Date of publication:

07/07/2025

Kyrgyzstan

Please describe the institutions at the national and sub-national (central and local) levels responsible for implementing laws and policies related to the rights of forcibly displaced persons. 

ANALYSIS

In the Kyrgyz Republic, the implementation of legislation concerning the rights of refugees is carried out by the listed administrative bodies.

  1. Cabinet of Ministers of the Kyrgyz Republic. As the highest executive body, the Cabinet of Ministers is responsible for implementing state policy, including migration and refugee rights, in accordance with Article 91 of the Constitution of the Kyrgyz Republic of May 5, 2021 № and relevant legislation. The Cabinet coordinates the activities of ministries and state agencies involved in refugee protection and ensures compliance with international obligations. In accordance with Article 4 of the Law on Refugees of March 25, 2002, No. 44, the Cabinet of Ministers of the Kyrgyz Republic determines the procedure for interaction between state bodies in the event of a mass arrival of persons applying for recognition as refugees, establishes the form of a certificate of registration of an application for recognition of a person as a refugee, determines the procedure for considering an application for refugee status.
  2. Courts of the Kyrgyz Republic

As follows from Article 61 of the Constitution of the Kyrgyz Republic adopted by referendum (national vote) April 11, 2021, everyone is guaranteed judicial protection of their rights and freedoms. In accordance with Article 6 of the Law on Refugees of March 25, 2002, No. 44, persons applying for refugee status and their family members have the right to judicial protection. If an individual is denied refugee status, this decision can be appealed in court (Article 9). Courts review cases related to the legal status of refugees, ensure compliance with national and international legal standards, and resolve disputes regarding asylum and migration issues.

  1. State Committee of the National Security of the Kyrgyz Republic. The Resolution of the Government of the Kyrgyz Republic "On approval of the Regulation on work with refugees in the Kyrgyz Republic" dated April 4, 2003 No. 188, namely paragraph 48, indicates that the authorized body or its territorial structures, upon the submission of the national security and internal affairs agencies, in cases where they identify circumstances stipulated by law and which are the basis for a person to lose refugee status in the Kyrgyz Republic, have the right to make a decision on the loss of refugee status in the Kyrgyz Republic. Committee is responsible for national security, including aspects of migration control. The Committee can submit data to the Ministry of Labor, Social Security and Migration (MLSSM) regarding cases that may lead to the loss of refugee status.

    3.1 Border Service under the State Committee of the National Security of the Kyrgyz Republic is response for the access to the territory under the Law of the Kyrgyz Republic. The border agency ensures the protection of the State Border of the Kyrgyz Republic in accordance with the legislation of the Kyrgyz Republic in the sphere of protection of the State Border (Articles 11, 12)

  2. General Prosecutor's Office of the Kyrgyz Republic. In accordance with the Law of the Kyrgyz Republic "On the Prosecutor's Office of the Kyrgyz Republic" of September 10, 2021 №114 No. 78, the General Prosecutor's Office supervises the enforcement of laws related to refugee rights, ensures compliance with human rights standards, and reviews complaints regarding violations of refugee rights.
  3. Ministry of Internal Affairs of the Kyrgyz Republic. The Law of the Kyrgyz Republic "On the Internal Affairs Bodies of the Kyrgyz Republic" dated January 11, 1994 No. 1360-XII in Article 8, paragraphs 10 and 11 names the following duties: to monitor compliance by foreign citizens, stateless persons, including refugees, with legislation in the area of ​​external migration; to implement the legislation of the Kyrgyz Republic on citizenship, external migration, entry and exit, on issues of the legal status of foreign citizens and stateless persons.

  4. Ministry of Justice of the Kyrgyz Republic according to the Resolution of the Government of the Kyrgyz Republic of March 5, 2021 №78 “On issues of the Ministry of Justice of the Kyrgyz Republic”, the Ministry is a state executive body that ensures the functions of developing and implementing state policy in the field of normative legal regulation, ensures the protection of human and civil rights and freedoms, analyzes the state and develops proposals for improving legislation, implements measures to ensure consistent and uniform law enforcement practices in the activities of government agencies, carries out work on the systematization and codification of legislation, conducts legal, human rights, anti-corruption and gender examinations of draft regulatory legal acts.

    6.1 Penitentiary Service under the Ministry of Justice of the Kyrgyz Republic on the base of the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of June 21, 2021 № 33 "On subordinate units of the Ministry of Justice of the Kyrgyz Republic", provides regulatory control in the established area of ​​activity. The Law on Refugees of March 25, 2002, No. 44 defines legal, economic and social guarantees for the protection of the rights of refugees. According to the article 6 law, a person applying for refugee status and his/her family members have the right to judicial protection. In the event of a refusal to recognize a person as a refugee in the Kyrgyz Republic (Article 9), the decision to refuse to recognize a person as a refugee may be appealed in court.

    6.2  Service for Legal Aid Under the Ministry of Justice on the base of the Resolution of the Cabinet of Ministers of the Kyrgyz Republic “On the Legal Aid Service under the Ministry of Justice of the Kyrgyz Republic“ of October 7, 2022 № 557 carries out the function of facilitating the receipt of advisory and legal assistance to citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees in the manner established by legislation in the field of state-guaranteed legal assistance. The Law “On state-guaranteed legal aid” of August 10, 2022 № 91 applies to citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees in need of state-guaranteed legal assistance (Article 1) and establishes that citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees have the right to receive legal advice (Article 4). Moreover, Article 13 confirms the right to receive qualified legal assistance in the field of criminal proceedings is provided to citizens of the Kyrgyz Republic, as well as foreign citizens, stateless persons, and refugees.

  5. Ministry of Labor, Social Security and Migration of the Kyrgyz Republic. The Resolution of the Cabinet of Ministers of the Kyrgyz Republic "On the issues of the Ministry of Labor, Social Security and Migration of the Kyrgyz Republic" dated November 15, 2021 No. 252 approved the Regulation of the Ministry, defining the Ministry as a state executive body that carries out functions for the development and implementation of state policy in the field of migration, including issues of victims of human trafficking. The Ministry develops and implements social assistance programs for refugees.
  6. Ministry of Education and Science of the Kyrgyz Republic, on the base of the Law of the Kyrgyz Republic "On Education" (Article 4) of August 11, 2023 №179, is responsible for implementing the right of children of asylum seekers to education and providing access to schools and educational institutions.
  7. Ministry of Health of the Kyrgyz Republic in accordance with The Law of the Kyrgyz Republic "On the Protection of Health of Citizens in the Kyrgyz Republic" of January 12, 2024 №14, provides medical care for refugees and the access to primary health care services.

  8. Ministry of Digital Development of the Kyrgyz Republic on the base of the Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated November 15, 2021 No. 257 “On some issues of the Ministry of Digital Development of the Kyrgyz Republic”, the Ministry is a state executive body responsible for population registration.

    10.2 The Department of Population Registration on the basis of the Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated November 15, 2021 No. 257 “On some issues of the Ministry of Digital Development of the Kyrgyz Republic” is a subordinate unit of the Ministry of Digital Development of the Kyrgyz Republic, carrying out activities in the field of state registration of the population and civil status acts, registration of documents on issues of acquiring citizenship of the Kyrgyz Republic and withdrawal from it, issuance to citizens of personalized, identifying and other documents of state significance.

  9. Ombudsman of the Kyrgyz Republic:

-Reviews complaints about violations of refugee rights.

-Monitors compliance with legislation regarding the protection of refugee rights.

-Local governments participate in the placement and provision of social assistance to refugees on the ground. Control issues of providing housing and access to education for refugee children.

These bodies work in coordination with international organizations, such as the Office of the United Nations High Commissioner for Refugees (UNHCR), to ensure that the rights and freedoms of refugees are respected in accordance with national legislation and international standards.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic "On the Internal Affairs Bodies of the Kyrgyz Republic"

    Legal provision

    Article 8 - Duties of the internal affairs bodies

    The internal affairs bodies (employees), within the limits of their competence, are obliged to: 10) monitor compliance by foreign citizens, stateless persons, including refugees, with the legislation in the sphere of external migration; 11) implement the legislation of the Kyrgyz Republic on citizenship, external migration, entry and exit, on issues of the legal status of foreign citizens and stateless persons.

    The Resolution of the Cabinet of Ministers "On subordinate units of the Ministry of Justice of the Kyrgyz Republic"

    Legal provision

    The Resolution of the Government On issues of the Ministry of Justice of the Kyrgyz Republic - Generic

    The Resolution of the Government On issues of the Ministry of Justice of the Kyrgyz Republic - Generic

    The Resolution of the Government On issues of the Ministry of Justice of the Kyrgyz Republic

    Legal provision

    The Resolution of the Cabinet of Ministers "On subordinate units of the Ministry of Justice of the Kyrgyz Republic" - Generic

    The Resolution of the Cabinet of Ministers "On subordinate units of the Ministry of Justice of the Kyrgyz Republic" - Generic

    The Resolution of the Cabinet of Ministers of the Kyrgyz Republic “On the Legal Aid Service under the Ministry of Justice of the Kyrgyz Republic“

    Legal provision

    The Resolution of the Cabinet of Ministers of the Kyrgyz Republic “On the Legal Aid Service under the Ministry of Justice of the Kyrgyz Republic“ - Generic

    The Resolution of the Cabinet of Ministers of the Kyrgyz Republic “On the Legal Aid Service under the Ministry of Justice of the Kyrgyz Republic“ - Generic

    The Resolution of the Cabinet of Ministers of the Kyrgyz Republic On the issues of the Ministry of Labor, Social Security and Migration of the Kyrgyz Republic

    Legal provision

    The Resolution of the Cabinet of Ministers of the Kyrgyz Republic "On the issues of the Ministry of Labor, Social Security and Migration of the Kyrgyz Republic" - Generic

    The Resolution of the Cabinet of Ministers of the Kyrgyz Republic "On the issues of the Ministry of Labor, Social Security and Migration of the Kyrgyz Republic" - Generic

    The Resolution “On some issues of the Ministry of Digital Development of the Kyrgyz Republic”

    Legal provision

    the Resolution of the Cabinet of Ministers of the Kyrgyz Republic “On some issues of the Ministry of Digital Development of the Kyrgyz Republic” - Generic

    the Resolution of the Cabinet of Ministers of the Kyrgyz Republic “On some issues of the Ministry of Digital Development of the Kyrgyz Republic” - Generic

    The Constitution of the Kyrgyz Republic

    Legal provision

    Article 61 - Guarantee of protection of rights and freedoms

    1. Everyone is guaranteed judicial protection of his rights and freedoms provided for by the Constitution, laws, international treaties to which the Kyrgyz Republic is a party, and generally recognized principles and norms of international law. 2. Everyone has the right to protect his rights and freedoms, as well as to ensure the restoration of violated rights by all available means not prohibited by law. 3. The state ensures the development of extra-judicial and pre-trial methods, forms and ways of protecting the rights and freedoms of man and citizen.

    Article 91 -Role of the Cabinet of Ministers

    1. The Cabinet of Ministers: 1) ensures the implementation of the Constitution and laws; 2) implements the main directions of the domestic and foreign policy of the state; 3) implements measures to ensure the rule of law, the rights and freedoms of citizens, the protection of public order, and the fight against crime; 4) ensures the implementation of measures to protect the sovereignty and territorial integrity of the state, the protection of the constitutional system, as well as measures to strengthen defense capability, national security and law and order; 5) ensures the implementation of financial, pricing, tariff, investment and tax policies; 6) develops the republican budget and ensures its implementation; 7) implements measures to ensure equal conditions for the development of all forms of ownership and their protection, management of state-owned objects; 8) ensures the implementation of a unified state policy in the socio-economic and cultural spheres; 9) develops and implements national programs of economic, social, scientific and technological, spiritual and cultural development; 10) ensures the implementation of foreign economic activity; 11) ensures effective interaction with civil society; 12) exercises other powers assigned to its jurisdiction by the Constitution and laws. 2. The organization and procedure for the activities of the Cabinet of Ministers shall be determined by constitutional law.

    The Law of the Kyrgyz Republic "On the Ombudsman"

    Legal provision

    The Law "On the Ombudsman" - Generic

    The Law "On the Ombudsman" - Generic

    The Law of the Kyrgyz Republic on Refugees

    Legal provision

    Article 4 - Procedure for applying for refugee status in the Kyrgyz Republic

    A person applying for refugee status must be given a real opportunity to submit such an application. To be recognized as a refugee in the Kyrgyz Republic on the grounds provided for in Article 1 of this Law, upon arrival he/she must apply in person or through his/her authorized representative with an application at the place of his/her stay: - at checkpoints across the state border - to the bodies implementing immigration control; - on the territory of the Kyrgyz Republic - to the Authorized Body. An application for refugee status received by the bodies implementing immigration control at checkpoints across the state border is transferred within ten working days from the date of receipt to the Authorized Body, which registers and carries out the procedure for determining refugee status. In the event of an emergency mass arrival of persons to the territory of the Kyrgyz Republic on the grounds provided for in Article 1 of this Law, the registration of said persons shall be carried out immediately. The procedure for interaction between state bodies in the event of a mass arrival of persons on the grounds provided for in Article 1 of this Law shall be determined by the Cabinet of Ministers of the Kyrgyz Republic.

    Article 6 - Rights and obligations of a person who has applied for recognition as a refugee

    A person applying for recognition as a refugee in the Kyrgyz Republic and his family members have the right to: - move freely throughout the territory of the Kyrgyz Republic, with the exception of areas closed to foreign citizens in accordance with the legislation of the Kyrgyz Republic; - reside in a place of temporary settlement and use public utilities; - use medical care; - to have the Kyrgyz Republic assist in obtaining information about relatives living in the country of citizenship; - to voluntarily return to the country of citizenship; - to leave for a place of residence in a foreign country; - to be provided with judicial protection; - to receive an education; - to receive the services of an interpreter; - to be exempt from paying expenses related to the consideration of an application for refugee status at all stages.

    Article 9 - The procedure for refusing to recognize a person as a refugee in the Kyrgyz Republic

    In case of refusal to recognize a person as a refugee, a copy of the decision is handed to him personally within three days from the date of the decision or a written notice is sent indicating the reasons for the refusal and the procedure for appealing the decision. The decision to refuse to recognize a person as a refugee may be appealed in court from the moment of receiving a copy of this decision in accordance with the procedure established by the legislation of the Kyrgyz Republic. The decision to refuse to recognize a person as a refugee is also sent to the relevant internal affairs agency to organize the departure from the territory of the Kyrgyz Republic of the person who received the refusal. In the event of an appeal against the decision to refuse to recognize a person as a refugee, the actions of the internal affairs agencies of the Kyrgyz Republic to organize the departure of this person from the territory of the Kyrgyz Republic are suspended until the final decision is made by the court. A person who has received a notice of refusal to recognize him as a refugee, and who does not exercise the right to appeal the decision to refuse to recognize a person as a refugee, is obliged to leave the territory of the Kyrgyz Republic together with members of his family within one month from the date of receipt of the notice of refusal, in the absence of other legal grounds for this person to stay on the territory of the Kyrgyz Republic.

    The Law of Kyrgyz Republic On Education

    Legal provision

    Article 4 - Right to education

    1. Everyone in the Kyrgyz Republic has the right to education regardless of gender, race, language, disability, ethnicity, religion, age, political or other beliefs, property or other status, as well as other circumstances. 2. Foreign citizens and stateless persons in the territory of the Kyrgyz Republic receive education in accordance with the legislation of the Kyrgyz Republic.

    Article 36 - Inclusive Education

    1. Inclusive education is aimed at ensuring equal opportunities without discrimination for all, taking into account the diversity of educational needs and individual capabilities, as well as difficult life situations. The principle of inclusive education applies at all levels of education and throughout life. In order to implement inclusive education, it is prohibited to recognize a child as incapable of education, as well as to use other methods of segregation of children.

    The Law On the State Border of the Kyrgyz Republic

    Legal provision

    Article 11 - Passage of persons, vehicles, cargo, goods and animals across the State Border

    1. Persons, vehicles, cargo, goods and animals are allowed to cross the State Border at established and open checkpoints in accordance with the legislation of the Kyrgyz Republic and international treaties that have entered into force in the manner prescribed by law and to which the Kyrgyz Republic is a party. 2. The list of checkpoints is approved by the Cabinet of Ministers of the Kyrgyz Republic. 3. The basis for allowing persons, vehicles, cargo, goods and animals to cross the State Border is the availability of valid documents for the right of entry of persons into the territory of the Kyrgyz Republic or their exit from the territory of the Kyrgyz Republic, documents for vehicles, cargo, goods and animals, as provided for by the legislation of the Kyrgyz Republic and international treaties that have entered into force in the manner prescribed by law and to which the Kyrgyz Republic is a party. 4. Foreign citizens and stateless persons who, in accordance with the legislation of the Kyrgyz Republic, are not allowed to enter the territory of the Kyrgyz Republic, as well as persons and vehicles in respect of whom a decision has been made in accordance with the procedure established by law to prohibit (restrict) exit from the Kyrgyz Republic, shall not be allowed to cross the State Border. 5. In accordance with international treaties that have entered into force in accordance with the procedure established by law, to which the Kyrgyz Republic is a party, a simplified procedure for crossing the State Border may be established. The passage of vehicles, cargo, goods and animals during simplified crossing of the State Border for commercial purposes is prohibited. The list of goods permitted for movement at simplified checkpoints both for entry and exit is determined in the manner established by the legislation of the Kyrgyz Republic. 6. Passage across the State Border is considered complete upon completion of the border control procedure and upon departure of a person, vehicle or removal of cargo, goods and animals beyond the State Border checkpoint.

    Article 12 - Movement of cargo, goods and animals across the State Border

    1. The movement of cargo, goods and animals across the State Border is carried out in places and in the manner established by the legislation of the Kyrgyz Republic and international treaties that have entered into force in the manner prescribed by law, to which the Kyrgyz Republic is a party. 2. The movement of cargo, goods, animals and vehicles that do not meet the requirements of environmental, radiation, sanitary and epidemiological, veterinary, phytosanitary and chemical safety established by the legislation of the Kyrgyz Republic and international treaties that have entered into force in accordance with the legislation of the Kyrgyz Republic, as well as any types of products and production waste, the free sale of which is prohibited in the Kyrgyz Republic, across the State Border is prohibited.

    Law of the Kyrgyz Republic On Legal Aid Guaranteed by the State

    Legal provision

    Article 1 - Purpose, subject of regulation and scope of application

    1. The purpose of this Law is to implement the rights of individuals to access justice, ensure a fair trial and create a more effective, fair, accountable and based on the rule of law and the protection of fundamental human rights, system of administration of justice. 2. The subject of regulation of this Law are public relations arising in connection with the provision of state-guaranteed legal aid. 3. This Law applies to citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees in need of state-guaranteed legal aid in the cases and in the manner stipulated by this Law, and defines the organizational and legal, socio-economic, financial, informational, control and other foundations of state-guaranteed legal aid, and also establishes the legal status and powers of the subordinate division of the authorized body for the coordination and implementation of policy in the field of state-guaranteed legal aid.

    Article 4 - System and types of state-guaranteed legal aid

    1. The system of state-guaranteed legal aid is a system for organizing the provision and rendering of state-guaranteed legal aid by state bodies, the Bar Association of the Kyrgyz Republic, local governments, other organizations and individuals in accordance with this Law. The procedure for their interaction is determined by the Cabinet of Ministers of the Kyrgyz Republic. 2. State-guaranteed legal aid is provided in the form of consultative and legal and qualified legal aid. 3. Consultative and legal aid - information on the legal system of the Kyrgyz Republic, the rights and obligations of legal entities, methods of implementing and using rights in court and out of court; consulting on legal issues; assistance in drafting legal documents; assistance in ensuring a person's access to qualified legal aid; other forms of assistance that do not fall under the definition of qualified legal aid. Citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees have the right to receive consultative and legal assistance. 4. Qualified legal assistance - professional activity of a lawyer in representing and/or protecting the legal rights and interests of persons in criminal, civil, administrative cases and in cases of offenses, in cases established by this Law at all stages of legal proceedings - at the expense of the state.

    Article 13 - Persons entitled to receive qualified legal assistance in the field of criminal proceedings

    1. The right to receive qualified legal assistance in the field of criminal proceedings is granted to citizens of the Kyrgyz Republic, as well as foreign citizens, stateless persons, and refugees. 2. Qualified legal assistance in a criminal case is provided to suspects, accused, convicted, acquitted persons, victims, witnesses under the age of eighteen, as well as persons brought to justice for committing an offense. 3. A suspect, accused, convicted, acquitted person, or victim is provided with qualified legal assistance provided that his or her income does not exceed 60 times the minimum wage annually established by the law on the republican budget, with the exception of cases stipulated by Part 4 of this article. The amount of income is calculated for a period of 12 months preceding the application for qualified legal assistance. 4. Without taking into account income, qualified legal assistance is provided to: 1) persons in cases of detention; 2) suspects, accused, convicted, acquitted of committing particularly serious crimes; 3) persons with disabilities of groups I and II; 4) persons suffering from mental illnesses; 5) veterans of the Great Patriotic War and persons equivalent to them; 6) children; 7) victims of domestic violence; 8) single persons raising a child/children; 9) conscripts; 10) elderly citizens living in state social residential institutions; 11) foreign citizens, stateless persons, refugees; 12) victims of human trafficking; 13) persons whose identity has not been established by criminal prosecution bodies; 14) in other cases stipulated by criminal procedure legislation. 5. Witnesses under the age of eighteen, as well as children, are provided with qualified legal assistance in criminal cases by lawyers who have specialized in children's cases.

    The Law of Kyrgyz Republic on the Protection of Citizens' Health

    Legal provision

    The Law on Health Protection of Citizens - Generic

    The Law on Health Protection of Citizens - Generic