The Kyrgyz Republic and the magic wand – How do states end statelessness?

When it comes to reducing, and even eradicating statelessness, one country has got it just right.  The Kyrgyz Republic has recently announced that it has ended statelessness within its borders.  Let’s reflect on that.  There were stateless people, in the thousands, living in the Kyrgyz Republic, and then the number of stateless individuals was reduced to 0.  Not by 2024 as many states have pledged to do as part of UNHCR’s #IBelong Campaign ¹, but now. Today.

But how did the Kyrgyz Republic manage this feat? Ending statelessness is not something that happens by accident.  It takes a concerted effort, political will and policies that minimise the risk of statelessness and can mitigate its effects.  In this blog, I look at how the Kyrgyz Republic ended statelessness and what other states can do to follow the Kyrgyz example.

 

The Kyrgyz republic leading the way

As recently as 2009, the Kyrgyz Republic hosted as many as 20,000 stateless people.  This is quite a high proportion for a country with a population of 5 million.  Many of its the stateless individuals were either born in the Republic, had lived there for most of their lives or had married a Kyrgyz citizen ².

A large number of those who were born in the Kyrgyz Republic previously held Soviet Union (USSR) passports.  When the USSR dissolved in December 1991, some 280 million people lost their citizenship.  I have written before about the impact of the break-up of the Soviet Union on statelessness within Europe.  See, for example, here and my blog on the situation in Latvia and Lithuania which provide more detail on the background and impact.  The break-up of the Soviet Union is not unique in creating the conditions for statelessness.  The break-up of Yugoslavia resulted in similar problems when people moved across the boundaries of the newly created states.  For more information, see my blog on Hoti v Croatia.

Across Central Asia, including the Kyrgyz Republic, the break of the Soviet Union affected around 60 million people.  Many people became stateless because they did not acquire or confirm that they had the nationality of any of the successor states.  This was the case even where they had ties to those states through birth, descent or habitual residence.  Sometimes, the nationality laws of the new states made it difficult for former USSR citizens to acquire the nationality of one of the new states ³.

 

Political will needed for the Kyrgyz Republic to end statelessness

 

“If governments will make a political decision to end this, they can”

Azizbek Ashurov the lawyer and human rights advocate who worked hard to end statelessness in the Kyrgyz Republic, described the task as “simple” once governments recognise that it is in their national interest to end statelessness ⁴.  Ashurov works at Ferghana Valley Lawyers Without Borders (FVLWB).  The lawyer and his colleagues at FVLWB helped more than 10,000 people gain Kyrgyz citizenship ⁵.  For his extensive efforts and the success of his campaign, Ashurov was awarded the annual Nansen Refugee Award by UNHCR ⁶. I have written about the role Nansen played in reducing statelessness here.

 

Concerted action needed alongside political will

As Ashurov confirms, political will is definitely needed.  But so are real practical steps to tackle the issue.  Efforts to reduce statelessness take time and require ongoing effort.  As far back as 2007, Kyrgyzstan amended its citizenship law in a way that promotes the reduction of statelessness.  The new law recognised former USSR citizens who had become stateless following the break-up of the Soviet Union.  The initial amendments to the state’s citizenship laws included a simplified naturalisation procedure.  Over time the authorities expanded the criteria so that more people could benefit ⁷.

In terms of more recent efforts, the political will was evident from the decision of the State Registration Services to work with civil society groups such as the Ferghana Valley Lawyers Without Borders and with UNHCR.  This coordinated action resulted in a National Action Plan. This provided the legal framework for taking action to reduce statelessness, including defining the status of a stateless person.  An agreement was also made with UNHCR to resolve legacy issues, such as the need to exchange the old Soviet passports of individuals living in the Kyrgyz Republic.

The second step was to work on identifying the extent of the problem and those who might need assistance ⁸.  In this context, an outreach programme was key.  As well as increasing public awareness, mobile units equipped to help people apply for the right identity documents criss-crossed the country.  In the end, granting Kyrgyz citizenship to those who are stateless had the most impact.  Between 2014 and 2019 the stateless population of Kyrgyzstan went from 13,700 to 0.

 

What else is needed?

Accede to the statelessness Conventions

The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness are the key international treaties addressing the issue of statelessness.  The 1954 Convention focuses on identifying who is stateless within a state.  Parties to the Convention must ensure minimum rights and standards for stateless people in their country, such as the right to education, employment, health and housing.  The 1961 Convention seeks to prevent and reduce statelessness by creating an international framework to promote the right of every person to a nationality.

