SUB-REGIONAL OVERVIEW: CENTRAL ASIA SUB-REGIONAL OVERVIEW: CENTRAL ASIA Uzbekistan Laws Citizenship Law Jus sanguinis and jus soli provisions The Law of the Republic of Uzbekistan on Citizenship of the Republic of Uzbekistan, which came into effect in 2020, is the main legislative document for citizenship in Uzbekistan.706 The Law contains provisions for both jus soli and jus sanguinis citizenship, and expressly states the right to citizenship.707 Regardless of birthplace, a child born to two Uzbek citizen parents (or a single parent) will be a citizen by descent as stated in Article 14 of the Law.708 Children of a stateless parent are also entitled to citizenship by descent, regardless of birthplace as long as they have one parent who is a citizen of the Republic of Uzbekistan.709 In instances where one parent is a citizen of Uzbekistan and the other parent is a foreign citizen, while the child is entitled to citizenship this process is not automatic and it is the responsibility of the Uzbek citizen parent to request citizenship for the child.710 The Law contains provisions for both jus soli and jus sanguinis citizenship, and expressly states the right to citizenship. Regardless of birthplace, a child born to two Uzbek citizen parents (or a single parent) will be a citizen by descent as stated in Article 14 of the Law. Children of a stateless parent are also entitled to citizenship by descent, regardless of birthplace as long as they have one parent who is a citizen of the Republic of Uzbekistan. The Law provides that anyone who was a permanent resident in the Republic of Uzbekistan since July 28, 1992 and is not a citizen elsewhere will be a citizen of the Republic.711 This provision directly addresses the statelessness of many which resulted from Uzbekistan’s succession from the USSR. In Article 3 of the Law on Citizenship, a stateless person is defined as “a person permanently residing in the territory of the Republic of Uzbekistan who is not a citizen of the Republic of Uzbekistan and does not have proof of his/her affiliation to citizenship of a foreign state”.712 This definition is not in line with the definition provided in the 1954 Convention relating to the 66 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Status of Stateless Persons as it places the burden of proof on stateless persons and incorporates residency requirements. Naturalized citizenship Stateless people in Uzbekistan can apply for naturalization in an equal manner to foreign citizens under Article 19 of the Law by attaining five years of residency with a valid residence permit, having a legitimate source of income, complying with the Constitution of Uzbekistan, and being able to communicate in the state language.713 It should be noted that this provision appears to require a foreign citizen to renounce their foreign citizenship, then endure five years of statelessness with a permanent residence permit in Uzbekistan before becoming eligible for Uzbek citizenship.714 The provision further mentions that stateless persons will still meet residency requirements if they have traveled outside of the country for no longer than 6 months each year.715 A simplified naturalization procedure is available for stateless persons and foreign citizens who have a “direct ascendant relative who lives in the territory of the Republic of Uzbekistan and is a citizen of the Republic of Uzbekistan”.716 Those with ascendant links to the country, eligible for the simplified procedure, will receive a letter of guarantee of citizenship of the Republic, valid for one year, while they renounce their foreign citizenship.717 This ensures that they do not become stateless in between the process of renunciation and acceptance of citizenship to Uzbekistan. Foreign citizens applying for citizenship through the standard process are not protected in this way if they are not eligible for the simplified procedure.718 Additionally, the Law provides that foreign citizens and stateless persons may be granted citizenship in an exceptional manner by the President outside of the requirements set out in Articles 19 and 20.719 The 2020 Law also includes provisions for a simplified procedure for recognition of Uzbek citizenship for stateless persons who arrived in the country before January 1, 1995.720 As long as such persons do not have citizenship of another country and had residence permits (identification document for stateless persons) before the new Law was enacted, they are entitled to Uzbek citizenship and can apply through the simplified procedure for their citizenship to be recognized.721 A simplified naturalization procedure is available for stateless persons and foreign citizens who have a “direct ascendant relative who lives in the territory of the Republic of Uzbekistan and is a citizen of the Republic of Uzbekistan” Article 22 of the Law of the Republic of Uzbekistan On Legal Status of Foreign Citizens and Stateless Persons in the Republic of Uzbekistan, ensures that stateless persons and foreigners have the right to appeal negative decisions.722 Uzbekistan should consider ensuring a simplified process of naturalization for all stateless persons, not just those with ascendent ties to Uzbekistan, in its territory as Article 32 of the 1954 Convention relating to the Status of Stateless Persons stipulates that such a process should be expedited for stateless persons to “reduce as far as possible the charges and costs of such proceedings”.723 Dual citizenship Dual citizenship is not recognized by the Republic of Uzbekistan.724 Foreign citizens who do not have links to Uzbekistan through descent are required to renounce their citizenship in order to obtain citizenship of the Republic.725 The 2020 Law also includes provisions for a simplified procedure for recognition of Uzbek citizenship for stateless persons who arrived in the country before January 1, 1995. As long as such persons do not have citizenship of another country and had residence permits (identification document for stateless persons) before the new Law was enacted, they are entitled to Uzbek citizenship and can apply through the simplified procedure for their citizenship to be recognized. REPORT 2024 67