Regulation refers to loss of nationality of minors, as “provided in law”.102 The law does not contain a guarantee that the children of someone who loses their nationality shall not lose their Kyrgyz citizenship if they would become stateless. In Tajikistan, the spouse and children of someone who loses their nationality for misrepresentation or fraud do not lose their own citizenship – unless it is proved they were party to the deception.103 The other States have no provision of this sort. 2.5.4 Due process guarantees and legal remedies In Turkmenistan, Kazakhstan and Uzbekistan, the law guarantees that a decision regarding loss of nationality does not come into force until the person concerned has been informed of the reasons. The person can seek reconsideration of the President’s decision in Kazakhstan and Turkmenistan, while it is not clear from the relevant legislation whether any remedy exists in Uzbekistan.104 In all five States procedural violations in matters involving nationality, can be appealed through the courts.105 As previously noted, in Tajikistan, decisions in cases where a person is accused of acquiring Tajik citizenship through misrepresentation or fraud are taken by courts.106 Persons eligible to acquire or terminate Tajik nationality by registration can also appeal to a court against an official refusal to register them. Their appeal must be made within one month of the refusal.107 Neither the Citizenship Law of Tajikistan nor its Citizenship Regulation makes provision for judicial appeal against a Presidential decision on citizenship. According to the 2007 Citizenship Law of Kyrgyzstan, persons who lose their nationality are to be issued with a certificate confirming this fact. The certificate does not contain the reasons for the decision.108 It is only in Kyrgyzstan, that a Presidential109 decision on citizenship can be appealed to a court – within six months or later if there is good reason.110 Gaps compared to international standards: ► Three of the countries in the region – Kazakhstan, Tajikistan, and Uzbekistan – have laws according to which citizens can lose their nationality if they reside abroad for three or five years without registering with a consulate. If applied regardless of whether the persons affected would be left stateless, such provisions can lead to large-scale statelessness. ► Laws in the region generally provide that loss and renunciation of nationality by parents extends to their children. The absence of full safeguards to prevent statelessness among parents will therefore also affect their children. Only Tajikistan explicitly guarantees that loss of the citizenship of parents for misrepresentation or fraud shall not affect the citizenship of their children if they would thereby become stateless. 102 Article 39, 2007 Regulation No 473 ‘On the Procedure for Considering Issues related to the Citizenship of the Kyrgyz Republic’. 103 Articles 8 and 30, 1995 Citizenship Law of Tajikistan. 104 Article 46, 1992 Citizenship Law of Turkmenistan, and Articles 24-27, 1992 Regulation No 1328 ‘On the Procedure for Considering Petitions and Applications on Issues related to the Citizenship of Turkmenistan’. Article 28-32, 1996 Regulation No 3120 ‘On the Procedure for Considering Issues related to the Citizenship of the Republic of Kazakhstan’, as amended in 2000; Section IV, Paragraph 4, 1992 Citzenship Regulation of Uzbekistan. 105 Section VIII, Article 44, 1992 Citizenship Law of Uzbekistan; Chapter 8, Article 47, 1993 Law on Citizenship of Turkmenistan; Chapter 8, Article 53 1995 Citizenship Law of Tajikistan; Chapter 6, Article 42, 2007 Citizenship Law of Kyrgyzstan; Chapter 8, Article 41, 1991 Citizenship Law of Kazakhstan. 106 Article 30, 1996 Law on Citizenship of Tajikistan. 107 Articles 52 and 53, 1995 Law on Citizenship of Tajikistan. 108 Article 41(1), 2007 Regulation No 473 ‘On the Procedure for Considering Issues related to the Citizenship of the Kyrgyz Republic’. 109 Article 28, 2007 Citizenship Law of Kyrgyzstan. 110 Ibid, Article 41(2). ~ 19 ~