Kyrgyzstan: Resolution of the Government of the Kyrgyz Republic No. 340 of 1996, Temporary Provision on Refugees

The present Temporary Provision (further - Provision, Statute) is elaborated on the basis of Constitution of the Kyrgyz Republic and universally recognized norms of international law, and defines the legal status of refugees and the procedure for granting of refugee status, and establishes legal, economic and social guarantees of protection of the rights of refugees in the Kyrgyz Republic.

1.

An individual is recognized as a refugee if he or she is not a citizen of the Kyrgyz Republic and is forced to leave the country of his (her) citizenship because of well grounded fear to become a subject of persecution for reasons of race, religion, nationality or belonging to a certain social group or political opinion and who is not able or owing to such a fear unwilling to avail himself/herself of the protection of that country; or who not having a nationality and being outside of the country of his/her former habitual residence as a results of such events, is unable, or owing to such a fear, is unwilling to return to it.

Refugee status can not be granted to a person who committed a crime against peace, mankind, military or other kind deliberate crime of non-political character.

2.

Migration Department of the Ministry of Labour and Social Protection of the Kyrgyz Republic (further Migration Department) is a body which is empowered by the Government of the Kyrgyz Republic to take a decision on granting the refugees status.

3.

For being granted a refugee status a person must upon arrival in the Kyrgyz Republic not later than 3 days, excluding holidays, introduce personally or by attorney an application based on a standard format, to the Migration Department which will examine the application and to the bodies of the Ministry of Internal Affairs for registration.

In case of arrival of the group of individuals and if there are sufficient grounds the Migration Department may take group applications for the refugee status.

This provision can not prevent the Kyrgyz Republic from executing any actions to protect the national security and public order, including closing the borders and ceasing reception of refugees.

4.

Local authorities and authority of Bishkek must provide asylum seekers who introduced an application on granting the refugee status with the assistance in temporary accommodation in the places of their arrival.

The accommodation of asylum seekers in the places which are close to the state borders (check points) is implemented in the agreement with the Border Troops of the Russian Federation in the Kyrgyz Republic.

The accommodation of asylum seekers individually or in group in the territory of the international border check-points: in the airports, bus stations, railway stations is excluded.

5.

The application of the asylum seeker can not be taken under consideration in the following cases:

- in case of receiving of refusal in granting the refugee status of any state-party to the Convention on Status of Refugees of 1951 and Protocol relating to the Status of Refugees;

- if a person left the country of his/her citizenship due to economic reasons or because of hunger or epidemic situations;

- in case of the presence of citizenship of third state protection of which is available for this asylum seeker;

- if a person arrived directly from the territory of a state protection of which he/she could avail himself/herself;

- if a person has a legal marriage with the citizen of the Kyrgyz Republic and has a possibility provided by the law of the Kyrgyz Republic for receiving a permission for staying in the Kyrgyz Republic;

- in case of delay in introducing an application (within 3 working days after the arrival) to the Migration Department and its local bodies.

6.

To a asylum seeker who introduced an application on granting the refugee status to the Migration Department is given a certificate which shall confirm that his application is being considered.

7.

Asylum seeker who introduced an application on granting the refugee status have the following obligations:

- to observe the laws and other legal acts of the Kyrgyz Republic;

- to provide the respective local bodies of the Migration Department with all necessary information which relates his/her application;

- to cooperate with the state bodies in fact finding actions and to provide them with all available information relating to his/her personality;

- to observe the regulations acting in the places of temporary accommodation

- to take medical check upon request of Health bodies and get appropriate certificate.

8.

An asylum seeker who introduced an application on granting the refugee status and an individuals accompanied him/her (including members of the family), until the final decision on the application is taken, have the following possibilities:

- to stay at the place of temporary accommodation;

- to get medical assistance and other kind of support;

9.

Decision on granting the refugee status is taken by the Migration Department and its appropriate bodies in the course of 3 months since the registration of the applications is made.

10.

The procedure for interaction of the Migration Department with the Ministry of National Security of the Kyrgyz Republic, Ministry of Interior, Border Troops of Russian Federation in the Kyrgyz Republic on the issues relating to the response of the person to the refugee criteria, the implementation of identification procedure and the verification of the facts/events is determined by the Instruction on the work with the refugees. This Instruction will be elaborated by the Migration Department in the agreement with the Ministry of National Security of the Kyrgyz Republic, Ministry of Interior of the Kyrgyz Republic, Border Troops of Russian Federation in the Kyrgyz Republic and Ministry of Justice of the Kyrgyz Republic.

11.

To an asylum seeker who was granted the refugee status is given a certificate of established type which will serve as a legal basis for receiving of a temporary residence permission according to the Art. 18 of the Law on Aliens in the Kyrgyz Republic and the resolution of the Government of the Kyrgyz Republic of 5 January 1993 (N 2) "On the procedure for issuing the stay permission in the Kyrgyz Republic".

12.

In case of rejection on granting the refugee status an asylum seeker shall, within one week after the decision is taken, receive a written certificate specifying the reasons of refusal and the procedure for appeal.

13.

The decision on the rejection on granting the refugee status can be appealed to the court in the course of 5 days upon receiving the certificate by the asylum seeker.

Until the final decision on appeal is taken an asylum seeker is provided with the possibilities specified in the point 8 of the present Statute.

14.

Asylum seekers who have received written certificate on refusal according to the provision 12 or the confirmation of the court on refusal in granting the refugee status must leave the territory of the Kyrgyz Republic in the course of 3 days. In case of not leaving they shall be deported.

15.

The deportation of the asylum seekers who were rejected in granting the refugee status in the Kyrgyz Republic is implemented by the Border Troops of Russian Federation at the check - points and by the bodies of the Ministry of [eternal Affairs at the administrative border upon submission the letter of the Migration Department on deportation which is agreed with the General Prosecutor's Office of the Kyrgyz Republic in the course of 15 days.

These measures are financed from the republican budget.

16.

A refugee has the following rights:

- to live in the place of temporary accommodation in the course of three months until the identification of the place of permanent residence is made by the Migration Department in one of the regions. Preferable refugee accommodation locations is defined by the Government of the Kyrgyz Republic;

- to do entrepreneur activities according to the Art.7 of the Law on Aliens in the Kyrgyz Republic;

- to get information on relatives in a country of origin as well as about property which was left in the country of origin with assistance of appropriate state bodies;

- to take part in the creation of non political associations on the same basis as Kyrgyz citizens;

- to apply to the court;

- to get education on the same basis as Kyrgyz citizens have;

- to apply for Kyrgyz citizenship according to the procedure provided by the law of the Kyrgyz Republic on Citizenship of the Kyrgyz Republic;

- to return voluntarily in the country of origin;

With exception of the rights mentioned above the refugees enjoy the status of Aliens according to the Law of the Kyrgyz Republic on Aliens.

17.

A recognized refugee must observe the Constitution of the Kyrgyz Republic, other legislative acts of the Kyrgyz Republic as well as respect the traditions and customs of the people of the Kyrgyz Republic.

18.

A recognized refugee must stay in the locations of accommodations.

In exclusive cases (for family reunification, upon medical examination) question of removal is decided in agreement with the Migration Department, Ministry of Internal Affairs, Ministry of National Security of the Kyrgyz Republic and local authorities.

19.

The issues of reception, accommodation and employment of refugees are decided by the Migration Department together with the local authorities which shall:

- provide the refugee with the information on living conditions and employment possibilities in the locations where the refugee will get permanent residence;

- provide the refugee with the support in the accommodation of the children in the kindergarten and schools;

- provide the elderly, single and invalid refugees who need special care with the places in the social protection institutions;

- assist the refugee upon request in return in the country of origin or to get to other country which will give such possibility.

20.

The expenses of the state bodies and local authorities related to the reception and accommodation of refugees at their locations is financed from the resources of the respective budgets.

The issues of refund of the expenditures of the Kyrgyz Republic related to the reception and accommodation of refugees is decided according to the agreements (treaties) of the Kyrgyz Republic which will be concluded with the foreign countries and international organisations.

21.

The state bodies and local authorities shall assist the public organizations and non-governmental organizations in their activities related to providing assistance to the refugees staying on the respective territories.

The activity of the Migration Department relating to refugee issues shall be conducted according to the principle of cooperation with the UN High Commissioner for Refugees.

22.

A refugee cannot be returned against his willing to the country which he left for the reasons defined in the provision No 1 of this Statute.

The refugees legally staying in the territory of the Kyrgyz Republic can be deported only in cases if their actions are considered as a threat to the state security and the public order of the Kyrgyz Republic.

In this case towards refugees can be implemented the measures provided in the Art.9 of the Law on Alience of the Kyrgyz Republic.

The decisions and acts of state bodies, local authorities and officials which are restrict the rights of refugees can be appealed according to the legislation of the Kyrgyz Republic.

23.

A person is loosing the refugee status if he/she:

- was granted citizenship of the Kyrgyz Republic or any other country;

- was granted a refugee status in the territory of any other country;

- left the territory of the Kyrgyz Republic;

- returned voluntarily in the country which he/she had to leave due to the fear being persecuted;

A person is loosing the refugee status by the Migration Department in following cases:

- if he/she has given incorrect information which served as the basis for granting him/her of refugee status. In this case a person is obliged to refund all expenses of the Kyrgyz Republic for receiving, accommodation and other kind of financial support according to the court decision.

- due to the fall off the circumstances which served as a basis for granting of refugee status. In this case a person can not reject the protection of the country of origin and he/she has to return in the country of his/her permanent residence.