Date of publication:

01/08/2026

Kyrgyzstan

Do domestic laws and policies protect forcibly displaced and stateless persons from harm and discrimination on the basis of their ethnic, religious, political, sexual or gender identity or orientation?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The Kyrgyz Republic, being a party to a number of international agreements in the field of human rights, has integrated their key principles into its Constitution. These obligations include the ratification of such documents as the Universal Declaration of Human Rights, the International Covenants on Civil, Political, Economic, Social and Cultural Rights, the Convention against Discrimination against Women, Children, and Persons with Disabilities, as well as prohibitions on torture, slavery and human trafficking. These international standards provide the basis for the development of national legislation aimed at protecting human rights and freedoms. The principles enshrined in international documents are reflected in the Constitution of the Kyrgyz Republic. Thus, Article 24 guarantees the protection of the rights and freedoms of all persons under the jurisdiction of the state and prohibits discrimination on the basis of gender, race, ethnicity, age, disability and other grounds. This provision is consistent with the provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, and is also consistent with the Convention on the Elimination of All Forms of Racial Discrimination. An important place is occupied by Article 28, which enshrines the prohibition of slavery, human trafficking, exploitation of child labor and forced labor, except in special cases, such as emergency situations or the execution of a court decision. This provision reflects Kyrgyzstan's obligations under such documents as the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, and also strengthens international efforts to combat contemporary forms of slavery. 

Particular attention is paid to the prohibition of propaganda of hatred, enshrined in Article 32 of the Constitution. This prohibition applies to any form of national, racial, religious or social hostility, which is fully consistent with the requirements of the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Racial Discrimination. Such measures are designed to maintain harmony in society and prevent violence based on prejudice. 

The provisions of Article 56 of the Constitution establish standards of humane treatment, protecting the personal integrity of citizens. Torture, cruel or degrading treatment are prohibited, and persons deprived of their liberty have the right to respectful treatment. These standards are fully consistent with the Convention against Torture and other international documents confirming the human right to protection from cruelty. 

The Kyrgyz Republic, taking into account its international obligations in the field of human rights protection and their enshrining in the Constitution, has also provided for criminal liability for violations of these rights. The Criminal Code of the Kyrgyz Republic of October 28, 2021 №127 clearly criminalizes acts that violate fundamental rights and freedoms guaranteed by the Constitution and international agreements. 

1. Domestic violence (Article 177 of the Criminal Code of the Kyrgyz Republic). Domestic violence that causes physical or mental suffering to family members is classified as a crime. The state provides for punishments from community service to imprisonment, as well as mandatory correctional programs. This is consistent with constitutional guarantees of protection from violence and ensuring human dignity. 

2. Trafficking in persons and children (Articles 166 and 167 of the Criminal Code of the Kyrgyz Republic) 

The Criminal Code establishes strict penalties for human trafficking, including recruitment, transportation or exploitation. Particularly aggravating circumstances include actions against women, children, or violence. Child trafficking for the purpose of exploitation is also a serious crime, with increased penalties for crimes against children under 14. 

3. Torture and ill-treatment (Articles 137 and 138 of the Criminal Code). Torture, as the intentional infliction of suffering for the purpose of obtaining information, punishment, or intimidation, as well as torture that subjects a person to violence, are recognized as crimes. Perpetrators, including officials, bear strict liability. These provisions reinforce the prohibition of inhuman or degrading treatment enshrined in Article 56 of the Constitution. 

4. Forced labor and slavery (Article 170 of the Criminal Code). The use of forced labor or the exploitation of persons in conditions similar to slavery is criminalized. Liability is increased if crimes are committed against children or with the use of blackmail, threats, violence. These norms implement the constitutional principles of personal freedom and the prohibition of slavery. 

5. Illegal deprivation of liberty (Article 169 of the Criminal Code of the Kyrgyz Republic) Restriction of a person's liberty without legal grounds is punishable by imprisonment. If the crime is accompanied by violence, threats, or is committed against children or women, liability is increased. This provision protects the constitutional right to liberty and personal inviolability.  

6. Organization of illegal migration (Article 168 of the Criminal Code). Acts related to the illegal movement of migrants, including children, across the borders of the Kyrgyz Republic are severely punished. This provision is aimed at preventing exploitation and violation of the rights of migrants, which is consistent with international standards and constitutional principles for the protection of vulnerable groups. 

7. Threat of violence (Article 139 of the Criminal Code) Threat of violence that creates real fears is also recognized as criminally punishable. These measures are aimed at protecting against psychological violence and support the principle of inviolability of the person. 

Moreover, the principle of prohibition of discrimination on the grounds of gender, race, language, disability, ethnicity, religion, age, political or other beliefs, education, origin, property or other status, as well as other circumstances, is fundamental in the legal system of the Kyrgyz Republic and is enshrined in almost all legislative acts regulating various spheres of public relations, including norms governing labor relations, education, health care, social protection, access to services, shelter and other spheres of public life. This principle provides for the equality of all persons before the law and the inadmissibility of any form of discrimination. For example, the Constitutional Law of the Kyrgyz Republic "On Elections of the President of the Kyrgyz Republic and Deputies of the Zhogorku Kenesh of the Kyrgyz Republic" of August 26, 2021 №103, implementing the principle of non-discrimination based on gender and ethnicity, establishes that citizens of the Kyrgyz Republic have the right to vote and be elected regardless of origin, sex, race, ethnicity, disability, education, official and property status, religion, political and other beliefs. At the same time, the law provides for restrictions and prohibitions in the field of election campaigning aimed at observing the principles of equality and non-discrimination, thereby prohibiting the abuse of freedom of the media, including propaganda of national, ethnic, racial, religious, interregional hatred, gender and other social superiority, as well as calls for discrimination, hostility or violent actions. In addition, when political parties nominate lists of candidates for elections under the proportional system, requirements are established to ensure compliance with the principle of non-discrimination and equal representation: 

-The list of candidates must not exceed 70 percent of persons of the same sex, while the difference in the order of men and women in the lists must not exceed three positions. 

- At least 15 percent of the candidates on the list must be under 35 years of age, of which at least 3 candidates are included in the first 25 positions on the list. 

- At least 15 percent of the candidates must represent different ethnic groups, while at least 3 of them are included in the first 25 positions on the list. 

- At least 2 candidates must be persons with disabilities, one of whom must be included in the first 25 positions on the list. 

As for the right to gender identity, Article 47 of the Law on Health Protection of January 12, 2024 № 14 guarantees the right to change, correction of gender identity is carried out in health care organizations through medical intervention at the request of a patient over 25 years of age, with full legal capacity, in accordance with medical, biological and socio-psychological indications in the manner determined by the Cabinet of Ministers. Despite the fact that fundamental human rights are enshrined in the Constitution, which provides for protection against 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, and prohibits torture, slavery and inhuman treatment, for which the Criminal Code of the Kyrgyz Republic of October 28, 2021 №127 provides for punishment, it is worth noting that the country lacks a specialized and detailed legal framework aimed at preventing the risks of violence, abuse or exploitation against sexual, ethnic, linguistic and religious minorities, as well as effectively resolving violations arising in this area. 

    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 28 - Prohibition of slavery, child labor and forced labor

    1. Slavery and human trafficking are not permitted in the Kyrgyz Republic. 2. Exploitation of child labor is prohibited. 3. Forced labor is prohibited, except in cases of war, elimination of consequences of natural disasters and other emergency situations, as well as in the execution of a court decision. Involvement in military or alternative (non-military) service is not considered forced labor.

    Article 32 - Freedom of expression and thoughts

    1. Everyone has the right to freedom of thought and opinion. 2. Everyone has the right to freedom of expression, freedom of speech and the press. 3. No one may be forced to express their opinion or to renounce it. 4. Propaganda of national, racial, religious hatred, gender and other social superiority, calling for discrimination, hostility or violence is prohibited.

    Article 56 - Human rights

    1. The state shall ensure the rights and freedoms of citizens in the manner established by the Constitution and laws. 2. No laws shall be adopted in the Kyrgyz Republic that abolish or diminish human rights and freedoms. 3. Restrictions on the physical and moral integrity of the individual shall be permissible only on the basis of the law, by a court sentence as punishment for a crime committed. 4. No one shall be subjected to torture or other inhuman, cruel or degrading treatment or punishment. 5. Every person deprived of liberty shall have the right to humane treatment that does not degrade human dignity. 6. Medical, biological, and psychological experiments on people without their voluntary consent, expressed and certified in the proper manner, shall be prohibited.

    The Criminal Code of the Kyrgyz Republic

    Legal provision

    Article 165 - Kidnapping of a person

    1. Kidnapping of a person against his will, accompanied by removal from his place of permanent or temporary residence with subsequent detention in a place other than his place of residence, in the absence of elements of a crime provided for in Article 257 of this Code, committed by means of seizure, deception or with the use of violence that is not dangerous to life and health, or the threat of using such violence, - shall be punishable by imprisonment for a term of five to seven years. 2. The same act committed: 1) against two or more persons; 2) against a child; 3) against a pregnant woman; 4) for the purpose of removing organs or tissue from a person for transplantation; 5) for the purpose of removing organs or tissue from a deceased person for transplantation; 6) for the purpose of receiving ransom or other personal interest; 7) by a group of persons; 8) by a group of persons by prior conspiracy; 9) with causing serious harm through negligence, - shall be punishable by imprisonment for a term of seven to ten years with or without confiscation of property. 3. The acts provided for in Part 1 or paragraphs 1–5 of Part 2 of this Article, if the perpetrator voluntarily released the kidnapped person, - shall be punishable by community service from one hundred to three hundred hours or correctional labor for a term of one to three years, or a fine of 500 to 1,000 calculation indices. 4. The acts provided for in Part 1 of this Article, committed: 1) against a child under the age of fourteen; 2) with the use of one’s official position; 3) with the use of weapons or objects used as weapons; 4) with the infliction of especially serious harm; 5) by an organized group; 6) as part of a criminal community, - shall be punished by imprisonment for a term of ten to twelve years with confiscation of property.

    Article 166 - Human trafficking

    1. Human trafficking, i.e. their recruitment, transportation, harboring, acceptance or transfer, carried out with or without their consent, by threat, use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, - shall be punishable by imprisonment for a term of three to six years with or without confiscation of property. 2. The same act committed: 1) against two or more persons; 2) by a group of persons; 3) by a group of persons by prior conspiracy; 4) by a person using his official position; 5) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad; 6) against a person who is financially or otherwise dependent on the perpetrator, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. The same act committed: 1) against a pregnant woman; 2) with the purpose of removing organs or tissues from a person or a deceased person for transplantation; 3) with the infliction of serious harm through negligence; 4) by an organized group; 5) as part of a criminal community, - shall be punishable by imprisonment for a term of eight to eleven years with confiscation of property. 4. Recruitment, transportation, concealment, acceptance or transfer of a child, carried out with or without consent, without the use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, - shall be punishable by imprisonment for a term of up to five years. Note. Recruitment means the activity of individuals or legal entities to search for, select, accept and hire people for material compensation to perform any work or provide services in the interests of the employer or other persons. Exploitation means forcing persons into prostitution or other forms of sexual exploitation, forced labor or services, slavery, participation in armed conflicts, including through the use of debt obligations, material or other dependence, as well as their servitude. A person who has become a victim of human trafficking is exempt from criminal liability for committing acts that are a minor crime or a less serious crime, if such an act was committed by the victim as a result of his or her involvement in the process of human trafficking.

    Article 167 - Child trafficking

    1. Trafficking in a child with or without the purpose of obtaining a benefit, - shall be punishable by imprisonment for a term of five to eight years. 2. The same act committed: 1) against two or more persons; 2) by a group of persons; 3) by a group of persons by prior conspiracy; 4) by a person using his official position; 5) with causing significant harm through negligence; 6) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad, - shall be punishable by imprisonment for a term of eight to eleven years. 3. The same act committed: 1) against a child under the age of fourteen; 2) for the purpose of removing organs or tissues from a person for transplantation; 3) with causing serious or especially serious harm through negligence; 4) by an organized group; 5) as part of a criminal community, - shall be punished by imprisonment for a term of eleven to fifteen years with confiscation of property. Article 170. Forced use of labor (slave labor) 1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), - shall be punishable by imprisonment for a term of three to six years. 2. The same act committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) with the seizure, concealment or destruction of documents certifying the identity of the victim; 4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence; 5) using official position, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. Acts provided for in parts 1 or 2 of this article: 1) committed against a child under the age of fourteen; 2) causing serious or especially serious harm through negligence; 3) committed by an organized group; 4) committed as part of a criminal community, - shall be punishable by imprisonment for a term of eight to twelve years with confiscation of property.

    Article 168 - Organization of illegal migration, illegal import (export) of migrants

    1. Organization of illegal migration, illegal import, export of migrants, foreign citizens and stateless persons or provision of transport vehicles or forged documents, residential or other premises, as well as provision of other services to citizens for illegal entry, exit, movement through the territory of the Kyrgyz Republic, transit through the territory of the Kyrgyz Republic with or without the purpose of obtaining a benefit, - shall be punishable by imprisonment for a term of three to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years. 2. The same act committed: 1) against a child; 2) by a group of persons; 3) by a group of persons by prior conspiracy; 4) by a person using his official position; 5) against a person who is materially or otherwise dependent on the perpetrator; 6) with the infliction of serious or especially serious harm through negligence; 7) by an organized group; 8) as part of a criminal community, - shall be punishable by imprisonment for a term of five to eight years with confiscation of property. Note. Illegal import (export) of migrants means the activity of individuals or legal entities to ensure the illegal entry, exit, movement of a person, where this person does not have the status of a citizen or the right to permanent residence or these rights were obtained by providing false information to government agencies for the purpose of directly or indirectly obtaining financial or other material benefits.

