11th Session of the Forum on Minority Issues
Item: “Statelessness resulting from conflicts, forced population movements and migration affecting
minorities: main challenges and possible solutions”
29 November 2018, 15:00-18:00
Palace of Nations, Geneva, Switzerland
Association of Lawyers of Russia
Dear Madame Chair,
Dear Participants of the Forum,
The issue of statelessness being considered today is very relevant, as the Special Rapporteur on Minority
Issues, Mr. Fernand de Varennes, correctly notes in his report. Important aspects related to statelessness
were also reflected in the reports of the previous Special Rapporteur, Madame Rita Izsak, who is chairing
today’s session.
From a legal perspective, the phenomenon of mass statelessness in modern-day Europe, in particular in
Latvia and Estonia, draws our attention. The institution of “non-citizens” in these countries was
introduced following the collapse of the USSR. Most “non-citizens” were former citizens of the USSR
living in the Latvian and Estonian union republics, and more than half of those belonging to this category
are ethnic Russians. Such a policy can be fully considered discriminatory. The political, labor, economic,
and social rights, and the right to freedom of movement and a number of family rights of “non-citizens”
in Latvia and Estonia are restricted.
While the Estonian government is taking certain measures to simplify procedures for the
obtainment of citizenship by children born in Estonia, in Latvia, all children whose parents are “noncitizens” automatically receive the status of “non-citizen” at birth, despite the fact that they are born on
Latvian territory.
The Russian-speaking minority in these countries require protection and a guarantee of their
basic rights and freedoms. Taking into account Russian experience and legislation related to the
provision of citizenship, we believe that it is important to adhere to the following principles in relation to
this issue:
-prevention of discriminatory policies in relation to the Russian-speaking minority in countries of
Europe;
-guarantee and provision of social and economic rights in relation to stateless people residing on
the territory of certain states on an equal basis with citizens of that state;
-ensuring the right of stateless people permanently residing in the relevant state to elect and be
elected to local administrative bodies and to participate in local referenda;
-simplifying procedures for obtaining citizenship by individuals with a “close link” to the relevant
state (work experience, education obtained in a certain state, birth on the territory of that state);
-special protections and guarantees of the right to citizenship of children whose parents are
foreign citizens or stateless people;
-taking into account all factors that resulted in a person becoming stateless (collapse of the
USSR, conflicts, parents are stateless, etc.).