Based on the above, we believe it would be essential on accession to the 1954 Convention to add to the mandates of passport and visa control bodies of the Ministry of Internal
Affairs, and also the diplomatic representations and consular services of the Ministry of
Foreign Affairs, the function of determining the status of stateless persons based on due
process.
3.2.4 Provisions relating to the status of stateless persons
There are basic human rights enjoyed by all persons independent of their status and
their type of stay in an individual country. These include, for example, prohibition of torture
and the principle of non-discrimination. The 1954 Convention essentially confirms the application of these provisions to stateless persons “without discrimination as to race, religion
of country of origin” (Article 3). The Constitution of the Kyrgyz Republic, in Article 13, Point
3 establishes such guarantees, including for stateless persons, using inclusive language
such as “all people” and “no-one”.
Article 7(1) of the Convention establishes the basic level of protection which should be
provided to stateless persons. This envisages that, except when the Convention contains
more favourable provisions, “a Contracting State shall accord to stateless persons the
same treatment as accorded to aliens generally.”
With regard to the majority of rights established in the 1954 Convention, stateless persons should have at least equal access to the rights and privileges guaranteed to foreigners, in particular with regard to movable and immovable property (Article 13), right of association (Article 15), employment (Articles 17, 18 and 19), public education (Article 22),
housing (Article 21) and freedom of movement (Article 26). With regard to other specific
rights, Contracting States are recommended to provide these to stateless persons legally
resident on their territory to standards equal to those ensured for citizens. These include
freedom of religion (Article 4), artistic rights and industrial property (Article 14), access to
courts (Article 16), rationing (Article 20), elementary education (Article 22) public relief
(Article 23) and labour legislation and social security (Article 24). Most of the rights in the
1954 Convention are only accorded to stateless persons lawfully staying in the territory of
the State, however no such requirement is attached to the freedom of religion, right to movable and immovable property, access to courts, rationing, and education, which should be
enjoyed by all stateless persons, regardless of their legal status in the country.
Thus, under Article 24 of Law 1296-XII On the Legal Situation of Foreign Citizens in
the Kyrgyz Republic of 14 December 1993, the provisions of this Law cover, in addition to
foreign citizens, stateless persons, if the latter are not covered by other Kyrgyz Republic
legislation. They have the same rights, freedoms and obligations as citizens of the Kyrgyz
Republic, unless otherwise stipulated in this Law and other legislation of the Kyrgyz Republic; and are equal before the law independent of origin, social status, property holdings,
race, nationality, sex, education, language, religious beliefs, type and character of work and
other circumstances (Article 3 of the Law On the Legal Situation of Foreign Citizens in the
Kyrgyz Republic). This Law has a whole section guaranteeing basic rights and freedoms
for foreign citizens in the Kyrgyz Republic, including stateless people, which guarantees all
the rights provided for in the Convention.
Based on the above, it can be concluded that the legal situation of stateless persons
on the territory of the Kyrgyz Republic meets the standards established in the Convention.
3.2.5 Identity and travel documents
The Convention envisages provision by Contracting States of identity documents for all
stateless persons located on their territory who do not have valid travel documents. Article
28 states that Contracting States should provide travel documents to stateless persons
41
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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