    Article 169 - Illegal Deprivation of Liberty

    1. Restriction of a person’s freedom of movement with his/her forcible detention in the absence of elements of an official crime, - shall be punishable by imprisonment for up to two years. 2. The same act, if committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) against a pregnant woman; 4) with the use of violence dangerous to life and health; 5) with the use of weapons or other objects used as weapons; 6) by a group of persons; 7) by a group of persons by prior conspiracy, - shall be punishable by imprisonment for two to five years. 3. Acts provided for in parts 1 and 2 of this article: 1) committed against a child under the age of fourteen years; 2) committed by an organized group; 3) committed as part of a criminal community; 4) resulting through negligence in particularly grave harm, - shall be punishable by imprisonment for a term of five to ten years with confiscation of property. 4. The acts provided for in parts 1 or 2 of this article, if the perpetrator released the victim voluntarily, within 72 hours, - shall be punishable by community service from one hundred to three hundred hours or correctional labor for a term of one to three years, or a fine of 500 to 1000 calculation indices.

    Article 137 - Torture

    1. Causing physical or mental suffering to a person for the purpose of obtaining information or a confession from him or another person; punishing him for an act he or another person has committed or is suspected of committing; as well as intimidating or coercing him or another person to commit certain acts, or for reasons based on discrimination of any nature, committed by an official or at his instigation, with his knowledge or tacit consent, - shall be punishable by deprivation of liberty for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. 2. The same act committed: 1) against a pregnant woman or a child; 2) against a disabled person or another person in a helpless state; 3) by a group of persons; 4) by a group of persons by prior conspiracy; 5) with particular cruelty, - shall be punished by imprisonment for a term of eight to ten years with deprivation of the right to hold certain positions or engage in certain activities for up to three years. 3. The same act, which resulted in causing serious harm to health or, through negligence, the death of the victim, - shall be punished by imprisonment for a term of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

    Article 138 - Torture

    1. Causing physical or mental suffering by beating two or more times or by other violent actions, if this did not entail the consequences provided for in Articles 130 and 131 of this Code, - shall be punishable by correctional labor for a term of one to three years or a fine of 500 to 1,000 calculated indicators, or imprisonment for a term of up to three years. 2. The same act committed: 1) against a woman who is pregnant; 2) against a child or a person in a helpless state or in material or other dependence on the perpetrator, as well as a person kidnapped or taken hostage; 3) by a group of persons; 4) by a group of persons by prior conspiracy, - shall be punishable by a fine of 1,000 to 2,000 calculated indicators or imprisonment for three to five years. 3. The same act committed: 1) against two or more persons; 2) by hire; 3) on the basis of social, national, racial, religious hatred or enmity; 4) by an organized group; 5) as part of a criminal community, - shall be punishable by imprisonment for a term of five to eight years with or without confiscation of property.

    Article 139 - Threat of using violence dangerous to life and health

    1. Threat of using violence dangerous to life and health, if there are sufficient grounds to fear that this threat will be carried out, - shall be punishable by community service from forty to one hundred hours or correctional labor for a term of two months to one year, or a fine of 200 to 500 calculation indices. 2. The same act committed: 1) against a person or his relatives in connection with the performance by this person of official, professional activities or the fulfillment of public duty; 2) by an organized group; 3) as part of a criminal community, - shall be punishable by correctional labor for a term of one to three years or a fine of 500 to 1000 calculation indices, or imprisonment for a term of up to five years.

    Article 170 - Forced use of labor (slave labor)

    1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), - shall be punishable by imprisonment for a term of three to six years. 2. The same act committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) with the seizure, concealment or destruction of documents certifying the identity of the victim; 4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence; 5) using official position, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. Acts provided for in parts 1 or 2 of this article: 1) committed against a child under the age of fourteen; 2) causing serious or especially serious harm through negligence; 3) committed by an organized group; 4) committed as part of a criminal community, - shall be punishable by imprisonment for a term of eight to twelve years with confiscation of property.

    Article 177 - Domestic Violence

    Any intentional actions of one family member/equivalent person against another family member/equivalent person, causing physical or mental suffering, or harming physical or mental development, resulting in less serious harm to health, - shall be punishable by community service from forty to one hundred hours or imprisonment for a term of two to five years. Note: A person who has committed a crime must undergo a correctional program to change violent behavior in accordance with Article 71-1 of this Code.