UNHCR observations on the draft Amendments to the Citizenship Act

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UNHCR observations on the draft Act on Amendments to the Citizenship Act and Other Acts of Estonia (Kodakondsuse seaduse ja teiste seaduste muutmise seaduse eelnõu, 1-6/3301-1)

I. Introduction

1. The United Nations High Commissioner for Refugees (UNHCR) Representation for the Nordic and Baltic Countries appreciates the invitation to provide observations and recommendations on the proposed draft Act on Amendments to the Citizenship Act and Other Acts (the Bill).1 The Bill is aimed at resolving the situation of stateless children in Estonia, which the Ministry of the Interior shared with UNHCR on 19 November 2025. 2. UNHCR has a direct interest in this law proposal related to protection of statelessness persons and offers these comments pursuant to its mandate responsibilities to address statelessness.2 These responsibilities were initially limited to stateless persons, who were refugees as set out in paragraph 6(A)(II) of the UNHCR Statute3 and Article 1(A)(2) of the 1951 Convention relating to the Status of Refugees.4 The General Assembly has also entrusted UNHCR with a global mandate to provide protection to stateless persons worldwide and for preventing and reducing statelessness.5 3. UNHCR’s supervisory responsibility is exercised in part by the issuance of interpretative guidelines on the meaning of provisions and terms contained in international refugee instruments, in particular the 1951 Convention. With respect to statelessness, guidelines are included in the UNHCR Handbook on Protection of Stateless Persons,6 Guidelines on Statelessness No.4: Ensuring Every Child’s Right to Acquire a Nationality through Article 1-4 of the 1961 Convention on the Reduction of Statelessness7 and Guidelines No.5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness.8 These observations are also informed by UNHCR’s findings and recommendations in the 2016 Mapping

1 Ministry of the Interior of Estonia, Draft Act on Amendments to the Citizenship Act and Other Acts

(Kodakondsuse seaduse ja teiste seaduste muutmise seaduse eelnõu, 18/11/2025, No. 1-6/3301-1), 19.11.2025, https://eelnoud.valitsus.ee/main/mount/docList/659c2532-a7fc-4caa-a9a3-18350b3a151f#ETHCJcOu.

2 United Nations General Assembly (UNGA) Resolutions 3274 (XXIV) of 10 December 1974 and 31/36 of 30 November 1976 designate UNHCR as the body to examine the cases of persons who claim the benefit of the 1961 Convention on the Reduction of Statelessness and assist such persons in presenting their claims to the appropriate national authorities.

3 UNGA, Statute of the Office of the United Nations High Commissioner for Refugees, 14 December 1950, A/RES/428(V), https://www.refworld.org/docid/3ae6b3628.html (“the Statute”).

4 UNGA, Convention Relating to the Status of Refugees, 28 July 1951, United Nations Treaty Series, No. 2545, vol. 189, http://www.unhcr.org/refworld/docid/3be01b964.html.

5 UNGA Resolutions A/RES/49/169 of 23 December 1994, A/RES/50/152 of 21 December 1995, and A/RES/61/137 of 19 December 2006. The 1995 resolution endorses UNHCR’s Executive Committee Conclusion No. 78 (XLVI), Prevention and Reduction of Statelessness and the Protection of Stateless Persons, 20 October 1995, http://www.refworld.org/docid/3ae68c443f.html.

6 UNHCR, Handbook on Protection of Stateless Persons (UNHCR Handbook on Statelessness), 30 June 2014, https://www.refworld.org/policy/legalguidance/unhcr/2014/en/122573.

7 UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child's Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness (Guidelines on Statelessness No. 4), HCR/GS/12/04, 21 December 2012, https://www.refworld.org/policy/legalguidance/unhcr/2012/en/105120.

8 UNHCR, Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness, HCR/GS/20/05, May 2020, https://www.refworld.org/policy/legalguidance/unhcr/2020/en/123216.

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Statelessness in Estonia report,9 and the Good Practice Paper on Ensuring that No Child is Born Stateless.10

II. General observations 4. The Bill seeks to amend the current Citizenship Act of the Republic of Estonia (Citizenship Act).11 These amendments are based on the Government of Estonia’s Action Plan for 2025-2027, which provides that children born in Estonia will no longer be issued the so-called “grey passports.”12 The stated purpose of this Bill is to ensure every child born and residing with their parent(s) in Estonia can acquire Estonian citizenship.13 Following the adoption of these amendments, seven stateless children are expected to be granted Estonian citizenship as of 1 January 2027.14 5. UNHCR strongly supports this legislative initiative as a positive step toward ensuring that no child is born stateless in Estonia and affirming the right of every child, without any discrimination, to acquire a nationality. This reform offers an important opportunity to address the situation of all stateless children, who were born and are residing in Estonia (currently 44 children),15 and to strengthen the protection of children’s rights in compliance with Estonian’s international obligations. 6. UNHCR encourages a further review of the proposed amendments to ensure they effectively prevent and resolve statelessness among children in Estonia. By addressing this issue in a comprehensive manner, Estonia can close existing gaps and ensure that no child born in the country faces the risk of statelessness in the future. 7. In the specific observations below, UNHCR will focus on the naturalization of children who “would otherwise be stateless” and the loss and renunciation of Estonian citizenship.

9 Dr. Tatjana Evas, with research assistance by Ann Väljataga, Mapping Statelessness in Estonia, UNHCR,

2016, https://www.refworld.org/reference/countryrep/unhcr/2016/en/119592. 10 UNHCR, Good Practices Paper - Action 2: Ensuring that no child is born stateless, 20 March 2017,

https://www.refworld.org/policy/opguidance/unhcr/2017/en/121326. 11 Riigikogu, Citizenship Act, 19.01.1995, RT I 1995, 12, 122, in force from 06.07.2025,

https://www.riigiteataja.ee/en/eli/528072025002/consolide. 12 Estonian Reform Party and Estonian 200 Party Government Coalition, Coalition Agreement 2025-2027, 24

May 2025, https://valitsus.ee/valitsuse-eesmargid-ja-tegevused/valitsemise-alused/koalitsioonilepe-2025- 2027/sisejulgeolek: “59. Children born in Estonia will no longer be issued with grey passports. Deadline: Q1 2026.”

13 See note 1 above, Explanatory Memorandum, parts 1.3 and 2.1. 14 See note 1 above, Explanatory Memorandum, parts 3, 6.1.1 and 9. 15 Police and Border Guard Board, as of December 2025, in Estonia there are a total of 44 children with

undetermined citizenship: ages 0-4: three children; ages 5-9: five children, ages 10-14: 22 children; and ages 15-17: 14 persons.

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III. Specific observations Naturalization of children who “would otherwise be stateless” (§ 1(4)-(6) of the Bill)

8. The Bill seeks to amend §13(4) of the current Citizenship Act16 and introduce new provisions to allow the naturalization of stateless children. §1(4) of the Bill17 expands the eligibility for automatic acquisition of Estonian citizenship to children born in Estonia or who settled there immediately after birth. They will acquire Estonian citizenship if their parents are stateless and provided that one parent has had legal residence in Estonia for at least five years prior to the child’s birth and the other parent holds a valid residence permit. In cases of a single parent, the child will acquire citizenship if that parent has legally resided in Estonia for at least five years. 9. Furthermore, §1(5) of the Bill18 establishes an application-based pathway to citizenship for children under 15 who were either born in Estonia or settled there immediately after birth and who currently have permanent residence in the country. The proposed amendment allows stateless parents (including adoptive parents and “persons with undetermined citizenship”) to apply for Estonian citizenship for their child once the parents have completed five years of lawful residence in the country. 10. Finally, §1(6) of the Bill19 introduces an additional safeguard, stipulating that if legal or factual circumstances change during the application process, the rules in force at the time of submitting the application will continue to apply. For example, a child who reaches the age of 18 during the application process will still be treated as a minor for the purpose of acquiring citizenship. 11. UNHCR welcomes the proposed amendments, which are expected to resolve the situation of seven stateless children in Estonia.20 UNHCR notes, however, that the

16 See note 11 above, Citizenship Act: Ҥ13. Acquisition of Estonian citizenship as minor [..] (4) A minor under

15 years of age who was born in Estonia or who immediately after birth takes up permanent residence in Estonia together with their parent or parents is granted Estonian citizenship by naturalisation as of the moment of their birth, provided their parents or single parent whom no state recognises under valid laws as its citizen have or has lawfully resided in Estonia for at least five years by the moment of the child's birth.[..]”

