Tajikistan’s Pledges to End
Statelessness
SUB-REGIONAL OVERVIEW: CENTRAL ASIA
Tajikistan made four pledges pertaining to
statelessness at the High-Level Segment on
Statelessness in 2019.606 The pledges included
committing to consider legalization of persons
illegally residing in Tajikistan (Amnesty Law),
reform the Civil Registration System and ensure
safeguards for universal child birth registration,
consider ratification of the 1954 and 1961
Conventions on statelessness, and “explore the
scale of statelessness through identification
of persons at risk of statelessness, stateless
persons and persons with undetermined
nationality.607
of access to social and economic services.596 As a
party to CEDAW, Tajikistan is obligated to ensure
gender equality in nationality laws.597 While there
are no discriminatory provisions in Tajikistan’s
legislation, data suggests that implementation has
not resulted in equality.598 Included in the 2023
concluding observations by the CERD Committee
were concerns about the 2011 Family Code which
places discriminatory regulations on foreigners
and stateless persons marrying Tajik women.599
By ratifying the ICERD, Tajikistan has committed
to ensure no discrimination based on nationality
or legal status.600
On this, Tajikistan has successfully enacted
a new Amnesty Law and reform the Civil
Registration System, but did not follow through
in ratifying the Conventions on statelessness
or improving its identification of stateless
persons.608 One of the key protection issues,
challenges, and recommendations included in
Tajikistan’s 2021 UPR submission was universal
birth registration.609 It was noted that parents
who lack identity documents may have difficulty
registering their child’s birth in practice.610
Recommendations on this include amending the
Law on Civil Registration to ensure there are no
barriers for parents without identity documents
and “raise awareness of the importance of birth
registration and birth certificates, especially in
rural areas”.611
Under the CRC, Tajikistan is also bound to ensure
that every child is registered immediately at
birth.601 While recent improvements in legislation
have significantly improved access to birth
registration in rural areas, the Republic should
monitor the implementation to ensure that
birth registration rates continue to increase and
become more equal in accessibility.602
Tajikistan is one of only four states globally to
have ratified the Convention on Legal Aid and
Legal Relations in Civil, Family and Criminal Cases
(‘Minsk Convention’), which marks its obligation
to ensure the right to a nationality, the right to
change nationality, and freedom from arbitrary
deprivation of nationality.603
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.
Population
Reported stateless persons
In 2022, there were 5,391 reported stateless
persons in Tajikistan, which is a decrease of 719
stateless persons from the reported population
in 2021.604 However, the reported population
has overall increased by 775 people since the
beginning of 2019.605
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Like all countries in Central Asia, Tajikistan has
been directly affected by the disintegration of the
USSR which left millions on the wrong side of the
borders of fifteen new successor states.612 Those
who have not yet gained citizenship of Tajikistan
after the disintegration make up a major portion of
the reported stateless population in Tajikistan.613
Further, Tajikistan experienced a civil war
throughout the 1990s that caused economic and
political hardship and resulted in displacement
that left some people stateless.614 Statelessness
in Tajikistan is also partly attributed to legislative
and administrative gaps.615
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
SUB-REGIONAL OVERVIEW: CENTRAL ASIA
TABLE 13
Reported stateless persons to the UNHCR
Country
Tajikistan
2019 (year start)616
2020 (year end)617
2021 (year end)618
2022 (year end)619
4,616
6,385
6,110
5,391
Source: UNHCR, Global Trends: Forced Displacement from 2019-2022.
While Tajikistan has launched identification
campaigns across different regions of the country,
insufficient infrastructure in the country has
presented a major challenge for identifying
individuals affected by statelessness.620 This is
especially problematic due to the fact that the
majority of stateless communities in Tajikistan
live in remote border areas.621 Official statistics
on stateless persons in Tajikistan only includes
individuals who have a permanent residence
permit as well as an official document verifying
their stateless status.622
While Tajikistan has launched identification
campaigns across different regions of the country,
insufficient infrastructure in the country has presented
a major challenge for identifying individuals affected
by statelessness.
Women make up 65% of the reported stateless
population in Tajikistan, which has been noted to
be a result of women disproportionately lacking
valid identity documents compared to men.623
Male family members tend to be the first to
receive the limited resources available to rural
families where rates of statelessness are higher.624
Persons at risk of statelessness
Populations at risk of statelessness in Tajikistan
include foreign citizens who are in the process
of applying for citizenship of the Republic,
children born to stateless parents or parents
with undetermined nationality who do not
have permanent residence.625 Tajikistan also
hosts some of the Lyuli/Mughat ethnic group,
recognized in Tajikistan as the Roma/Jughi, who
face socioeconomic discrimination and barriers
to social services which increase their risk of
statelessness.626
Causes of Statelessness
Lack of legal safeguards against
childhood statelessness
For children born to one citizen parent and one
stateless parent they are entitled to citizenship
regardless of their place of birth.627 Despite this
protection under the Constitutional Law, UNHCR
has raised concerns that children in these
circumstances may still be at risk of statelessness.
If the parent with different citizenship is stateless,
there is a possibility for the child to become
stateless as well, despite Article 13(4) of the
Constitutional Law stating they will be a citizen,
due to specifications in the Resolution on the rules
of issuance of passports of nationals of the Republic
of Tajikistan”.628 There however, is a difference in
the way citizenship is established if the mother
is a stateless individual and the father is a citizen
of the Republic of Tajikistan.629 The child acquires
Tajik citizenship upon the presence of a marriage/
dissolution certificate of parents, necessary to
confirm the fact of paternity of the biological
father of the child. On the birth certificate of the
child the name of the child's father (a citizen of
Tajikistan) is indicated. If the mother is a citizen
of the Republic of Tajikistan and the father is a
stateless individual, the child is automatically
granted citizenship, even if the marriage of the
parents is not registered at the civil registry
office.630 In this case, the basis for obtaining a birth
certificate for the child is a medical document on
the fact of birth issued in a maternity hospital.
Similar to other Central Asian countries,
Tajikistan’s citizenship laws include an additional
condition of permanent residency when both
parents are stateless. The law states that if a
REPORT 2024
59
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