Acknowledgement
The following study was undertaken with the financial support of the European Commission in 2009 and reflects the governmental structure and national legislation at that time.
The views expressed in this report are those of the author and do not necessarily reflect
those of the European Commission. The report was edited by Wathira Kamoji.
UNHCR would like to thank, the government of Kyrgyzstan for its collaboration on this
project. It would also like to thank the following implementing partners Legal Clinic Adilet,
Fergana Lawyers without Borders, Centre for Support to International Protection, Counterpart Sheriktesh, and Help Refugees, for their contribution to the results of this study.
Introduction
The Kyrgyz Republic is one of a number of republics located in Central Asia; it is nestled
between Kazakhstan, China, Tajikistan and Uzbekistan. In 1990, the Kyrgyz Republic declared its sovereignty and independence from the former USSR through the Declaration
on State Sovereignty dated 15 December 1990. Since independence, the newly formed
republic has faced many challenges including issues related to cessation, succession and
delineation of borders with new neighbouring and similarly independent states. The succession of a state carries with it the implication that a legal transfer occurs between the predecessor and successor state; this involves laws, rights and obligations as well as property
in terms of borders and most importantly people. Border demarcation, presented challenges for these newly formed states, most crucial among them was the recognition and loss
of citizenship which inevitably rendered some stateless and many at risk of statelessness.
The process of border demarcation often distributed neighbours, friends and relatives
between two or more countries. People in mixed marriages and their children became
threatened with statelessness as it became difficult to determine their nationality. In addition, internal and external migration generated new categories of people for example,
labour migrants and their family members, whose nationality was not always appropriately
documented. The Kyrgyz Republic’s approach to undetermined nationality was often on a
case by case basis (as there were no established procedures) which was sometimes inadequate or ineffective in preventing or solving statelessness. Many of these situations are
further worsened by the absence of required documentation by the concerned individuals.
A majority of the people who are stateless or at risk of becoming stateless were nationals of the former USSR who could have opted for the nationality of the newly independent
Kyrgyz Republic, but failed to meet the required deadlines. The rest of the population who
are stateless or at risk of becoming stateless are people who are former nationals of neighbouring CIS countries.
The purpose of this study is to explore the scale of statelessness in the Kyrgyz Republic
using the relevant administrative practices and legal frameworks for the protection, prevention and reduction of statelessness. It will also look at the effectiveness of in country
multi-level partnerships in addressing statelessness in the Kyrgyz Republic. It seeks to
contribute to the development of country-level and regional strategies to prevent and reduce statelessness.
49
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents