SUB-REGIONAL OVERVIEW: CENTRAL ASIA child is born in the territory of Tajikistan to two stateless parents, or parents with undetermined nationality, the child will be a national of the Republic only if at least one parent has permanent residency at the time of birth.631 This requirement fails to protect children of stateless parents who may not have permanent residency, placing them at risk of intergenerational statelessness.632 However this residency requirement does not seem to apply in circumstances where either both parents are foreigners or one parent is a foreigner and the other is stateless. In this circumstance the child shall be considered a citizen of Tajikistan if they are not granted citizenship from their foreign citizen parent/s state.633 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. Article 13(8) of the Constitutional Law provides that children with unknown parents (foundling children) “shall become a national of the Republic of Tajikistan”.634 However, UNHCR has raised concerns that the language included in this provision implies that the child must go through an application process to become a citizen.635 Administrative barriers In Tajikistan, a birth certificate is required in order to obtain identity documents.636 While the birth registration rate in Tajikistan was reported to be at 95.8%637 in 2017, birth registration has been a major challenge in Tajikistan with an estimated 50,000 births per year going unregistered.638 Poor infrastructure, poverty, and past policy of charging a fee for registration made registration rates particularly low in rural areas.639 On top of this, the process of registration was long and time consuming.640 Major changes in 2019 amended some of these issues and greatly improved access to birth registration.641 In April of 2019, a new electronic system for processing birth registration was introduced which significantly reduced the 60 SUB-REGIONAL OVERVIEW: CENTRAL ASIA In Tajikistan, a birth certificate is required in order to obtain identity documents. time as well as resources required to complete the process.642 On top of this, a 2019 amendment to the Civil Registration Law removed the fees required for birth registration for the first 3 months after birth of the child, making it more accessible for rural and poor families.643 This amendment is expected to positively impact women and girls in particular as they have previously been left behind in registration due to the fees required for registration and the prioritization of male family members.644 Despite the protection under the Constitutional Law for children born to parents, one of whom is a citizen and one of whom is stateless, UNHCR has raised concerns that children in these circumstances may still be at risk of statelessness due to the Resolution On the Rules of Issuance of Passports of Nationals of the Republic of Tajikistan.645 Article 8 of the Resolution states that when applying for a passport - which functions as a citizenship certifying document - both parents of the child are required to submit their passports. Many stateless people lack passports and are unable to meet this requirement, placing their children at risk.646 Tajikistan does not currently have legislation to specify what documents are required in order to obtain citizenship.647 Article 10 of the Constitutional Law only provides that the “document confirming nationality of the Republic of Tajikistan is an official document that indicates nationality of a person.”648 To ensure protection from statelessness for children of stateless parents, UNHCR has advised that legislation should be amended to remove the requirement of the parents showing documentation in the application for the child’s passport.649 To ensure protection from statelessness for children of stateless parents, UNHCR has advised that legislation should be amended to remove the requirement of the parents showing documentation in the application for the child’s passport. STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Turkmenistan Laws Citizenship Law Jus sanguinis and jus soli provisions National legislation on citizenship in Turkmenistan includes both jus soli and jus sanguinis provisions.650 National legislation on citizenship in Turkmenistan includes both jus soli and jus sanguinis provisions. Article 4(5) of the Law of Turkmenistan on the Citizenship of Turkmenistan enacted in 2013 specifically mentions that one of the principles which citizenship of Turkmenistan is based on is “prevention and reduction of statelessness”.651 Children born to two parents (or a single parent) who are citizens of Turkmenistan will be a citizen regardless of birthplace.652 If a child is born to one citizen parent and one stateless parent, missing parent, or unknown parent, the law provides that they will also be a citizen regardless of birthplace.653 For children born to one parent who is a citizen and one parent who is a foreigner, the child will be a citizen if born within the territory of Turkmenistan.654 If in the same case, the child was born outside of the territory, the child may still be eligible for citizenship if at least one parent is a habitual resident of Turkmenistan at the time of birth.655 In the same case, if neither of the child’s parents are habitual residents, a joint application must be filed by the parents for citizenship of the child.656 This provision, included in Article 11(1.5), further protects children in these circumstances by stating that if the child would otherwise be stateless, they will be granted citizenship of Turkmenistan.657 Children born to two parents (or a single parent) who are citizens of Turkmenistan will be a citizen regardless of birthplace. If a child is born to one citizen parent and one stateless parent, missing parent, or unknown parent, the law provides that they will also be a citizen regardless of birthplace. Stateless persons are defined in Article 8 of the - as “persons who are not citizens of Turkmenistan and who have no proof of REPORT 2024 61