I.
“establish a formal and simple statelessness determination procedure to enable all
stateless persons, without discrimination, to have their status ascertained;
II. ensure that the new draft law on citizenship includes safeguards against statelessness
in the event of deprivation of citizenship, and provides for due process guarantees,
including the possibility to appeal against decisions to remove citizenship; and,
III. amend the Law on External Migration to ensure that the provisions on the removal of
non-citizens from its jurisdiction do not discriminate on the grounds of race, colour or
ethnic or national origin and that non-citizens have equal protection against
refoulement.”
14. Over the reporting period, Kyrgyzstan was also reviewed by Committee on the Elimination of
Discrimination against Women (2015), the Committee on Migrant Workers (2015) and the
Committee on Economic, Social and Cultural Rights (2015), however no relevant
recommendations were made.
Overview of Kyrgyzstan's Legal Framework for Nationality and Statelessness
15. According to Article 2 of the Law of the Kyrgyz Republic on Citizenship of the Kyrgyz Republic,
21 March 200713 (Law on Citizenship), citizenship in the Kyrgyz Republic is regulated by:
I. the Constitution of the Kyrgyz Republic, 2010 (Constitution);14
II. international treaties to which the Kyrgyz Republic is a party and which have been
entered into force in accordance with relevant legal procedures;15 and
III. the Law on Citizenship and regulations adopted in accordance with it.
Constitution
16. Article 19 of the Constitution provides that:
"19.1 Foreign citizens and stateless persons in the Kyrgyz Republic shall enjoy rights
and perform obligations equally with the citizens of the Kyrgyz Republic except for
cases defined by law or international treaty to which the Kyrgyz Republic is a party.
19.2 In accordance with international commitments the Kyrgyz Republic shall grant
asylum to foreign citizens and stateless persons persecuted on political grounds as well
as on the grounds of violation of human rights and freedoms."
17. Under Article 50.3 of the Constitution, the procedure and conditions for granting citizenship
of the Kyrgyz Republic shall be defined by law.
Law on Citizenship
18. Article 11 of the Law on Citizenship sets out the grounds for obtaining citizenship in
Kyrgyzstan. Under Article 11, citizenship of the Kyrgyz Republic is obtained:
I.
II.
III.
IV.
as a result of birth;
as a result of being granted citizenship of the Kyrgyz Republic;
as a result of revival in citizenship;
in accordance with the procedure envisioned by interstate agreements which became
13
https://www.refworld.org/docid/4693a5e514f.html.
https://www.constituteproject.org/constitution/Kyrgyz_Republic_2016.pdf?lang=en.
15 The relevant treaties are discussed above at [0] - [Error! Reference source not found.].
14
4