Date of publication:

08/21/2025

Kyrgyzstan

Do domestic laws and policies provide mechanisms to identify unaccompanied and separated children?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Stateless persons
Analysis

Based on the provisions of the domestic legislation of the Kyrgyz Republic, in particular, Article 16 of the Law on Refugees of March 25, 2002, № 44, and paragraphs 22-23 of the Regulation on Work with Refugees approved by the Resolution of the Government of the Kyrgyz Republic dated 04 April 2003 № 188, it can be stated that the domestic legal norms provide for the identification of separated or unaccompanied children, and also take measures to establish their location and reunite them with their families. 

The legislation of the Kyrgyz Republic attaches particular importance to the protection of the rights and interests of unaccompanied minors. According to paragraph 22 of the Regulation on Work with Refugees, applications from such persons are considered taking into account their interests. The authorized body, together with UNHCR, takes measures to protect such children and assist in establishing the location of their parents or other family members. Thus, clear mechanisms are provided to ensure protection, identification and assistance in family reunification. In accordance with paragraph 23 of the Regulation on Working with Refugees, if an unaccompanied minor is found to have grounds for recognizing him or her as a refugee, measures are taken to transfer such a person to the guardianship and trusteeship authorities. The guardianship and trusteeship authorities are obliged to ensure that the child stays in conditions that comply with the legislation of the Kyrgyz Republic for children left without parental care. They are also directly involved in considering the application and ensure that decisions are made in the interests of the child. This emphasizes the state's commitment to protecting the rights of children and creating appropriate conditions for their stay. Article 16 of the Law on Refugees directly indicates the need for interaction between government bodies and international and public organizations, including UNHCR, in matters of protecting the rights of refugees. This interaction is especially important in the case of unaccompanied minors, since international organizations can provide resources and expertise to search for parents or other family members. Such coordination complies with international standards, enshrined, for example, in the Convention on the Rights of the Child and the Convention relating to the Status of Refugees. The domestic legislation of the Kyrgyz Republic takes into account the need to comply with international obligations, such as facilitating the search for missing persons and establishing contacts between separated family members. In particular, the provisions of the Regulation on Work with Refugees and the Law on Refugees are consistent with the recommendations of the international community, including obligations to cooperate with the International Red Cross and Red Crescent Movement, the UN and NGOs. This cooperation helps ensure equal access of children to the right to family reunification, regardless of their status. The legislation of the Kyrgyz Republic provides for mechanisms for identifying unaccompanied and separated children, protecting their rights and ensuring their interests. An important component of these mechanisms is interaction with international and public organizations. Moreover, the measures envisaged are aimed at the earliest possible implementation of search activities and the reunification of children with their families, which corresponds to their best interests and international standards. As part of its policy, the Kyrgyz Republic makes significant efforts to fulfill its obligations in this area, which demonstrates its commitment to protecting the rights of refugee children and separated minors. 

    LAW & POLICY

    Related provisions of domestic law or policy

    Regulation on Refugee Procedures in the Kyrgyz Republic

    Legal provision

    III - Consideration of an application for refugee status

    22. Applications from unaccompanied minors shall be considered taking into account their interests. The authorized body and its territorial structures, together with UNHCR, shall assist in protecting unaccompanied minors and assist them in establishing the whereabouts of their parents or other family members for the purpose of reuniting with their family. 23. If grounds for recognizing a person under the age of eighteen who arrived in the territory of the Kyrgyz Republic unaccompanied by legal representatives (parents, adoptive parents, guardians, trustees) and persons who voluntarily assumed responsibility for their behavior, maintenance and upbringing are established for recognizing him as a refugee, measures shall be taken to transfer the applicant to the guardianship and trusteeship authorities. Guardianship and trusteeship authorities ensure the stay of a minor in the Kyrgyz Republic in accordance with the procedure established by the legislation of the Kyrgyz Republic for children left without parental care, and also directly participate in the consideration of the application and facilitate the adoption of a decision in the interests of the applicant.