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 […]
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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
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MONITORING
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International Treaties Ratified
Ratification Year
Observation Date
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1998
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2009
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
Ratio of relevant international treaties ratified
Ratio: 13/19
Individual Complaints Procedures
Acceptance Year
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966
2009
2009
Relevant Recommendations or Observations Issued by Treaty Bodies
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Observation Date
Committee against Torture
Asylum system and non-refoulement
35.While noting the efforts made by the State party to provide protection to persons seeking asylum and to stateless persons, the Committee is concerned that the relevant provisions of the Criminal Code and the Code of Administrative Offences regulating expulsion and deportation for illegal crossing of the State border or violation of migration legislation do not contain provisions on the prevention of refoulement. As a result, persons seeking asylum are not exempted from administrative and criminal liability in case of illegal entry, the use of false documents or illegal stay in the territory of the State party, even though their proceedings on determining international protection might be still pending. While noting that the national legislation provides for the possibility to apply for asylum at the border, the Committee is concerned that the procedure in place lacks detailed instructions on the referral of asylum-seekers from border authorities, including at international airports and transit zones, to local executive bodies. Lastly, it notes that the State party has not yet acceded to the 1954 Convention relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness (arts. 2, 3 and 16).
36. The State party should ensure that no one may be expelled, returned or extradited to another State where there are substantial grounds for believing that he or she would run a personal and foreseeable risk of being subjected to torture. In particular, the State party should take legislative steps to amend the relevant legal provisions regulating expulsion and deportation for illegal crossing or violation of migration laws, in accordance with the principle of non-refoulement. In this connection, it should not expel asylum-seekers or refugees from its territory until there is a final decision, including on appeal. The State party should further establish an accessible asylum and referral procedure at all border points. The Committee encourages the State party to accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
2023
2023
2024
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REGIONAL HUMAN RIGHTS MECHANISMS
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Country Updates
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.
