a precondition for acquiring or retaining nationality is lifted when such renunciation
or loss is not possible. For example, refugees should not be expected to
return to or to contact the authorities of their country of origin to renounce
their citizenship.
Good practices: Ukraine
In 1944, more than 200,000 Crimean Tatars were deported from Crimea
to various regions of the Union of Soviet Socialist Republics (USSR),
accused of having cooperated with the occupying Nazi forces. Most were
deported to the Uzbek Soviet Socialist Republic. Two decades later, the
President of the Supreme Soviet of the USSR declared that the accusations
against the Crimean Tatars were groundless and that the Tatars could
reside anywhere on the territory of the USSR, including on the Crimean
peninsula.
Those Tatars who decided to return to Crimea, however, faced problems
in obtaining registration, employment, and access to land and housing.
In 1987, the Council of Ministers of the USSR adopted a resolution
restricting repatriation of the Crimea Tatars to only eight inland districts
of the peninsula, preventing their return to their previous homelands
on the more fertile and developed south coast. Two years later, after the
Supreme Soviet declared “illegal and criminal” the actions used to deny
rights to “the peoples subjected to forced deportation,” a massive flow
of returnees to Crimea ensued.
In the wake of the dissolution of the USSR in December 1991, complex
political and legal problems concerning state succession, including issues
of territorial boundaries and nationality, suddenly arose.
Ukraine, which now included the territory of Crimea, became the successor
State to the former Ukrainian SSR. Accordging to the country’s first
Citizenship Law (1991), persons who were citizens of the former USSR
and who were permanently resident on Ukrainian territory, including Crimea,
when independence was declared on 24 August 1991, automatically
(ex lege) became citizens of Ukraine, regardless of their origin, social
status, race, nationality, gender, education, native language, political
opinion, or religion. The only conditions under which these persons could
not automatically acquire Ukrainian citizenship were if they were citizens
of another State and if they had objections to becoming Ukrainian citizens.
Even those individuals who had registered their legal residence in Ukraine
between independence and the entry into force of the Citizenship Law
three months later were also automatically granted Ukrainian citizenship.
Some 150,000 Crimean Tatars acquired Ukrainian citizenship through
these provisions.
An estimated 108,000 Crimean Tatars who returned to Ukraine after the
Citizenship Law came into force in November 1991 faced new problems
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