CIS, Baltic States and Georgia: Nationality Legislation

 

1.   INTRODUCTION

This paper outlines regulations on the acquisition of nationality in the states that were formed following the dissolution of the USSR in December 1991. The focus is on the individual state requirements which must be met for the acquisition of nationality apart from having it bestowed by birth (jus sanguinis).

Specific issues addressed concern:

§        nationality legislation in effect;

§        procedures for acquiring nationality, especially concerning persons living on the territory of the new state at the time the new regulations came into effect;

§        regulations that exclude nationality or result in loss of nationality;

§        documentation; and

§        regulations on dual nationality.

Information is not currently available on the nationality regulations for all of the states of the former USSR. If information is lacking, or is not detailed, this is made clear in the text.

Among contentious issues in the new states are language and residence requirements necessary for the acquisition of nationality in Estonia, Lithuania and Latvia. Human rights groups and ethnic Russians living in the Baltic states view the laws as exclusive, rendering many long-term residents disenfranchised during an imposed naturalization period. Helsinki Watch states that the Latvian legislation on nationality violates several international human rights conventions, such as the Universal Declaration of Human Rights (Uncaptive Minds Winter 1991-92, 60).On the other hand, an expert writing on the new nationality laws in a Russian newspaper concludes that the regulations do not violate international practice concerning the rights of national minorities (Nezavisimaya Gazeta 3 Dec. 1991, 5). A similar opinion was expressed by the Secretary-General of the Council of Europe following a trip to the Baltic states in February 1992 (RFE/RL 28 Feb. 1992, 78).

Many states allow dual nationality when a bilateral treaty has been signed with another state. As of early April 1992, however, no such agreement had been found for any of the states under consideration. It should nonetheless be noted that many of the states explicitly recognize international treaties or conventions that regulate certain aspects of dual nationality. For example, although not explicitly stated in the domestic legislation, these states recognize that a person of another nationality does not have to change or surrender his or her nationality upon marriage to one of its nationals (Nezavisimaya Gazeta 3 Dec. 1991, 5).

Due to continuing political uncertainty and controversy over the legislation in certain states such as Estonia and Latvia, the conditions for the acquisition of nationality could change in the weeks and months ahead. In addition, because of the limited time period for observing the actual practice of implementing the legislation on nationality, the general statements made above are preliminary.

2.       STATES THAT HAVE PASSED LEGISLATION ON NATIONALITY SINCE AUGUST 1991

2.1             Belarus

2.1.0     General

Belarus's law on nationality, About the Citizenship of the Republic of Belarus, was adopted on 16 October 1991 and entered into force on 1 December 1991.

2.1.1         Acquisition, Loss and Renunciation of Nationality

Individuals who were permanent residents on the territory of Belarus on the day the law came into force are considered nationals of Belarus (About the Citizenship of the Republic of Belarus, Art. 2). Persons who have been residing abroad temporarily as a result of military service, employment, studies, or medical treatment are considered to be permanent residents (Supreme Soviet of the Republic of Belorussia, para. 3).

Other persons may acquire nationality once they have resided in Belarus for a minimum of seven years; agree to obey and respect the Constitution and the laws of Belarus; have a legitimate source of income in Belarus; and have knowledge of the official language "necessary for communication" (About the Citizenship, Art. 13; INTERFAX16 Oct. 1991; Moscow All-Union Radio 22 Oct. 1991; Nezavisimaya Gazeta 3 Dec. 1991, 5). These provisions must be met by all people who wish to acquire Belarussian nationality, with the following exceptions. The seven-year residence requirement does not have to be met by persons or their offspring who formerly resided in Belarus but left or were forced to leave before the law on nationality came into force, or by ethnic Belarussians as well as "persons who identify with the Belarussians" and their children born outside of Belarus (About the Citizenship, Art. 17).

An application for nationality must be accompanied by the following documents: a copy of a birth certificate; evidence of the length of residency in Belarus; and evidence of a source of income (Ibid., Art. 33). Applications should be reviewed by the competent authorities within one year. Subsequent applications by people seeking to acquire (or renew or renounce) nationality can be made only after one year from the date of the original application (Ibid., Art. 38).

Nationality of Belarus is lost when a person:

 acquires the nationality of another country and there are no provisions through international legal instruments for dual nationality;

 joins the military service or state administrative bodies in a foreign country; or

 falsifies information or presents forged documents at the time of application for nationality (Ibid., Art. 20).

A person must apply to renounce Belarussian nationality. Renunciation will not be accepted if the person has a criminal record, is serving a sentence for a crime, or owes taxes or other debts to the state (Ibid., Art. 19).

2.1.2       Documents

According to Article 7 of the law About the Citizenship of the Republic of Belarus, the passport will be the only legally recognized document to serve as proof of nationality. Until nationals are issued a Belarussian passport, they are to use the passport of the former USSR. New documents certifying nationality of Belarus will contain no indication of ethnicity or affiliation to a political party (Moscow All-Union Radio 22 Oct. 1991). As of April 1992, no Belarussian passports had been issued (Belarus Mission to the United Nations 13 Apr. 1992).

2.1.3   Dual Nationality

Dual nationality is possible only when provisions for such exist under international agreements (About the Citizenship, Art. 20.1; Moscow All-Union Radio 22 Oct. 1991; INTERFAX 16 Oct. 1991). Mention is also made in the law of the procedure to be followed by a national of another country with which Belarus has concluded an agreement preventing dual nationality (About the Citizenship, Art. 34). As of April 1992, Belarus had not signed any treaties on dual nationality (Belarus Mission to the United Nations 13 Apr. 1992).

2.2                Estonia

2.2.0     General

On 26 February 1992, the Estonian Parliament issued a decree which was the last step in reactivating the 1938 Law on Citizenship (BALTFAX 26 Feb. 1992). With the passing of the decree, new regulations for applying for Estonian nationality came into effect (Embassy of Canada 7 Mar. 1992).

2.2.1         Acquisition of Nationality

All persons who were Estonian nationals before 16 June 1940, as well as their direct descendants, are granted Estonian nationality (BBC Summary 28 Feb. 1992). Persons not belonging to this category, but who had resided in Estonia for at least two years before 30 March 1992, may apply for nationality. The law also sets out a one-year "trial" or "naturalization" period, during which applicants are to be tested on their knowledge of Estonian language, history and culture (Soviet Press Digest 27 Feb. 1992; BALTFAX 26 Feb. 1992; BBC Summary 28 Feb. 1992). The one-year period is regarded as a period of naturalization, during which time the applicant will not be granted nationality.

According to these regulations, about 40 percent of the total population (about 600,000 people, the majority of whom are Russian) will not be able to acquire Estonian nationality until at least 30 March 1993, and as such do not have the right to vote, be elected to public office, or own land (BALTFAX 28 Feb. 1992; Izvestiia 28 Feb. 1992). This situation is significant, as elections for the Estonian legislature are scheduled to be held within the next six months (Embassy of Canada 7 Mar. 1992).

In addition to passing examinations on Estonian language and history, the applicant must be 18 years of age (or have the consent of parents or guardians) and must formally renounce previous nationality (Izvestiia 28 Feb. 1992). As of April 1992, there was still no defined standard for the language requirement. The Estonian Supreme Council is pressing for a standard to be set in the near future (possibly by May 1992); the requirement may, however, be dropped altogether (Estonian Mission to the United Nations 10 Apr. 1992).

"Extenuating circumstances" exist in which the language and residence requirements do not apply, i.e., when the person is of Estonian nationality, has performed a special service for Estonia, is stateless and has lived permanently in Estonia for at least ten years, or is a foreigner and marries an Estonian national (Nezavisimaya Gazeta 3 Dec. 1991, 5).

The law prohibits the granting of nationality to persons who are in the armed services of foreign states, former staff members of the USSR KGB, recidivists, or persons having no legitimate form of income (BALTFAX 26 Feb. 1992; Izvestiia 28 Feb. 1992).

2.2.2                Documents

According to one report, Estonian nationals were to have been able to apply for passports by April 1992 (BBC Summary 14 Mar. 1992). Passports will cost the equivalent of US$10, payable in a convertible currency. In the interim, but for an unspecified period, Soviet documents will continue to be recognized (RFE/RL 17 Jan. 1992, 68).

Nationals of the former USSR who entered Estonia after 15 January 1992 and who have no legal basis for living in Estonia are issued one-month permits. Extensions may be granted by the Estonian Immigration Authority (RFE/RL 28 Feb. 1992, 81).

2.2.3          Dual Nationality

Dual nationality can be held by "post-World War II emigrés" from Estonia who hold nationality of another state and by a national of another state who marries an Estonian national. Otherwise, dual nationality is possible by bilateral treaty. As of April 1992, however, Estonia had no such agreements (Estonian Mission to the United Nations 10 Apr. 1992).

2.3                Kazakhstan

Kazakhstan adopted its Law on Citizenship on 20 December 1991. This law was scheduled to come into effect on 2 March 1992 (TASS 21 Dec. 1991; Radio Rossii Network 2 Mar. 1992). A text of the law has not been obtained, and according to one report, information on the specific requirements for obtaining nationality has not been published in the Kazakh, Russian or Western press (RFE/RL 10 Jan. 1992, 61).

