Lesbian, gay, bisexual, and transgender (LGBT) persons in Kyrgyzstan may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Kyrgyzstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Law regarding same-sex sexual activity
Sexual acts between persons of the same-sex are legal in Kyrgyzstan since 1998.
Recognition of same-sex relationships
Same-sex unions are not legally recognised in Kyrgyzstan.
Discrimination protections
There are not any anti-discrimination laws.
Kyrgyzstan is known as an island of gay tolerance in an otherwise oppressive region. Some gay people come here from Uzbekistan and Turkmenistan, where homosexuality is punishable by law, in search of a more favourable and accepting environment. The number of gay and lesbian groups in the country is growing as a consequence.
Although the attitude to gays and lesbians in Kyrgyzstan is less hostile than in neighbouring states, people of non-traditional sexual orientation, especially gay men, are one of the most oppressed and discriminated groups in the country.
Most gays and lesbians in the country live in the capital, Bishkek, or in the northern part of the country, which is more liberal than other regions. In Bishkek, according to the Oasis NGO, the only organisation fighting to protect the rights of gay men, there are around 35,000 people of a different sexual orientation. The NGO officially works with just 6,500 of them who are open about their sexual orientation. Others remain undercover.
Theoretically, no one can refuse a gay person a job due to his or her sexual orientation. In reality, homosexuals are sacked under some pretext when their sexuality is revealed, but the official reason for their sacking does not mention their sexual orientation. A recent Oasis opinion poll indicated that most employers in the region would not hire a gay or lesbian if they were aware of the person's sexual orientation.
The situation of homosexuals in prisons is especially daunting as gay men are often openly victimised by inmates and the authorities. Almost half of such people in custody are physically abused, according to research.
The attitude towards lesbians is less hostile then towards homosexual men. Local tradition allows more freedom for public displays of affection by women. Nevertheless, in Kyrgyzstan lesbians are less visible than gay men and there are no figures for how many there are in the country.
Despite the fact that the situation in Kyrgyzstan is better than in other Central Asian counties, Elena said that she and most of her friends dream about migrating to western Europe or the USA. "We want to feel free to be who we are, to feel like normal people." Lesbian activists say there have been seven known cases so far in which homosexuals from Kyrgyzstan received asylum abroad for "the violation of their human rights" at home.
In future, gay rights organisations are planning to expand their activities to other regions such as Osh and Jalalabat in the south of Kyrgyzstan. These are conservative and traditional regions, where most of the population is Muslim. According to Oasis, research among 2,500 gay and lesbians in Osh city suggests that those of a different sexual orientation have no choice but to lead a double life. Many gay men are forced to get married and have children, and hide their sexuality from their family.
There are no support groups protecting the rights of sexual minorities in the south, because it is almost impossible to find someone to lead such an organisation. Many are afraid that participation in such an organisation would ruin their career, and relations with their family and friends.
For lesbians, according to Anna Dovgopol, it is equally difficult: "The society in the provinces is so closed, the topic of homosexuality remains taboo. For a lesbian there it is almost impossible to find other gay people."
LEGAL RECOGNITION
During the Soviet period, homosexuality was considered a crime. Article 121 of the USSR penal code sentenced men for "sodomy" for up to five years in jail. Officially, about 50,000 men were put away in Soviet jails or sent to Gulags under such charges; the real figure is believed to be much higher.
In Kyrgyzstan the ban on homosexuality was lifted in 1998 after concerted pressure from international human rights organisations. However, the Kyrgyz constitution does not explicitly mention the right to chose one's own sexual orientation.
The Kyrgyz legal system does not appear to be changing to take any further steps to secure the rights of gays and lesbians. It is too early to raise the question of official gay marriages, and legal adoption for same-sex couples in Kyrgyzstan is a long way off, activists say.
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