sometimes difficult for stateless applicants to compile. Some of these documents need regular renewal
in order to be considered valid.187
The procedures for acquiring citizenship in all the States have a common flaw. Only Kyrgyzstan gives
applicants confirmation in writing that the authorities have begun processing their application.188 For
applicants in the other States, it is impossible to monitor if deadlines are being met, and difficult to
appeal effectively against delay.
In Turkmenistan, a petition for naturalization is said to have been accepted for consideration “on the
day the applicant has submitted all the necessary documentation correctly, in the format foreseen by
law and regulation”. Similar wording exists in the regulations of the other States. In Kazakhstan, a
note is made in the applicant’s case file – but not communicated to them.189
Several individuals told UNHCR in interviews in the region that they had had to re-submit an
application at least once, because of a perceived mistake in one paper, and so did not know if the
naturalization process had actually started. One stateless person in Dushanbe claimed he had submitted
an application to Tajik authorities five years ago, in 2004, but did not know what had happened to it.
Indigenous Kazakhs repatriating to Kazakhstan, Oralmany, who are turned down from a regional
Oralman immigration quota, are entitled to receive a written copy of the decision within five calendar
days.190 In 2008, the Ombudsman found this procedure was not being followed.191 To be included in
the quota, Oralmany must score points according to fixed criteria, among them hardship.192 Those who
fall short of the score for the Oralman immigration quota, may still be eligible to apply for Kazakh
citizenship, independently of the quota. Without a copy of the decision in their case, however, they are
unable to take an informed decision.
2.7.5
Due Process Guarantees and Legal Remedies in Citizenship Matters
The nationality legislation of each State sets down certain due process guarantees for applicants for
citizenship, including the right to have decisions on nationality issues reconsidered or appealed. The
extent to which these guarantees are included in the nationality legislation, however, varies from State
to State. Guarantees in some States – such as access to court and to a documentation trail – seem to be
more effective than the remedies available in others.
All nationality laws in the region establish a time-limit by which decisions on applications must be
taken, usually ranging from six months to one year.
The new nationality law in Kyrgyzstan offers the best procedural guarantees in the region for
applicants for citizenship and persons seeking to confirm whether they are Kyrgyz citizens.
Applicants for citizenship are entitled to written and dated confirmation from the authorities that their
documents have been received and the application forwarded to the presidential Citizenship
187
In Turkmenistan, for instance, 17 documents are needed for a citizenship application, some of them valid only for ten
working days.
188
Article 8, 2007 Regulation No 473 ‘On the Procedure for Considering Issues related to the Citizenship of the Kyrgyz
Republic’.
189
Article 2, 1992 Regulation No 1328 ‘On the Procedure for Considering Petitions and Applications on Issues related to the
Citizenship of Turkmenistan’; Article 6, 1996 Regulation No 611 ‘On the Procedure for Considering Issues related to the
Citizenship of the Republic of Tajikistan’; Paragraph 2, 2002 Kazakhstan Ministry of Internal Affairs Instruction, No 556;
Article 7, Annex 1 to 2007 Regulation No 473 ‘On the Procedure for Considering Issues related to the Citizenship of the
Kyrgyz Republic’; Section II(a), Paragraph 1(4), 1992 Regulation No UP-500 ‘On the Procedure for Considering Issues
related to the Citizenship of the Republic of Uzbekistan’.
190
2004 Instruction ‘On Status Determination of Oralmany and their Inclusion in the Immigration Quota’ and 2007 Rules
‘For the Inclusion of Oralmany in the Immigration Quota’.
191
National Ombudsman of Kazakhstan, Report on the Human Rights of Refugees and Oralmans in Kazakhstan, Astana,
2008, p. 57.
192
2007 Rules ‘For the Inclusion of Oralmans in the Immigration Quota’.
~ 29 ~
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