LGBT rights in Kyrgyzstan
Kyrgyzstan
StatusLegal since 1998[1]
Gender identityTransgender people allowed to change gender following surgery
MilitaryNo
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex unions
RestrictionsConstitutional ban since 2016
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) persons in Kyrgyzstan face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Kyrgyzstan, but same-sex couples and households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex married couples.[1]

Since the Dissolution of the Soviet Union, Kyrgyzstan has come increasingly under the influence of Islam and socially conservative attitudes tend to dominate within the society. Reports of discrimination and violence against LGBT people are frequent.[2]

Law regarding same-sex sexual activity

Consensual sexual acts between persons of the same sex have been legal in Kyrgyzstan since 1998. The heterosexual and homosexual age of consent is 16.[1]

Recognition of same-sex relationships

Kyrgyzstan does not recognise same-sex marriage or civil unions.

Since 2016, the Kyrgyz Constitution has explicitly banned same-sex marriage.[3]

Gender identity and expression

Transgender people are allowed to redefine their gender legally in Kyrgyzstan, but require undergoing sex reassignment surgery. The first such surgery was performed in Bishkek in January 2014.[4]

Living conditions

Most people in Kyrgyzstan have prejudices against homosexuality, usually rooted in social conservatism and lingering preconceptions dating from the Soviet period. As a result, LGBT 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 LGBT rights resulted in a somewhat "liberal" scene and safe haven for LGBT people, especially in the capital Bishkek. In 2014, however, the Government launched a series of legal reforms including an "anti-gay propaganda law". This has led to the LGBT community being thrust into the spotlight, and a near 300% increase in attacks against LGBT people.[5]

Bishkek's only gay bar, London, had to shut down in 2017.[3]

According to 2018 reports, police officials have been blackmailing LGBT people on social media and dating sites, requesting between 5000 and 30,000 soms (70 to 500 U.S. dollars).[2]

Activism

There are multiple LGBT groups in Kyrgyzstan, including Kyrgyz Indigo (Kyrgyz: Кыргыз Индиго) and Labrys (Лабрис), founded in 2004. Labrys staff also conduct training for doctors and psychiatrists on sexual orientation and gender identity.

In recent years, more and more politicians have resorted to use openly homophobic rhetoric. On 8 March 2019, a peaceful march of about 400 people occurred in the capital Bishkek. Although the march was meant to commemorate the International Women's Day, it saw a heavy bent towards LGBT issues, which the media then dubbed Kyrgyzstan's "first gay pride march". The event, however, drew notable controversy, especially from members of parliament who expressed murderous threats to the participants. MP Jyldyz Musabekova wrote on Facebook 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 organisers defended the march and the presence of LGBT rainbow flags. Bektour Iskender, founder of the popular Kloop news website and a participant in the march, said, "I think it's very cool that the LGBT 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".[6][7] LGBT activists described the event as "a turning point".[8]

Freedom of expression

In 2014, a bill was introduced to the Parliament to criminalise expression which creates "a positive attitude toward non-traditional sexual relations, using the media or information and telecommunications networks."[9] On 15 October, the bill passed its first reading, in a 79–7 vote. It has received wide international opposition, and has been delayed multiple times. A final vote on the bill was expected to take place in 2016, but was not voted on and died at the end of the legislative session.[5]

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 as follows: “[information] 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 the parliament on 22 June 2023 and signed into law by the president on 14 August 2023. Unlike Hungary's "law on the protection of children" or Florida's "parental rights in education act", the law does not mention sexual orientation or homosexuality explicitly. The law also does not define "family values" and "non-traditional sexual relations".[10][11]

Summary table

Same-sex sexual activity legal Yes (Since 1998)
Equal age of consent (16) Yes (Since 1998)
Freedom of expression Yes/No (Some laws censor LGBT issues)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (including indirect discrimination, hate speech) No
Same-sex marriages No (Constitutional ban since 2016)
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people allowed to serve openly in the military No
Right to change legal gender Yes (Requires surgery)[12]
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes

See also

References

  1. 1 2 3 "State-sponsored homophobia – A world survey of laws: Criminalisation, protection and recognition of same-sex love" (PDF). Archived from the original (PDF) on 17 July 2013. Retrieved 8 June 2013.
  2. 1 2 Exclusive: Police are ‘blackmailing gay and bisexual men’ in Kyrgyzstan
  3. 1 2 Curtain Falls On Bishkek's Lone LGBT Club Amid Worsening Atmosphere
  4. ↑ First Kyrgyz Sex-Change Surgery A 'Success'
  5. 1 2 Katie Arnold (19 October 2017). "'All of us will be victims at some point': why Bishkek's only gay club closed". The Guardian.
  6. ↑ Pete Baumgartner (16 March 2019). "Rainbow Rage: Kyrgyz Rail Against LGBT Community After Central Asia's 'First' Gay-Pride March". Radio Free Europe/Radio Liberty.
  7. ↑ ""Лабристин" укук коргоочулары аялдардын укугу үчүн жөө жүрүштө эмне үчүн ЛГБТ да болгонун түшүндүрүп беришти". Kloop (in Kyrgyz). 11 March 2019.
  8. ↑ Margot Buff (1 July 2019). "'If Not Now, When?' LGBT Movement Gains Momentum in Kyrgyzstan". Radio Free Europe/Radio Liberty.
  9. ↑ Kyrgyzstan Considers 'Gay Propaganda' Ban
  10. ↑ "Statement: Kyrgyzstan targets LGBTI communities in a new law". www.ilga-europe.org. 23 August 2023. Retrieved 25 August 2023.
  11. ↑ "Kyrgyzstan's Anti-Gay Bill to Outlaw Homosexuality, Activists Say | Eurasianet". eurasianet.org. Retrieved 12 July 2021.
  12. ↑ Masci, David (11 February 2014). "Gay rights in Russia and the former Soviet republics". Pew Research Center. Retrieved 11 December 2016.
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