for naturalization were rather strict and were gradually relaxed under subsequent legislative initiatives. It is
possible that some individuals who had not been able to “opt” for Lithuanian citizenship were also deterred
from applying for citizenship through naturalization if, for example, they did not speak Lithuanian or had
been convicted of a crime which incurred a prison term. Nevertheless, as naturalization rates have only
become publicly available since 2001, it is impossible to analyze the trends and the impact of the 1991 Law
on Citizenship.
2.1.2 National legal framework
Lithuania acceded to the 1954 Convention in February 2000 without any reservations, and to the 1961
Convention in July 2013, with a Declaration stating “… In accordance with paragraph 3 of Article 8 of the
Convention, … the Republic of Lithuania declares that the Republic of Lithuania retains the right to deprive a person
of his nationality on the grounds of the deprivation of nationality of the Republic of Lithuania, as provided for in
paragraphs 4 and 6 of Article 24 of the Law of the Republic of Lithuania on Citizenship.”
Lithuania should be commended for progress in working towards the prevention and reduction of
statelessness, though some gaps remain in national law and practice with regard to meeting the obligations
of the two Conventions. Recently, the Committee on the Elimination of Racial Discrimination (CERD),
the Committee on Economic, Social and Cultural Rights (CESCR) and the Human Rights Committee
expressed concern regarding the fact that some Roma persons do not have identity documents and are
stateless although born in the country.40 Lithuania has not directly responded to these concerns, or other
concerns expressed by the human rights treaty bodies pertaining to stateless persons on its territory, the
low rates of naturalization, and lack of attention to the issue of statelessness.41 Instead, the Government
has emphasized the fact that nearly 99 per cent of all residents belonging to national minorities accepted
Lithuanian citizenship through the “zero option” procedure following the restoration of independence.42
Article 12 of the 1992 Constitution of the Republic of Lithuania establishes that “Citizenship of the Republic
of Lithuania shall be acquired by birth and other grounds established by law”. It also states that, with the
exception of individual cases provided for by law, no one may be a citizen of both the Republic of Lithuania
and another State at the same time.
The 2010 Law on Citizenship governs acquisition and loss of nationality. The most recent amendment
to the Law was adopted on 9 May 2013, occurred in connection with Lithuania’s accession to the 1961
Convention.43
Under national law, stateless persons are considered aliens44 and are thus subject to the 2004 Law on the
Legal Status of Aliens, as well as other legislative and executive actions. Questions of citizenship fall under
the competence of the President of the Republic of Lithuania, as executed by the Citizenship Commission,
the Minister of the Interior, the Migration Department at the Ministry of the Interior, and the Vilnius District
Administrative Court.
18
40
UNGA, Human Rights Council, Working Group on the Universal Periodic Review Twelfth session, Geneva, 3-14 October
2011, Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the
annex to Human Rights Council resolution 5/1 – Lithuania, A/HRC/WG.6/12/LTU/2, 25 July 2011, paragraph 72, available at:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/LTSession12.aspx.
41
Ibid, paragraphs 77 and 79.
42
UNGA, Human Rights Council, Working Group on the Universal Periodic Review Twelfth session, Geneva, 3-14 October 2011,
National report submitted in accordance with paragraph 15(a) of the annex to Human Rights Council resolution 5/1-Lithuania, A/HRC/
WG.6/12/LTU/1, 19 July 2011, paragraph 26, available at: http://www.ohchr.org/EN/HRBodies/UPR/Pages/LTSession12.aspx.
43
The Law on Citizenship is discussed in detail in chapter 3 and 4.
44
Republic of Lithuania Law on the Legal Status of Aliens, 29 April 2004-No. XI-2206, Vilnius (with subsequent amendments) (Law
on the Legal Status of Aliens), Article 2(32).
M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A