LGBTQ rights in Kyrgyzstan | |
|---|---|
 | |
| Legal status | Same-sex activity legal since 1998[1] |
| Gender identity | No |
| Military | No |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex unions |
| Restrictions | Constitutional ban since 2016 |
| Adoption | No |
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people inKyrgyzstan face significant challenges not experienced by non-LGBTQ residents. While same-sex sexual activity has been legalised in Kyrgyzstan since 1998,same-sex couples are not currently eligible for the same legal protections available to married heterosexual couples.[1]
Reports of discrimination and violence against LGBTQ people are frequent.[2]
Same-sex sexual activity has been legal in Kyrgyzstan since 1998. The age of consent in Kyrgyzstan is 16, regardless of gender or sexual orientation.[1]
Kyrgyzstan does not recognizesame-sex marriage orcivil unions.
Since 2016, theKyrgyz Constitution has explicitly banned same-sex marriage.[3]
Legal gender recognition was mentioned in legislation on the Acts of Civil Status in 2001. In 2005, the law (whose formulation was adapted from similar Russian legislation) stated that a document of "established form" was required for legal gender recognition, but no such form existed. Trans people were therefore assessed on a case-by-case basis. In 2007, Kyrgyz activist organisation Labrys began efforts to develop the form, organizing training sessions for doctors and establishing a working group, with staff from theMinistry of Health supporting the process. The final draft was sent to the Office of the President. However, in 2010 theKyrgyz Revolution occurred, which severely hampered the progress that had been made on legal gender recognition, as both the president and several ministers (several of whom had signed the draft) were ousted from their positions.[4]
The first gender affirming surgery in Kyrgyzstan took place inBishkek in January 2014.[5]
In 2016, a working group was assembled in order to develop guidance on transgender health, such as instructions on how to conduct a psychiatric evaluation and prescribegender-affirming hormone replacement therapy. The guidance and the form of the document for legal gender recognition were officially adopted in 2017, enabling trans people in Kyrgyzstan to change their legal gender after a psychiatric evaluation, without the requirement for surgery or a court decision. In 2020, during the COVID-19 pandemic, the clause in the law allowing for legal gender recognition was quietly removed.[4]
According to a report by international LGBTQ organisationILGA-Europe, transgender people in Kyrgyzstan have been unable to obtain legal gender recognition since 2021 due to amendments which were made to the Law on Civil Acts. Since 2024, the rights of transgender people in Kyrgyzstan have been further restricted by amendments to existing laws such as the law On the Protection of the Health of Citizens in the Kyrgyz Republic. Clause 47 of the law relates to "Change and Correction of Gender Identity" and has been modified by the Kyrgyz government to prevent trans people in the country from accessing transition-related care before the age of 25. Previously, individuals could start the process of gender transition at age 18.[6]
Homophobia in Kyrgyzstan is a complex issue with roots in two distinct external influences. The Russian influence is tied to a Soviet-era legacy and contemporary anti-propaganda laws.The 2013 Russian law banning "propaganda of non-traditional sexual relations to minors" has been particularly influential. This was a clear signal from a majorregional power that LGBTQ+ identities are abnormal and should not be discussed openly. The use ofRussian-language media, which often echoes this sentiment, further reinforces these homophobic views in Kyrgyzstan. Russian-language media, which is widely consumed in Kyrgyzstan, often portraysthe West as hostile, morally corrupt, and a threat to traditional values. Following the collapse of the Soviet Union, Kyrgyzstan experienced a religious revival. This created an opening for countries likeSaudi Arabia andQatar, which are major centers ofWahhabism and other fundamentalist interpretations of Islam. The spread of these conservative religious views through mosques, madrasas, and online content provides a theological justification for homophobic attitudes. These two forces often reinforce each other, creating a challenging environment for LGBTQ+ people in Kyrgyzstan. As a result, LGBTQ people fear being socially outcast by their friends and families, causing them to keep their sexual orientation or gender identity secret, especially in rural areas.
Before the 2010s, ignorance about LGBTQ rights resulted in a somewhat "liberal" scene and safe haven for LGBTQ people, especially in the capitalBishkek. In 2014, however, the Government launched a series of legal reforms including an "anti-gay propaganda law". This has led to the LGBTQ community being thrust into the spotlight, and a near 300% increase in attacks against LGBTQ people.[7]
Bishkek's only gay bar, London, had to shut down in 2017.[3]
According to 2018 reports, police officials have been blackmailing LGBTQ people on social media and dating sites, requesting between 5000 and 30,000soms (70 to 500U.S. dollars).[2]
There are multiple LGBTQ groups in Kyrgyzstan, includingKyrgyz Indigo (Kyrgyz:Кыргыз Индиго), founded in 2010 andLabrys (Лабрис), founded in 2004. Labrys staff also conduct training for doctors and psychiatrists on sexual orientation and gender identity. Another organisation, Oasis, was founded in 1995 and mainly catered to gay men, while MyrzAyim supports transsex workers.[4]
In recent years, politicians have increasingly used homophobic language. On 8 March 2019, a peaceful march of about 400 people occurred in the capital Bishkek. Although the march was meant to commemorateInternational Women's Day, LGBTQ issues were given special focus and attention. The media dubbed the event Kyrgyzstan's "first gay pride march". The event was not received without controversy, especially from members of parliament who expressed threats of violence towards the participants. MPJyldyz Musabekova wrote onFacebook that "the men who do not want to have children and the girls who do not want to pour tea...must not only be cursed, they must be beaten". She was quickly condemned by other deputies.
Human rights groups and the event's organisers defended the march and the presence of LGBTQrainbow flags.Bektour Iskender, founder of the popularKloop news website and a participant in the march, said, "I think it's very cool that the LGBTQ community came on the march, because this is also related to the rights of women if we are talking about lesbians and transgender girls who face tremendous violence in Kyrgyzstan".[8][9] LGBTQ activists described the event as "a turning point".[10]
In 2014, a bill was introduced to theparliament to criminalize expression that creates "a positive attitude toward non-traditional sexual relations, using the media or information and telecommunications networks." The bill passed its first reading on October 15 with a 79–7 vote, despite wide international opposition. A final vote was expected in 2016 but was repeatedly delayed. The bill ultimately expired without a vote at the end of thelegislative session.[11][7]
On 17 March 2023, the government announced a proposal to amend the child protection law. Article 2-1 of the draft law expands the definition of information harmful to the health and development of children to include content that: "denounces family and traditional societal values, promotes non-traditional sexual relations and initiates disrespect towards parents or other family members". The bill was passed by parliament on 22 June 2023 and signed into law by the president on 14 August 2023. The law also includes other amendments, such as prohibiting the promotion of information that encourages children to commit suicide, consume drugs, tobacco and alcohol, participate in gambling, prostitution and begging. The law neither defines key terms such as "family values" or "non-traditional sexual relations," nor does it explicitly mentionsexual orientation andhomosexuality.[12][13]
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| Same-sex sexual activity legal |  (Since 1998) |
| Equal age of consent (16) | (Since 1998) |
| Freedom of expression | / (Some laws censor LGBT issues)[clarification needed][citation needed] |
| Anti-discrimination laws in employment only | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (including indirect discrimination, hate speech) | |
| Same-sex marriages | (Constitutional ban since 2016) |
| Recognition of same-sex couples | |
| Stepchild adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| LGBT people allowed to serve openly in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood | |
