IV. International legal framework and OSCE commitments
2012 Ljubljana Guidelines on
Integration of Diverse Societies
32. An inclusive and non-discriminatory citizenship policy is an important
aspect of integration policy. In addition, citizenship also has a symbolic value as a signal of common belonging on the part of both the holder and the
granter of citizenship.
33. Citizenship is in the competence of the State and should be based on a
genuine link of the individual to the State. Nevertheless, contemporary developments set clear and increasing limits to States’ discretion in formulating
policies regarding access to and stripping of citizenship, including prohibiting
discrimination when conferring citizenship.
34. Citizenship is a human right and everyone has the right to a citizenship.
In particular, laws should not generate statelessness at birth, regardless of
the source of statelessness.
35. States should consider granting citizenship to persons who have been de
jure or de facto stateless for a considerable amount of time, even when other
objective grounds may not be present.
36. Policies that foresee privileged access to citizenship to individuals abroad
based on cultural, historical or familial ties should ensure respect for the
principles of friendly, including good neighbourly, relations and territorial
sovereignty. Such policies should be designed so as to avoid creating ambiguities in relation to jurisdiction. Protecting the rights of minorities is primarily
the obligation of the State in which they reside.53
Next page: Kyrgyzstan. This man, like thousands of other stateless people in
the country, has only an expired Soviet passport. He was photographed in the rural
office of a local NGO providing advice how to get Kyrgyz citizenship. © UNHCR/
Alimzhan Zhorobaev
39