legally resident on their territory unless compelling reasons of national security or public
order otherwise require. Provision of such documents does not recognise the recipients as
citizens, does not change the status of the individuals, and does not give them the right to
diplomatic protection.
The second part of Article 28 suggests that states can provide travel documents to all
stateless persons living on their territory even if they are not lawfully resident. The Convention suggests that States in particular consider issues of giving travel documents to those
stateless persons living on their territory who are unable to obtain a travel document from
the country of their legal residence. This provision is extremely important, as many stateless persons may not be lawfully resident. Travel documents, on the one hand, allow for
the identification of stateless persons, and on the other allow them the right to enter the
territory of other states.
Travel documents are particularly important for stateless persons to simplify travel to
other countries with the aims of study, seeking employment, healthcare or resettlement.
The Appendix to the Convention states that every Contracting State agrees to recognise
the validity of travel documents issued by other states.
Under legislation currently in force in the Kyrgyz Republic identity documents are provided to stateless persons with permanent residence in the Kyrgyz Republic if they need
to leave the country. In other words, they are given only to stateless persons who are permanent residents of the Kyrgyz Republic (Article 24 of Regulation 626 on the Procedure for
Drawing Up and Granting Temporary and Permanent Residence for Foreign Citizens and
Stateless Persons on the Territory of the Kyrgyz Republic of 13 November 2008). Thus, it
is not envisaged that other stateless persons, including those with temporary residence
permits, are to be provided with travel documents under the legislation of the Kyrgyz Republic. Therefore, if the country were to accede to the 1954 Convention, legislators should
consider the possibility of providing identity documents in accordance with Articles 27 and
28 of the Convention to all stateless persons located in the territory of the Kyrgyz Republic,
regardless of their type of residence permit.
3.2.6 Expulsion
Under the Convention, stateless persons legally resident in the country are not to be
expelled save on grounds of national security or public order. Expulsions are subject to due
process of law unless there are compelling reasons of national security. On the strength of
this, procedural guarantees should be implemented that would allow stateless persons to
respond to accusations and present evidence to clear themselves, to use the services of
lawyers, and to make appeals.
The legislation of the Kyrgyz Republic meets the abovementioned Convention requirements on expulsion. Thus, in accordance with Article 19 of the Law On External Migration,
internal affairs bodies and national security bodies should order foreign citizens and stateless persons whose visas or residence permits have expired or have been annulled to
leave the country. Foreign citizens are required to leave the territory of the Kyrgyz Republic
within the period stated in this exit order. If the foreign citizen or stateless person does not
obey the order, the individual is deported from the Kyrgyz Republic.
Foreign citizens or stateless persons can be deported:
1. If their actions contradict the interests of state security or public order;
2. If this is necessary to preserve the health and morals of the population, or to protect
the rights and legal interests of citizens of the Kyrgyz Republic and other persons;
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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