a) Retroactive application of the new amendments to the Citizenship act is limited to
those who have not yet attained the age of 15, and therefore anyone above that
age who was born on the territory stateless cannot benefit.
b) In addition, the condition of 5 years residence in the country by the parents, prior
to the birth of the child, may act to disqualify some children of stateless parents
from obtaining citizenship.
c) The possibility for parents to “opt out” of Estonian nationality on behalf of their
child within the first year of their life may continue to cause situations in which the
parents’ views on citizenship engender childhood statelessness.
d) The law does not make any provision for access to Estonian nationality for children
born in Estonia and whose parents hold the citizenship of another country, if they
would otherwise be stateless.
e) The law does not include a provision about access to Estonian nationality for
children born outside of Estonia whose parents are “persons of undetermined
nationality” with residence in Estonia, even if they would otherwise be stateless (as
is the case, for instance, in the Ukraine).7
f) For children who benefit from dual nationality, when they become adults, they have
to renounce either the citizenship of Estonia or the other country within three
years. At present, it is not clear whether provision has been made for an information
campaign or other efforts to disseminate information about these steps to the
public and what the consequences would be of failing to renounce the foreign
nationality within this timeframe.
g) As mentioned, Estonia is not a party to the 1961 Convention on the Reduction of
Statelessness or the European Convention on Nationality which contain key
international safeguards relating to the realisation of children’s right to a
nationality. It is crucial that the state recognise the need for elaborating safeguards
to prevent statelessness for all otherwise stateless children born in the territory and
accession to these instruments forms a key part of an integrated response.
Naturalisation for stateless persons
5.
7
Since the year 2000, the number of naturalisations of stateless persons has been low,
having fallen significantly since the 1990s. The issue has since been raised regularly by
UN and Council of Europe committees and expert bodies, and by numerous other
K. Kolesen, Tackling Childhood Statelessness in Ukraine, May 2015, available at:
http://www.statelessness.eu/sites/www.statelessness.eu/files/Research_electronic%20version_.pdf