SUB-REGIONAL OVERVIEW: CENTRAL ASIA SUB-REGIONAL OVERVIEW: CENTRAL ASIA TABLE 8 TABLE 9 Status of Accession Of International Human Rights Treaties Reported stateless persons to the UNHCR Country Kazakhstan ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ Refugee ✅ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention A stateless person can only begin accumulating the years of residency required for naturalization after they have successfully completed the Statelessness Determination Procedures (SDPs), and are formally recognised as stateless.473 Difficulties accessing the SDP for some stateless persons can present a barrier to stateless persons’ naturalization in Kazakhstan.474 A stateless person can only begin accumulating the years of residency required for naturalization after they have successfully completed the Statelessness Determination Procedures (SDPs), and are formally recognised as stateless. Dual citizenship Dual citizenship is not permitted in Kazakhstan’s citizenship laws with Article 3 stating that the Republic of Kazakhstan does not recognize the citizenship of another state to its citizens.475 Article 21 further states that gaining citizenship of a different state will result in loss of citizenship of Kazakhstan.476 The Law does not provide details on the process of renunciation of prior citizenship upon application for citizenship of Kazakhstan. Treaty ratification status Article 2 of the Law of the Republic of Kazakhstan on Citizenship of the Republic of Kazakhstan states that the rules of any ratified international treaties take precedence over the rules included in the Law.477 Dual citizenship is not permitted in Kazakhstan’s citizenship laws with Article 3 stating that the Republic of Kazakhstan does not recognize the citizenship of another state to its citizens. 48 ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness Aside from the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, Kazakhstan has ratified all relevant international treaties, which include the 1951 Refugee Convention and its 1967 Protocol, the ICCPR, ICESCR, ICERD, CRC, and CEDAW. There were no notable reservations from Kazakhstan on these ratifications. Under CEDAW, Kazakhstan is required to ensure gender equality in nationality laws.478 In Kazakhstan’s recent concluding observations by the CEDAW Committee, it was identified that reacquisition of nationality after loss of nationality through marriage is not always possible and, therefore, legislation should be reviewed to ensure that women can re-acquire nationality in cases of dissolution or non-occurrence of marriage.479 It was also recommended that Kazakhstan ensure the right to appeal to protect against arbitrary deprivation of nationality.480 Recent concluding observations by the CERD Committee also included recommendations for Kazakhstan to improve data collection on the number of stateless persons in the territory.481 Kazakhstan has also already committed to ensuring that every child’s birth is registered immediately by ratifying the ICCPR and the CRC.482 However, the State has been non-compliant with its obligations under ICCPR, CRC, and its statelessness pledge of 2019 due to the lack of proper implementation of birth registration to children of undocumented parents.483 This also relates to Kazakhstan’s obligations under the CRC which requires that signatory states leave no child to statelessness.484 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Country CEDAW Kazakhstan 2019 (year start)485 2020 (year end)486 2021 (year end)487 2022 (year end)488 7,690 7,999 7,831 8,569 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. The CRC Committee in 2015 recommended that Kazakhstan ensure stateless children access to free education and health care services.489 Population Reported stateless persons In 2022, UNHCR reported 8,569 stateless persons in Kazakhstan, which shows an increase of 738 reported stateless persons in the year since 2021.490 The true number of stateless persons living in Kazakhstan may be higher than reported, with ICERD noting that data collection needs improvement.491 The reported population in 2022 shows an increase of 879 reported stateless people since the start of 2019.492 Kazakhstan’s Pledges to End Statelessness Kazakhstan made two pledges at the 2023 Global Refugee Forum to “establish relevant legislative safeguards to reduce statelessness in Kazakhstan within 2024-2025” and “reducing the number of stateless persons through naturalization in 2024”.493 At the High-Level Segment on Statelessness in 2019, Kazakhstan made a pledge to “improve access to birth registration procedures through amendment of the national legislation to ensure that every child is registered at birth”.494 The stateless population in Kazakhstan is largely made up of those who did not acquire citizenship of Kazakhstan or another successor state after the dissolution of the USSR in 1991.495 In 2020, a nation-wide campaign to identify stateless persons was launched by UNHCR with the goal of increasing registration and resolution of statelessness in Kazakhstan.496 Persons at risk of statelessness Those who are at risk of statelessness in Kazakhstan generally comprise of children born to two foreign parents within Kazakhstan’s territory, children born to refugees, undocumented parents, or parents who are otherwise unable to confer nationality to their child, as well as children born to stateless parents who are not permanent residents of Kazakhstan.497 Causes of Statelessness Lack of legal safeguards against childhood statelessness Kazakhstan’s national legislation provides that children born to one Kazakhstani citizen parent and one parent who is officially recognized as stateless or whose nationality is undetermined will Those who are at risk of statelessness in Kazakhstan generally comprise of children born to two foreign parents within Kazakhstan’s territory, children born to refugees, undocumented parents, or parents who are otherwise unable to confer nationality to their child, as well as children born to stateless parents who are not permanent residents of Kazakhstan. REPORT 2024 49