2.3
Voluntary renunciation of nationality
The 1961 Convention sets out two key safeguards against statelessness in the context of change of
nationality. The Convention requires that “[r]enunciation of nationality shall not result in loss of
nationality unless the person concerned possesses or acquires another nationality”. Moreover, a
national who seeks naturalization in a foreign country “[s]hall not lose his nationality unless he
acquires or has been accorded assurance of acquiring the nationality of that foreign country.”53 This
aims to avoid a situation in which persons who seek to change their nationality inadvertently end up
stateless – if the State where they apply for naturalization fails to grant them nationality.
Of the nationality laws in Central Asia, only the 2007 Nationality Regulation of Kyrgyzstan includes
an adequate safeguard against statelessness in such situations. Someone applying to renounce their
nationality must submit notification from a foreign State that they possess another nationality, or
confirmation they will acquire one if they renounce their Kyrgyz citizenship.54
The President must approve renunciation of citizenship under the laws of all five States.55 In Tajikistan
a simpler procedure is in place for Tajik nationals leaving for permanent residence abroad. They can
register an application to renounce their citizenship at their local department of Internal Affairs.56
Tajik citizens already resident abroad can register an application to renounce their Tajik nationality
through the consulate in the country where they live.57 A Tajik citizen with a parent, spouse or child of
foreign nationality can also renounce their nationality by registration.58 Kyrgyz nationality law also
foresees a simplified procedure for citizens abroad to renounce their nationality.59
Gaps compared to international standards
► With the exception of Kyrgyzstan, no State in the region has sufficient safeguards against
statelessness in cases of voluntary renunciation of nationality. The other four States allow citizens to
renounce their nationality without possessing or having an assurance of acquiring another nationality.
2.4
Equality between men and women to acquire, change and retain nationality
All five States are parties to the UN Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW),60 according to which States Parties shall grant women equal rights with
men to acquire, change or retain their nationality.61 In all five States, a change in the nationality of one
spouse may not affect the nationality of the other.62 Similarly, marriage with a foreign national, or
divorce, does not result in the spouse’s loss of citizenship. All laws use the gender neutral term
‘spouse’ in provisions related to acquisition of nationality, which means there is no distinction
between men and women married to nationals in their right to acquire the nationality of the State.
53
Article 7(1)(a) and 7.2, 1961 Convention on the Reduction of Statelessness.
Paragraph 33, 2007 Regulation No 473 ‘On the Procedure for Considering Issues related to the Citizenship of the Kyrgyz
Republic’.
55
Article 35, 1992 Citizenship Law of Turkmenistan; Article 32, 1991 Citizenship Law of Kazakhstan; Article 33, 1992
Citizenship Law of Uzbekistan; Article 28, 2007 Citizenship Law of Kyrgyzstan; Article 39, 1995 Citizenship Law of
Tajikistan.
56
Article 20, 1996 Regulation No 611 ‘On the Procedure for Considering Issues related to the Citizenship of the Republic of
Tajikistan’.
57
Ibid, Article 21.
58
Article 28.1(b) and 39(b), 1995 Citizenship Law of Tajikistan.
59
Article 24(2), 2007 Citizenship Law of Kyrgyzstan.
60
Kazakhstan and Kyrgyzstan are additionally, parties to the 1957 Convention on the Citizenship of Married Women.
61
Article 9, Convention on the Elimination of All Forms of Discrimination Against Women.
62
Article 8, 2007 Citizenship Law of Kyrgyzstan; Article 7, 1991 Citizenship Law of Kazakhstan; Article 8, 1995
Citizenship Law of Tajikistan; Article 16, 1992 Citizenship Law of Turkmenistan; Article 6, 1992 Citizenship Law of
Uzbekistan.
54
~ 14 ~
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents