Thus, the legislation of the Kyrgyz Republic does not automatically exclude anybody from being recognized as a stateless person, but in accordance with procedures that have been established in it, a person could be refused a residence permit. 3.2.3 Eligibility Though the 1954 Convention gives a definition of statelessness, it does not establish how it is to be determined who is a stateless person. Therefore, it is in the interests both of states, and of persons to whom the Convention may apply, that legislation is passed by states to establish procedures for determining who is a stateless person. Such legislation should also establish who makes the determination, and what the consequences are for the individual of the determination. If the individual has made an application to be recognised as stateless, or if the authorities have taken measures to determine if the individual is stateless, then it may be necessary to provide for temporary stay while the process is underway. The Convention does not oblige states to grant a legal stay to an individual while his/her request for recognition as a stateless person is being assessed. The practical realisation of such procedures depends on the state in question. In this connection, in accordance with the principle of due process, the applicant should be provided with certain guarantees, including: • • • • • • • • the right to individual examination of the claim in which the applicant may participate; the right to objective treatment of the claim; a time limit on the length of the procedure; access to information about the procedure in language which the claimant can understand; access to legal advice and an interpreter; the right to confidentiality and data protection; delivery of both a decision and the reasons that underlie the decision; and the possibility to challenge the legality of that decision. In the Kyrgyz Republic, as in some other countries, there is no special procedure for recognising stateless persons. However, there is a procedure for determining and recognising eligibility for citizenship of the Kyrgyz Republic. Articles 29 and 30 of the Law On Citizenship of the Kyrgyz Republic gives a mandate to internal affairs bodies to determine the eligibility of persons permanently resident in the territory of the Kyrgyz Republic, and to the Ministry of Foreign Affairs, diplomatic representations and consular departments that of persons permanently resident outside the territory of the country. The procedure for determining and recognising eligibility for citizenship of the Kyrgyz Republic for persons permanently resident in the territory of the Kyrgyz Republic is established in the Regulation on the Procedure for Considering Issues of Citizenship of the Kyrgyz Republic, approved by Presidential Decree 473 of 25 October 2007. Based on a personal application addressed to the territorial passport department of the internal affairs body, checks are carried out to determine if the individual is eligible or ineligible for citizenship of the Kyrgyz Republic. This determination is approved by the head of the passport department. The applicant is informed of the results. No time limit is established for the procedure. The Department of Passport and Visa Control under the Ministry of Internal Affairs and its territorial subdivisions has conflict commissions which make determinations regarding persons who wish to clarify their eligibility for citizenship of the Kyrgyz Republic. These are authorised to repeat the consideration of any application, and if an incorrect decision has been made, to change the determination (Articles 29 and 30 of the Regulation on the Procedure for Considering Issues of Citizenship). Small Changes ‫ ـ‬Big Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic 40