Date of publication:
08/21/2025
Kyrgyzstan
Do domestic laws and policies provide for family reunification for forcibly displaced and stateless persons?
Assessment by population
Analysis
The family is the foundation of society, as enshrined in Article 20 of the Constitution of the Kyrgyz Republic. Fatherhood, motherhood and childhood are protected by society and the state, which emphasizes the priority of protecting family relations and creating conditions for their preservation and development. An important addition to this is Article 24 of the Constitution, which guarantees all persons on the territory of the Kyrgyz Republic the protection of their rights and freedoms, prohibiting discrimination on the basis of gender, race, language, disability, ethnicity, religion, age, political or other beliefs, education, origin, property or other status, as well as other circumstances. This provision covers respect for the right to family life and the protection of family unity for all persons within the territory of the Kyrgyz Republic and under its jurisdiction. In accordance with the Law on the Legal Status of Foreign Citizens of December 14, 1993, № 1296-XII, foreign citizens have equal rights and obligations in marital and family relations on an equal basis with citizens of the Kyrgyz Republic (Article 16). This confirms that the protection of family values extends to all persons, regardless of their citizenship or immigration status. Additional protection for families is provided by the Law on Refugees of March 25, 2002, № 44, which enshrines the principle of family unity and reunification. The Law recognizes as family members of a person applying for refugee status in the Kyrgyz Republic, or family members of a refugee the following: spouse, their minor children and other relatives who are dependent on him (her), provided that they live together on the territory of the Kyrgyz Republic. In particular, Article 8 of the Law extends refugee status to spouses, minor children, and other dependents, provided that they reside together in the territory of the Kyrgyz Republic. However, it should be noted that the legislation of the Kyrgyz Republic in the field of asylum does not provide for additional forms of international protection, such as subsidiary protection, temporary protection, or residence agreements. In accordance with Article 1 of the Law, a refugee is a person who is not a citizen of the Kyrgyz Republic and applies to the Kyrgyz Republic for recognition as a refugee, who is outside the country of his or her citizenship or place of permanent residence due to well-founded fears of becoming a victim of persecution on the basis of race, religion, nationality, political beliefs, membership in a particular social group, as well as a real danger of being persecuted in armed and interethnic conflicts, and who cannot, due to such fears, or does not wish to avail himself or herself of the protection of his or her country. In addition, there is no separate normative legal act governing family reunification. Thus, the domestic laws of the Kyrgyz Republic provide for the right to family reunification for refugees, but do not cover all categories of persons in need of international protection. The principle of non-discrimination enshrined in the Constitution requires ensuring equal access to rights for all persons, including the right to family life, regardless of their status. This includes the need to adopt national legislative measures aimed at protecting families, including through the reunification of separated refugee families.
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.
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 8 - Granting refugee status to members of a refugee’s family (Principle of family unity)
If the head of the family has been granted refugee status in the Kyrgyz Republic on the grounds provided for in Article 1 of this Law, then refugee status also extends to his (her) spouse and their minor children, as well as other persons dependent on him (her), provided that they live together. Minor children, spouse, and other persons dependent on him (her) have the right to be reunited with him (her) in the Kyrgyz Republic and to receive refugee status.
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 16 - Marital and Family Relations
Foreign citizens in the Kyrgyz Republic may enter into and dissolve marriages with citizens of the Kyrgyz Republic and other persons in accordance with the legislation of the Kyrgyz Republic. Foreign citizens enjoy rights and bear obligations in marital and family relations equally with citizens of the Kyrgyz Republic.