Comment: Workshop to Review Existing Citizenship Legislation of Georgia and to Consider Proposals for Reform
11 - 12 October 2000, Tbilisi, Georgia

Carol A. Batchelor
Senior Legal Officer (Statelessness)
Department of International Protection
UNHCR, Headquarters, Geneva

Recently, an important issue was tabled for discussion by the Government of Georgia with representatives of the international community ... the issue of citizenship. Membership in a State concerns both governments and, equally, individuals as it is largely through the legal tie of citizenship that both States and individuals establish identity in the community of nations. All States have citizens, and all persons need and have a right to citizenship in a State. Yet, in order for these abstract legal concepts to have concrete meaning they require implementation through the national law and practice of each State. In Tbilisi in early October of 2000, consultations took place in a workshop jointly organised by the Government of Georgia, the Council of Europe, and UNHCR to review the existing citizenship legislation of Georgia and to consider proposals for reform. These open discussions and exchange of views set a positive foundation on which to review national structures in place within Georgia, as well as to reflect on Georgia's potential participation in regional and international instruments which facilitate the harmonisation of citizenship issues between States.

UNHCR has been requested by the United Nations General Assembly to cooperate with all States by providing technical and advisory services in the drafting and implementation of citizenship laws. The Office has been pleased to undertake such cooperation with States around the globe. Of particular concern to UNHCR is the avoidance and reduction of cases of statelessness. Two international instruments have been adopted which assist States in avoiding statelessness as well as in resolving cases and issues which may arise between States. The 1954 Convention relating to the Status of Stateless Persons ensures that all stateless persons have, at a minimum, a legal status allowing them to live in and contribute to society in a given State. The 1961 Convention on the Reduction of Statelessness provides guidance to States and to individuals on how to resolve cases of statelessness through the grant of citizenship when an individual has a particular link to a State. These instruments serve as an international reference point for harmonising approaches between States, and thereby reducing potential conflicts. They also further the right to citizenship for all persons, decreasing potential for unrest and displacement. The 1997 European Convention on Nationality drafted within the setting of the Council of Europe, provides another tool for harmonisation with reference to European practice, including the avoidance and reduction of statelessness. The cooperation between the Council of Europe and UNHCR in the field of citizenship derives from these mutual interests and principles as outlined in the Conventions. Many States have found participation in these instruments useful in addressing challenges faced in the field of citizenship today.

What might a State review and aim for in considering proposals for reform? Certainly the instruments mentioned above provide a good indicator to States of principles and practices aspired to by the international community as a whole. They reflect issues identified as of concern, challenges frequently faced by States, and the mechanisms most useful in addressing and resolving these challenges. Georgia, as a newly independent State coping with the legacy of the past and moving forward to face new prospects for the future, is not without significant challenges to address. The opportunity is ripe to review existing legislation and practice in the field of citizenship and to weigh out various proposals for reform in setting a constructive, clear and comprehensive path for the State and for citizens of the State. The meeting held in Tbilisi under the joint leadership of the Government of Georgia, the Council of Europe, and UNHCR promoted this dialogue to an international level in a spirit of cooperation, to consider important reforms for addressing current and future challenges.