17 See note 1 above, §1(4) of the Bill: “A minor who was born in Estonia or who settles permanently in Estonia with his or her parent or parents immediately after birth shall acquire Estonian citizenship by naturalisation from the moment of birth if the child's birth is: 1) one of his or her parents has legally resided in Estonia for at least five years and the other parent lives in

Estonia on the basis of a residence permit and no state considers his or her parents to be its citizen under the laws in force;

2) the parent raising the child alone has lived in Estonia legally for at least five years, and no state considers that parent a citizen under its valid laws.”

18 See note 1 above, §1(5) of the Bill: “(43) A minor under the age of 15 who was born in Estonia or who settles permanently in Estonia with his or her parent or parents immediately after birth and resides permanently in Estonia shall obtain Estonian citizenship by naturalisation if it is granted: 1) the application is made by parents who have legally resided in Estonia for at least five years at the time of submission of the application and who are not considered a citizen of any state under the laws in force; 2) an application is made by a parent or adoptive parent raising the person alone who has legally resided in Estonia for at least five years by the time of submission of the application and who is not considered a citizen of any country on the basis of the laws in force."

19 See note 1 above, §1(6) of the Bill: subsection 20 [of the Citizenship Act] is amended by adding subsection (4) in the following wording: “(4) If the legal or factual circumstances change during the course of the proceedings for the application for nationality, the rules in force at the time when the application for nationality is made shall apply. If a minor who has applied for citizenship attains the age of 18 during the proceedings for citizenship, he or she shall be deemed to have acquired citizenship as a minor.”

20 See note 1 above, Explanatory Memorandum, part 6.1.1 Social Impact.

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Bill does not address all cases of children who would otherwise be stateless in Estonia and may result in some children remaining at risk of statelessness. 12. In line with Article 7 of the Convention on the Rights of the Child (CRC), and established good practices, a child has the right to acquire a nationality at birth or as soon as possible thereafter.21 Article 2 of the CRC further establishes a general non- discrimination principle applicable to all substantive rights under the Convention, including Article 7, explicitly protecting children from discrimination based on the legal status of their parents or guardians.22 Thus, all children who would otherwise be stateless in Estonia, must acquire a nationality at birth or as soon as possible after birth.23 13. UNHCR notes that, although Estonia is not a Party to the 1961 Convention on the Reduction of Statelessness (1961 Convention), this instrument reflects international standards and customary law principles on preventing statelessness. Estonia’s nationality law should, therefore, include safeguards ensuring that every child born or residing in the country who would otherwise be stateless acquires a nationality, consistent with international human rights obligations, including under the CRC, and the object and purpose of the 1961 Convention.24 14. Further, under the 1961 Convention, lawful residence cannot be imposed as a condition for the acquisition of nationality by individuals, who would otherwise be stateless.25 While States, which operate an application-based procedure, may require a period of “habitual residence” for children who would otherwise be stateless, it does not imply a legal or formal residence requirement. The term “habitual residence” should be interpreted and considered as an on-going, stable and factual presence on the territory of the country.26 The period of such residence should be kept to the minimum

21 Convention on the Rights of the Child, Articles 2, 3, 7 and 8; see also note 7 above, Guidelines on

Statelessness No. 4, paragraph 11. 22 Article 2(1) of the CRC: “States Parties shall respect and ensure the rights set forth in the present Convention

to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.”

23 Convention on the Rights of the Child, Articles 2, 3, 7 and 8; see also note 7 above, Guidelines on Statelessness No. 4, paragraph 11.

24 Article 15(1) of the Universal Declaration of Human Rights, “Everyone has the right to a nationality.” Article 7 of the Convention on the Rights of the Child (CRC): 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right

to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and

their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.

