by law-makers or the courts, it is unclear if the guarantee encompasses equality before the
law as per the standards laid out in international human rights treaties. Attendees at the
Focus Group in the North did not refer to any restrictions in access to legal aid, though the
unavailability of quality legal assistance in rural areas was noted by representatives of local
NGOs. In the South, participants pointed out that the cost of legal services is unaffordable
to them. Legal NGO clinics operating in the field, including UNHCR’s implementing partners, remain the most effective means of delivering free legal aid to stateless populations.
4.7 Expulsion
The Code on Administrative Violations of the Kyrgyz Republic provides for the administrative expulsion of foreigners and stateless persons for the breach of residence and
sojourn rules in the Kyrgyz Republic (Article 39). The 2000 External Migration Law also
includes an administrative expulsion for a person who does not comply with an order from
internal affairs or national security agencies to leave the Kyrgyz Republic after the expiration of their visa or an annulment of their residence permit (Article 19). It further lists the
following additional grounds for which an administrative expulsion can be issued: if the person concerned acted against the interests of national security or the protection of public order; or if it is necessary for the protection of public healthcare and public morals, rights and
legitimate interests of Kyrgyz citizens and other persons. An administrative expulsion could
likewise be ordered in cases of repeated and severe violation of Kyrgyz law but it does not
invoke a criminal liability and is used as an administrative penalty. A decision is made by
the courts and executed by either internal affairs or national security agencies (Article 19).
Statistics on the number of violations of residence rules drawn from the survey in the
South indicate an infrequent number of administrative expulsions. During 2008, for instance
7 cases of administrative expulsion out of 218 violations of residence rules by aliens were
reported by internal affairs bodies in Osh province. However, as recognized by the NGO
groups who prepared the Southern survey, the law does not take into account the specific
rights which must be regarded in cases of administrative expulsion of stateless persons
such as, the principle of family unity.
5. BASIC NEEDS AND ESSENTIAL SERVICES
5.1 Food security and nutrition and water and sanitation
The legislation of the Kyrgyz Republic does not contain any provisions that specifically
focus on access of stateless persons to food, water and sanitation. During the Focus Groups
in the North and South of the country stateless individuals did not report any restrictions in
availability to food, water and sanitation; accessibility therefore seems to be on par with the
national population.
5.2 Housing
Although the right to housing is not stipulated among the rights stateless persons specifically enjoy under the 1993 Aliens Law, the rate of access to housing is quite high. Thus, the
survey in the South showed that some 77 percent of individuals surveyed have accommodation in either their own property or that of family members, while the remainder rent. The
survey indicated the difficulties faced by stateless persons in the South in owning property
due to lack of status. 80 percent of home-owners among the population concerned in the
North responded that they did not face difficulties in enjoying their right to property however
only 40 percent of them actually owned property.
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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