Date of publication:

08/21/2025

Kyrgyzstan

Do domestic laws and policies provide access to tertiary and other forms of post-secondary education for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The domestic legislation of the Kyrgyz Republic and state policy in education guarantee access to higher and post-secondary vocational education for foreign citizens, including asylum seekers and refugees. This approach aligns with key international standards, including the 1951 Refugee Convention, which requires states to provide refugees with access to higher and other forms of post-secondary education on equal terms with foreign nationals. 

Under Article 12 of the Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens" dated December 14, 1993, №1296-XII, foreign citizens have the right to education on equal terms with citizens of the Kyrgyz Republic, in accordance with the applicable legislation. This provision encompasses all levels of education, including primary, secondary, higher, and postgraduate vocational education. 

Similarly, refugees enjoy equal access to educational services. Article 13 of the Law of the Kyrgyz Republic "On Refugees" dated March 25, 2002, №44 explicitly states that refugees have the same rights as foreign citizens permanently residing in the country. Additionally, Article 6 of the same law guarantees the right to education for asylum seekers. Consequently, both asylum seekers and recognized refugees are entitled to access vocational education, including higher and post-secondary education, on the same terms as other foreign nationals. 

The state ensures the realization, protection, and defense of the right to education by establishing a system that meets the needs of individuals, society, and the state, aiming to provide quality education for all. This system creates conditions for universal access to secondary, higher, and postgraduate vocational education. 

According to Article 29 of the Law of the Kyrgyz Republic "On Education" dated August 11, 2023, №179, the national education system includes the following levels of vocational education: 

-Primary vocational education. 

-Secondary vocational education. 

-Higher vocational education. 

-Postgraduate vocational education. 

Access to these levels is governed by law, which outlines the admission process, training conditions, and fields of study, as determined by the Cabinet of Ministers of the Kyrgyz Republic. 

Articles 32 and 33 of the Law "On Education" specify that higher and postgraduate vocational education are designed to train specialists at various levels, including bachelor’s, master’s, and doctoral degrees (PhD or Candidate of Science). Access to these programs is regulated as follows: 

Admission is conducted on a competitive basis, including nationwide testing for applicants (Article 32, paragraph 2). 

Simplified procedures apply for individuals who have completed primary or secondary vocational education in a relevant field, allowing them to continue their studies without additional examinations (Article 32, paragraph 3). 

For foreign citizens and refugees, no additional restrictions apply when seeking admission to higher education institutions. Equal participation in educational programs is explicitly guaranteed under national legislation. 

An essential aspect of educational policy is ensuring equal access to educational resources. Article 5, paragraph 5 of the Law "On Education" requires educational institutions to provide accessible learning materials for individuals with disabilities, including foreign nationals and refugees with special educational needs. 

The education system of the Kyrgyz Republic also offers opportunities for additional education aimed at personal development in accordance with individual interests and inclinations. This is conducted outside the framework of formal education, as specified in Article 35 of the Law "On Education." 

The 1951 Refugee Convention mandates that refugees have access to higher and other forms of post-secondary education on equal terms with foreigners in the same circumstances. The legislation of the Kyrgyz Republic fully complies with this requirement, ensuring equal educational rights for foreign citizens, asylum seekers, and refugees. 

The legal framework of the Kyrgyz Republic guarantees equal access to vocational education for foreign nationals, including refugees and asylum seekers. This approach is consistent with both domestic legislation and the country's international obligations. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens"

    Legal provision

    Article 12 - Obtaining an education

    Foreign citizens have the right to receive an education equally with citizens of the Kyrgyz Republic in accordance with the procedure established by the legislation of the Kyrgyz Republic. Foreign citizens admitted to educational institutions of the Kyrgyz Republic have the rights and bear the obligations of pupils and students in accordance with the legislation of the Kyrgyz Republic.

    The Law of Kyrgyz Republic On Education

    Legal provision

    Article 29 - Professional Education

    1. Educational organizations implementing vocational education programs shall carry out their activities in the manner determined by the Cabinet of Ministers. Professional training shall be carried out in accordance with the national qualification system. 2. The following levels of vocational education shall be established in the Kyrgyz Republic: 1) primary vocational education; 2) secondary vocational education; 3) higher vocational education; 4) postgraduate higher vocational education. 3. In educational organizations of primary, secondary, and higher vocational education, it is permitted to create integrated educational organizations (training and production complexes, business incubators, start-ups, technology parks, including training and scientific production complexes, training and production plants, centers of excellence, enterprises based on workshops and laboratories) that carry out continuous vocational training, including on-the-job training. 4. Educational organizations of vocational education may be assigned a special status or the status of a research institute (university). The status is assigned by a decree of the President of the Kyrgyz Republic. The procedure for assigning and revoking the status is approved by the President of the Kyrgyz Republic. 5. Educational organizations implementing vocational education programs are required to provide access to teaching aids for students with disabilities by providing them free of charge in electronic format, on audio media or textbooks published in Braille. 6. Educational organizations assess the quality of vocational education through mechanisms for monitoring employment, income levels of their graduates, participation in ratings and accreditation results.

    Article 32 - Higher professional education

    1. Higher professional education is aimed at training, retraining bachelors, masters and specialists on the basis of secondary general, primary, secondary and higher vocational education and is aimed at acquiring professional knowledge, skills and developing social and personal competencies in accordance with the national qualifications system. Higher professional education programs are implemented by educational organizations of higher professional education. The master's training program can be implemented by research institutes of the National Academy of Sciences of the Kyrgyz Republic jointly with educational organizations of higher professional education of the Kyrgyz Republic. 2. Admission to educational organizations of higher professional education is carried out on a competitive basis based on the results of nationwide testing, which is conducted by non-governmental non-profit organizations specializing in independent assessment in the field of education. The threshold scores of the nationwide testing for admission to educational organizations of higher professional education are established annually by the authorized state body in the field of education. 3. Persons who have completed the program of primary and secondary vocational education have the right to continue their education in the profile in educational organizations of higher vocational education without passing the nationwide testing. 4. Persons who have completed their education in educational programs of higher vocational education are awarded a degree/qualification in the relevant area/specialty in accordance with the national qualifications framework. 5. Persons with secondary vocational education in the relevant profile, as well as persons with higher vocational education, can receive higher vocational education in accelerated educational programs. 6. The list of areas and specialties of higher vocational education, the standard terms for mastering educational programs, the form and procedure for their implementation are determined by the Cabinet of Ministers.

    Article 33 - Postgraduate professional education

    1. Postgraduate professional education is aimed at training scientific and scientific-pedagogical personnel with the assignment of academic degrees of Doctor of Philosophy (PhD)/doctor in the profile, candidate and doctor of science, as well as the implementation of specialized medical education programs (residency). 2. Training of scientific and scientific-pedagogical personnel, as a rule, is carried out through applicant programs, postgraduate studies (adjunct), doctoral studies and basic doctoral studies (PhD/in the profile), created in educational organizations of higher professional education and scientific institutions. 3. Academic degrees of candidate of science and doctor of science are awarded by the state certification body on the basis of a petition of the dissertation council, accepted based on the results of the public defense of the dissertation by the applicant. The academic degree of Doctor of Philosophy (PhD)/doctor in the profile is awarded in the manner established by the Cabinet of Ministers. 4. The procedure for organizing postgraduate professional education is determined by the legislation of the Kyrgyz Republic in the field of education. 5. The academic titles of senior research fellow, associate professor, professor are awarded by the state certification body based on the decision of the academic (scientific and technical) council of the educational organization of higher professional education (research institute) on the submission for awarding the academic title.

    The Law of the Kyrgyz Republic on Refugees

    Legal provision

    Article 13 - Rights and obligations of a refugee in the Kyrgyz Republic

    A person recognized as a refugee in the Kyrgyz Republic enjoys the same rights and bears the same obligations as foreign citizens permanently residing in the Kyrgyz Republic. A person recognized as a refugee in the Kyrgyz Republic shall also be granted the rights and obligations of a person applying for refugee status, as stipulated by Article 6 of this Law. A person recognized as a refugee in the Kyrgyz Republic and his family members shall have the right to: - reside for three months in a temporary settlement; - choose a settlement from among those proposed by the Authorized Body in which his relatives reside as their place of permanent residence, subject to their consent to cohabitation; - work for hire or engage in entrepreneurial activity in accordance with the legislation of the Kyrgyz Republic; - acquire real estate under the conditions established for foreign citizens and stateless persons by the legislation of the Kyrgyz Republic; - receive, with the assistance of the relevant state bodies of the Kyrgyz Republic, information about property left behind in the state of previous residence; - have the necessary documents proving his identity and travel documents; - to receive medical care on an equal basis with citizens of the Kyrgyz Republic; - to receive administrative assistance when applying to state bodies of the Kyrgyz Republic; - to mandatory registration of civil status acts and receipt of relevant documents.