UNHCR looks to legislation to resolve statelessness in the United States

Statelessness in Kyrgyzstan

Two decades after the disintegration of the Soviet Union, thousands of people in former Soviet republics like Kyrgyzstan are still facing problems with citizenship. UNHCR has identified more than 20,000 stateless people in the Central Asian nation. These people are not considered as nationals under the laws of any country. While many in principle fall under the Kyrgyz citizenship law, they have not been confirmed as nationals under the existing procedures.

Most of the stateless people in Kyrgyzstan have lived there for many years, have close family links in the country and are culturally and socially well-integrated. But because they lack citizenship documents, these folk are often unable to do the things that most people take for granted, including registering a marriage or the birth of a child, travelling within Kyrgyzstan and overseas, receiving pensions or social allowances or owning property. The stateless are more vulnerable to economic hardship, prone to higher unemployment and do not enjoy full access to education and medical services.

Since independence in 1991, Kyrgyzstan has taken many positive steps to reduce and prevent statelessness. And UNHCR, under its statelessness mandate, has been assisting the country by providing advice on legislation and practices as well as giving technical assistance to those charged with solving citizenship problems. The refugee agency's NGO partners provide legal counselling to stateless people and assist them in their applications for citizenship.

However, statelessness in Kyrgyzstan is complex and thousands of people, mainly women and children, still face legal, administrative and financial hurdles when seeking to confirm or acquire citizenship. In 2009, with the encouragement of UNHCR, the government adopted a national action plan to prevent and reduce statelessness. In 2011, the refugee agency will help revise the plan and take concrete steps to implement it. A concerted effort by all stakeholders is needed so that statelessness does not become a lingering problem for future generations.

Statelessness in Viet Nam

Viet Nam's achievements in granting citizenship to thousands of stateless people over the last two years make the country a global leader in ending and preventing statelessness.

Left stateless after the 1975 collapse of the bloody Khmer Rouge regime in Cambodia, nearly 1,400 former Cambodian refugees received citizenship in Viet Nam in 2010, the culmination of five years of cooperation between the Office of the UN High Commissioner for Refugees and the Vietnamese government. Most of the former refugees have lived in Viet Nam since 1975, all speak Vietnamese and have integrated fully. Almost 1,000 more are on track to get their citizenship in the near future. With citizenship comes the all-important family registration book that governs all citizens' interactions with the government in Viet Nam, as well as a government identification card. These two documents allow the new citizens to purchase property, attend universities and get health insurance and pensions. The documents also allow them to do simple things they could not do before, such as own a motorbike.

Viet Nam also passed a law in 2009 to restore citizenship to Vietnamese women who became stateless in the land of their birth after they married foreign men, but divorced before getting foreign citizenship for them and their children.

UNHCR estimates that up to 12 million people around the world are currently stateless.

Statelessness among Brazilian Expats

Irina was born in 1998 in Switzerland, daughter of a Brazilian mother and her Swiss boyfriend. Soon afterwards, her mother Denise went to the Brazilian Consulate in Geneva to get a passport for Irina. She was shocked when consular officials told her that under a 1994 amendment to the constitution, children born overseas to Brazilians could not automatically gain citizenship. To make matters worse,the new-born child could not get the nationality of her father at birth either. Irina was issued with temporary travel documents and her mother was told she would need to sort out the problem in Brazil.

In the end, it took Denise two years to get her daughter a Brazilian birth certificate, and even then it was not regarded as proof of nationality by the authorities. Denise turned for help to a group called Brasileirinhos Apátridas (Stateless Young Brazilians), which was lobbying for a constitutional amendment to guarantee nationality for children born overseas with at least one Brazilian parent.

In 2007, Brazil's National Congress approved a constitutional amendment that dropped the requirement of residence in Brazil for receiving citizenship. In addition to benefitting Irina, the law helped an estimated 200,000 children, who would have otherwise been left stateless and without many of thebasic rights that citizens enjoy. Today, children born abroad to Brazilian parents automatically receive Brazilian nationality at birth.

"As a mother it was impossible to accept that my daughter wasn't considered Brazilian like me and her older brother, who was also born in Switzerland before the 1994 constitutional change," said Denise. "For me, the fact that my daughter would depend on a tourist visa to live in Brazil was an aberration."

Irina shares her mother's discomfort. "It's quite annoying when you feel you belong to a country and your parents only speak to you in that country's language, but you can't be recognized as a citizen of that country. It feels like they are stealing your childhood," the 12-year-old said.