SUB-REGIONAL OVERVIEW: CENTRAL ASIA Currently, the Law of the Republic of Kazakhstan on Citizenship of the Republic of Kazakhstan defines a stateless person as any person who is not a citizen of Kazakhstan and does not have proof of citizenship elsewhere, placing the burden of proof on the stateless person. have Kazakhstani citizenship by descent no matter their birthplace.498 The law also provides for those children who are born to two stateless parents within Kazakhstan will only have citizenship if their parents are permanent residents.499 Foundling children in the territory of Kazakhstan are considered citizens through jus soli provisions if their parents are unknown.500 Citizenship is also protected for children under the age of 14 whose mother is stateless or has undetermined nationality and whose father is a citizen.501 Provisions affecting children born to a citizen and a foreign parent outside of Kazakhstan which stipulate a requirement of written consent from the parents in order to pass citizenship to their child could leave some children at risk of statelessness.502 Citizenship stripping Article 10(2) of the Constitution of Kazakhstan states that a citizen may be stripped of citizenship by an order of the Court only on the grounds of commission of terrorist crimes or acting against the interests of the Republic of Kazakhstan.503 There are currently no laws in Kazakhstan preventing those who are stripped of their citizenship from becoming stateless.504 Although, individuals are able to file appeals to reinstate their citizenship.505 Administrative barriers Aside from political rights, stateless individuals in Kazakhstan enjoy nearly equal rights to citizens, which has lowered the priority to resolve stateless status in the country.506 For children a birth certificate as well as a passport of either parent are required in order to become a citizen of Kazakhstan.507 Despite 50 SUB-REGIONAL OVERVIEW: CENTRAL ASIA Article 10(2) of the Constitution of Kazakhstan states that a citizen may be stripped of citizenship by an order of the Court only on the grounds of commission of terrorist crimes or acting against the interests of the Republic of Kazakhstan. Kazakhstan’s birth registration rate standing around 90-99%508, concerns have been expressed with regards to provisions for documentation to a child born to two undocumented parents.509 The Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family stipulates that birth registration is administered via “medical birth certificate or a copy of a court decision establishing the fact of birth”.510 Article 187 of the Code, states that the registration for a child born to two undocumented parents (unable to provide a passport) or a mother without proof of identity in a medical institution will be administered under the statement of information given by the mother.511 Concerns have been raised with the implementation of this legislation, which often results in issuance of documents that are not in full compliance with the law and lack information given by the mother about her identity.512 The lack of thorough and consistent birth registration for children born to undocumented parents places such children at risk of statelessness.513 If a child of two undocumented parents is born outside of medical facilities, they are especially at risk of statelessness as they are not protected by laws regulating birth registration.514 The Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family stipulates that birth registration is administered via “medical birth certificate or a copy of a court decision establishing the fact of birth”.Article 187 of the Code, states that the registration for a child born to two undocumented parents (unable to provide a passport) or a mother without proof of identity in a medical institution will be administered under the statement of information given by the mother. STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Kyrgyzstan Laws Citizenship Law Jus sanguinis and jus soli provisions The Law of the Kyrgyz Republic on Citizenship of the Kyrgyz Republic contains both jus sanguinis and jus soli provisions.515 Under Article 12 of the Law, a child, one or both of whose parents are citizens of Kyrgyzstan, is considered a citizen of Kyrgyzstan regardless of birthplace.516 Amendments were made in February 2023 to the citizenship laws of Kyrgyzstan removing the problematic requirements for written consent to acquire citizenship in circumstances where one parent is a foreign national.517 Now, in instances where one parent is a citizen of Kyrgyzstan and another parent is a foreign national, the child is considered a citizen of Kyrgyzstan unless both parents file a joint application to renounce the citizenship of Kyrgyzstan for the child who acquires another foreign citizenship at birth.518 The Law of the Kyrgyz Republic on Citizenship of the Kyrgyz Republic contains both jus sanguinis and jus soli provisions. Following 2023 amendments, the citizenship laws of Kyrgyzstan provide broad protection to stateless children. 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. The definition of a stateless person in Article 3 of the Law on Citizenship has been amended to broadly align with the definition provided by the 1954 Convention relating to the Status of Stateless Persons.519 The 2023 amendments removed the burden of proof that had previously been placed on the stateless person. Naturalized citizenship According to the Law on Citizenship of Kyrgyzstan, to obtain naturalization, stateless or foreign persons of at least 18 years of age must attain five years of residency, proficiency in a state or official language, comply with Kyrgyzstan’s Constitution and REPORT 2024 51