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BIG GAINS an Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic

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BIG GAINS an Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic SMALL CHANGES – BIG GAINS An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic Bishkek 2010 Dear Reader, The Representation of the United Nations High Commissioner for Refugees (UNHCR) in Kyrgyzstan is pleased to present you with our second publication on the prevention and reduction of statelessness. It comes as part of a comprehensive national and regional pro- cess seeking to help Kyrgyzstan in managing citizenship problems in line with applicable international experiences, norms and models. In 2009, we published the results of fi eld surveys undertaken by civil society partners in 18 districts of Batken, Chui, Jalalabad and Osh provinces upon government’s request and with strong support from local authorities (A Place to Call Home: The Situation of Stateless People in the Kyrgyz Republic, UNHCR, Bishkek, September 2009). These surveys identi- fi ed some 13,000 stateless people, illustrated and analysed the causes and consequences of statelessness and even suggested possible solutions. In the summer of 2009, an inter-ministerial expert working group on citizenship and statelessness started to analyse the fi ndings of these surveys and other information to derive at concrete recommendations on how to advance the prevention and reduction of statelessness in the Kyrgyz Republic. On 22 September 2009, the Administration of the President and UNHCR co-chaired a High-Level Steering Meeting, which as its Concluding Statement adopted a National Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic. This ground-breaking National Action plan is at the heart of the present publication. Associate Professor of Law Chinara Musabekova presented an analysis to the Steering Committee, showing that accession to the 1954 Convention Relating to the Status of State- less Persons and the 1961 Convention on the Reduction of Statelessness would not require substantive changes to the legislation or practice of the Kyrgyz Republic. We are happy to herewith publish this expertise, as well as a comprehensive study on Statelessness in the Kyrgyz Republic commissioned by UNHCR’s Regional Project on the Development of a Strategy for the Prevention and Reduction of Statelessness in Central Asia. UNHCR’s regional process commenced with a Regional Conference on the Prevention and Reduction of Statelessness and the Protection of Stateless People, which we co- hosted with the OSCE on 9-10 December 2009 in Ashgabad, Turkmenistan. Having shared best practices in the identifi cation of stateless people, in solving citizenship problems and in preventing their occurrence, government offi cials, parliamentarians and civil society ex- perts who participated in this conference also presented a set of recommendations on how to address remaining problems and gaps related to statelessness in the nations of Central Asia. In 2010, together with our partners, we conducted participatory assessments among stateless people in Kyrgyzstan regarding their problems and needs. The summary results of these assessments - herewith published - shed light on the often dire situation of state- less people and underline the urgent need to improve their situation. The data, collected through sex, age and diversity sensitive methodology, clearly illustrates a worrying gender and age dimension of citizenship problems in Kyrgyzstan. Particularly affecting the most vulnerable segments of society, lack of citizenship or documents to prove it further increas- es the vulnerability of these women, children, and men within their families, communities and the nation as a whole. The tragic outbreak of violence in southern Kyrgyzstan in June 2010 both increased the number of people at risk of becoming stateless and led to a deterioration in the situation of others who had faced prior citizenship problems: the identity documents of thousands of people were lost or burnt, while many de-jure Kyrgyz nationals were left without a real opportunity to obtain new passports. In its emergency response the UN Refugee Agency quickly assisted in the creation of mobile registration groups in which offi cers of the pass- port and civil registration departments of the State Registration Services, together with civil society lawyers, assisted effected communities. By the end of 2010, such mobile teams had already helped over 900 people to restore identity documents. While UNHCR partners continue providing individual legal assistance to stateless people and those at risk of becoming stateless in villages or urban neighbourhoods, the implemen- tation of other important recommendations of the National Action Plan and the Regional Conference will require attention by the Parliament and the Government. We hope that this publication will assist Kyrgyzstan also in progressing in its accession to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Conven- tion on the Reduction of Statelessness. As the analyses demonstrate, and considering the Kyrgyz Republic’s comparatively advanced respective legislation and practice, this goal is in easy attainable. The 50th anniversary of the 1961 Convention, culminating in a Global Ministerial Meeting and Accession Pledging event in early December 2011 in Geneva, can promote the commencement, if not conclusion of accession. Stateless people, those at risk of becoming stateless and all women, children and men, who because of documentation problems cannot enjoy their rights and duties as humans and citizens, need attention and support. Clarifying and properly documenting their legal status is a fi rst and vital step to the solution of their problems. This publication contains a number of important observations and recommendations on how legislation and practice in Kyrgyzstan could be further improved to reach that aim. UNHCR remains strongly commit- ted to supporting this process. Hans Friedrich Schodder Representative of the UNHCR in the Kyrgyz Republic Table of Contents PART I. ACTION PLAN Concluding Statement of the High-Level Steering Meeting on the Reduction and Prevention of Statelessness in the Kyrgyz Republic ............................................... 6 Agenda of the High-Level Steering Meeting on the Reduction and Prevention of Statelessness in the Kyrgyz Republic ........................................................................ 7 Summary Overview of the Regional Conference on Prevention and Reduction of Statelessness and Protection of Stateless Persons in Central Asia (Ashgabat, 9-10 December 2009) .................................................................................. 8 PART II. ANALYSES AND STUDIES Results of Participatory Assessments Conducted by the UNHCR Among Stateless Persons Living in the Kyrgyz Republic ......................................................... 16 Comparative Analysis of Provisions in the 1961 Convention on the Reduction of Statelessness, the 1954 Convention Relating to the Status of Stateless Persons and Legislation of the Kyrgyz Republic Regulating Issues of Nationality and Statelessness (by Ms. Chynara Musabekova, Candidate of Law Science, Associate Professor) .................................................................................................... 18 Statelessness in the Kyrgyz Republic: Prevention, Reduction and Protection. Study Undertaken under Regional Project on Development of Comprehensive Strategy on Prevention and Reduction of Statelessness in Central Asia ..................... 46 Summary Conclusions of the Expert Meeting on the Concept of Stateless Persons under International Law (Prato, Italy, 27-28 May 2010) ................................................81 ANNEXES The Law of the Kyrgyz Republic On Сitizenship of the Kyrgyz Republic (entered into force May 21, 2007) ................................................................................92 Convention Relating to the Status of Stateless Persons (the “1954 Convention”) .....106 Convention on the Reduction of Statelessness (the “1961 Convention”) ....................116 LIST OF ACRONYMS ................................................................................................ 123 PART I. ACTION PLAN The UNHCR Representation in the Kyrgyz Republiс The Administration of the President of the Kyrgyz Republic Concluding Statement High-Level Steering Meeting on the Reduction and Prevention of Statelessness in the Kyrgyz Republic We, the participants, Understanding the signifi cance of citizenship as a main instrument for ensuring human rights and security, Confi rming the necessity to reduce cases of statelessness and take measures to pre- vent statelessness, Lauding the attention and efforts by the parliament, government, authorities, and civil society of the Kyrgyz Republic in identifying the causes of statelessness and in fulfi lling its obligations to prevent and reduce statelessness and to provide stateless persons with ac- cess to all their due rights and duties, Welcoming the support received for this efforts by UNHCR and other international orga- nizations on the local, national, regional and international level, Greeting the election of the Kyrgyz Republic as a member of the Human Rights Council; Have agreed to the following action plan: 1. To accelerate exchange of old 1974 standard Soviet passports by the Department of Passport and Visa Control of the Ministry of Interior of the Kyrgyz Republic (with support of UNHCR); 2. To bring relevant by-laws and instructions in compliance with the 2007 Law on Citi- zenship of the Kyrgyz Republic (the Parliament, Ministry of Interior and Ministry
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