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
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