grant of Ukrainian citizenship coincides with the renunciation of Uzbek
citizenship, thus avoiding the possibility of an individual becoming
stateless during the process. During the three years that this bilateral
agreement was in force, some 80,000 returnees from Uzbekistan were
granted Ukrainian citizenship. Ukraine later concluded similar bilateral
agreements with Belarus (1999), Kazakhstan (2000), Tajikistan (2001), and
the Kyrgyz Republic (2003).
In January 2001, the Ukrainian parliament adopted a new Citizenship
Law that goes even further toward preventing statelessness. Among other
provisions, the Law, which was revised in 2005, allows applicants to
renounce their foreign citizenship within one year of acquiring Ukrainian
nationality and waives formal renunciation requirements if the fees
demanded for renunciation would exceed the minimum monthly wage
in Ukraine.
Laws and practices that particularly affect children
As stipulated by both the International Covenant on Civil and Political Rights (ICCPR)
and the Convention on the Rights of the Child (CRC), all children, regardless of where they
were born, should be registered immediately at birth. All children have a right to acquire
a nationality. The nationality of a child will be determined according to the laws of the States
involved; and all States require clarification of where the child was born and to whom.
Without proof of birth, that is, without a recognized birth registration, it is almost impossible
for a child to establish his/her identity and thus to acquire a nationality.
To avoid this problem:
•
States should provide the necessary resources to the relevant local administration
to ensure that birth registration is systematically conducted in accordance with
Article 7 of the CRC and Article 24 of the ICCPR. Support from the international
community, particularly through UNICEF, should be requested if necessary.
•
When registering births, States should identify cases of disputed nationality and
should grant citizenship if the child would otherwise be stateless. Relevant
provisions of the 1961 Convention on the Reduction of Statelessness should
be incorporated into national legislation following accession to the Convention.
These provisions should be incorporated into domestic legislation even if the
State has not acceded to the 1961 Convention.
•
There should be provisions in citizenship legislation for the acquisition of
nationality of the country in which the child was born. This would prevent
statelessness in cases where an error was made in determining the nationality
of the child at birth.
•
Children born out of wedlock should, to the extent possible, be given the
same access to nationality at birth as children born to married parents in
accordance with national law.
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents