Analytical Note on the Topic: ‘The Law of the Kyrgyz Republic ”On Freedom of Religion and Religious Associations“: Reasons for the Reform and Law Enforcement Practice (1991–2026)
Мар 27.2026
Analytical Note
The Law of the Kyrgyz Republic "On Freedom of Religion and Religious Associations": Reasons for Reform and Law Enforcement Practice (1991–2026)
Executive Summary:Analytical Note on the Topic: ‘The Law of the Kyrgyz Republic ”On Freedom of Religion and Religious Associations“: Reasons for the Reform and Law Enforcement Practice (1991–2026)
The legislation of the Kyrgyz Republic on freedom of religion has undergone several stages of transformation since independence, moving from a comparatively liberal model of the early 1990s toward a more regulated system of state control.
The key regulatory act became the Law "On Freedom of Religion and Religious Associations." Its new edition, adopted in 2008, substantially changed the conditions under which religious organizations operate. More stringent registration requirements were introduced, and the state's powers in regulating religious associations were strengthened.
The next stage of reforms came in 2025, when a new law was adopted that clarified the legal status of religious entities and expanded state regulatory instruments in this sphere.
In 2026, the Cabinet of Ministers submitted to the Jogorku Kenesh a draft law "On Amendments to Certain Legislative Acts of the Kyrgyz Republic in the Religious Sphere." The document provides for a number of new restrictions, including a ban on minors traveling abroad for religious education at unrecognized institutions, fines for parents who violate this ban, more complex procedures for registering religious organizations, and the creation of a digital registry for tracking them. Additionally, the bill introduces expanded theological examination. According to its initiators, these measures are intended to protect children from ideological influence abroad and make the system of tracking religious activity more transparent.
These legislative initiatives were driven not only by the state's desire to tighten control over the religious sphere, but also by significant growth in the country's religious infrastructure. According to official statistics, as of 2024, 4,362 religious organizations are registered in Kyrgyzstan — 3,966 Islamic, 390 Christian, and six representing Judaism, Buddhism, and new religious movements. Over three years, from 2022 to 2024, their total number grew by approximately 17.5%, meaning 651 new religious associations appeared in the country.
Against this backdrop, authorities increasingly invoke the risks of religious extremism and the need to strengthen regulation — in particular through tighter registration requirements for organizations and oversight of religious education abroad. However, human rights organizations warn that a number of provisions, especially new barriers for small denominations and additional registration criteria, may in practice narrow the space for freedom of religion and complicate the activities of religious minorities in Kyrgyzstan.
1. Background to the Regulation of the Religious Sphere (1991–2008)
After the collapse of the USSR, Kyrgyzstan inherited a comparatively liberal model for regulating the religious sphere. The 1991 Law enshrined broad guarantees of freedom of religion and envisaged minimal state interference in the activities of religious associations.
However, by the mid-2000s state policy began to change. The authorities faced a number of new challenges, including the rapid growth in the number of religious organizations and missionary structures, the spread of previously little-known religious movements, and heightened concerns about possible radicalization and religious extremism.
Against this backdrop, a revision of the legislative framework began. In 2007–2008, the State Agency for Religious Affairs, led by Kanybek Osmonaliev, initiated the drafting and promotion of a new law "On Freedom of Religion and Religious Organizations in the Kyrgyz Republic." In 2008, the Jogorku Kenesh adopted its new edition, and on December 31 of the same year, despite numerous objections and criticism from international experts and religious organizations, it was signed by President Kurmanbek Bakiev.
The new edition of the law introduced a number of additional requirements and restrictions. In particular, mandatory state registration of religious organizations was established, a minimum threshold of 200 founding members was set for their creation, and oversight of missionary activities was strengthened. The law also restricted the distribution of religious literature, permitting it only in specially designated locations — specifically, in shops or buildings of religious communities — which substantially narrowed opportunities for its use in private and public life.
According to assessments by a number of experts and researchers, such provisions significantly complicated the registration of religious minorities and strengthened administrative state control over the religious sphere. Critics of the law noted that certain provisions directly or indirectly affected fundamental human rights enshrined in international treaties — in particular, the right to recognition as a person before the law (Article 16 of the International Covenant on Civil and Political Rights), freedom of thought, conscience, and religion (Article 18), freedom of expression (Article 19), equality before the law and the right to equal protection (Article 26), as well as the rights of religious minorities to full participation in public life (Article 27 of the ICCPR), including for foreigners and stateless persons.
Experts also reminded that the Constitution of the Kyrgyz Republic explicitly enshrines the priority of international human rights standards, that norms of international treaties have direct effect and take precedence over norms of other international agreements, and that international law is an integral part of the national legal system.
2. Post-Revolutionary Period and Law Enforcement Practice (2010–2020)
Following the adoption of the Constitution of the Kyrgyz Republic in 2010, a need arose to bring religious legislation into conformity with the new constitutional principles and the country's international human rights obligations.
As part of this work, on August 30, 2010, with support from the UN Development Programme and the regional office of the UN Office of the High Commissioner for Human Rights, a new draft law "On Freedom of Religion and Religious Organizations" was prepared. Its development involved experts from the Kyrgyz Ministry of Justice and Roman Podoprigora, a member of the OSCE ODIHR Advisory Council on Freedom of Religion. In May 2011, the draft was submitted to the Ministry of Justice and then to the Government, but it never reached the Jogorku Kenesh for consideration. As a result, the 2008 law continued to be in force — a law that, in the opinion of many experts, did not conform either to the provisions of the 2010 Constitution or to the international human rights treaties to which the Kyrgyz Republic is a party.
Attempts to change the existing regulation were made later as well. In March 2012, Jogorku Kenesh member Tursunbay Bakir uulu proposed amendments to the 2008 law envisaging the transfer of authority for expert examination of religious literature from the state to two "traditional" confessions — the Spiritual Administration of Muslims of Kyrgyzstan and the Russian Orthodox Church. The initiative drew sharp criticism from Abdillatif Zhumabayev, Director of the State Commission for Religious Affairs, and from representatives of religious organizations. As a result, on May 31, 2012, parliament sent the amendments for revision, and the final text vested the right to conduct expert examination in state bodies — the State Commission for Religious Affairs, the State Committee for National Security, and the Ministry of Internal Affairs — while full consultations with religious associations never took place.
In autumn 2012, the State Commission for Religious Affairs proposed a new package of amendments aimed at expanding the powers of the state religious body and strengthening the role of the Spiritual Administration of Muslims of Kyrgyzstan and the Russian Orthodox Church. In the opinion of critics, such proposals contradicted the principle of a secular state and the requirement of governmental neutrality toward different confessions. The Kyrgyz Parliament ultimately rejected these amendments.
In spring 2013, MP Kanybek Osmonaliev and then-Speaker Asylbek Zheenbekov initiated a separate bill "On Religious Education," which envisaged the introduction of state standards for confessional education. Critics viewed this initiative as state interference in the internal affairs of religious communities and as a step capable of undermining the principle of the secular character of the state. The bill underwent legal expert review by the OSCE ODIHR and was found to be inconsistent with Kyrgyzstan's international human rights obligations.
In parallel, attempts were made to strengthen administrative liability in the religious sphere. In 2012–2013, the Ministry of Justice and the Government twice initiated amendments to the Code on Administrative Responsibility providing for substantial fines for missionary activity, proselytising, religious activity without registration, and involving minors. However, parliament did not support these proposals.
Nevertheless, state control over religious organizations was gradually strengthening. On December 20, 2012, the Director of the State Commission for Religious Affairs signed Order No. 116 "On the Form and Deadlines for Religious Organizations to Submit Reports on Their Activities," which entered into force on March 19, 2013. The document obligated religious associations to regularly provide detailed information about internal activities, foreign trips by leaders, financial transactions, and the distribution of religious literature. Representatives of the Islamic, Orthodox, Protestant, Jewish, and Buddhist communities sent a joint appeal requesting that the order be rescinded, viewing it as interference in the internal affairs of religious organizations. However, the document remained in force. Organizations that failed to submit reports received warnings about possible suspension of activities or court-ordered dissolution. In practice, Order No. 116 strengthened administrative state control and created formal grounds for pressure on religious associations.
A significant precedent was also set by judicial practice. In 2014, the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic declared certain provisions of the 2008 law unconstitutional. The occasion was a complaint by the religious organization Jehovah's Witnesses, which had been repeatedly denied registration in the southern regions of the country over a period of four years. Despite the fact that the organization had received national registration as early as 1998 and had previously operated freely throughout the country, after the 2008 law entered into force, law enforcement bodies began conducting raids on its religious meetings in the southern regions, citing the absence of local registration. The state religious affairs body effectively blocked the community's attempts to undergo re-registration locally. The Constitutional Chamber's ruling of September 4, 2014 removed these restrictions and confirmed the principle of equality of all religious associations before the law. The court emphasized that no confession may enjoy a more favorable legal regime compared to others.
3. Preparation of the New Edition of the Law (2022–2024)
By the beginning of 2020, the religious infrastructure of Kyrgyzstan had expanded noticeably, with the total number of religious organizations in the country exceeding 3,000. Authorities began to view this growth as one argument in favor of further reforming religious legislation.
In 2022, a special working group was established and tasked with conducting a comprehensive analysis of existing legislation and law enforcement practice. It was assigned several key tasks: to identify gaps and contradictions in the regulatory framework, prepare a new edition of the religion law, and improve the system for tracking religious organizations.
In 2023–2024, the bill was actively discussed in parliament and among expert communities. At the center of debate were issues of regulating missionary activity, controlling the distribution of religious literature, and introducing administrative liability for violations of legislation in the religious sphere.
Certain provisions of the bill sparked lively debate among MPs. For example, parliamentarian Dastan Bekeshev proposed reducing the fine for wearing a niqab in public places from 20,000 to 5,000 soms, but his initiative did not receive majority support.
A substantial block of amendments concerned the regulation of foreign religious education. The bill envisaged that citizens planning to study abroad would need to obtain prior approval from the State Commission for Religious Affairs and the leadership of their religious organization. According to the authors of the document, such a mechanism would help prevent the influence of destructive religious movements and simultaneously ensure more transparent tracking of those studying abroad.
Furthermore, the draft law proposed banning door-to-door canvassing for the purpose of distributing or imposing religious beliefs. This norm effectively introduced additional restrictions on missionary activity and the practice of public religious preaching.
4. Entry of the Law into Force (2025)
In December 2024, the Jogorku Kenesh approved the bill "On Freedom of Religion and Religious Associations" in its second and third readings and sent it to the President for signature.
On January 21, 2025, the President signed the document (Law No. 18), marking a new stage in the reform of state religious policy.
The adopted version of the law introduced a number of additional regulatory mechanisms for religious activity. In particular, rules for conducting sermons were clarified, oversight of religious activity on the internet was expanded, and the wearing of face-covering clothing was prohibited in state institutions and public places. Certain provisions also touched on the participation of religious figures in political life: to participate in elections, they must temporarily renounce their religious authority. In this way the state seeks to formally demarcate the religious and political spheres.
Following the law's adoption, the government began developing subordinate legislation necessary for its practical implementation. In June 2025, the Cabinet of Ministers approved procedures for importing and distributing religious materials, conducting state theological examination, and a system for tracking religious literature and other religious products. These documents established procedures for state oversight of the circulation of religious materials and the activities of religious organizations.
In parallel, the State Commission for Religious Affairs began holding meetings with representatives of various confessions and religious associations, explaining the provisions of the new law and the procedure for its application.
The 2025 revision of the law represented an attempt to update the regulatory framework and adapt it to the changed religious situation in Kyrgyzstan. However, even at the law enforcement stage, a number of problematic aspects emerged. The requirements regarding the number of founding members and registration procedures remain, in the opinion of experts, a serious barrier for small religious groups. On the other hand, state policy aimed at preventing radicalization is accompanied by increased administrative control, which is often perceived as a restriction of freedom of religion. Moreover, regulation of the religious sphere remains largely concentrated in the hands of state bodies — above all the State Commission for Religious Affairs — which strengthens institutional centralization and narrows the autonomy of religious communities.
5. International Reaction to Kyrgyzstan's Religious Legislation (2008–2026)
International criticism of Kyrgyzstan's religious legislation began to sound more actively after the adoption of the Law "On Freedom of Religion and Religious Associations" in 2008. A number of international organizations, including the Organization for Security and Cooperation in Europe, the Venice Commission of the Council of Europe, Human Rights Watch, and the United States Commission on International Religious Freedom (USCIRF), stated that such norms substantially restrict freedom of religion.
The main objections concerned key provisions of the law such as the requirement of at least 200 founding members for registering a religious organization, the ban on activities by unregistered communities, and restrictions on missionary activity and the distribution of religious literature. In the opinion of international experts, such requirements create disproportionate barriers for religious associations, especially for small denominations.
In subsequent years, international human rights organizations continued to closely monitor the situation. Their reports regularly noted difficulties related to the registration of religious communities and the risks of pressure on religious minorities. Some religious organizations attempted to challenge existing restrictions through legal proceedings. One of the most well-known examples was the litigation initiated by the religious association Jehovah's Witnesses.
A new wave of criticism emerged in 2023, when the next bill on reforming religious legislation was introduced. Among the proposed changes, discussion included increasing the minimum number of founding members required to register a religious organization to 500 persons, as well as introducing a restriction whereby religious associations could only operate within the territory of their registration.
In 2024, UN Special Rapporteurs expressed concern about a possible strengthening of state control over the religious sphere. They warned that some of the proposed norms could conflict with Kyrgyzstan's obligations under the International Covenant on Civil and Political Rights.
Following the adoption of the new edition of the law in 2025, USCIRF stated that the changes strengthen state control over religious organizations and may further complicate the procedure for their registration.
In general, international organizations have for many years called on Kyrgyzstan to ease registration requirements, reduce excessive forms of state control, and ensure more reliable protection of the rights of religious minorities. The authorities, for their part, explain the reforms being carried out as necessary to counter religious extremism and to preserve the secular character of the state.
6. Practical Implementation of the Law "On Freedom of Religion and Religious Associations" (2026)
For the period from September 1, 2025 to June 30, 2026, a draft law of the KR "On Amendments to the Law of the Kyrgyz Republic 'On Freedom of Religion and Religious Associations'" was developed. The basis was the instruction of the President of the KR dated January 22, 2025, and the government's legislative work plan for 2025–2026. The main objective of the initiative is to protect the rights of children and prevent radicalization associated with the education of minors in foreign religious educational institutions. According to the developers, cases have been recorded of adolescents traveling to foreign madrasahs and religious schools, some of which operate without accreditation and may exert ideological influence on students.
The bill provides for changes across several normative acts — the laws on religion, education, and external migration, as well as the Code on Offenses and the Code on Children. The key innovation is a direct ban on citizens under 18 years of age traveling abroad to receive religious education. Parents who send a child for such studies may be held liable, and fines are introduced for organizing or facilitating such travel — 200 calculated units for natural persons and 650 for legal entities. The restriction is established in several laws simultaneously, including legislation on migration and education.
The authors of the reform believe the ban will help prevent the radicalization of youth, protect the child's right to secular education, and simplify state monitoring of religious instruction. However, such measures may be perceived as state interference in the right of parents to raise their children, and controlling the actual purposes of travel abroad may prove difficult. In addition, the ban potentially could stimulate informal and concealed forms of religious education.
The amendments also envisage changes within religious legislation. The bill introduces new legal concepts — "state registry of religious activity subjects" and "minors" — which will allow the systematization of data on religious organizations and increase transparency in the sector. It is important to note that such a registry could become an instrument for additional monitoring of religious groups.
The procedure for forming central bodies of religious organizations will also change. Each organization will now receive one vote in the election of the central governing body, which is intended to simplify the creation of such structures for small denominations. This is one of the few liberalizing amendments — it reduces bureaucratic barriers and makes the governance system more flexible.
A separate block of amendments concerns religious education and the activities of religious educational institutions. Formally, some documents required for registration are excluded; however, the state body retains the right to request additional information. This construction has a dual effect: on one hand, formal requirements are reduced; on the other, officials' discretionary powers are expanded.
One of the most positively regarded innovations is the digitization of registration for religious organizations, with documents proposed to be submitted through the state electronic services portal. This could reduce corruption risks, speed up administrative procedures, and increase transparency.
At the same time, the bill strengthens control over religious literature. The state body is granted the right to conduct theological examination of materials and issue written permission for their use. Supporters of the norm view it as an instrument for combating extremist propaganda, while critics warn of the risk of censorship of religious texts and restrictions on freedom of expression of beliefs.
Additional changes concern religious events. If previously their holding required notification of the authorities, it is now proposed to introduce additional coordination with the authorized state body for religious affairs — effectively shifting the system from a notification to a permission-based mode. This strengthens state regulation over the content of such events, but may simultaneously restrict freedom of assembly.
Overall, analysis of the bill reveals a dual tendency. The majority of amendments are aimed at strengthening state regulation through control over education, literature, events, and the creation of a registry of religious organizations. At the same time, elements of partial liberalization are present — above all the digitization of registration procedures and the simplification of forming central bodies of religious associations.
7. Human Rights Defenders Consider the New Bill "On Amendments to the Law of the Kyrgyz Republic 'On Freedom of Religion and Religious Associations'" Unconstitutional
The human rights movement "Bir Duino — Kyrgyzstan" issued a press release criticizing the bill's authors, pointing out its violations of the constitutional rights of citizens. The organization draws attention to violations of citizens' constitutional rights in connection with the proposal to ban minors from traveling abroad for religious education and to impose liability on parents and third parties who facilitate such travel. The document presents legal arguments and a call to withdraw the initiative.
In particular, in its press release, the human rights defenders of "Bir Duino — Kyrgyzstan" report that on February 23, 2026, the Chairman of the Cabinet of Ministers of the KR submitted to the Jogorku Kenesh of KR a draft law "On Amendments to Certain Legislative Acts of the Kyrgyz Republic in the Religious Sphere" (amending the Code on Children, the Code on Offenses, the laws "On External Migration," "On Education," and "On Freedom of Religion and Religious Associations"). The document provides for a complete ban on citizens of the KR under 18 years of age leaving the country for the purpose of receiving religious education, and also introduces liability for parents and other persons who facilitate such travel. It is proposed to add a separate Part 9 to Article 142 of the Code on Offenses, according to which a minor's travel abroad for religious education, or facilitation of such travel, would incur a fine of 20,000 soms for natural persons and 65,000 soms for legal entities.
The explanatory memorandum notes that the initiative was prepared in execution of presidential instructions and is aimed at protecting the rights and interests of children, as well as ensuring national security. The authors point to cases of minors being taken to foreign religious educational institutions with a destructive character of instruction, risks of adolescents being drawn into radical and extremist structures, and subsequent problems with social adaptation upon returning to their homeland.
However, the NGO "Bir Duino — Kyrgyzstan" notes that the proposed norms contradict a number of provisions of the Constitution of the KR and, if adopted, would violate the rights and freedoms of citizens of Kyrgyzstan established by the country's main law.
First and foremost, the explanatory memorandum notes certain cases of minors receiving instruction in foreign religious educational institutions with a "destructive character of education." In this connection, restrictions for citizens of Kyrgyzstan are proposed. However, the bill does not provide a clear algorithm for determining which specific educational institutions have a "destructive character of education." Thus, if there is no possibility of their objective differentiation, it is proposed to consider absolutely all foreign religious educational institutions as such — which, of course, does not correspond to objective data and circumstances.
It should be noted that in the world today, hundreds of different religions and beliefs are practiced to varying degrees. Three to five major world religions are distinguished (Christianity, Islam, Judaism, Buddhism, Hinduism, and others), encompassing the majority of believers, as well as thousands of local cults and movements. At the same time, adherents of any of them may establish, within the framework of the current legislation of their country, an educational institution in accordance with their religious doctrine. Accordingly, restricting the right of a citizen of Kyrgyzstan who has not reached the age of 18 to study in any foreign educational institution of their choice, if it operates on a legal basis, is unjustified and disproportionate to the goals stated in the explanatory memorandum to the bill — which contradicts Part 2 of Article 23 of the Constitution of the KR.
Second, the constitutionally guaranteed right of everyone to profess individually or jointly with others any religion or to profess none (Part 2 of Article 34), the right to freely choose and hold religious and other beliefs (Part 3 of Article 34) presupposes the study and understanding of the foundations of a given religion or belief, which have their origin in "sacred scriptures" and other sources. These constitutional guarantees cannot be realized without ensuring the right of access to information, which is established by Part 1 of Article 33 of the Constitution of the KR: "Everyone has the right to freely seek, receive, store, use, and disseminate information orally, in writing, or in any other manner." At the same time, it may well be that the existing educational and training programs in Kyrgyzstan cannot satisfy the spiritual and other needs of our citizens. The bill restricts the exercise of the right to seek and receive information abroad.
Third, the provisions of the bill restrict the right of everyone to education (Part 1 of Article 46 of the Constitution of the KR). At the same time, Part 1 of Article 48 of the Constitution of the KR establishes that for the purpose of self-realization and personal development, everyone is guaranteed freedom of scientific, technical, artistic, and other forms of creativity, teaching, and education. Restricting the right of our citizens to receive education in a foreign religious educational institution operating on a legal basis is unconstitutional — and all the more so if there are no legal grounds or decisions to recognize its educational program as "destructive," radical, or extremist.
Fourth, a citizen of the Kyrgyz Republic has the right to freely leave the Kyrgyz Republic and return without hindrance. Restrictions on the right to leave are permitted only on the basis of law (Part 2 of Article 31 of the Constitution of the KR). As indicated in point one, the restrictions on the citizen's right to freedom of movement proposed by the bill are unjustified and disproportionate to the goals stated in the explanatory memorandum to the bill — which once again contradicts Part 2 of Article 23 of the Constitution of the KR.
On the basis of the aforementioned, the NGO "Bir Duino — Kyrgyzstan" calls on the initiator of the bill — the Chairman of the Cabinet of Ministers of the KR — to withdraw it in order to avoid violations of the constitutional rights of citizens of Kyrgyzstan.
8. Key Conclusions
The history of the Law "On Freedom of Religion and Religious Associations" shows that Kyrgyzstan's religious policy is shaped as a constant search for balance between guaranteeing freedom of religion and the state's desire to regulate the religious sphere. On one hand, the authorities seek to reduce the risks of the spread of radical ideologies and strengthen institutional control. On the other hand, international organizations and human rights bodies regularly remind of the need to comply with international standards in the area of religious freedom.
The evolution of legislation bears witness to a gradual tightening of requirements for religious organizations. The 2008 law laid the principal mechanisms of state control — above all through registration procedures and the regulation of missionary activity. The 2025 edition strengthened these instruments by introducing additional institutional barriers, including more complex registration procedures and requirements related to re-registration. Taken together, this reflects a transition toward a more centralized model for regulating the religious sphere.
Law enforcement practice shows that Kyrgyzstan has gradually formed a model of regulated religious freedom. Formally, legislation enshrines the right to freedom of religion; however, in practice, the state actively uses administrative and registration mechanisms to control the activities of religious organizations.
As a result, the country's religious policy remains a subject of ongoing interaction and discussion between state institutions, religious organizations, and human rights bodies. It is precisely in this dialogue that the search continues for a balance between ensuring public safety, the secular character of the state, and the protection of fundamental human rights.
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