SUB-REGIONAL OVERVIEW: CENTRAL ASIA SUB-REGIONAL OVERVIEW: CENTRAL ASIA Tajikistan Laws Citizenship Law The new Law provided the opportunity for stateless persons to obtain residence permits, resolve complex cases of statelessness, and a possibility of gaining citizenship in just three years. who have outstanding achievements, are former USSR citizens, or are a child or incapacitated person who is in state custody or guardianship.585 A 2008 amendment to the Constitutional Law removed access to this simplified procedure for refugees.586 While some stateless persons can still access this procedure, UNHCR recommends that the Republic of Tajikistan ensure that it is open to refugees as well.587 Dual citizenship The Constitution states that only Tajik citizenship of dual citizens will be recognized unless covered by a treaty recognizing dual citizenship of the specific state/s.593 For a foreign citizen to obtain citizenship of Tajikistan, they must include proof of renunciation of previous citizenship in the application for citizenship, leaving them vulnerable to become stateless if the Republic of Tajikistan rejects their application for citizenship.594 Jus sanguinis and jus soli provisions In Tajikistan, both jus sanguinis and jus soli provisions are included in the main legislative instrument for citizenship and nationality.575 According to the Constitutional Law of the Republic of Tajikistan on Nationality of the Republic of Tajikistan, if a child is born to at least one citizen of Tajikistan, they will be a citizen regardless of birthplace.576 For children born on the territory of Tajikistan where one parent is a citizen and the other holds a different citizenship, there are no additional requirements.577 However, if the child is born outside the territory, they must have at least one parent with permanent residence in Tajikistan in order to be eligible for citizenship.578 If neither of the parents have permanent residence, a written agreement is required from the parents.579 To ensure that the child does not become stateless as a result of a disagreement between the parents, the law stipulates that if an agreement has not been reached within three months of the child’s birth, the child will be considered a national of the Republic if not granted nationality of another state.580 Stateless persons who are ineligible for naturalization through the simplified procedure can apply for naturalization at half the required period of permanent residence.588 UNHCR recommends that the requirement of permanent residence be removed for the process of naturalization for stateless persons to further expedite the process.589 Treaty ratification status Article 3 of the Constitutional Law of the Republic of Tajikistan on Nationality of the Republic of Tajikistan states that both “the present Constitutional Law and international treaties of Tajikistan shall be applied” for issues pertaining to nationality of the Republic of Tajikistan.595 The Constitutional Law 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.581 The Law also states in Article 6 that stateless persons are encouraged to acquire citizenship of Tajikistan.582 In 2019, the Law of the Republic of Tajikistan On Amnesty Related to Legalization of Stateless Persons and Foreign Nationals Illegally Residing in the Territory of the Republic of Tajikistan was passed, which includes provisions for foreign nationals and stateless persons to legalize and regularize their status.590 The new Law provided the opportunity for stateless persons to obtain residence permits, resolve complex cases of statelessness, and a possibility of gaining citizenship in just three years.591 However, an expiration date was placed on this new Amnesty Law for December of 2022, which UNHCR recommends that the Republic of Tajikistan extend to provide more people affected by statelessness the opportunity to address their legal status.592 Naturalized citizenship TABLE 12 Foreign citizens and stateless persons alike have the right to apply for nationality in Tajikistan.583 In order to do so, one must have permanent continuous residence in Tajikistan for five years, be able to communicate in the state language, and have no criminal prosecution.584 There is a simplified procedure for naturalization open to both foreigners and stateless persons Status of Accession Of International Human Rights Treaties In Tajikistan, both jus sanguinis and jus soli provisions are included in the main legislative instrument for citizenship and nationality. 56 Foreign citizens and stateless persons alike have the right to apply for nationality in Tajikistan. STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Country Tajikistan ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ While Tajikistan has not yet ratified the 1954 Convention relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness, it has ratified the 1951 Refugee Convention and its 1967 Protocol, the ICCPR, ICESCR, ICERD, CRC, and CEDAW. Tajikistan has made no reservation in the ratification of these treaties. In 2018, the CEDAW Committee in its concluding observations expressed concerns regarding the marginalization and high rate of statelessness among women and their disproportionate lack Refugee Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ✅ ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness REPORT 2024 57