decision to expel is taken administratively. Although Uzbekistan foresees a right of appeal to superior
officials, no appeal is available in Turkmenistan.253 Section 4.7 of this report outlines the procedures
for expeling stateless persons in the region.
None of the States makes specific provision for family reunification.
3.3
Individual Documentation
A Permanent Residence Permit is the proof of identity for a stateless adult in Tajikistan, Kyrgyzstan,
Uzbekistan and Turkmenistan, and defines her or his legal status on State territory.254 Stateless adults
in all four States must acquire a Stateless Person’s Certificate or Card as proof of their identity if they
travel beyond State borders. In Turkmenistan, this, together with a permanent residence permit,
entitles stateless persons to multiple re-entry without a visa.255 Kazakhstan issues a Stateless Person’s
Card that serves as legal ID both within and outside State borders for stateless adults who are
permanently resident in Kazakhstan and already on State territory for 10 years.256
A birth certificate is proof of legal identity for stateless children in all five States. Under the age of 16
years, those in Uzbekistan, Tajikistan and Kazakhstan who are part of a family, are recorded in the
identity documents of their parents. Kazakhstan may also issue a Stateless Person’s Card to a stateless
child who travels abroad without parents, sponsors or guardians. In Tajikistan stateless children are
noted in the Permanent Residence Permits of both parents and in the Stateless Person’s Certificate of
one parent. Stateless children in Kyrgyzstan and Turkmenistan are registered in their parents’ identity
documents until the age of 18, when they must acquire their own ID.257
Section 3.3 of this report describes how stateless persons can acquire permanent residence permission
in countries of the region. It identifies the procedural difficulties facing someone who is stateless, but
cannot prove it with a statelessness certificate from the State of their previous citizenship or residence.
Notably, those who hold expired USSR passports throughout the region are in this position, but
persons with expired documents from other States are also affected. Stateless persons in Kazakhstan,
Turkmenistan and Tajikistan confirmed this in interviews with UNHCR as did those surveyed in
Kyrgyzstan by UNHCR’s NGO partners.258 Similar information is not available on stateless persons in
Uzbekistan.
their Exit from the Republic of Kazakhstan’; Article 599 of the 1998 Kyrgyzstan Code of Administrative Responsibility, No
140, as amended in 2009.
253
Articles 17 and 18, 2005 Migration Law of Turkmenistan, as amended in 2011; Article 45, Supplement No 2, 1996
Resolution of Cabinet of Ministers of Uzbekistan No 408, ‘On Rules of Residence of Foreigners and Stateless Persons in
Uzbekistan’, provides for a right of appeal to State authorities but not to a court.
254
Article 2, Annex 2, 1999 Regulations UP-2240 ‘On the Residence Permit in Uzbekistan for Foreigners and on the
Residence Permit and Certificate for Stateless Persons’; Article 14, 2005 Migration Law of Turkmenistan, as amended in
2011; Article 26, 1999 Law No 218 ‘On the Rules of Stay for Foreigners and Stateless Persons’ in Tajikistan, as amended in
2008; Article 15, 2000 Law No 61 ‘On External Migration’ of Kyrgyzstan.
255
Article 14.8, 2005 Migration Law of Turkmenistan, as amended in 2011; Article 26, 1999 Law No 218 ‘On the Rules of
Stay for Foreigners and Stateless Persons’ in Tajikistan, as amended in 2008; Article 2, Annex 2, 1999 Regulations UP-2240
‘On the Residence Permit in Uzbekistan for Foreigners and on the Residence Permit and Certificate for Stateless Persons;
Article 24, 2008 Regulation No 626 ‘On the Procedure for Issuing Residence Permits in Kyrgyzstan’.
256
Article 3, 2005 Interior Ministry Rules No 338 ‘On Documenting and Registering the Population in Kazakhstan’.
257
Article 3, Annex 2, 1999 Regulations UP-2240 ‘On the Residence Permit in Uzbekistan for Foreigners and on the
Residence Permit and Certificate for Stateless Persons’; Article 26, 1999 Law No 218 ‘On the Rules of Stay for Foreigners
and Stateless Persons’ in Tajikistan, as amended in 2008; Article 3, 2005 Interior Ministry Rules No 338 ‘On Documenting
and Registering the Population in Kazakhstan’; Paragraph 242, 2008 Residence Permit Regulation of Kyrgyzstan; Article
14.4, 2005 Migration Law of Turkmenistan, as amended in 2011.
258
Published in UN High Commissioner for Refugees, A Place to Call Home. The Situation of Stateless persons in the
Kyrgyz Republic: Findings of Surveys Commissioned by the UNHCR, UNHCR Bishkek, 2009, page 23.
~ 39 ~
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents