Date of publication:

01/07/2026

Kyrgyzstan

Do domestic laws and policies provide for the exclusion from refugee status of persons who are not in need of international protection?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Stateless persons
Analysis

The legislation of the Kyrgyz Republic regulates issues of granting refugee status in accordance with the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees. 

According to the national Law "On Refugees" dated March 25, 2002, № 44, a refugee is a person who is not a citizen of the Kyrgyz Republic and has applied for refugee status. Such a person must be outside the country of his/her nationality or permanent residence due to a well-founded fear of becoming a victim of persecution on the grounds of race, religion, nationality, political opinion or membership in a particular social group. In addition, a person may fear persecution in the context of armed or interethnic conflicts and, due to these fears, cannot or does not wish to avail himself/herself of the protection of his/her country. This definition corresponds to Article 1A(2) of the Convention relating to the Status of Refugees, which confirms the compliance of the legislation with international standards. 

At the same time, the Law on Refugees of the Kyrgyz Republic defines the grounds on which a person cannot be recognized as a refugee. According to Article 5 of the national law, refugee status is not granted if there are serious reasons to believe that the person: 

- if there are serious reasons to believe that he/she has committed a crime against peace, a war crime or a crime against humanity; 

- if he/she has committed a serious or especially serious non-political crime outside the Kyrgyz Republic and before he/she was admitted to the Kyrgyz Republic as an asylum-seeker; 

- if he/she is guilty of committing acts contrary to the purposes and principles of the UN. 

These grounds are fully consistent with the provisions of Article 1F of the Refugee Convention, which establishes exceptions to international protection. The main purpose of such provisions is to prevent the granting of refugee status to persons guilty of committing serious crimes, as well as to protect the host country from the potential threat posed by such persons. 

The legislation of the Kyrgyz Republic also reflects the important principle of restrictive application of exceptional provisions. An exception is applied only if there are serious reasons to believe that the person has actually committed the specified acts. This is in line with international practice, where exceptions are applied only in strictly defined cases, the purpose being to exclude from international protection persons guilty of committing serious crimes and to ensure the protection of the state from persons posing a threat to national security. Thus, the domestic legislation of the Kyrgyz Republic complies with international standards in terms of defining the concept of a refugee and the grounds for exclusion from status. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic on Refugees

    Legal provision

    Article 5 - Grounds for Not Granting Refugee Status

    A person may not be recognized as a refugee in the Kyrgyz Republic on the following grounds: - if the person who has filed an application for refugee status does not have the grounds provided for in Article 1 of this Law; - if there are serious grounds to believe that he has committed a crime against peace, a war crime or a crime against humanity; - if he has committed a grave or especially grave non-political crime outside the Kyrgyz Republic and before he was admitted to the Kyrgyz Republic as an asylum seeker; - if he is guilty of committing acts contrary to the purposes and principles of the UN; - if he/she is a citizen of a third country whose protection he/she can avail himself/herself of, or has the right to reside in the territory of a third country on a legal basis, in the absence of any well-founded fear of becoming a victim of persecution in that third country on the grounds provided for in Article 1 of this Law; - if he/she has refugee status in another country or enjoys valid international protection of any country, or can return to that country and avail himself/herself of its protection. A person who is refused asylum in the Kyrgyz Republic on this basis must be protected from being returned to the country where he/she was persecuted; - if the person was previously refused recognition as a refugee in the territory of the Kyrgyz Republic due to the absence of circumstances provided for in Article 1 of this Law, provided that the situation in the country of nationality or permanent residence has not changed from the date of refusal to the time of filing the application.