to be established is required to submit an identity document along with an application for
establishing nationality in the Kyrgyz Republic.
As mentioned above, the only statelessness status determination procedure currently in
the legislation of the Kyrgyz Republic is the general provision under the 2008 Residence
Permit Regulations, which confer the internal affairs bodies with the authority to make
decisions on the statelessness status for individuals applying for residence permits for
stateless persons. Thus para. 7 of the 2008 Residence Regulations requires a stateless
applicant for residence permit to submit a document which can prove termination of any
other previous citizenship, along with other application documents. However, for stateless
persons from CIS countries the document could be replaced by a formal ‘opinion of the
territorial subdivision of passport and visa control of Department of Internal Affairs’ recognizing the person as being stateless. Moreover, the 2000 External Migration Law and the
2008 Residence Permit Regulations require that the individual concerned obtain a status
of immigrant document issued by the State Committee on Migration and Employment in
order to be eligible for a residence permit for stateless persons (para. 24). The lack of valid
identity documentation which is often the case for many stateless persons in the Kyrgyz
Republic may result in further procedural obstacles or lead to failure of acquiring nationality
by a child of a stateless person(s).
Compliance with International Standards: While the provisions on acquisition of Kyrgyz
nationality at birth prevent many instances of statelessness, some deviations remain with
regard to Articles 1 and 4 of the 1961 Convention which cover the governing of issues of
acquisition of nationality by any person either born on the territory who would otherwise be
stateless or outside the territory to a national and would otherwise be stateless.
Article 1 of the 1961 Convention sets forth a standard that a person born in the territory
of a country should be granted that nationality at birth or by application if they otherwise
would be stateless. The standard requires a procedure where the state has no discretion
to turn down an applicant but where the claimant maybe required to fulfil specific requirements set out in the Convention. It should be noted that granting nationality at birth is in
the best interest of a child and is in line with the right of each child to gain a nationality at
birth under Article 7 of the CRC and Article 24.3 of the ICCPR. However, not all children
born in the territory who would otherwise be stateless have a right to Kyrgyz nationality, for
example in the case of foreign nationals residing in the Kyrgyz Republic, who under that
state’s legislation cannot confer their nationality to their children. Similarly, as previously
discussed, where stateless persons are not recognized as permanently residing in the
Kyrgyz Republic.
The migration legislation of the Kyrgyz Republic distinguishes between stateless persons
who temporarily reside in the country and stateless persons who are permanent residents
in the country (2000 External Migration Law, Article 15). The ‘permanent residence’ test
to be met by stateless parents whose children were born in the Kyrgyz Republic excludes
stateless persons who fall under the category of temporarily residing aliens. A child born to
a stateless person on Kyrgyz territory whose permanent residency is in a different country
or who has not yet received a permanent residence permit for stateless persons in the
Kyrgyz Republic is considered stateless. As already outlined above, if a child has a Kyrgyz
and a foreign parent who are in disagreement about the child’s nationality, such children
could be rendered stateless. These gaps in the legislation would need to be addressed in
order to ensure compliance with Article 1 of the 1961 Convention, as well as with existing
obligations under Article 7 of the CRC and Article 24.3 of the ICCPR.
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
64
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