According to general reports, the law is supposed to recognize the equality of all nationals regardless of social and property status, nationality, religion, political affiliation and other convictions (TASS 21 Dec. 1991). The law allows ethnic Kazakhs who currently live outside Kazakhstan to return to the land of their forefathers. Approximately three million Kazakhs are believed to reside outside Kazakhstan, many of whom are in the People's Republic of China and Mongolia. The law apparently does not recognize dual nationality (Radio Rossii Network 2 Mar. 1992).

2.4                Lithuania

2.4.0 General

Lithuania enacted nationality legislation in November 1989, but a new law on nationality came into force on 11 December 1991 (Human Rights Watch Dec. 1991; Supreme Council of the Republic of Lithuania 10 Dec. 1991). While the 1989 law effectively granted nationality to all people permanently residing in the republic, the new law provides automatic nationality only to a limited number of residents.

2.4.1                Acquisition, Exclusion and Renunciation of Nationality

According to Article 1 of the 1991 Citizenship Law, nationals of Lithuania are:

ò those persons, their children and descendants who were Lithuanian nationals until 15 June 1940, as long as they have not become the nationals of another country;

ò those persons, their children and descendants who were permanent residents of Lithuania from 9 January 1919 to 15 June 1940, who were residing in Lithuania on the day the 1991 law came into effect and who have not taken the nationality of another country;

ò persons who acquired Lithuanian nationality under the terms of the 1989 law;

ò or those who qualify for or have acquired nationality under the 1991 law (Citizenship Law 5 Dec. 1991).

Article 12 of the Citizenship Law sets out the conditions under which a person not granted automatic citizenship can acquire it through application. In order to qualify, persons must:

ò demonstrate that they can "speak and read in Lithuanian";

ò have been permanently resident in Lithuania "for the last ten years";

ò be employed or have a "permanent legal source of living" in Lithuania;

ò pass an examination "on the fundamentals" of the Lithuanian Constitution; and

ò be stateless, or lose or renounce their nationality upon acquiring Lithuanian nationality (Ibid.).

In addition, Article 12 stipulates that those qualifying under the above terms will only receive nationality "in accordance with the interests of the Republic of Lithuania" (Citizenship Law 5 Dec. 1991). A separate 10 December 1991 decision by the Supreme Council of Lithuania on the "Execution of Citizenship Law of the Republic of Lithuania" states that "persons, employed by Soviet military forces, illegally situated in Lithuania since June 15, 1940, by Soviet interior military, by Soviet intelligence and other judicial and repressive structures are not considered as permanently residing or employed in Lithuania" (Supreme Council 10 Dec. 1992).

According to Article 3 of the 1991 law, nationals of Lithuania "are entitled to all social, economic, political, and private rights and freedoms, proclaimed and guaranteed by the Constitution and Laws of the Republic of Lithuania and in international treaties signed by the Republic of Lithuania." Article 3 adds that all nationals have the right to vote, which is "guaranteed by Law." In late October 1991, the head of the "Legal Department of the Lithuanian parliament" was quoted as stating that non-Lithuanians would enjoy "almost unlimited" political and social rights but would not be allowed to vote or hold public office, nor would they be subject to compulsory military service (BALTFAX 22 Oct. 1991). According to Article 13 of the 1991 law, nationality is not to be granted to those who have "committed international crimes against humanity and carried out genocide," have engaged in "criminal activities against" the Lithuanian state, have been imprisoned in another country for an offence that would be a crime in Lithuania or have been convicted in Lithuania of a "premeditated offence which foresees imprisonment," are chronic narcotics, drug users, alcoholics, or "are carriers of extremely infectious diseases" (Citizenship Law 5 Dec. 1991).

2.4.2                Documents

According to a separate law on the "Validity of Citizenship Documents of the Republic of Lithuania and Supplement to Citizenship Law" passed by the Supreme Council on 10 December 1991, the "certificates of citizenship" issued under the 1989 law are to be valid until persons holding those certificates obtain a new Lithuanian passport, but no later than 1 July 1993 (Republic of Lithuania 10 Dec. 1991). According to a January 1992 report, the first 20 Lithuanian passports were issued to Lithuanian athletes participating in the Winter Olympics in France. Other nationals of Lithuania were to have begun receiving passports on 1 February 1992 (Izvestiia 8 Jan. 1992).

A separate government decree which took effect on 17 January 1992 stipulates that requests to enter and reside in Lithuania will cost US$200 or its equivalent for the processing of documents. The report does not indicate whether there are any exceptions or whether it applies to all requests (Radio Vilnius 11 Jan. 1992).

2.4.3            Dual Nationality

The 1991 law does not mention dual nationality. Information received in February 1992 indicates that the question is currently under official consideration (Consulate of Lithuania 7 Feb. 1992).

