Posted by: kyrgyzlabrys | July 23, 2007

response from the ombudsman’s office about transgender documents change query

Translation of the letter that one FTM from ‘Labrys’ received in response to his query about the possibilities to change documents.?Ombudsman of the Kyrgyz Republic

194 Moskovskaya St., Bishkek, 720010

July 17, 2007

No. 35-13/2936

Ms. A. XXXX (name taken out for confidentiality reasons)

Apt. 52, Bldg. 30

Vostok-5

Bishkek, Kyrgyzstan

Dear XXXX,

Having reviewed your appeal, we inform you of the following.

As a citizen of the Kyrgyz Republic, regardless of your sexual orientation, you have the right to acquire and to amend a passport or any other personal identity document in the interest of protecting and manifesting your rights and freedoms on the territory of the republic and beyond its borders. However, you do not have the right to change your surname or name to one of the opposite sex when acquiring or amending a passport.

There is no law in Kyrgyzstan that governs the issuing and amending of a passport for people of nontraditional sexual orientations who have evinced a desire to change their surname or name to that of the opposite sex.

The absence of an established procedure testifies that sex-change operations are not performed in Kyrgyzstan.

On the grounds mentioned above, we recommend that you first undergo a sex-change operation in a country where such operations are performed. Then, having received a corresponding medical certificate showing the change of sex, you have the right to submit an application to the authorized passport agency of the Kyrgyz Republic to acquire (amend) a new passport with an amended surname and name of the opposite sex.

In addition, according to the first clause of Article 28 of the Constitution of the Kyrgyz Republic, “”Citizens of the Kyrgyz Republic have the right to work freely, to manage their own working capabilities, to choose [their] profession and line of work, and to [enjoy] security and safe and hygienic working conditions, as well as the right to compensation for labor and to social security no lower than the minimum living wage established by law.””

Accordingly, as a citizen of the Kyrgyz Republic, you have the right to enjoy such constitutional rights regardless of your sexual identity or orientation.

If you encounter obstacles in obtaining work, you have the right to appeal to us for assistance.

Respectfully Yours,

T. Koshokov

Deputy Ombudsman

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