birth to children born of stateless or unknown parents, as is explained below, the relevant provisions
do not prevent statelessness from occurring in all cases. Tajikistan’s Citizenship Law contains most
safeguards to ensure that children who would otherwise be stateless acquire a nationality.
►Nationality laws in the region leave some children born on State territory stateless because their
parents are not “permanent residents”. The Kyrgyz nationality law, like the law in Turkmenistan,
Uzbekistan and Kazakhstan, guarantees citizenship only to children born to stateless parents with
permanent residence in the country.37 In these four States, a child born to stateless parents with only
temporary residence does not acquire citizenship.
Information on the scope of statelessness in the region is incomplete and it is not known how many
children are affected by these provisions. Nonetheless, the 2008 survey conducted by UNHCR’s NGO
partners in three regions of southern Kyrgyzstan indicated that 97% of stateless persons were classed
as “temporarily resident” because of lack of valid documentation. Among the stateless population the
survey identified 6,087 children,38 all of whom are potentially stateless.
►If a child is born abroad to a national and a foreigner, all nationality laws in the region require that
the parents must agree in writing for the child to acquire the nationality of the State. None of the States
make provision for a situation of an irreconcilable disagreement between the parents, and this could
put the child at risk of statelessness.
2.2
Dual nationality and requirements to renounce nationality before applying for nationality
Article 15 of the Universal Declaration of Human Rights establishes that “no one shall be denied the
right to change his nationality.” At the same time, care needs to be taken to ensure that individuals
who do change nationality are not left stateless in the process. In particular, where States prohibit dual
and multiple nationality, adequate safeguards need to be in place to prevent statelessness. This is
significant in the Central Asia region because generally States allow dual or multiple nationality only
on the basis of bilateral and multilateral treaties.
Kazakhstan does not recognise dual citizenship. It is forbidden under the Constitution39 and the
possession of another citizenship is one of the grounds enumerated for depriving someone of their
Kazakh citizenship.40 It is also a ground for being refused Kazakh citizenship.41 Applicants for
citizenship must renounce their nationality, or nationalities, without any guarantee they will receive
Kazakh citizenship, which leads to temporary and sometimes permanent statelessness.
Kazakhstan makes some exceptions to its own rule on dual nationality. Indigenous Kazakhs –
Oralmany – “repatriating” to Kazakhstan, who hold an Oralman certificate,42 do not need to renounce
their previous citizenship before applying for Kazakh citizenship.43 In the past Oralmany who
travelled to Kazakhstan had to renounce their citizenship before applying for Kazakh citizenship. For
example, many of those who arrived from Mongolia and China subsequently returned stateless to
those countries, before a decision on naturalization had been made. Applicants from Belarus, the
37
Article 14, 1992 Citizenship Law of Turkmenistan; Article 12(4), 2007 Citizenship Law of Kyrgyzstan; Article 15, 1992
Citizenship Law of Uzbekistan.
38
UN High Commissioner for Refugees, A Place to Call Home: The Situation of Stateless Persons in the Kyrgyz Republic:
Findings of Surveys Commission by the UNHCR, Bishkek 2009, p. 32.
39
Article 10(3), 1995 Constitution of the Republic of Kazakhstan, according to which “A citizen of the Republic of
Kazakhstan shall not be recognized as the citizen of another State”. This has been interpreted in a Decree issued in 2003 by
the Kazakh Constitutional Council as a prohibition of dual nationality.
40
Article 21(5), 1991 Citizenship Law of Kazakhstan.
41
Article 17(7), 1991 Citizenship Law of Kazakhstan.
42
The procedure for acquiring Oralman status is given in Article 14 of the 1997 Law of Kazakhstan ‘On Population
Migration’ (Law on Migration).
43
Para. 15(8) of the Order of the Minister of Interior of Kazakhstan, No 556, dated 23 August 2002. In an interview with the
Department of Migration and Social Welfare in South-Kazakhstan, UNHCR was able to confirm that practice is consistent
with the law.
~ 12 ~
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