Law or policy reform enabling automatic acquisition of nationality The Commissions for Citizenship Determination are composed of at least three persons who make decisions at the local level as to whether an individual is or is not a Kyrgyz citizen or a stateless person under Article 5.26 The 2007 Law and Presidential Decree #473 contain a number of other positive developments. Among these are flexible requirements for what may be considered proof of residence for the purpose of determining whether a person is a Kyrgyz citizen. According to Presidential Decree #473, applications to the Commissions for Citizenship Determination must include: a) the original and photocopy of documents confirming the identity of the applicant (in practice a passport, including the Soviet passport); b) a detailed biography; c) two photos; and d) a document which proves that the individual has resided permanently and continuously in the territory of the Kyrgyz Republic. With the adoption of the 2013 Regulation, birth certificates are also considered valid proof of identity.27 However, individuals who possess neither a passport nor a birth certificate are required to go through the laborious process of establishing their identity through a court procedure for late birth registration before they can apply to the commissions. Importantly, USSR passport holders can be confirmed as citizens of Kyrgyzstan whether or not they possess proof of permanent residence in Kyrgyzstan (propiska). Rather, the 26 According to Presidential Decree #473, paragraph 27, the following categories of persons are considered as falling under the competency of the Commissions: (1) Former USSR citizens who still possess a Soviet passport (1974 type) and who have permanently resided in the Kyrgyz Republic for the last five years (from the moment of addressing a department of the Ministry of Interior) and have not declared possessing the citizenship of another country; (2) former USSR citizens with Soviet passports (1974 type) with a stamp to indicate temporary residence in the Kyrgyz Republic (linked to the fact that they did not own property and were registered temporarily with family or friends) but who have permanently resided for the previous five years (at the moment of addressing a department of the Ministry of Interior) and do not possess a notification that they are citizens of another State; (3) persons who have lost their USSR passports (1974 type) but who held permanent or temporary residence in the Kyrgyz Republic and who habitually reside there; (4) persons who were unable to obtain Kyrgyz passports in the past, either because they did not fall under the criteria of the 1993 Citizenship Law or were orphans who were brought up by relatives or friends, and who are habitually resident in the Kyrgyz Republic. By the adoption of the 2013 Citizenship Regulations, two new categories were added (paragraph 51):(…) 4) Persons who permanently reside in the territory of the Kyrgyz Republic, possess Soviet passports (1974 type) with a notification of possession of citizenship of a CIS member State, and to this date remain without a national passport of this State. This category of persons is required to submit a note explaining why they do not possess a valid identity document in case the State concerned does not have a diplomatic or consular representation in Kyrgyzstan, or, in particular cases, a certificate of loss or lack of citizenship of a foreign State; 5) persons who reside permanently on the territory of the Kyrgyz Republic for five years or more, who possess expired passports of a CIS member State, and who are unable for reasons beyond the control of the person concerned to extend or replace this passport with a valid one. Such individuals are required to submit a declaration setting out the reasons for the failure to present a valid passport. Furthermore, in the new Citizenship Regulation, categories 1 and 2 above have been combined and the residence requirement has changed to “permanently or temporarily registered on the territory of the Kyrgyz Republic”. It is also worth noting that the requirement “at/from the moment of addressing the Agencies of Interior” does not appear in the new Regulation. 27 Paragraph 53 of the 2013 Citizenship Regulation. 26 U N H C R > G P P A C T I O N 1 : R E S O LV I N G E X I S T I N G M A J O R S I T U AT I O N S O F S TAT E L E S S N E S S