2.5       Russia

2.5.0      General

On 28 November 1991, the Russian legislature passed the RSFSR Law on the Citizenship of the RSFSR. The law entered into force on the date of its publication (Law on the Citizenship of the RSFSR, Art. 48). On 23 January 1992, the Russian Supreme Council voted to make editorial changes only to the law to take into account the dissolution of the USSR. On 6 February 1992, the law was published in Rossiiskaya Gazeta (Rossiiskaya Gazeta 6 Feb. 1992, 1). Information available at this time does not indicate whether or not the editorial amendments have been made to the November 1991 law.

2.5.1           Acquisition, Exclusion and Renunciation of Nationality

All persons resident in Russia on the day the law came into force are considered to be Russian nationals if they had not formally renounced their nationality (Law on the Citizenship, Art. 13). A person born in the USSR on or after 30 December 1922 and who lost his or her Soviet nationality can be a Russian national by birth if he or she was born on Russian territory or if at least one parent was a national of the USSR and domiciled in Russia at the time of the child's birth (Ibid., Art. 13). Those former Soviet nationals who lost their nationality as the result of a Soviet decree (such as Jews who emigrated to Israel or individuals stripped of their nationality and exiled) are now automatically considered to be Russian nationals, unless they submit an application to renounce Russian nationality (Ibid., Art. 20).

The following people are among those who can acquire nationality by registration:

ò those who are direct descendants of Russian nationals or whose spouse is a Russian national;

ò those who have at least one parent who was a Russian national at the time of birth;

ò those who were Soviet nationals living in another Soviet republic as of 1 September 1991, have not yet taken the nationality of that republic and who register within three years from the time the law came into force;

ò those who were stateless when the law came into force, have been resident in a former Soviet republic since 1 September 1991, and who indicate their desire to acquire Russian nationality within a year of the law coming into force(1); and

ò those who are foreign nationals or stateless people regardless of their place of residence, they or at least one of their direct descendants were Russian nationals (subjects) by birth, and who indicate a desire to acquire Russian nationality within one year of the law coming into force (Ibid., Art. 18).

Persons who do not fit the above categories are also able to apply for Russian nationality provided they are "capable" and 18 years of age. They can apply regardless of origin, race, nationality, sex, education, language, religion, and political beliefs (Ibid., Art. 19). In these cases, "the customary prerequisite for citizenship is three years of continuous residence(2) or a total of five years for foreign or stateless persons; for those regarded as refugees in accordance with the law of the RSFSR...this period is reduced by one-half" (Ibid., Art. 19). There are circumstances under which residence requirements may be reduced or cancelled, such as previous USSR nationality, adoption of a child who is a Russian national, high professional achievement, humanitarian service to the Russian people, or a need for refuge on Russian territory (Ibid., Art. 19).

Applications for nationality are reviewed within six months, and petitions within nine months (Ibid., Art. 41). If the deadline for filing an application pertaining to nationality is missed for valid reasons, the applicant may request an extension of the deadline.

Nationality is denied to people who are engaged in unconstitutional activities or who have been convicted of a crime under Russian law (Ibid., Art. 19). Nationality may be revoked if it was acquired under false pretences with false documents. The nationality of that person's spouse and children will not be revoked, however, unless it can be proven that they were aware of the falsification (Ibid., Art. 24).

A person may renounce Russian nationality, except in instances where that person has been conscripted for military or alternative service and has not finished serving, or where that person is a defendant in a criminal case or has been convicted of a crime (Ibid., Art. 23).

2.5.2       Documents

The November 1991 law states that Russian nationals are to be issued a "citizen identification card" by the internal affairs office, or by a diplomatic mission or consulate of Russia, while persons without any nationality domiciled in Russia are issued stateless persons' residence permits by the Ministry of Internal Affairs (Ibid., Art. 44). A subsequent report, however, indicates that "passports," valid for both internal use and exit and entry, are to be designed and approved by the end of 1992. The replacement of old documents with the new passport is expected to take from three to five years. Passports are to be available for people 15 years of age and over (Rossiiskaya Gazeta 11 Jan. 1992). The registration of Russian nationals and issuance of relevant documents was to have begun on 1 March 1992 (Law on the Citizenship, Art. 50).

2.5.3 Dual Nationality

A Russian national may, at his or her request, hold the nationality of another state under the terms of any future bilateral agreements (Ibid., Art. 3). Dual nationality in no way limits the rights, obligations and responsibilities of the Russian national (Ibid., Art. 3).

2.6            Ukraine

2.6.0    General

On 8 October 1991, the Ukrainian parliament adopted the Law On Ukrainian Citizenship, making all residents of Ukraine nationals of an independent Ukraine. Through a decree adopted by the parliament on the same day, the law was to enter into force on the date of its publication. The law was published on 14 November 1991 (Pravda Ukrainy 14 Nov. 1991).

2.6.1 Acquisition, Exclusion and Renunciation of Nationality

Nationality of Ukraine is acquired through birth and by origin. A person may adopt Ukrainian nationality if the conditions as provided for in the law are met, and a person can have Ukrainian nationality restored.

Persons who had been living (no period specified) in Ukraine at the moment the law entered into force are considered to hold Ukrainian nationality. There are no barriers because of origin, social and property position, racial or national affiliation, sex, education, language, political views, religious convictions, or type and nature of occupation. Persons who were not in Ukraine at the time the law came into effect, but who were working on behalf of the Ukrainian state, may also become nationals so long as they were born on its territory or can prove that they had been residing permanently on its territory. They must express their desire to become nationals no later than one year after the law came into effect. In these cases, persons automatically acquire nationality so long as they are not nationals of another state and have not spoken out against acquiring Ukrainian nationality (Art. 2).

Persons who were previously nationals of Ukraine may, at their own request, have Ukrainian nationality restored (Art. 18). Foreign nationals and stateless persons may, at their own request, acquire nationality if they:

ò renounce foreign nationality;

ò have permanently resided on the territory of Ukraine for the previous five years(3) and have a legal source of income;

ò know the Ukrainian language "at a level adequate for normal dealings"; and

ò recognize and obey the Constitution of Ukraine (Art. 17).

These requirements may be waived by the President of Ukraine in exceptional cases where a person has rendered outstanding service to the Ukrainian state (Art. 17).

People who have committed crimes against humanity or the Ukrainian state, or who have been imprisoned for serious crimes, are denied nationality (Art. 17). A person loses Ukrainian nationality upon entering the military or security service or bodies of state administration in a foreign state without the agreement of Ukrainian authorities. Nationality is also lost if documents had been deliberately falsified or if a person outside Ukraine had not contacted a consulate for more than five years (Art. 21).

The law allows for renunciation of nationality at a national's own request. Renunciation may be refused if the person submitting the request has failed to meet obligations to the state, other nationals or public associations, or is a defendant in a court case (Art. 20).

2.6.2                Documents

According to Article 5 of the law, "the documents that substantiate citizenship of Ukraine are the passport, the military service record book for servicemen, and the attestation of parents for persons under the age of 16 years" (Art. 5). Ukraine is currently preparing to issue passports (Mayak Radio Network 3 Mar. 1992). During the time that procedures for the issuance of passports and birth certificates are being confirmed by the legislature, however, existing (Soviet) documents will remain valid (Decree of the Ukrainian Supreme Soviet).

2.6.3        Dual Nationality

Dual nationality is permitted on the basis of bilateral international treaties (Art. 1). At the time of the adoption of the law (8 October 1991), Ukraine did not have any bilateral agreements with other states (Komsomolskaya Pravda 10 Oct. 1991).

3.              STATES THAT HAD PASSED A NEW NATIONALITY LAW BEFORE AUGUST 1991

Azerbaijan, Georgia, Kyrgyzstan and Moldova had passed new laws on nationality before August 1991. One report indicates that the Georgian and Moldovan laws are similar to the 1989 Lithuanian Law on Citizenship (Nezavisimaya Gazeta 3 Dec. 1991, 5). No information has been found to suggest that these laws have been amended.

3.1                Georgia

To acquire nationality in Georgia, applicants must: show knowledge of the Georgian language and the native language of the region that is designated for residence; have been resident for a minimum period of ten years; have a permanent job, legal source of income, or own property; and show knowledge of the Constitution of Georgia and history of the state. The requirement for permanent residence is reduced to three years in cases where a person applying for nationality is married to a Georgian national (Ibid.).

A person loses nationality if he or she has been permanently outside the state, has not registered at a consulate for a period of five years, and cannot give a valid reason for not doing so. There is no mention in the law regarding the possibility for dual nationality (Nezavisimaya Gazeta 3 Dec. 1991, 5).

3.2 Moldova

Applicants for Moldovan nationality must be 18 years of age, have resided permanently in Moldova for ten years, have knowledge of the language and Constitution of Moldova, have a legal source of income in the republic, show proof of their devotion to the Moldovan state and people, and take an oath of allegiance. As in Georgia, if the applicant is married to a Moldovan national, the requirement for permanent residence is reduced to three years. Moldovan nationality can also be acquired through repatriation (Nezavisimaya Gazeta 3 Dec. 1991, 5). Moldova's Law on Citizenship does not recognize dual nationality (Ibid.).

