The study will examine the various categories of people residing in the Kyrgyz Republic from UNHCR’s perspective, and analyse the legal and administrative frameworks which relate to the reduction and prevention of statelessness and protection of stateless persons in the Kyrgyz Republic. It has been prepared under UNHCR’s Regional Project on Development of Comprehensive Strategy on Prevention and Reduction of Statelessness in Central Asia. Definition of Terms Article 1 of the 1954 Convention defines a stateless person as any person “who is not considered as a national by any state under the operation of its law”. Nationally, statelessness is defined as: “a person who is not a citizen of the Kyrgyz Republic and does not have any proof of affiliation to the nationality of any other foreign state”, this is covered by the 2007 Citizenship Law in Article 3, as well as the 2000 External Migration Law in Article 1. For the purpose of this study, both de jure1 and de facto2 stateless persons, including individuals with difficulties establishing their nationality are hereinafter referred to as stateless persons/populations. The study will also refer to persons at risk of statelessness, which for instance includes, but not limited to, persons whose nationality is not properly documented (persons at risk of statelessness). Methodology A document entitled “Statelessness: An Analytical Framework for Prevention, Reduction and Protection” (the “Framework”) published by UNHCR in 2008, has been adopted as the main methodological tool for this study. Most of the information presented in this paper is based on three surveys conducted by UNHCR’s implementing partners throughout the country (“the surveys”),3 as well as the results from sessions with stateless persons conducted by Multifunctional Teams of staff members of UNHCR, the State Committee on Migration and Employment, the Department of Passport and Visa Control of the Ministry of Interior (UPVK MVD) and NGOs in the northern and southern part of the country (the “Focus Group”). The study was complimented by other documents produced by UNHCR, other UN agencies and partners, publicly available laws and regulations. Representatives of state agencies dealing with stateless persons such as passport offices of territorial Internal Affairs Departments, the State Committee on Migration and Employment, members of the Working Group on Statelessness led by UNHCR, as well as UNHCR’s implementing partners and NGOs, namely, Legal Clinic Adilet, Fergana Lawyers without Borders, Centre for Support to International Protection, Counterpart Sheriktesh, and Help Refugees, also contributed materials. 1 2 3 As per Article 1 of the Convention relating to the Status of Stateless Persons, the term “stateless person” means a person who is not considered as a national by any State under the operation of its law (Convention relating to the Status of Stateless Persons, 360 U. N. T. S. 117, entered into force 6 June 1960 (the 1954 Convention). An individual who has “no state to turn to for protection” though considered to be a national of a certain state(s) under operation of its law. See: the Convention Relating To The Status Of Stateless Persons: Its History and Interpretation. a commentary by Nehemiah Robinson Institute of Jewish Affairs World Jewish Congress 1955, Reprinted by the Division of International Protection of the United Nations High Commissioner for Refugees 1997, p. 7. Local NGOs in the North, the Public Association Counterpart Sheriktesh, Chi Murgab, Adab, Sairon, Help Refugees, and the Civil Society Support Centre of Karabalta with the support of UNHCR conducted a situational analysis of the stateless population in Ysykatinskiy, Moskowskiy, Zhaylskiy Districts of Chui Province from August until October 2007, and in Chuiskiy, Panfilovskiy and Sokulukskiy Districts of Chui Province in April and May 2008 (the “Northern surveys”). In the South, Centre for International Protection and Ferghana Valley Lawyers Without Borders undertook a study of the statelessness situation between September 2008 and January 2009 in the border districts of Aravansky, Karasujsky, Nookatsky and Uzgensky of Osh Province; Kadamzhajsky, Batkensky and Lejleksky Districts of Batken Province; Suzaksky, Nookensky, Bazarkorgonsky, Aksyjsky and Alabukinsky Districts of Jalalabat Province, as well as in districts with lower level of trans-border migration, such as Alajsky, Karakuldzhinsky, Chonalajsky Districts of the Osh province and Chatkalsky, Toguztorunsky and Toktogulsky Districts of Jalalabat province (the “Southern survey”). The surveys focused on areas with known concentrations of stateless populations, but did not cover urban areas and all the provinces of the Kyrgyz Republic. These surveys represent the relevant parts of the publication of UNHCR, A PLACE TO CALL HOME: The situation of Stateless Persons in the Kyrgyz Republic: Findings of the survey Commissioned by UNHCR, Bishkek, 2009. Retrieved 2 Mar 2010 from: http://www. un. org. kg/en/publications/publications/list/publications/unagencies/54-united-nations-high-commissioner-for-refuges-unhcr. Small Changes ‫ ـ‬Big Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic 50