The most recent state to accept to be bound by the obligations under the Conventions is North Macedonia.  North Macedonia recently become a party to the 1961 Convention ⁹ having acceded to the 1954 Convention in 1994 when it was still the Former Yugoslav Republic of Macedonia.  I have written about some of the states which have recently made similar commitments here. And here is more information about those that have yet to take that step.

It is true that the Kyrgyz Republic (like other Central Asia states) has not ratified the Statelessness Conventions.  However, it is noteworthy that Kyrgyz laws are largely compliant with key obligations under the Conventions.  For example, a stateless person is defined in its nationality laws and stateless persons are issued with a residence card. Furthermore, some children of stateless parents are able to obtain Kyrgyz citizenship.

 

Implement a statelessness determination procedure

A statelessness determination procedure (SDP) is an implicit obligation under the 1954 Convention since state parties need to know who is stateless.  When countries do not put in place such procedures, it can be difficult to determine who is stateless and in need of protection.  The latest UNHC guidance for what constitutes a good statelessness determination procedure can be found here.

Following the High-Level Segment on Statelessness in October 2019, as many as 21 states have pledged to establish SDPs by 2024 ¹⁰.  To date, France, Italy, Spain, Latvia, Hungary, Mexico, Moldova, Georgia, Philippines, UK, Slovakia and Turkey have established some form of determination procedure.  Some of those countries have entrenched their SDP in legislation. Most recently, Côte d’Ivoire was the first on the African continent to have an SDP ¹¹. I have written about the benefits, both for stateless individuals and for states, of having an SDP here and here.

 

Provide identity documents

Ongoing efforts to end statelessness must be equal to the challenge of ensuring birth certificates are issued to all children, even those born in rural areas that may lack efficient government services ¹².  I have written before about the importance of birth registration to prevent statelessness and to ensure access to basic human rights and key public services.

The Kyrgyz Republic recognises the importance of maintaining statelessness levels at 0 by working hard to ensure everyone is documented.  Ongoing efforts to create the right conditions to reduce statelessness have resulted in birth registration of children under 5 rising to 99% ¹³.  And the Kyrgyz Republic is not alone in focusing on this issue.  Liberia recently announced a programme to provide children with birth certificates as part of the fight to end statelessness ¹⁴.  Turkmenistan too is stepping up efforts to introduce universal birth registration ¹⁵.

 

Avoid discriminatory nationality laws

Discriminatory nationality laws can result in statelessness. There are 50 states in the world that still deny women equal rights with men to acquire, change or retain their nationality and to confer nationality on their non-national spouses.  26 states in the world have provisions which prevent women from passing on their nationality to their child.  Children in those states are at risk of statelessness where the father of the child is not a national of that state or is himself stateless.  As the mother cannot pass on her nationality, the child is also left without a nationality.

I have written about the consequences of having discriminatory national laws in the context of Nepal and Lebanon.  Both countries are examples of states that need to review and amend their nationality laws, in contrast to Iran’s government, which has recently voted to make the necessary amendments.

 

Allow stateless people to obtain residence permits as an identity document and as a route towards citizenship

This piece from the excellent statelessness.eu blog explains very well the protection gaps for stateless people and how this precludes access to rights under the 1954 Convention, including the right to work, social allowances and social security, education and housing ¹⁶.

Progress in this area is piecemeal, with some states accepting that they need to change domestic laws in order to ensure that stateless people do not lack access to basic rights.  Tajikistan, for example, has recently adopted a new law which allows stateless people and others with complex circumstances who came to Tajikistan before 2016 to apply for a residence permit.  After three years of living with the residence permit, stateless individuals can apply for citizenship ¹⁷.

 

Simple

States can choose to follow in the footsteps of the Kyrgyz Republic and eradicate statelessness within their borders.  Accession to the Statelessness Conventions is key.  As is having a procedure to determine who is stateless.  Providing identity documents and, even better, a residence permit can form part of that determination procedure and are the first stage towards citizenship of the host state.  Nationality laws that do not add to the problem through discriminatory provisions can bolster efforts.

All of those are important and advisable for tackling the issue and providing protection for stateless individuals.  I mention them in this blog because they make the task easier and provide a framework for ongoing efforts.  But in the end, what made the difference in the Kyrgyz Republic was political will, concerted action and granting citizenship to stateless residents.  It’s not quite like waving a magic wand.  But it can be done.  And, as Azizbek Ashurov told us, it could be “simple”.