2.5 Loss and deprivation of nationality International law does not prohibit deprivation of nationality but the Universal Declaration of Human Rights establishes that such deprivation must not be arbitrary63 and that appropriate due process guarantees must be in place. Moreover, the 1961 Convention limits the grounds according to which States may deprive their citizens of nationality. With very limited exceptions,64 it also expressly prohibits loss of nationality on the basis of departure, residence abroad, failure to register and other similar grounds if such loss results in statelessness. The nationality laws in Central Asia all contain provisions for deprivation of nationality as a consequence of misrepresentation or fraud during the naturalization process, as well as disloyalty to the state, which generally fall within the scope of the 1961 Convention grounds. Deprivation of nationality may affect naturalized citizens, as well as citizens by birth. Three of the five States have laws with provisions which could cause citizens residing abroad without registering with the consular service to lose their citizenship. This is contrary to the 1961 Convention standard, which allows for loss of nationality resulting in statelessness only after at least seven years’ consecutive residence abroad and failure by the individual to declare an intention to retain nationality. In all States, laws provide for some procedural guarantees. The nationality laws in the region generally refer to all the situations described above as ‘loss of nationality’. It should be noted that international instruments may use different wording to describe situations of loss of nationality. The 1961 Convention, for instance, distinguishes between loss of nationality, understood to occur ex lege (automatically or by operation of law), and deprivation of nationality, understood to occur through an individual decision by an executive or judicial authority. These international provisions need to be understood in their specific context and may apply to national legislation even where different terminology is used. The prohibition of arbitrary deprivation of nationality set out in Article 15 of the UDHR does not include loss of nationality voluntarily requested by the individual (renunciation), but does comprise all other forms of loss of nationality, including those which occur automatically by and those which result from acts taken by administrative or judicial authorities. 2.5.1 Loss of nationality for residence abroad without consular registration The States of the Central Asian region are both countries of origin and hosts to large numbers of migrants. For instance, between 2000 and 2007, an estimated 25% of Tajik households had a family member working abroad.65 Tajikistan, Uzbekistan and Kazakhstan all have laws where nationals who live abroad and fail to register with their consulate within a time-limit risk losing their citizenship. For Tajiks and Uzbeks, this time limit is five years66 and for Kazakhs, it is three.67 In light of the net labour migration from all three States, this creates a major risk of statelessness. Turkmenistan and Kyrgyzstan do not have equivalent legislation. 63 Article 15, Universal Declaration of Human Rights. Article 7(3), 1961 Convention on the Reduction of Statelessness. The Convention establishes exceptions to this general prohibition in paragraphs 4 and 5 of the same article. 65 Erica Mart, Central Asia: Migration, Central Asia-Caucasus Institute, Johns Hopkins University, May 2009, available at www.silkroadstudies.org/new/docs/silkroadpapers/0905migration.pdf. According to UNDP, from 1996 more people moved out of Uzbekistan each year than moved in, and in 2005 and 2006 – twice as many, see http://data.statistics.uz/data_finder/74/ (accessed 7 March 2011). The Foreign Investors’ Council of Kazakhstan noted Kazakhstan had achieved a balance in population flow by 2007, after it reduced from 17 to 15 million in the 1990s, see Elmira Shakerimova, Labour Deficit and the Necessity for Attracting Foreign Workforce to Kazakhstan, Centre for Marketing and Analytical Research, OJSC, available at http://www.fic.kz/content/file/Events/seminar%2010%20nov-education/shakerimova_en.pdf. 66 Article 29, 1995 Citizenship Law of Tajikistan; Article 21, 1992 Citizenship Law of Uzbekistan. In Tajikistan, the cost of registration is 10 Somoni. The monthly average wage in June 2009 was 60 Somoni. 67 According to Article 21(4) of the 1991 Citizenship Law of Kazakhstan and Article 25(4) of 2002 Kazakhstan Ministry of Internal Affairs Regulation No 556. 64 ~ 15 ~