Loss of Tajik citizenship occurs the day the “competent authorities” register the citizen’s noncompliance with the registration deadline.68 It is not clear what procedures exist to register such noncompliance, but UNHCR knows of Tajiks who have lost their citizenship for long-term residence
abroad. The provision of the Citizenship Law on the right to appeal decisions relating to registration of
acquisition or loss of citizenship may also apply with regard to loss of citizenship for residence
abroad.69
In Uzbekistan, the consular section of the relevant Uzbek diplomatic mission informs the Ministry of
Foreign Affairs about Uzbek citizens who have failed to register. Before this, “depending on the
circumstances”, the head of the consular section makes an independent evaluation of the citizen’s
reasons for failing to register, and whether these are well-founded. The Ministry of Foreign Affairs
issues an opinion and forwards it and the information received to the presidential Citizenship
Commission.70 Loss of citizenship takes effect from the day the Uzbek President issues his decision in
the form of a decree.71
The 1991 Nationality Law of Kazakhstan contains a guarantee that residence of a Kazakh citizen
abroad should not lead to the termination of his/her Kazakh citizenship.72 The Law later states, that a
person’s failure to register with a consulate within a deadline is one ground for their loss of
citizenship.73 An internal rule of the Ministry of Foreign Affairs regulates the procedure.74 The
Director of the relevant consular body examines the citizen’s reasons for missing the deadline and
decides whether the reasons were adequate for purposes of the law. The revocation decision is
explained to the person affected, along with a procedure for appeal,75 – but the rule does not say if the
explanation is given in writing.76 If an appeal fails, the decision comes into force. The Foreign
Ministry sends the decision to the Department of Law Enforcement and Judicial System of the
Presidential Administration and the individual’s passport is cancelled, and their name removed from
the consular register. Affected persons can receive a documentary record of the transaction, if they so
request.77
Loss of citizenship in these cases is not conditional upon the acquisition, or guarantee of another
nationality and so could lead to statelessness among Tajik, Kazakh and Uzbek nationals resident
abroad.
After the adoption of the new citizenship law in Kyrgyzstan in 2007, residence abroad without
consular registration no longer leads to loss of Kyrgyz citizenship.
2.5.2 Loss of nationality on grounds of personal behaviour
All five States foresee loss78 of citizenship acquired by misrepresentation or fraud.79 The legislation of
each State also provides for loss of citizenship for serving in the military or intelligence services of a
68
Article 29, 1995 Citizenship Law of Tajikistan.
Article 52, 1995 Citizenship Law of Tajikistan.
70
Section IV, para. 2, 1992 Regulation No UP-500 ‘On the Procedure for Considering Issues related to the Citizenship of the
Republic of Uzbekistan’.
71
Article 21, 1992 Citizenship Law of Uzbekistan.
72
Article 7, 1991 Citizenship Law of Kazakhstan; Para.41, Consular Services Regulation No 217, approved by the Decree of
the President, dated 27 September 1999.
73
Article 21(5), Citizenship Law of Kazakhstan.
74
Kazakhstan Ministry of Foreign Affairs Rules No 263 ‘On Documenting Citizenship Issues in Consular Institutions’, 21
November 2000; Para. 41, Kazakhstan Consular Services Regulation No 217, approved by the Decree of the President, dated
27 September 1999.
75
Ibid, Article 20(2).
76
Ibid, Article 21.
77
Ibid, Article 23.
78
In the laws of the region, termination of nationality on the grounds referred to in this section is classified as ‘loss of
nationality’. Article 7 and Article 8 of the 1961 Convention on Reduction of Statelessness refer to loss and deprivation of
69
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