as either Kyrgyz nationals or as nationals of the country their parent(s) are legally affiliated
with (these are generally spouses of Kyrgyz nationals who reside in border areas).
The Southern survey identified approximately 1,880 people and the Northern surveys
identified 1,600 people as holders of national passports of neighbouring CIS countries
whose national laws provide for the loss of nationality after a given time period, if their nationals fail to register with a consulate while residing abroad. These individuals are therefore
at risk of statelessness, though they may legally be nationals of their countries of previous
residence or birth, as the application for loss of nationality is not automatic and requires a
decision in each individual case. Some consular authorities of countries of previous residence can decline applications for renunciation of or certification of loss of nationality.
Children of Labour Migrants:
The third group are children of labour migrants from the Kyrgyz Republic who acquired a
new nationality without claiming it for their children and whose children remain permanent
residents in the Kyrgyz Republic. The risk of statelessness for these children is connected
to possible arbitrary practice of implementation of the relevant by-laws. The children are
nationals of the Kyrgyz Republic under the Law On Citizenship of Kyrgyz Republic of 27
May 2007 (the “2007 Citizenship Law”) since they were either nationals of the country before the date of entry into force of the new Citizenship Law or became nationals because
their parents were nationals of the Kyrgyz Republic at the time of the children’s birth.6 The
surveys report, demonstrated that the children risk being rejected when they apply for national passports because the authorities request that they provide proof of their parents’
nationality by submitting copies of the parents’ national passports. This means that the
parents should be nationals of the Kyrgyz Republic not at the time of the child’s birth as required by law, but by the time when the children apply for national passports. If the children
cannot provide this evidence, they could be prevented from receiving a national passport
as a confirmation of their citizenship, which could result in statelessness.
In addition, to the aforementioned three categories of stateless persons or those at risk
of statelessness, the Southern survey mentioned another separate group of around 2,500
individuals of the “Luli community” who reside, in an isolated district, in Osh province. Reportedly, most Luli are undocumented and this may increase their risk of statelessness.
The Southern survey recommends a separate study for documenting the issues faced by
this community.
1.2 Reasons for statelessness
Among the main reasons for statelessness or the risk of statelessness are the following
considerations. Firstly, there were no clear safeguards in the law adopted in the Kyrgyz
Republic at the time of state succession to ensure that a person should be granted nationality at their place of habitual residence, if they would otherwise be stateless as a result of
state succession.7 According to the 1993 Citizenship Law, three categories of people were
recognized as nationals of the country. They included those who:
(a) were nationals of the Kyrgyz Republic on the date of adoption of the Declaration on
State Sovereignty of the Kyrgyz Republic (15 December 1990) and did not make a
statement of affiliation to another country;
6
7
See Articles 5 and 12 in the 2007 Citizenship Law.
Relevant international standards, which set the safeguards against statelessness as a result of state succession, are found in Article 10 of the 1961
Convention (in the event where state succession involves transfer of territory) and the Council of Europe Convention on the Avoidance of Statelessness
in relation to State Succession No. 200, Strasbourg, 19 May 2006, entered into force on 1st May 2009 (the “Council of Europe Convention No 200”).
53
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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