Date of publication:

06/08/2025

Kyrgyzstan

Do domestic laws and policies recognize the right to adequate housing?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The legislation of the Kyrgyz Republic provides legal guarantees for the recognition of the right to adequate housing for both citizens and foreign citizens, including refugees. This right is enshrined at the constitutional level, in particular, Article 45 of the Constitution of the Kyrgyz Republic affirms the right of everyone to housing and the inadmissibility of depriving him of it. 

This provision applies to all persons, including foreign citizens and stateless persons, which is further confirmed by Article 52 of the Constitution of the Kyrgyz Republic, which grants them equal rights and obligations with citizens. Such regulation complies with international law. However, for foreign citizens, there is a restriction on private land ownership established by law, which applies to all foreign persons without exception. 

Refugees have additional rights enshrined in national legislation. According to the Law of the Kyrgyz Republic "On Refugees", they have the right to acquire real estate on the same terms as foreign citizens (Article 13). This provision is also consistent with Article 1 of the Civil Code of the Kyrgyz Republic dated May 8, 1996, № 15, which establishes that foreign citizens and stateless persons have civil legal capacity equal to citizens of the Kyrgyz Republic, except for cases stipulated by laws or international treaties. Civil legal capacity includes the ability to participate in legal relations, such as renting and purchasing real estate, which is confirmed by the principles enshrined in the Convention relating to the Status of Refugees. Unlike refugees, asylum seekers are in a more vulnerable position. Their legal status is temporary until a final decision is made by the authorized body. According to Article 3 of the Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens" dated December 14, 1993, № 1296-XII, foreign citizens can permanently reside in the Kyrgyz Republic if they have a residence permit, refugee status, stateless person or compatriot with foreign citizenship. Persons temporarily staying in the Kyrgyz Republic are required to comply with registration and exit requirements. 

Asylum seekers also face restrictions in exercising their property rights, as they do not have the right to formal employment. This limits their financial ability to rent housing, creating additional obstacles to the realization of the right to adequate housing. 

Although the legislation of the Kyrgyz Republic provides legal guarantees for renting housing, difficulties arise in practice. In particular, many landlords refuse to enter into formal rental agreements, avoiding tax obligations. This leads to risks for tenants, including sudden rent increases or eviction, which is particularly difficult for asylum seekers and refugees. Such problems relate to the private sector, but require stricter state regulation of rental relations. 

In Kyrgyzstan, legal guarantees exist, but their implementation may be limited due to weak control over compliance with contractual obligations. In the event of disputes between landlords and tenants, increased protection through the courts and administrative bodies is required. Domestic legislation of the Kyrgyz Republic recognizes the right to adequate housing and provides legal grounds for its implementation, including for refugees. However, there are a number of limitations, including insufficient control over rental relations, financial vulnerability of asylum seekers, and weak implementation of existing guarantees. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of the Kyrgyz Republic

    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 45 - Right to housing

    1. Everyone has the right to housing. 2. No one may be arbitrarily deprived of housing. 3. State bodies and local governments encourage housing construction and create conditions for the implementation of the right to housing. 4. Low-income and other needy persons are provided with housing from state, municipal and other housing funds or in social institutions on the grounds and in the manner prescribed by law.

    The Law of the Kyrgyz Republic on Refugees

    Legal provision

    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.

    The Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens"

    Legal provision

    Article 3 - Principles of the legal status of foreign citizens and stateless persons in the Kyrgyz Republic

    In the Kyrgyz Republic, foreign citizens and stateless persons enjoy rights and fulfill obligations equally with citizens of the Kyrgyz Republic, except in cases established by law or an international treaty that has entered into force in the manner prescribed by law, to which the Kyrgyz Republic is a party. Foreign citizens and stateless persons in the Kyrgyz Republic are equal before the law regardless of gender, race, language, disability, ethnicity, religion, age, political or other beliefs, education, origin, property or other status, as well as other circumstances. With respect to citizens of those states that have special restrictions on the rights and freedoms of citizens of the Kyrgyz Republic, with the exception of refugees and persons applying for refugee status, regulatory legal acts of the Kyrgyz Republic may establish reciprocal restrictions in order to protect national security, public order, protect the health and morals of the population, and protect the rights and freedoms of other persons. The use of their rights and freedoms by foreign citizens and stateless persons in the Kyrgyz Republic must not harm the rights and legitimate interests of citizens of the Kyrgyz Republic and other persons, the interests of society and the state.