Date of publication:
06/08/2025
Kyrgyzstan
Do domestic laws and policies provide the right of recourse to effective administrative or judicial remedies for forcibly displaced and stateless persons that are denied just and favorable conditions at work?
Assessment by population
Analysis
The laws and policies of the Kyrgyz Republic guarantee refugees legally in the country the protection of their rights and freedoms, including the possibility of going to court in case of their violation. The Constitution of the Kyrgyz Republic in Article 52 establishes that foreign citizens and stateless persons in the territory of the republic have the same rights and obligations as citizens of the Kyrgyz Republic, except for cases stipulated by laws or international treaties. This provision covers the right to judicial protection, confirmed in Article 61 of the Constitution, which guarantees everyone the right to protect their rights and freedoms in court. The state is also obliged to promote the development of extra-judicial and pre-trial methods of protecting rights, ensuring access to justice for all. The Constitutional Law of the Kyrgyz Republic "On the Supreme Court and Local Courts" dated November 15, 2021 № 134 in Article 3 enshrines the principle of equality of all before the law and the court, guarantees an impartial consideration of cases and the right of everyone to apply to a court of appropriate jurisdiction. This right extends not only to citizens of Kyrgyzstan, but also to refugees and stateless persons legally staying in Kyrgyzstan, allowing them to protect their rights and restore violated freedoms. The Law "On Refugees" of March 25, 2002, № 44 in Article 6 confirms refugees' right to judicial protection in the event of violation of their rights. In accordance with the international obligations of Kyrgyzstan, this Law prohibits discrimination on any grounds, including refugee status, and ensures equal treatment of all persons. Moreover, Article 12 of the Law establishes that decisions and actions of state authorities and administration bodies, local government bodies and officials that infringe on the rights of a refugee established by the legislation of Kyrgyzstan in the field of refugees may be appealed to the relevant state bodies or to the court. An important addition is contained in Article 20 of the Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens" dated December 14, 1993, № 1296-XII, according to which foreign citizens have the right to apply to the court and other state bodies for the protection of their personal, property, family and other rights. They exercise procedural rights in court on an equal basis with citizens of the Kyrgyz Republic. Additionally, Article 9 of the Labor Code from January 23, 2025 № 23, establishes that persons who believe that they have been discriminated against in the sphere of labor, including violence, harassment, persecution in the sphere of labor, have the right to apply to the court with a corresponding statement on the restoration of violated rights, compensation for material damage and compensation for moral damage. Thus, the national legislation of the Kyrgyz Republic does not contain provisions excluding the right of refugees to judicial protection.
Related provisions of domestic law or policy
The Constitution of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/en/17474?prevDestination=search&prevPath=/search?keywords=Constitution+of+the+Kyrgyz+Republic&sort=score&order=desc&result=result-17474-en
Legal provision
Article 24 - Non discrimination
1. The Kyrgyz Republic shall ensure the protection of the rights and freedoms of all persons within its territory and under its jurisdiction. No one shall be discriminated against on the basis of gender, race, language, disability, ethnicity, religion, age, political or other beliefs, education, origin, property or other status, or other circumstances. Persons who have committed discrimination shall be held accountable in accordance with the law. Special measures established by law and aimed at ensuring equal opportunities for various social groups in accordance with international obligations shall not constitute discrimination. 2. In the Kyrgyz Republic, everyone is equal before the law and the court. 3. In the Kyrgyz Republic, men and women have equal rights and freedoms and equal opportunities for their realization.
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.
The Constitutional Act on the Supreme Court of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/ru/150127
Legal provision
Article 3 - Principles of administration of justice
Principles of Administration of Justice 1. No one may be deprived of the right to have his case considered in the court to whose jurisdiction it is assigned by the laws of the Kyrgyz Republic, except for cases stipulated by law. 2. All are equal before the law and the court. The courts shall not give preference to any bodies, persons, parties to the proceedings on the basis of their state, social, sexual, racial, national, linguistic or political affiliation, or depending on their origin, property and official status, place of residence, place of birth, attitude to religion, beliefs, membership in public associations, as well as on other grounds not stipulated by law.
The Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens"
- Year: 1993
- Type: Domestic law
- Rights Category: Education, Freedom of movement, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1993/en/147104?prevDestination=search&prevPath=/search?keywords=On+the+Legal+Status+of+Foreign+Citizens&order=desc&page=1&sm_country_name%5B%5D=Kyrgyzstan&sort=score&result=result-147104-en
Legal provision
Article 20 - Protection of the rights of foreign citizens
Foreign citizens in the Kyrgyz Republic have the right to appeal to the court and other state bodies to protect their personal, property, family and other rights. They enjoy procedural rights in court on an equal basis with citizens of the Kyrgyz Republic.
The Law of the Kyrgyz Republic on Refugees
- Year: 2002
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2002/en/119852?prevDestination=search&prevPath=/search?keywords=Law+on+refugees&order=desc&page=1&sm_country_name%5B%5D=Kyrgyzstan&sort=score&result=result-119852-en
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 12 - Guarantees of the rights of a refugee
A refugee may not be returned against his will to the country he left for the reasons specified in Article 1 of this Law. This provision may not be applied to a refugee who is considered, for valid reasons, to be a threat to security or who has been convicted by a final court sentence for committing a particularly serious crime. Decisions and actions of state authorities and administration bodies, local government bodies and officials that infringe on the rights of a refugee established by the legislation of the Kyrgyz Republic in the field of refugees may be appealed to the relevant state bodies or to the court. A person seeking asylum and arriving from the territory of a state where his life and freedom were threatened may not be punished because of his illegal entry and stay in the territory of the Kyrgyz Republic, provided that he promptly appears before the relevant authorities and provides satisfactory explanations for his illegal entry or stay.
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.