(b) were Kyrgyz nationals after the adoption of the Declaration on State Sovereignty in the manner set forth in the law, and who had not lost their nationality by the time the 1993 Citizenship Law (18 February 1994) went into force; (c) acquired nationality of Kyrgyz Republic as per the 1993 Citizenship Law. Thus, people in the Kyrgyz Republic, who failed to meet the above criteria or fulfil relevant administrative requirements and otherwise become stateless, were not provided Kyrgyz citizenship. Although the 2007 Citizenship Law of the Kyrgyz Republic largely addresses the situation of former USSR citizens, who permanently resided in the Kyrgyz Republic, similar to the previous Citizenship Laws, it overlooks a guarantee to grant nationality to a person who would otherwise become stateless as a result of state succession in the Kyrgyz Republic. Existing laws and practices were not always consistent or applied in a unified manner by all relevant implementing authorities. Thus, for example, many holders of former USSR passports are recognized as Kyrgyz citizens under the 2007 Citizenship Law,8 but nevertheless have to go through a ‘Conflict Commission’ to determine their eligibility for documentation and in effect confirm their nationality. In different districts, the ‘Conflict Commission’ may apply different eligibility sub-criteria which are not in the 2007 Citizenship Law, such as the possession of a valid propiska in the Kyrgyz Republic or a valid de-registration of residential stamp (vypiska) in the country, or place of origin, or previous permanent residency. These discrepancies have been highlighted by both implementing authorities and NGOs currently working in the country. Both actors refer to internal inconsistencies and conflicting provisions of laws when it comes to the confirmation or acquisition of nationality by stateless persons under the 2007 Citizenship Law. A person who is stateless cannot formally be documented as such, i.e. receive a residence permit of stateless person,9 and apply for Kyrgyz citizenship on the basis of their statelessness status, unless they first obtain another form of legal status, known as the status of immigrant, which was introduced by the Law on External Migration of 17 July 2000 (the “2000 External Migration Law”), which is applicable to all foreigners who wish to permanently reside in the country except for refugees and asylum-seekers. At the same time, many stateless persons remain in the country without a valid visa or passport, which prevents them from submitting a formal application to acquire immigration status and consequently residence permits. Some people have remained stateless or with undetermined nationality since 1991, while others became stateless or at risk of statelessness more recently because of possessing expired and non-renewable passports and identity documents from other CIS countries. The legality of residence may also depend on the possession of valid identity documents and permits to stay and reside in the country, especially since former USSR passport are no longer considered valid identity documents in the Kyrgyz Republic.10 The legitimacy of residency of such people, who comprise the largest group of stateless persons/persons at risk of statelessness in the Kyrgyz Republic, is further jeopardised. Currently, national legislation requires every non-national who stays or resides in its territory for more than six months to hold either a valid visa or a residence permit. See Article 5 of the 2007 Citizenship Law. The 2000 External Migration Law differentiates between temporary and permanent residence permits. Temporary residence permit is a purposeful permit for residence and maybe issued to a person who arrives and stays in the Kyrgyz Republic for a period over six months either under an employment contract or a work permit, or is enrolled in an institute of higher education (application should be supported by an institution), or is involved in implementing an investment project in the territory of the country (Article 26). Individuals who return to or permanently reside in the Kyrgyz Republic and whose nationality of the Kyrgyz Republic was terminated in accordance with the law or who have not yet acquired nationality of the Kyrgyz Republic, as well as foreigners and stateless persons (upon attaining the age of 18) who permanently reside in the country maybe granted permanent residence permit (para. 6, 2008 Residence Permit Regulation). 10 Initially, former USSR passports had to be fully replaced with new passports of the Kyrgyz Republic by 2002 under the Governmental Decree dated 24 December 1997. However the replacement period was extended until 31 December 2005 by another Decree of the Government No 557 dated 27 July 2004. 8 9 Small Changes ‫ ـ‬Big Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic 54