in obtaining Ukrainian citizenship. Some 28,000 who had cancelled their
permanent residency status in other countries before the citizenship
legislation of those countries entered into force became de jure stateless.
Another 80,000 who had remained registered in their previous country
of residence when its citizenship legislation entered into force had become
de jure citizens of those states. As a result, they were not automatically
granted Ukrainian citizenship. Although they were offered access to Ukrainian
citizenship through individual naturalization procedures, most of the
returnees who had hoped to acquire Ukrainian citizenship could not meet
the stringent requirements of those procedures, which included five years
residence in Ukraine, sufficient income, and knowledge of the Ukrainian
language.
UNHCR, the Organization for Security and Cooperation in Europe (OSCE),
and the Council of Europe encouraged the Ukrainian government to
amend its citizenship law to address these problems. UNHCR offered
training and technical assistance to the Ukrainian Passport and Naturalization
Service and organized a media campaign on citizenship. Local NGOs,
supervised by UNHCR, provided legal counselling to applicants for
Ukrainian citizenship and represented individuals during legal proceedings
with the Ukrainian authorities.
In an effort to reduce, and ultimately prevent, statelessness, the Ukrainian
parliament, in consultation with UNHCR, amended the country’s Citizenship
Law seven times during the legislation’s first ten years of existence. In
May 1997, language and income requirements for applicants were removed,
and descendents of formerly deported persons were allowed to acquire
Ukrainian citizenship on the grounds of their forebear’s origin in the territory of
Crimea. These positive amendments made it possible for some 28,000 de
jure stateless returnees to finally acquire Ukrainian citizenship.
While these amendments went a long way toward resolving the problems
of individuals who were stateless, other obstacles to acquiring Ukrainian
citizenship including the country’s constitutional ban on dual citizenship,
remained. Returnees who had already become de jure citizens of Uzbekistan
before they returned to Crimea, for example, had to be formally released
from Uzbek citizenship before they were able to obtain Ukrainian
citizenship. The renunciation of Uzbek citizenship, however, required
payment of US$100, a visit to the Uzbek embassy in Kiev, and an
administrative procedure that often lasted more than a year.
UNHCR and the OSCE mediated negotiations between the two countries
that led to a bilateral agreement, adopted in 1998, that simplified
the procedures for changing citizenship. Uzbekistan agreed to
waive renunciation fees and allowed local passport offices of the
Ukrainian Ministry of Interior to collect renunciation applications and
forward them to the Uzbek authorities. In response to concerns raised
by UNHCR, an administrative policy was adopted requiring that the
30
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents