SUB-REGIONAL OVERVIEW: CENTRAL ASIA
SUB-REGIONAL OVERVIEW: CENTRAL ASIA
TABLE 11
Citizenship stripping
Reported stateless persons to the UNHCR
Country
Kyrgyzstan
2019 (year start)548
2020 (year end)549
2021 (year end)550
2022 (year end)551
548 (0 at year end)
18
600
203
Source: UNHCR, Global Trends: Forced Displacement from 2019-2022.
permanent residence permit as well as an official
document verifying their stateless status.552
There is currently no legislation regarding the
collection of quantitative data on stateless
persons in Kyrgyzstan.553 Further, statelessness
determination is not covered by a specific
statelessness determination procedure placed
down in legislation but rather under regulations that
are limited in their scope and only apply to certain
categories of persons. The current regulations do
not align with international standards.554
Lack of legal safeguards against
childhood statelessness
Further, children of stateless parents who are
temporarily residing in Kyrgyzstan and those who
are in the process of relinquishing their citizenship
of another state to gain Kyrgyz citizenship have
historically been at risk of statelessness.556 While
recent amendments to citizenship laws should
provide protection to these cohorts, their impact
is yet to be seen.
In Kyrgyzstan, citizenship laws have been amended
to remove the requirement of written consent
from parents of different citizenship in order to
pass Kyrgyz citizenship to their child which had
created the potential for children in this situation
to remain stateless.557 Amendments have also
been made to address a gap in legal protection
that existed for children born to stateless parents
who are not permanent residents of Kyrgyzstan,
with the requirements of residence removed
from Article 12 of the Law on Citizenship.558 Article
12 stipulates that children with one parent who
is stateless or unknown and one parent who is
a citizen of Kyrgyzstan will have citizenship of
Kyrgyzstan, regardless of their birthplace.559
Further, jus soli provisions also provide that a
child born in the territory whose parents or single
parent are stateless will also be a citizen.560 Further,
where a child is born on the territory of Kyrgyzstan
to foreign parents or a single parent and the
state of their citizenship fails to grant citizenship
to the child, they will be considered a citizen of
Kyrgyzstan.561 Foundling children are also provided
with citizenship as per Article 12 of the Law.562
The nomadic Lyuli/Mugat community have low access
to social services due to discrimination. While the
Lyuli/Mugat community is largely no longer nomadic,
their nomadic past meant that many members of the
community never acquired documentation such as
birth certificates.
Further the citizenship laws have been amended
to remove the requirement of written consent from
parents of different citizenship in order to pass
Kyrgyz citizenship to their child which had created
the potential for children in this situation to remain
stateless.
Persons at risk of statelessness
The nomadic Lyuli/Mugat community have low
access to social services due to discrimination.555
While the Lyuli/Mugat community is largely no
longer nomadic, their nomadic past meant that
many members of the community never acquired
documentation such as birth certificates.
54
Causes of Statelessness
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Kyrgyzstan has undertaken major amendments
to the country’s citizenship laws to address a
lack of safeguards against statelessness in the
case of deprivation of citizenship.563 A Kyrgyz
citizen may lose their nationality if they are found
to be or have been involved in the commission
of a terrorist crime.564 Article 41 of the Law on
Citizenship provides that decisions regarding
“citizenship may be appealed through the court”
within six months of the decision.565 If this
deadline is missed for a legitimate reason, an
appeal may be filed.566
A Kyrgyz citizen may lose their nationality if they are
found to be or have been involved in the commission
of a terrorist crime
Administrative barriers
Although Kyrgyzstan does have a high birth
registration rate at 98.9%567, over 18,000 children
under the age of 5 are lacking birth registration
which prevents their access to many basic
services.568 Previously, in order to register a birth
of a child, the parents had to show documentation
proving their identity, which presented a barrier
for the birth registration of children born to two
parents without documentation.569 However, in
June of 2023, a new law came into effect which
ensures that all children are registered at birth
regardless of the legal status of their parents.570
This new law also protects children who have
already been born to stateless or undocumented
parents as they will now also be eligible for
birth registration.571 Certifying documents for
citizenship in Kyrgyzstan include both a birth
certificate and passport.572 As a result, increased
access to birth registration is likely to increase
access to citizenship for individuals and families
affected by statelessness in Kyrgyzstan.
While not an administrative barrier, increasing
trends of unregistered marriages in rural areas
is one reason why birth registration remains an
issue.573 While women have equal access to birth
registration in law, in practice oftentimes the
equality is not there.574
in June of 2023, a new law came into effect which
ensures that all children are registered at birth
regardless of the legal status of their parents. This
new law also protects children who have already been
born to stateless or undocumented parents as they
will now also be eligible for birth registration.
REPORT 2024
55
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents