Turkmen law provides two definitions of ‘statelessness’. The 1992 Citizenship Law identifies a stateless person as someone with no proof of affiliation to any state, while the 2005 Law on Migrants13 defines a stateless person as someone “with an appropriate document” confirming that they are “not a national of Turkmenistan or any foreign state, or confirming their stateless situation”. 1.6 National Administrative Framework Each State generally vests its President with the authority to decide on the grant, restoration, renunciation and loss of citizenship, with the assistance of a commission on nationality issues. In Kazakhstan, the authority of the President over citizenship issues does not include cases of loss of nationality, although decisions in such cases can be appealed to the President. The Ministry of Internal Affairs receives applications for naturalization from persons living on the territory, as well as petitions for the restoration and renunciation of nationality. Persons resident outside the territory submit these applications/petitions to consulates of the Ministry of Foreign Affairs. National security agencies screen applications when they are submitted, and when they reach the presidential commission.14 In addition to the institutional arrangements mentioned above, in each State specialised arms of the Ministry of Internal Affairs address specific aspects of nationality and related migration issues which arise under national law. Their precise role varies from State to State. In Tajikistan it is the Migration Service that enforces the 1999 Residence Rules15 setting down the terms of lawful residence for stateless persons and other foreigners. Stateless individuals who enter the country on a valid visa may apply for a stateless person’s residence permit and Stateless Person’s Card after residing there lawfully for at least six months. They can be refused if they apply too early. In Kyrgyzstan, ‘Conflict Commissions’ under the Passport and Visa Control Division adjudicate the cases of persons from the CIS with expired USSR passports. The Passport and Visa Control Division issues those who are stateless with a stateless person’s residence permit and Stateless Person’s Card and publish a conclusion to that effect.16 In Turkmenistan, the State Migration Service has led a registration drive since 2007 to clarify the status of undocumented residents and identify stateless persons among them. Established agencies of state security and internal affairs, in cooperation with the State Migration Service, are considering applications for residence and/or naturalization for those individuals who have been identified.17 In Kazakhstan, the Migration Police processes citizenship applications and keeps a record of naturalizations and deprivations of citizenship each year. The Migration Committee of the Ministry of Labour and Social Welfare administers the resettlement quota for ethnic Kazakh repatriates. 1.7. Partnerships With UNFPA, UNHCR has advised on questions for the national census in Kazakhstan, Kyrgyzstan, Turkmenistan and Tajikistan. Its aim was to identify the stateless population more fully. In 2009 UNHCR published findings of three surveys of stateless persons carried out by its NGO partners, with government endorsement. These were believed to be among the first surveys of their kind. In all four States, UNICEF and UNFPA have advised on family law and improved methods of birth registration, which is key to prevention of statelessness. 13 Article 1, as amended in 2008. According to the 1995 Citizenship Law of Tajikistan, as amended in 2008; the Constitution of Kyrgyzstan and its 2007 Citizenship Law; the 2008 Constitution of Turkmenistan, its 1992 Citizenship Law and the 1992 Provision on Procedure for Hearing Petitions and Applications for Citizenship, confirmed by Presidential Decree No 1328. 15 1999 Law No 218 ‘On the Rules of Stay for Foreigners and Stateless Persons’ in Tajikistan, as amended in 2008. 16 Under Paragraph 7 of the Regulation ‘On the Manner of Execution and Issuance of Temporary and Permanent Residence Permit to Foreign Citizens and Stateless Persons in the Territory of Kyrgyz Republic’, as adopted on 13 November 2008, to regulate implementation of the 2000 External Migration Law. 17 Law on State Migration Service of 28 November 2009 and SMST Regulation approved by Presidential Decree No 6133 of 21 February 2003 lists functions which, among other things, ensure control over migration processes, including: the entry, sojourn and exit of foreigners and stateless persons in and from Turkmenistan; collection and analysis of information on foreigners and stateless persons; and accepting application for admission to Turkmen citizenship, and the issue of residence permits. 14 ~8~

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