According to a Reuters report, a Presidential decree of Moldova of 24 February 1992 states that "all the republic's residents would be offered Moldovan citizenship," and they must decide by 4 June 1992 whether to accept (RFE/RL 6 Mar. 1992, 73). Further information on this decree is currently unavailable.

3.3          Azerbaidjan and Kyrgyzstan

The nationality laws of Azerbaijan and Kyrgyzstan appear to be very similar. Apart from becoming a national by birth, there is little information available on acquiring nationality in these two states. The only prerequisite found is that the applicant must respect and abide by the laws of the state. In both cases, a person loses nationality if he or she has resided permanently outside of the state for five years and cannot provide a valid reason for not having contacted a consulate (Nezavisimaya Gazeta 3 Dec. 1991, 5).

In general, Azerbaijan and Kyrgyzstan do not recognize dual nationality, although before the dissolution of the USSR, nationals of either state could also be nationals of the USSR (Nezavisimaya Gazeta 3 Dec. 1991, 5).

4. STATES WHERE REGULATIONS ON NATIONALITY ARE UNKNOWN OR PENDING

4.1              Latvia

4.1.0       General

On 15 October 1991, the Latvian Supreme Council (legislature) adopted the resolution On the Restoration of the Rights of Citizens of the Republic of Latvia and Main Conditions for Naturalization. The preamble to this resolution confirms that despite the annexation of Latvia to the Soviet Union in June 1940, "the Latvian Law on Citizenship of 23 August 1919 continues to exist" (U.S. Department of Commerce - NTIS 18 Oct. 1991, 2).

While the wording of the resolution suggests that its provisions came into force on the date of adoption, the Latvian government subsequently indicated that this is not the case. On 22 January 1992, an official at the Embassy of Latvia in Washington, D.C. stated that the provisions of the resolution were not being implemented, while other reports indicate that a separate nationality law is being considered by the Latvian parliament (Embassy of Latvia 22 Jan. 1992; Consul General of Latvia 13 Jan. 1992; Los Angeles Times 24 Mar. 1992, 4).

4.1.1                Acquisition and Exclusion of Nationality

The October 1991 resolution establishes that no person is able to obtain nationality automatically (RFE/RL 1 Nov. 1991, 17-19; BALTFAX 16 Oct. 1991). Everyone who qualifies for Latvian nationality, or wishes to acquire it, must first go through a registration procedure. Passports are then issued separately according to procedures of the Latvian Council of Ministers.

Procedures for registration vary. Persons who were Latvian nationals on 17 June 1940 (and their descendants) residing in Latvia at the time the resolution was adopted (15 October 1991), are to register before 1 July 1992 (U.S. Department of Commerce - NTIS 18 Oct. 1991, 2, Art. 2.1). Persons who were nationals of Latvia on 17 June 1940 (and their descendants), who, on 15 October 1991, were living outside of Latvia or who are nationals of other states, may register for Latvian nationality at any time. People in these two groups will form "the existing community" of Latvian nationals (Ibid., Arts. 2 and 2.2).

There are separate conditions for naturalization. Persons who on 15 October 1991 had permanent residence status in Latvia, were not Latvian nationals, and had legally entered and permanently resided in Latvia on 17 June 1940, are to register before 1 July 1992; their descendants who also had permanent residence status in Latvia on 15 October 1991, should also register before 1 July 1992 (U.S. Department of Commerce - NTIS 18 Oct. 1991, 2, Art. 3.2).

The Latvian Supreme Council may also grant nationality to individuals "who have special merit standing with respect to Latvia" (Ibid., 2, Art. 3.1).

Other individuals who do not fit into the above categories may be granted Latvian nationality if they have a permanent residence permit and:

§ "have mastered the Latvian language to the extent of spoken usage";

§ have renounced previous nationality and obtained an expatriation
 permit;

§ have resided and held a permanent residence permit in Latvia for at
 least 16 years "as of the moment the present resolution takes effect";

§ have knowledge of the Constitution of Latvia; and

§ have taken the oath of nationality (U.S. Department of Commerce -
 NTIS 18 Oct. 1991, 2, Art. 3.4).

While no formal amendments have been made to the provisions for acquiring Latvian nationality, according to one recent report, the 16-year residence requirement is likely to be changed (Los Angeles Times 24 Mar. 1992, 4).

The guidelines list a number of cases where Latvian nationality will be denied. These include:

§ persons found guilty of having hindered efforts to restore Latvia's
 independence, or of crimes against humanity;

§ convicted criminals, defendants in criminal proceedings, registered drug addicts and persons without a legal source of income;

§ those convicted by a court of propagating "chauvinism, fascism, communism, or other totalitarian ideas, and ideas of a class dictatorship, and fuelling ethnic and race differences or enmity";

§ persons serving in the USSR Armed Forces and security services or who, on being discharged from these services, took up residence in Latvia after 17 June 1940; and

§ members of the Communist Party or Komsomol (Young Communist League) sent to Latvia after its annexation to the Soviet Union (Art. 3.5; RFE/RL 1 Nov. 1991, 17-19; BALTFAX 16 Oct. 1991).

