Date of publication:

08/21/2025

Kyrgyzstan

Do domestic laws and policies provide access to primary education for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

Based on the analysis of the legislation of the Kyrgyz Republic in the field of education, as well as related regulatory legal acts, the following can be stated: 

According to Article 5 of the Law of the Kyrgyz Republic "On Education" of August 11, 2023 №179, the state guarantees the implementation of the right of citizens to education by creating conditions for obtaining free pre-school, primary, basic and secondary general education. Also, Article 8 states that free pre-school, primary, basic and secondary general education, basic vocational education in state and municipal educational organizations is one of the key principles of state policy, additionally, Article 27 specifies that primary general, basic general and secondary general education are compulsory levels of education for all citizens of the Kyrgyz Republic. The state undertakes to ensure the implementation of the right of citizens to receive free primary general, basic general and secondary general education at the level of the state educational standard. Thus, the legislation of the Kyrgyz Republic provides for compulsory and free primary general education for children, which applies to all children, including refugee children and asylum seekers located on the territory of the state, the right of the latter to access education is regulated by the Law "On Refugees" of March 25, 2002 №44 and the Regulation on Work with Refugees in the Kyrgyz Republic of April 04, 2003 № 188. 

Education is a priority strategic direction of the state policy of the Kyrgyz Republic, as it determines the foundations of sustainable development of society, national identity and competitiveness of the state on a global scale, which is aimed at ensuring the availability of education, which is confirmed by Articles 8 and 27 of the Law of the Kyrgyz Republic "On Education" of August 11, 2023 №179. 

The state takes measures to form a system for recording school-age children and creating conditions that exclude absenteeism and a high dropout rate, which is regulated by the Instruction on the procedure for recording children of school and preschool age, approved by the Decree of the Government of the Kyrgyz Republic of June 19, 2017 № 388. The Instruction defines a clear procedure for the implementation by local state administrations, aiyl okmotu and city mayors' offices of registration of all children aged 5-16 inclusive, subject to education at the general education level, as well as the mechanism of their interaction with general education organizations, territorial divisions of the authorized body for the protection of children, regional state bodies of education management, with the local state administration, aiyl okmotu, city mayor's office and other organizations in the process of registering children. 

Registration of children is carried out in order to implement the constitutional rights of citizens of the Kyrgyz Republic to education and to ensure basic general and secondary general education, to create the necessary conditions for rational planning of the contingent of students subject to admission to the first grade of general educational institutions, to identify children who do not study and to take measures for their education. 

According to which, the state is obliged to: 

- Organize registration of all children aged 5 to 16 years subject to education at the general education level, including compulsory primary education, both in rural areas and in cities. 

- Ensure the implementation of the right to education by identifying children who are not covered by the educational process and taking measures to return them to educational institutions. 

This procedure is implemented through the systematization of lists of children at the level of local state administrations, aiyl okmotu and city mayor's offices, which: 

- Conduct an annual registration of school-age children before the start of the school year. 

- Find out the reasons for students' absence and transfer data on absences to the relevant authorities. 

Moreover, the Instruction on the procedure for recording children of school and preschool age, approved by the Decree of the Government of the Kyrgyz Republic of June 19, 2017 № 388 provides for Attendance Control and work with families, so, according to paragraphs 8-17 of the Instruction: 

- Directors of educational institutions are required to monitor the attendance of students, clarify the reasons for absence, and in case of absences of more than 10 school days in a row, send materials to local authorities. 

- Social commissions, together with juvenile inspectors and social workers, take measures to return children to educational institutions. 

This mechanism helps prevent mass dropouts and also helps protect the rights of children to receive compulsory education. 

Taking into account the principle of equality before the law and compulsory education established by the state, the above provisions apply to all children in the territory of the Kyrgyz Republic, regardless of their citizenship or status. This ensures access of refugee children and asylum-seekers to compulsory and free education. Taking into account the above, the Laws and regulations of the Kyrgyz Republic fully comply with international requirements in terms of ensuring compulsory free primary education. Child registration and attendance monitoring are effective mechanisms to reduce dropout rates and ensure regular school attendance. The State fulfils its obligations to create conditions for education for all children, including the most vulnerable categories such as refugee and asylum-seeking children. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic on Refugees

    Legal provision

    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 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.

    The Law of Kyrgyz Republic On Education

    Legal provision

    Article 5 - State guarantees of the right to education

    The state guarantees the implementation, protection and defence of the right of citizens to education by: 1) creating an education system that meets the interests of the individual, society and the state, aimed at achieving quality education for everyone; 2) creating conditions for the implementation of the right of citizens to receive free pre-school, primary, basic and secondary general education, as well as primary vocational education within the framework of state educational standards; 3) creating conditions for everyone's access to secondary and higher vocational, as well as postgraduate vocational education; 4) creating equal opportunities, inclusive education and the inadmissibility of any manifestations of discrimination in obtaining education; 5) creating equal conditions for the development of various forms of education and types of educational organizations; 6) creating conditions for effective interaction between the state, local communities, participants in the educational process and civil society in matters of forming and implementing state policy in the field of education; 7) effective and targeted use of budgetary funds allocated for education; 8) creating conditions for the publication of textbooks, including textbooks published in Braille, teaching aids and methodological manuals (educational and methodological complexes and educational and didactic materials).

    Article 8 - Principles of state policy in the field of education

    1. Education is a priority strategic direction of the state policy of the Kyrgyz Republic. 2. State policy in the field of education is formed taking into account the rights and interests of citizens through the adoption of laws and regulatory legal acts, approval of national programs. 3. Education in the Kyrgyz Republic is based on the principles of democracy and humanistic values ​​of the people, world culture. 4. The main principles of the organization of education are: 1) equal rights of everyone to receive a quality education; 2) accessibility and quality of educational services provided by the education system for sustainable development; 3) creation of an education system that enables each student to be a useful member of society, to contribute to the development of a democratic and secular society, the development of which is based on scientific knowledge, mutual understanding, tolerance and peace between members of society; 4) mandatory receipt of primary, basic and secondary general education by everyone; 5) continuity and continuity of education; 6) free pre-school, primary, basic and secondary general education, basic vocational education in state and municipal educational organizations; 7) humanistic nature of education aimed at forming in students a scientific understanding of the world and a harmonious system of universal and national values; 8) secular nature of training, development and education in educational organizations; 9) independence of education from political and religious institutions; 10) unity, consistency and continuity of educational and upbringing processes; 11) increasing the responsibility and role of parents (legal representatives) of students; 12) diversity of educational organizations by types, kinds and forms of training, education, areas of activity and programs, forms of ownership; 13) development of digitalization of education to ensure transparency and accessibility of educational resources for all students, for integration with other information systems of the country, the use of new educational technologies, integration into the international educational space; 14) creation of an effective system for ensuring the quality of education at all levels; 15) achievement by graduates of educational organizations of expected learning outcomes aimed at the formation and acquisition of modern skills and competencies; 16) focus on the achievements of domestic, world science and advanced international experience; 17) academic freedom and academic honesty of educational organizations; 18) raising the status of a teaching staff, creating conditions for the growth of his professional level, developing professional associations of teaching staff; 19) development of export of educational services; 20) development of social partnership of an educational organization with all interested parties; 21) attraction, motivation and coordination of efforts of all interested parties in the development of the education system; 22) autonomy of educational organizations; 23) equal conditions for all educational organizations regardless of their form of ownership, inadmissibility of restricting competition in the field of education; 24) integrity of education, ensuring continuity and complementarity of all its levels; 25) achievement of quality education in accordance with the best international standards.

    Article 27 - Primary, Basic and Secondary General Education

    1. General education is implemented within the framework of successive educational programs of primary general, basic general and secondary general education. 2. Primary general, basic general and secondary general education are compulsory levels of education for all citizens of the Kyrgyz Republic. 3. The state ensures the implementation of the right of citizens to receive free primary general, basic general and secondary general education at the level of the state educational standard. 4. Admission of children to state and municipal general educational organizations is carried out in the manner determined by the Cabinet of Ministers. 5. Primary general education is aimed at developing the child's personality, functional literacy, communication skills in the state and official languages. 6. Basic general education is aimed at developing functional literacy in the student, modern competencies in educational and cognitive activities, cultural and value guidelines and the desire for self-education. Students who have completed the primary general education program are admitted to the educational program of basic general education. 7. Secondary general education is the final stage of general education and is aimed at applying acquired skills in everyday life, developing specialized abilities, interests of the student, specialized training, forming a choice of further professional development and career. Graduates of basic general education are admitted to the educational program of secondary general education. 8. Persons who have received basic general education, in case of unwillingness to continue their education in the secondary general education program, are required to study in the programs of primary vocational or secondary vocational education. The state creates conditions for continuing education in the programs of primary or secondary vocational education for persons who have received basic general education. 9. Taking into account the maximum permissible academic load, a five-day school week is established in general education organizations, regardless of the form of ownership. 10. The state promotes the creation of digital textbooks and teaching and methodological complexes. 11. For the purposes of early professional training of students, the state promotes the introduction of a system of specialized training in general education organizations. 12. The state promotes the participation of the Kyrgyz Republic in international studies on the assessment of educational achievements.