presumably to deter people from separating fecklessly. In Kazakhstan, for example, the cost of
registering a divorce is more than six times the cost of registering marriage.277
Tajik law contains a provision to protect the wives in registered marriages from hardship through
abandonment. A husband cannot file for divorce without his wife’s agreement when she is pregnant or
if she has given birth within the preceding 18 months.278 No similar protection appears to exist in the
legislation of the other four States.
Because of migration flows throughout the region, many stateless women prevented from marrying
officially through lack of documentation are known to be living in unregistered marriages in
Turkmenistan, Kyrgyzstan and Kazakhstan. UNHCR believes there are others in Tajikistan and
Uzbekistan. None of the five States gives “informal” or common law marriages legal validity. The
social and economic position of women in such marriages is precarious and outlined in Chapters 4 and
5 of this report. Partners who are not married officially, also have no recourse to the rights and
compensations of divorce. Stateless women in unregistered matrimonies concluded by traditional
religious observance – so called nikoh marriages – are made particularly vulnerable as a result. Their
matrimonial contract can be broken unilaterally and without compensation, by their common-law
husband, if he utters the word taloh three times.279
The death of a stateless person is registered on the same basis as the death of a citizen and in four of
the States the process is exempt from stamp duty.280 The regulations on stamp duty in Turkmenistan
are not readily available and so could not be confirmed. In all five countries, ‘stateless’ is entered
under the nationality column on the death certificate.
The ZAGS office registering a death in Kyrgyzstan issues the person reporting the death with a death
certificate and a promissory note towards funeral expenses. These appear to be issued equally to the
survivors of a stateless person, and of a citizen.281 Kazakhstan, Uzbekistan and Kyrgyzstan all
confiscate the residence permit of stateless persons who have died, and notify the relevant Department
of Internal Affairs.282
In order to register a death, ZAGS offices in all five States require a copy of the birth certificate, or
equivalent, of the person who has died. Many stateless people in the region have not been registered at
birth.283 It seems very possible, therefore, that the deaths of some stateless children and adults may
also go unregistered.284
277
Article 6, 1996 Law No 631 ‘On Stamp Duty of Kazakhstan’. Stamp duty in Kazakhstan is proportional. The cost of
registering a divorce by mutual consent of a couple with no young children is 200%, while the cost of registering marriage is
30%.
278
Article 17, 1998 Family Code of Tajikistan, No 682.
279
See, for instance, Amnesty International, Violence is Not Just a Family Affair: Women Face Abuse in Tajikistan, London,
24 November 2009, available at http://www.amnesty.org/en/library/info/EUR60/001/2009/en. Also, a case reported in
Institute of War and Peace Reporting, Divorce Leaves Tajik Women Out In the Cold, 5 March 2010, available at
http://www.iwpr.net/fa/node/38831.
280
Article 31(3), 2008 Law No 483 ‘On the Registration of Civil Acts’ in Tajikistan; Article 166(2), 1998 Marriage and
Family Law of Kazakhstan, No 241; Article 6, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts of
Uzbekistan’; Article 5, 2001 Rules No 91 ‘On the Registration of Civil Status Acts in Kyrgyzstan’.
281
Articles 16, 2001 Rules No 91 ‘On the Registration of Civil Status Acts in Kyrgyzstan’.
282
Article 202, 1999 Government Decree No 620, ‘On the Procedure for Registering Civil Status Acts’ in Kazakhstan;
Article 132, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts of Uzbekistan’; Article 17, 2001 Rules
No 91 ‘On the Registration of Civil Status Acts in Kyrgyzstan’.
283
Please see Section 2.5. Low birth registration in Tajikistan and Turkmenistan was a cause for concern to UN agencies
during the last decade.
284
UNHCR interview with a UNFPA official in Dushanbe, 2009.
~ 42 ~
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