4.1.2                Documents

The Latvian Supreme Council decided in early 1992 to begin the process of registering the total population with the exception of the military and their families, to determine who qualifies as a Latvian national, who wishes to acquire nationality, and which nationals of other states wish to continue to reside in Latvia. The process is expected to take approximately six months (Rossiiskaya Gazeta 13 Jan. 1992).

As of January 1992, Latvia had not issued any passports. Latvian residents travelling abroad will use their Soviet passport (Consul General of Latvia 13 Jan. 1992). According to one report, the residence permit is still valid and "it is envisaged" that it will be reviewed annually (Rossiiskaya Gazeta 13 Jan. 1992).

4.1.3   Dual Nationality

According to the October 1991 resolution, dual nationality is not allowed. On 27 November 1991, however, the Latvian Supreme Council voted to allow dual nationality for those Latvian residents and their descendants who were forced to leave Latvia and settle abroad between 17 June 1940 and 21 July 1991 (RFE/RL 6 Dec. 1991, 34; BALTFAX 27 Nov. 1991).

4.2                Other States

Little or no information on nationality has been found for the states of Armenia, Tajikistan, Turkmenistan and Uzbekistan. In late 1991, a draft nationality law was reportedly before the Armenian parliament at the first reading stage (Nezavisimaya Gazeta 3 Dec. 1991, 5). No further details on the progress of the law are available at this time. In Uzbekistan, a 14 January 1992 report noted that the Uzbek Supreme Soviet passed a law permitting Uzbeks who are nationals of other countries to apply for Uzbek nationality while keeping their current nationality (RFE/RL 24 Jan. 1992, 71). No other information on this law has been found. For Tajikistan and Turkmenistan, it is not known whether they have passed new citizenship legislation or whether the former nationality law of the USSR is still valid in these states.

5. REFERENCES

Belarus Mission to the United Nations, New York. 13 April 1992. Telephone Interview with Representative.

Citizenship Law, Republic of Lithuania. 5 December 1991. Translated by the Department of the Secretary of State of Canada.

Consul General of Latvia. 13 January 1992. Telephone Interview.

Consulate of Lithuania, Toronto. 7 February 1992. Telephone Interview with Secretary.

The East Express. 16 April 1991. No. 19. "Law on Citizenship" [Lithuania].

Embassy of Canada, Helsinki. 7 March 1992. "Citizenship Law: Estonia." Telex YZGR1118.

Embassy of Latvia, Washington. 22 January 1992. Telephone Interview with Representative.

Estonian Mission to the United Nations, New York. 10 April 1992. Interview with Counsellor.

Human Rights Watch. December 1991. Human Rights Watch World Report 1992. "Estonia, Latvia, and Lithuania." New York: Human Rights Watch, pp. 506-507.

INTERFAX [in English]. 16 October 1991. "Parliament Discusses Draft Citizenship Law." (FBIS-SOV-91-201 17 Oct. 1991, p. 76)

Izvestiia [Moscow, in Russian]. 28 February 1992. "Citizenship Law Will 'Escalate' Crisis." (FBIS-SOV-92-045 6 Mar. 1992, pp. 71-72)

Izvestiia. 15 January 1992. "Visas Required to Enter Country 15 Jan." (FBIS-SOV-92-014 22 Jan. 1992)

Izvestiia. 8 January 1992. "Nachinaetsa Vydacha Novykh pasportov Litovskykh Respubliki [Issuance of New Lithuanian Passports Has Begun]."

Komsomolskaya Pravda [Moscow, in Russian]. 10 October 1991. "Citizenship Law Adopted, Reviewed." (FBIS-SOV-91-197 10 Oct. 1991, p. 62)

Law on the Citizenship of the RSFSR. 28 November 1991. In Rossiiskaia Gazeta, 6 February 1992. (Unofficial translation)

Los Angeles Times. 24 March 1992. Tamara Jones. "Latvia Playing Russian Roulette; Courting Chaos, the New Baltic State May Strip More Than a Million of Their Citizenship," p. 4.

Mayak Radio Network [Moscow, in Russian]. 3 March 1992. "Russian Citizenship Law Effective As of 3 March." (FBIS-SOV-92-043 4 Mar. 1992)

Moscow All-Union Radio First Program Radio-1 Network [in Russian]. 22 October 1991. "Citizenship Eligibility Requirements Detailed." (FBIS-SOV-91-205 23 Oct. 1991, p. 61)

Nezavisimaya Gazeta. 3 December 1991. "Zakony o Grazhdanstve v Respublikakh [Laws on Citizenship in Republics]," p. 5.