Article 24 of the International Covenant on Civil and Political Rights: 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or

social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name. 3. Every child has the right to acquire a nationality. 25 See note 7 above, Guidelines on Statelessness No. 4, paragraph 41. 26 For example, the term is also used in the treaties prepared by the Hague Conferences on Private International

Law, the drafters of which have sought to harmonize its’ usage. The term is found also in Article 1A(2) of the 1951 Convention relating to the Status of Refugees and according to the Travaux Préparatoires of that treaty it refers to “the country in which [the stateless applicant] has resided and where he had suffered or fears he would suffer persecution if he returned”. UN Ad Hoc Committee on Refugees and Stateless Persons, Report of

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necessary.27 Additional conditions, including the duration and legality of the parents’ stay, may create obstacles that unnecessarily delay the acquisition of nationality for stateless children. 15. Furthermore, the proposed amendments do not address situations where one or both parents of children born in Estonia, possess a nationality but are unable to confer it onto their child. As stated above, even while Estonia has not acceded to the 1961 Convention, the standards set forth therein remain relevant. Under the 1961 Convention, a Contracting State shall grant its nationality to a child born in its territory who would otherwise be stateless. The term “would otherwise be stateless” refers to a child who has no nationality unless a State linked to the child, either through territorial birth or through a parent, confers one. 16. In order to determine whether a child would indeed “otherwise be stateless,” an assessment is required of whether the child has acquired nationality from their parents (jus sanguinis) or from their country of birth (jus soli). Children are stateless if their parents are stateless, and the country of birth does not grant nationality by birth. They may also be stateless if the country does not apply jus soli and the parents’ nationality cannot be passed on. Thus, the key question is whether the child lacks both the parents’ nationality and that of the country of birth - not whether the parents themselves are stateless.28 These questions are usually addressed in the context of a statelessness determination procedure, which is yet to be established in Estonia. 17. In the light of the above, the proposed amendments should focus on the child’s situation, in particular that the child was born in Estonia, resides in Estonia and does not hold the nationality of any other State. The situation of parent(s), including adoptive parent(s), should only be considered from the perspective of their inability to confer their nationality to their children. 18. UNHCR recommends that Estonia consider automatic citizenship for all children born in Estonia who would otherwise be stateless, regardless of their parent(s) legal status and length of stay in Estonia, consistent with its international human rights obligations, including under the CRC, to guarantee effective protection for all children and fully uphold their right to a nationality.

Loss and renunciation of Estonian citizenship (§ 1(9) and (10) of the Bill)

19. Pursuant to §1(9) of the Bill,29 the proposed amendment provides for the loss of Estonian citizenship in cases where an individual holds the citizenship of another state.

the Ad Hoc Committee on Statelessness and Related Persons (Lake Success), New York, 16 January to 16 February 1950), 17 February 1950, E/1618; E/AC.35/5, page 39, http://www.unhcr.org/refworld/docid/40aa15374.html. Please see also UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, paragraph 103; and Article 1 of the 2006 Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession and the Explanatory Report on that Convention, and Resolution (72)1 of the Council of Europe.

27 See note 7 above, Guidelines on Statelessness No. 4, paragraph 40. 28 See note 7 above, Guidelines on Statelessness No. 4, paragraph 18. 29 See note 1 above, §1(9) of the Bill: subsection 29(1) is amended after the word "in favour" by adding the

words "or if the person is a citizen of another state but is not released from Estonian citizenship."

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§1(10) of the Bill30 sets out the procedure for obtaining Estonian citizenship for children born before 1 January 2027, including the possibility for (adoptive) parent(s) to renounce the Estonian citizenship automatically obtained by the child if it is done before 1 January 2028. This provision will apply also to persons with undetermined citizenship. 20. UNHCR notes that according to §26(1) of the Citizenship Act the release from Estonian citizenship may be refused where this would result in statelessness.31 However, this safeguard is not explicitly referenced in the proposed amendments. Further, considering that this is a “may” clause, there is a possibility that the authorities allow for the withdrawal of Estonian citizenship or permit parents to renounce their child’s nationality. Moreover, the proposed amendments do not provide sufficient clarity regarding the procedural safeguards applicable in such cases. 21. UNHCR recommends that Estonia consider removing the provision that permits parent(s) to renounce their child’s automatically acquired Estonian nationality, unless it is clearly established in advance that the child already holds another nationality. To this end, explicit procedural guarantees ensuring the application of the necessary safeguards should be clearly set out and referenced in the legislation.

