2
Prevention and reduction of statelessness
2.1
Acquisition of citizenship at birth
The Convention on the Rights of the Child (CRC) establishes that every child has the right to acquire a
nationality.18 The CRC also establishes that States Parties have an obligation to ensure the
implementation of this right in accordance with their national laws and their obligations under the
relevant international instruments in this field, in particular where the child would otherwise be
stateless.19
In Central Asia, acquisition of citizenship at birth in each of the five States is primarily based on
descent (jus sanguinis). Safeguards to prevent statelessness provide for acquisition of nationality in
some circumstances by children born to non-nationals on the territory.
In all five States, a child born on State territory to two nationals automatically acquires citizenship,20
as does a child born on State territory to one national, and another parent who is stateless or
unknown.21
A child born on State territory to a national and a foreigner also automatically acquires citizenship in
four of the five States,22 whereas in Kyrgyzstan, since 2007, this requires the written consent of the
foreign parent.
Under the law of Tajikistan, citizenship is automatically acquired by a child born to two stateless
parents on Tajik territory, regardless of residence status.23 A child born to two stateless parents in
Kazakhstan, Kyrgyzstan, Uzbekistan, and Turkmenistan24 automatically acquires citizenship at birth if
the parents have permission to reside there permanently.
Tajik citizenship is also acquired by a child born on Tajik territory to parents of foreign nationality if
“the child has not been granted a nationality by these states,” because they cannot confer their
citizenship.25 It is the only citizenship law in the region to contain such a safeguard against
statelessness, however it should be examined whether this safeguard would also apply to cases of
children born to one foreign national parent who cannot confer his/her nationality and one parent who
is stateless.
In each of the five States citizenship is acquired automatically by a child born of unknown parents
found abandoned on their territory.26 All five States appear to be in compliance with the standard set
out in the 1961 Convention which provides that foundlings are presumed to be born within the
18
Article 7, Convention on the Rights of the Child. Article 24(3) of International Covenant on Civil and Political Rights also
recognizes this right.
19
Article 7.
20
Article 11, 1991 Citizenship law of Kazakhstan; Article 12(1), 2007 Citizenship Law of Kyrgyzstan; Article 12, 1992
Citizenship law of Turkmenistan; Article 16, 1995 Citizenship Law of Tajikistan; Article 13, 1992 Citizenship Law of
Uzbekistan.
21
Article 12(2 and 3), 2007 Citizenship Law of Kyrgyzstan; Article 13, 1992 Citizenship Law of Turkmenistan; Article 17,
1995 Citizenship Law of Tajikistan; Article 14, 1992 Citizenship Law of Uzbekistan.
22
Article 12, 1991 Law on Citizenship of Kazakhstan; Article 12(2 and 3), 2007 Citizenship Law of Kyrgyzstan; Article 13,
1992 Citizenship law of Turkmenistan; Article 17, 1995 Citizenship Law of Tajikistan; Article 14, 1992 Citizenship Law of
Uzbekistan.
23
Article 18, 1995 Citizenship Law of Tajikistan.
24
Article 14, 1991 Law on Citizenship of Kazakhstan, as amended in 2002; Article 14, 1992 Citizenship Law of
Turkmenistan; Article 12(4), 2007 Citizenship Law of Kyrgyzstan; Article 15, 1992 Citizenship Law of Uzbekistan.
25
Article 20, 1995 Citizenship Law of Tajikistan.
26
Article 15, 1992 Citizenship Law of Turkmenistan; Article 19, 1995 Citizenship Law of Tajikistan; Article 12(5), 2007
Citizenship Law of Kyrgyzstan; Article 13, 1991 Citizenship Law of Kazakhstan; Article 16, 1992 Citizenship Law of
Uzbekistan.
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