms of such documentation are not accepted by the Republic.371 Kyrgyzstan also requires extensive documentation to prove stateless status and attain permanent residence status before applying for naturalization.372 Article 32 of the 1954 Convention relating to the Status of Stateless Persons stipulates that such a process should be expedited for stateless persons to “reduce as far as possible the charges and costs of such proceedings”.373 UNHCR recommends that in order to expedite the process and align with the 1954 Convention, the requirement of permanent residence should be removed from the process of naturalization for stateless persons.374 Kyrgyzstan, the naturalization process is expedited and a simplified process is accessible for stateless persons and refugees In Kazakhstan, stateless persons must provide documentary proof of absence or termination of citizenship of another state in order to gain permanent residence status (a prerequisite for naturalization) and many forms of such documentation are not accepted by the Republic Dual citizenship Dual citizenship is generally not permitted in any country of Central Asia.375 In Tajikistan, a person applying for citizenship must first renounce their prior citizenship, leaving people in this process at risk of statelessness.376 There are no provisions stipulating the process of renunciation in the citizenship legislation of Kazakhstan or Turkmenistan. Uzbekistan and Kyrgyzstan provide some safeguards against statelessness in the process of renunciation of prior citizenship in order to gain new citizenship.377 However, in Uzbekistan these safeguards are only for descendents of an Uzbek citizen, who will receive a letter of guarantee of citizenship for one year during which they must renounce prior citizenship.378 This ensures that they do not become stateless in between the process of renunciation and acceptance of citizenship to Uzbekistan. These same protections are not applied for foreign citizens in Uzbekistan.379 Article 7(1)(a) of the 1961 Convention on the Reduction of Statelessness states that State parties which allow renunciation of citizenship must ensure that “such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality”.380 Uzbekistan and Kyrgyzstan provide some safeguards against statelessness in the process of renunciation of prior citizenship in order to gain new citizenship. In Uzbekistan these safeguards are only for descendents of an Uzbek citizen, who will receive a letter of guarantee of citizenship for one year during which they must renounce prior citizenship. These same protections are not applied for foreign citizens in Uzbekistan. REPORT 2024 41