Facilitation of naturalization for persons with undetermined citizenship

22. While UNHCR acknowledges that “persons with undetermined citizenship” in Estonia, including children, generally enjoy socio-economic and residence rights comparable to those of Estonian citizens, some gaps remain. In particular, these individuals continue to be excluded from political participation and access to public service employment, and may in some cases experience limitations on freedom of movement due to the use of distinct travel documents (commonly referred to as “grey passport”). Most importantly, the continued lack of a nationality places them in a prolonged and precarious legal situation, undermining their full inclusion in society and their sense of belonging.

30 See note 1 above, §1(10) of the Bill: “the Act is amended by adding § 366 in the following wording:

§ 366. Obtaining Estonian citizenship for minors born before 1 January 2027 (1) A minor under the age of 15 who was born in Estonia or who settled permanently in Estonia with his or her parent or parents immediately after birth will receive Estonian citizenship by naturalisation as of 1 January 2027 if: 1) at least one of his or her parents or a parent raising the child alone, whom no state considers to be its citizen on the basis of the laws in force, has legally resided in Estonia for at least five years; 2) a minor under the age of 15 resides permanently in Estonia. (2) A minor specified in subsection (1) of this section shall not be granted Estonian citizenship if the conditions provided for in subsection (1) of this section are fulfilled if his or her parents or the parent raising the child alone submits an application to a government authority authorised by the Government of the Republic for the renunciation of the child's Estonian citizenship before 1 January 2028. (3) The definition of persons whom no State considers to be its citizen under the laws in force provided for in subsection (1) 1) of this section shall also include persons who were citizens of the USSR before 20 August 1991 and who have not been regarded as nationals by any other State under the laws in force."

31 See note 11 above, Citizenship Act, § 26. Restrictions on release from Estonian citizenship: Release from Estonian citizenship may be refused in the case: 1) the release will render the applicant stateless;[..].”

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23. Recent surveys indicating that nearly 80 per cent of persons with undetermined citizenship express an interest in acquiring Estonian citizenship further underscore the need for durable solutions.32 24. UNHCR, therefore, recommends that Estonia adopt the necessary legislative amendments to facilitate access to naturalization and enhance awareness-raising, with a view to resolving statelessness and ensuring the full enjoyment of rights in accordance with international and regional standards.

IV. Conclusion 25. UNHCR strongly supports this legislative initiative as a positive step toward ensuring that no child is born stateless in Estonia and affirming the right of every child, without any discrimination, to acquire a nationality. This reform offers an important opportunity to address the situation of all stateless children, who were born and are residing in Estonia and to strengthen the protection of children’s rights in compliance with Estonian’s international obligations. 26. Based on the above observations, UNHCR invites Estonia to consider the following amendments to the Proposal to ensure full compliance with its international legal obligations:

- Ensure that all children born in Estonia who would otherwise be stateless acquire Estonian citizenship automatically, without conditions to their parent(s) legal status or length of residence in the country.

- Remove the provision permitting parent(s) to renounce their child’s automatically acquired Estonian nationality, unless it is clearly established beforehand that the child already holds another nationality; and explicitly provide for procedural safeguards to prevent statelessness.

- Adopt the necessary legislative amendments to facilitate access to naturalization and enhance awareness-raising efforts with a view to resolving statelessness and promoting full and effective inclusion in society of persons with undetermined citizenship.

UNHCR 17 December 2025

32 Baltic Studies Institute: Kristjan Kaldur, Kirill Jurkov, Nastja Pertšjonok, Sarah Kruusmaa, Stateless residents

in Estonia: attitudes, identity, and obstacles to acquiring citizenship, 2025, available in Estonian: Maaratlemata-kodakondsusega-isikud-uuringuaruanne.pdf.