the Kyrgyz Republic, though some of them are not yet documented as nationals and may
have children born between 2007 and 2009. In such a situation, the children’s parents were
legally nationals of the country by an act of law at the time of the birth, however, were not
documented as nationals. The absence of a provision in the 2007 Citizenship Law on mutually exclusive application of nationality acquisition for children at birth or by naturalization
provides authorities with a wide margin of discretion to apply either method of citizenship
acquirement.
Compliance with International Standards: Kyrgyz legislation provides a broad framework for citizenship and allows for the facilitated naturalization of different groups. The assistance in the naturalization of refugees through reduced residency requirements is good
practice in line with Article 34 of the 1951 Convention relating to the Status of Refugees.
The 1954 Convention similarly prescribes the following: “. . . the contracting states shall
as far as possible facilitate the assimilation and naturalization of stateless persons. They
shall in particular make every effort to expedite naturalization proceedings and to reduce
as far as possible the charges and costs of such proceedings”. In view of this standard, the
Kyrgyz government should consider introducing grounds for facilitated naturalization for
stateless persons, through a reduced residency requirement at a lower cost, which would
decrease an obstacle to naturalization for stateless persons in Kyrgyz. The duty stamp
that is required for a naturalization application currently costs 2,000 Kyrgyz Som (KS) (approximately $44 USD) except for ethnic Kyrgyz, refugees and forced migrants pay 100 KS
(approximately $2. 20 USD). The Southern survey reported that many stateless persons
consider the fee unaffordable.
As a corollary to the right to a nationality, states must make an effort to avoid perpetuating statelessness. The requirement to renounce nationality in order to apply for naturalization always renders applicants temporarily stateless and if denied leads to permanent
statelessness. Bilateral or multilateral agreements can help circumvent this type of statelessness by determining that a person loses the nationality of a state only once they have
acquired the nationality of the Kyrgyz Republic.18 Legislative provisions that allow for a
grace period after naturalization in which one must renounce their other nationality (as is
done in the Ukraine) is another way of addressing this gap.
2.5 Renunciation
Substantive Law: The 2007 Citizenship Law establishes ordinary procedures for renunciation of Kyrgyz citizenship for adults and a simplified procedure of voluntary renunciation
for children through written application by the parents (Article 24). A person, who renounces their Kyrgyz citizenship but fails to acquire another nationality, may restore their nationality (the 2007 Citizenship Law, Article 15 and the 2007 Citizenship Regulations, para. 24).
Procedural Issues and Internal Consistency: The 2007 Citizenship Law itself does
not place a condition of renunciation on the acquisition of another citizenship or require a
formal assurance from another state that citizenship will be granted. However, the 2007
Citizenship Regulations require a document from an empowered state agency of a foreign
country to confirm that the applicant, who seeks to renounce Kyrgyz citizenship, has acquired nationality of that country. Alternatively, a written confirmation of the possibility of
granting the applicant the nationality of that state should be submitted by the applicant prior
to renouncing the nationality of the Kyrgyz Republic (para. 33). It would be worth includ18 Thus, for example, the Agreements between the Republic of Tajikistan and the Kyrgyz Republic on Simplified Manner of Acquisition of Citizenship of 7
June 2002 and 26 May 2004 provide for the safe transition from one nationality to the other by preserving the nationality of one country unless a positive
decision on granting nationality is made by the other state (Article 3).
69
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents