Kazakhstan

Not Available

Immigration detainees

2019

Not Available

Detained children

2017

337

New asylum applications

2019

518

Refugees

2019

3,705,556

International migrants

2019

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

14 June 2020

A Group of Tajik Migrants at the Silk Road Checkpoint, (Azattyq.org,
A Group of Tajik Migrants at the Silk Road Checkpoint, (Azattyq.org, "Застрявших на казахско-узбекской границе таджикистанцев вернули на родину," Fergana, 3 June 2020, https://fergana.agency/news/118753/)

According to information submitted to the GDP by the International Legal Initiative (ILI), Kazakhstan has introduced a moratorium on new detention orders related to violations of migration legislation, and has temporarily ceased deportation proceedings. However, persons who commit other offences may still be placed in immigration detention, and no persons have been released. Meetings with lawyers, as well as relatives, have also been suspended. This system is due to remain in place until 10 July. While some detainees have been tested for Covid-19 (nine were confirmed to have the virus in Almaty), the ILI reports that not all detainees have had access to testing.

In recent years, increasing numbers of migrants have entered Kazakhstan. Most come from Tajikistan, Kyrgyzstan, and Uzbekistan, and many enter the country in search of employment in the construction and agriculture sectors. Although the country is today believed to host some 3.5 million migrants, more than half of these are believed to be undocumented due to difficulties navigating the registration system after their temporary registration period elapses. Lacking official IDs and registration papers, undocumented migrants are vulnerable to arrest, detention, and deportation.

According to the Central Asian Bueau for Analytical Reporting, although the government introduced unemployment benefits (100.42 USD per month) to help mitigate the economic effects of the lockdown, undocumented migrants cannot not access such payments. Without official IDs or residence permits, they may also not access key health services – and many have expressed fears that they will be arrested should they present themselves for testing or treatment. (Similar concerns about the lack of a “firewall” between health care and immigration authorities have been expressed by migrants and refugees in countries such as Germany (10 June update), Lebanon (2 June update) and South Africa (26 May update) during the pandemic.)

According to several reports, a group of more than 230 Tajik migrants—including pregnant women and children—were trapped for two months at the country’s border with Uzbekistan, in a car park in the Turkestan region. The group were attempting to return to Tajikistan but were blocked by closed borders until 2 June, when authorities facilitated their return home.


Last updated:

ENFORCEMENT DATA

Total Detainees/ Stock & Flow (Year)
Not Available
2019
Total Number of Children Placed in Immigration Detention (Year)
Not Available
2017
Criminal Prison Population (Year)
36,343
2017
49,821
2014
62,997
2010
51,538
2007
58,300
2004
88,421
2001
84,657
1998
85,448
1995
58,519
1992
Percentage of Foreign Prisoners (Year)
4.5
2017
Prison Population Rate (per 100,000 of National Population)
202
2017
290
2014
401
2010
336
2007
386
2004
590
2001
548
1998
534
1995
358
1992

POPULATION DATA

Population (Year)
18,800,000
2020
17,625,000
2015
International Migrants (Year)
3,705,556
2019
3,546,800
2015
International Migrants as Percentage of Population (Year)
20.1
2015
Refugees (Year)
518
2019
574
2018
608
2017
647
2016
708
2015
633
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
0.04
2016
0.04
2014
New Asylum Applications (Year)
337
2019
266
2016
288
2014
Refugee Recognition Rate (Year)
25.4
2014
Stateless Persons (Year)
7,690
2018
8,138
2017
8,451
2016
7,038
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
25.15
2018
12,601
2014
Remittances to the Country
855
2018
208
2014
Remittances From the Country
1,000
2018
Unemployment Rate
2018
2014
Net Official Development Assistance (ODA) (in Millions USD)
88.4
2014
Human Development Index Ranking (UNDP)
56 (High)
2015

B. Attitudes and Perceptions

MIGRATION-RELATED DETENTION

LEGAL & REGULATORY FRAMEWORK

Do Migration Detainees Have Constitutional Guarantees?
Yes (Constitution of Kazakhstan, Article 12(4): "4.Foreigners and stateless persons in the Republic shall enjoy rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by the Constitution, laws and international treaties." Aricle 21 : "1. Everyone who has a legal right to stay on the territory of the Republic of Kazakhstan shall have the right to freely move about its territory and freely choose a place of residence except in cases stipulated by law. 2. Everyone shall have the right to leave the territory of the Republic. Citizens of the Republic shall have the right to freely return to the Republic.") 1995 2017
1995 2018
Detention-Related Legislation
Code od Republic of Kazakhstan on administrative offences (2014) 2018
2014

GROUNDS FOR MIGRATION-RELATED DETENTION

LENGTH OF MIGRATION-RELATED DETENTION

Average Length of Immigration Detention
(10)

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

Types of Authorised Detention Monitoring Institutions
Kazakhstan Commissioner for Human Rights (National Human Rights Institution (or Ombudsperson) (NHRI))
2016
Is the NHRI Recognised as Independent by the Global Alliance of National Human Rights Institutions?
No
2016
Does NHRI Receive Complaints?
Yes
2016

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
VCCR, Vienna Convention on Consular Relations
1994
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1998
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
2006
2017
ICCPR, International Covenant on Civil and Political Rights
2006
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1998
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1998
2017
CRC, Convention on the Rights of the Child
1994
2017
CRPD, Convention on the Rights of Persons with Disabilities
2015
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2009
2017
CRSR, Geneva Convention Relating to the Status of Refugees
1999
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2008
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2008
2017
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2008
2008
Ratio of relevant international treaties ratified
Ratio: 13/19
Individual Complaints Procedures
Acceptance Year
Observation Date
CAT, declaration under article 22 of the Convention 2008
2008
2017
ICERD, declaration under article 14 of the Convention 2008
2008
2017
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 2009
2009
2017
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2001
2001
2017
Ratio of Complaints Procedures Accepted
Observation Date
4/8
2017

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2010
2017
No 2014
2017

REGIONAL HUMAN RIGHTS MECHANISMS

GOVERNANCE SYSTEM

Legal Tradition(s)
Civil law
2017

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS