Access to Refugee Status Determination Procedures
31. The Kyrgyz Republic expressed a commitment in the outcome document of the third High
Level Steering Meeting on Prevention and Reduction of Statelessness in Bishkek on 15
December 2017 to accede to the two Statelessness Conventions and to establish a formal
status determination procedure for stateless persons, with a view to facilitating timely
resolution of statelessness in the country.
32. Following the CERD’s 2018 Concluding Observations,20 Kyrgyzstan continues to apply a
discriminatory approach in granting access to State registration and refugee status
determination (RSD) procedures. Uighurs from China who seek asylum are not issued any
documents by the Government certifying their legal stay in the country. They are therefore at
heightened risk of denial of their rights, police harassment and refoulement.21
33. Asylum-seekers arriving from Uzbekistan are also discriminated against. They may only
register their asylum claim in Kyrgyzstan, and are issued an asylum-seeker certificate, but no
further assessment and decision on their refugee claim is undertaken.22
34. The recognition rate for applicants to the State RSD procedures is also low. The low
recognition rate is often justified on the basis of national security concerns, and political and
migration control considerations of the Kyrgyz authorities. This prevents persons with
international protection needs from effectively accessing their basic rights under international
law.23
Deprivation of Citizenship
35. Concerns related to deprivation of citizenship were raised in the Concluding Observation of
the Committee on the Elimination of Racial Discrimination (30 May 2018, CERD/C/KGZ/CO/810), which recommended that the Kyrgyz Republic ensures that the new draft citizenship law
include safeguards against statelessness in the event of deprivation of citizenship, and provide
for due process guarantees, including the possibility to appeal against decisions to remove
citizenship.
36. Following the amendment to the Constitution of the Kyrgyz Republic in December 2016 that
permitted deprivation of nationality (Article 50), the government has initiated drafting of a
new Constitutional Law on Deprivation of Citizenship which prescribes citizenship deprivation
on the grounds of participation in acts related to terrorism, funding terrorist activities,
treason, espionage, separatism, extremism, and fighting as mercenaries.
37. According to the draft Law, the decision on deprivation of citizenship is to be made by the
court as part of the criminal proceedings and is sent to the State Registration Service (SRS) for
implementation, while the President makes decisions on granting citizenship.
20
Concluding observations on the combined eighth to tenth period reports of Kyrgyzstan, Committee on the Elimination of
Racial Discrimination, 30 May 2018, CERD/C/KGZ/CO/8-10, [30].
21 United Nations High Commissioner for Refugees, Submission by the United Nations High Commissioner for Refugees Universal Periodic Review: Kyrgyzstan (Report, 2014).
22 United Nations High Commissioner for Refugees, Submission by the United Nations High Commissioner for Refugees Universal Periodic Review: Kyrgyzstan (Report, 2014).
23 United Nations High Commissioner for Refugees, Submission by the United Nations High Commissioner for Refugees Universal Periodic Review: Kyrgyzstan (Report, 2014).
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