Kyrgyzstan has accepted more than 20,000 refugees for 30 years of independence. Many of them either integrated, were resettled, or voluntarily returned to their homeland.
It is important to understand that one of the defining criteria for a successful government policy on protection of the rights of refugees is assistance in acquiring citizenship.
More than 9,000 people have become citizens of Kyrgyzstan since 2002.
Their children go to schools, speak Kyrgyz or Russian, they have become part of Kyrgyzstan’s society.
As of May, there are 178 refugees and 801 asylum seekers in the country, most of them are from Afghanistan.
Representative of the United Nations Refugee Agency (UNHCR) for Central Asia Hans Friedrich Schodder visited Bishkek on June 20, the World Refugee Day. He told in an interview with 24.kg news agency who can count on a refugee status, citizens of what countries most often come to the region and who seeks security and protection.
— What is the purpose of your visit to Kyrgyzstan and whom of the officials, maybe representatives of the civil sector, did you meet with?
— I arrived in Kyrgyzstan on the eve of the World Refugee Day, which was established by the UN. On this day, we pay tribute to the courage of people forced to leave their homes. I visited the bicycle race, which was organized jointly with the Ministry of Labor, Social Security and Migration with the assistance of the head of the ministry Kudaibergen Bazarbaev.
Refugees-volunteers took part in organizing the event. In such a way they thanked the host country for the hospitality.
The UN Refugee Agency highly appreciates the support given to refugees by the people and Government of Kyrgyzstan.
Hans Friedrich Schodder
Joint efforts and cooperation are extremely important in order the people to be able to save and preserve lives.
UNHCR is ready to continue to provide assistance to Kyrgyzstan so that refugees can access all rights, services and responsibilities.
— On the day of your arrival, refugees from Afghanistan protested at the UNDP building. For 20 years of living in Kyrgyzstan they have not received documents and demand to send them to other countries — the USA, Canada, Europe. Are their claims reasonable?
— These protesters want their voices to be heard. Unfortunately, I did not have the opportunity to meet with them personally, I attended the bicycle race. But as far as I understand, those people who came to protest are the so-called mandate refugees.
It means they were registered by the UNHCR even before Kyrgyzstan developed its own legislation on refugees, so that it was possible to independently accept applications from them. For all these years, there were several thousand mandate refugees. But then we found an opportunity to resolve the situation. To date, 46 mandate refugee families live in Kyrgyzstan. All of them are successfully integrated into the local community. They speak Kyrgyz and Russian, their children were born here.
Yes, some of them want to move to third countries, and they have already applied to UNHCR. But their applications were not approved for various reasons.
Hans Friedrich Schodder
In fact, their greatest desire is to become citizens of Kyrgyzstan. Especially young people want it, because Kyrgyzstan is their home away from home. But the problem is that they don’t have any documents. Maybe because of this they experience some inconvenience.
— The Ministry of Labor initiated a package of amendments to the Refugee Law. They say that in case of an emergency and mass arrival of citizens of another state seeking asylum, they will be registered immediately. Local lawyers criticized this norm. How do you assess it?
— Of course, we are aware of these amendments. This is the inviolable right of a refugee to security and asylum. In line with international standards, the proposed amendments to the Law of the Kyrgyz Republic on Refugees state that «asylum seekers will have to be registered immediately.» If Kyrgyzstan adheres to such a standard, we, of course, welcome such an initiative. For our part, we commented on the draft law as an agency authorized by the UN Assembly to ensure the international protection of refugees. Since Kyrgyzstan is a signatory to the Refugee Convention, we welcome the country’s efforts to align its domestic legislation with international norms and agreements.
But you mentioned that the norm would only be effective in case of a mass arrival of refugees. I don’t think this will ever happen. In any case, assuming that this is possible, and no matter how the refugees ended up in your country — by air, by land or by boat, the state should provide them with a safe haven. It is their right to demand it, and the duty of the state is to fulfill it.
— Which of the countries in the Central Asian region that are regulating refugee issues has, in your opinion, the most effective legislation?
— Almost all Central Asian countries — Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan are signatories to the Refugee Convention and all have national laws regarding the protection of the rights of refugees. Approximately 80 percent of the contents of these documents concerning refugees relate to integration into local communities. These are the things that need to be improved.
The sooner refugees become part of society with all civil rights and obligations, the sooner they begin to make a positive contribution: work for the good of the state, pay taxes. But first they need to be given access to all these social and economic aspects.
It is important for refugees to be given the opportunity to get an education and find a job. This is necessary not only for them, but also for the receiving party.
Hans Friedrich Schodder
— Is wide access to social services the main criterion of country’s attractiveness for a refugee?
— Refugees in most cases do not have the opportunity to choose where to flee from violence, war or repression in their own state. As a rule, they end up in neighboring countries where they can find safety.
72 percent as a rule flee to neighboring countries. 83 percent find asylum in low-income or developing countries.
Hans Friedrich Schodder
There are two important factors that can influence their decision. If there are relatives in a certain country, then, of course, it is easier for asylum-seekers to flee there to reunite with their families. Or if the refugees cannot be protected in the neighboring country where they were going. But as I have said, 72 percent of refugees prefer states that are adjacent to the border. Usually, these are low- or middle-income countries.
— Can the state extradite a refugee, if he or she has grossly violated the law in the country where they came from and is wanted?
— If a refugee has committed a serious crime in his or her country, then they may be deprived of their status under paragraph 52 of the Convention relating to the Status of Refugees. But at the same time, they cannot be returned back, since there is Article 3 of the Convention against Torture. It provides that no participant state may expel refugees, if there is reason to believe that a person will be subjected to ill-treatment and will be deprived of access to fair justice.
If he or she broke the law in the state where they came from in search of salvation, then in this case they can be sent to a third state, but not to the place which they fled. If a third party refuses admission, then the refugee will have to stand trial and be punished for the crime in the same way as the citizens of this country.
— If the state extradited a refugee after it granted him or her this status, what would be the consequences?
— It is natural that every refugee wants to return to homeland, but only if it’s safe there.
No state can expel a refugee.
Hans Friedrich Schodder
There is a principle of non-refoulement. It is enshrined in international law, and no state can violate it. If nevertheless this happens, then the country may incur legal responsibility, as well as officials who made such a decision.
— In 2018 and 2020 Kyrgyzstan expelled two journalists who requested asylum. Bobomurod Abduvalliev was handed over to the Uzbek side, and a blogger Murat Tungishbaev was deported to Kazakhstan. Are you aware of these incidents? Why did Kyrgyzstan not face international condemnation?
— Unfortunately, I do not know all the details of these cases. However, I think that the decision could be wrong in one of them.
— After the start of the «special military special operation» in Ukraine, many Russian citizens, who disagreed with the policy of the authorities of their country, came to Kyrgyzstan and other countries in the region. Have these people applied to the UNHCR for obtaining the status and what should be the grounds for this status to be granted?
— Kyrgyzstan is responsible for registration and determining the status of refugees in accordance with the national legislation. UNHCR does not deal with this. Russians, as citizens of the EAEU country, have access to a large package of rights and opportunities and can freely live and work here. As far as I know, no one has applied for refugee status. But we must remember: everyone has the right to safety, regardless of where, when and what this person fled. We are talking about the principle of non-discrimination.
— What is the difference between refugee status and granting of political asylum?
— A person may apply for refugee status if there is a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group or political position. The right to asylum is an inalienable right of every human being. But political asylum is a different concept, a legal tradition that exists, including in some countries of the former Soviet Union. It may supplement, but not replace, the right to seek and receive asylum under the Refugee Convention.
