Date of publication:
01/07/2026
Kyrgyzstan
Do domestic laws and policies provide for the “inclusion criteria” in the 1951 Refugee Convention definition of a refugee, and, where applicable, broader regional definitions, or other definitions?
Assessment by population
Analysis
The definition of refugee status in international and national law is based on the need to protect individuals forced to leave their countries due to threats to their life, freedom and security. The 1951 Convention relating to the Status of Refugees establishes universal criteria for recognizing refugee status. According to its provisions, a refugee is a person who, due to a well-founded fear of becoming a victim of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality or permanent residence (for stateless persons) and is unable or unwilling to avail himself or herself of the protection of his or her country due to these fears.
This approach focuses on the individual fears of an individual related to threats emanating from the state or certain groups operating on its territory. The Convention is aimed at establishing common standards for international protection, creating a legal basis for granting asylum to individuals in a vulnerable situation.
At the same time, the Law of the Kyrgyz Republic on Refugees dated March 25, 2002, № 44, taking the provisions of the Convention as a basis, offers a broader definition of the term "refugee". According to the national legislation, a refugee is a person who is not a citizen of the Kyrgyz Republic, who is outside the country of his/her citizenship or permanent residence and has a well-founded fear of persecution on the grounds of race, religion, nationality, political opinion or membership in a particular social group. A special feature of this law is the inclusion of an additional criterion: a real danger of being persecuted in the context of armed or interethnic conflicts. Thus, the national legislation of the Kyrgyz Republic adapts international norms to regional and modern realities, expanding the grounds for recognizing refugee status. This approach takes into account not only individual persecution, but also mass displacement caused by military actions or conflicts, which makes protection more accessible to persons who find themselves in a situation of threat to their life and safety. By enshrining a broader list of grounds, the Law on Refugees of the Kyrgyz Republic ensures compliance with humanitarian principles, supports international obligations and strengthens the protection of human rights in the difficult conditions of regional and global challenges.
Related provisions of domestic law or policy
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 1 - Definition of a refugee
A refugee is a person who is not a citizen of the Kyrgyz Republic and who applies to the Kyrgyz Republic for recognition of himself as a refugee, who is outside the country of his citizenship or place of his permanent residence due to a well-founded fear of becoming a victim of persecution on the grounds of race, religion, nationality, political opinion, membership in a particular social group, as well as a real danger of being persecuted in armed and interethnic conflicts and who, due to such fears, cannot or does not wish to avail himself of the protection of his country.