Pravda Ukrainy [Kiev, in Russian]. 14 November 1991. "Law on Citizenship." (FBIS-SOV-91-062 30 December 1991)

Pravda Ukrainy. 14 November 1991a. "Decree of the Ukrainian Supreme Soviet on Procedure For Implementing the Ukrainian Law 'On Ukrainian Citizenship'." (FBIS-USR-91-062 30 Dec. 1991)

Pravda Ukrainy. 14 November 1991b. "Ukrainian Law 'On Ukrainian Citizenship'." (FBIS-USR-91-062 30 Dec. 1991)

Radio Free Europe/Radio Liberty (RFE/RL). 6 March 1992. RFE/RL Research Report [Munich]. Vol. 1, No. 10. "Weekly Review."

Radio Free Europe/Radio Liberty (RFE/RL). 28 February 1992. RFE/RL Research Report [Munich]. Vol. 1, No. 9. "Weekly Review."

Radio Free Europe/Radio Liberty (RFE/RL). 24 January 1992. RFE/RL Research Report [Munich]. Vol. 1, No. 4. Carla Thorson. "Weekly Record of Events."

Radio Free Europe/Radio Liberty (RFE/RL). 17 January 1992. RFE/RL Research Report [Munich]. Vol. 1, No. 3. Carla Thorson. "Weekly Record of Events."

Radio Free Europe/Radio Liberty (RFE/RL). 10 January 1992. RFE/RL Research Report [Munich]. Vol. 1, No. 2. Carla Thorson. "Weekly Record of Events."

Radio Free Europe/Radio Liberty (RFE/RL). 6 December 1991. Report on the USSR [Munich]. Vol. 3, No. 49. Carla Thorson. "Weekly Record of Events."

Radio Free Europe/Radio Liberty (RFE/RL). 1 November 1991. Report on the USSR [Munich]. Vol. 3, No. 44. Dzintra Bungs. "Latvia Adopts Guidelines for Citizenship."

Radio Rossii Network [Moscow, in Russian]. 2 March 1992. "Republic's Citizenship Law Effective 2 March." (FBIS-SOV-92-044 5 Mar 1992, p. 74)

Radio Vilnius [in English]. 11 January 1992. "Entry Request Charges Amended." (FBIS-SOV-92-012 17 Jan. 1992, p. 86)

Republic of Lithuania Law 10 December 1991. "Validity of Citizenship Documents of The Republic of Lithuania and Supplement to Citizenship Law."

Rossiiskaya Gazeta [Moscow, in Russian]. 13 January 1992. "Registration of Republic Inhabitants To Begin." (FBIS-SOV-92-012 17 Jan. 1992, p. 83)

Soviet Press Digest [Moscow]. 27 February 1992. Leonid Levitsky. "Estonia Divided Into Citizens and Aliens."

Supreme Council of the Republic of Lithuania. 10 December 1991. "Decision: Execution of Citizenship Law of the Republic of Lithuania."

Supreme Soviet of the Republic of Belorussia. Decision Concerning the Coming Into Force of the Law of the Republic of Belorussia 'On the Citizenship of the Republic of Belorussia'. 18 October 1991.

Telegraphic Agency of the Soviet Union (TASS) [Moscow, in English]. 21 December 1991. "Supreme Council Adopts Law." (FBIS-SOV-91-249 27 Dec. 1991, p. 67)

Telegraphic Agency of the Soviet Union (TASS) [Moscow, in English]. 31 October 1991. "Residents Have Two Days to Decide Citizenship." (FBIS-SOV-91-212 1 Nov. 1991)

Telegraphic Agency of the Soviet Union (TASS) [Moscow, in English]. 4 October 1991. "Law Bans Dual Citizenship." (FBIS-SOV-91-197 10 Oct. 1991, p. 49)

U.S. Department of Commerce - NTIS. 18 October 1991. "Latvian Citizenship Law of 15 October 1991" in Diena [in Russian], 18 October 1991.

Uncaptive Minds. Winter 1991-92. Alexei Grigorievs. "The Controversy Over Citizenship," pp. 57-60.

6.  NOTES

(1)Russia encourages stateless persons to acquire Russian citizenship, but does not prevent them from acquiring the citizenship of another state (Art. 7).

(2)Continuous residence is defined as spending no more than three months outside Russia for the purposes of education or medical treatment (Art. 19).

(3)This rule does not apply to persons who were born on Ukrainian territory, or where at least one of their parents, or grandparents was born on its territory, and who are not citizens of other states (Art. 17).