they sometimes faced in registering undocumented children (without birth certificates) in
medical facilities, which resulted in a denial of access to certain medical services such as
diagnostics and operations.
In the South, the findings of the Focus Group revealed a high level of truancy among
children after third grade since parents require their children to work with them in the fields
in order to increase family earnings. Parents in this area consider the expenses associated
with education to be burdensome and costly (books, notebooks, shoes, clothes, school
fees etc).
4.4 Freedom of movement, including right to return
The freedom of movement and residence of stateless persons in the Kyrgyz Republic
is guaranteed by the 1993 Aliens Law. As previously mentioned, movement and residence
maybe restricted on the ground of national security, protection of public order, public healthcare and morals, protection of rights and legitimate interests of the population (Article 18).
However, the law does not define the scope of national security or public order grounds,
nor has any official interpretation been adopted of the law.
The regulatory functions with respect to the movement of individuals within the country
(internal migration), as well as to and from the Kyrgyz Republic (external migration) fall
under the competence of the State Committee for Migration and Employment of the Kyrgyz
Republic, the Ministry of Internal Affairs, the Ministry for Foreign Affairs, the State Committee for National Security and the State Border-guard Service of the Kyrgyz Republic.23 In
order to travel from and return to the Kyrgyz Republic, domestic legislation requires a stateless person to have a stateless person’s card as afore-mentioned.
The survey conducted in the South of the country made reference to restrictions placed
on the movement of individuals who reside in the territory of the country with expired passports. Reports on constraints of movement for undocumented individuals in the North and
South of the country were recorded during the Focus Group meetings. Undocumented
individuals expressed a fear of being detained if caught by police while travelling. However,
holders of former USSR passports with propiska do not experience such restrictions.
4.5 Detention
Detention of individuals with an undetermined nationality in the Kyrgyz Republic is not
well documented and monitored. There is no information on numbers or reasons for detention that law enforcement authorities employ for stateless persons. Nor is there reliable
information on services such as legal assistance and free translation rendered to detained
stateless individuals, or on the treatment that they receive while in detention. According to
representatives of district law enforcement bodies, although former USSR passports are
no longer legally valid documents, their holders in rural areas are rarely detained, since
they are known to authorities as residents of those areas and registered with local administrators. Nevertheless, individuals that attended the Northern and Southern Focus Groups
confirmed that their lack of proper documentation puts them at increased risk of detention.
4.6 Access to legal remedies
The 1993 Aliens Law guarantees general rights of access to the courts and protection
under the law. This also includes equal rights for stateless people and nationals in judicial
proceedings (Article 20). In the absence of an official interpretation of the above provision
23 Articles 5 of the 2000 External Migration Law and the Law of Kyrgyz Republic On Internal Migration dated 16 October 2002.
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Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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