Central Asia’s most prosperous state, Kazakhstan attracts a large number of migrant workers from surrounding countries, mainly Uzbekistan, Russia, and Tajikistan. While authorities note the need for skilled migrants to join the country’s workforce as part of the country’s Migration Policy Concept 2023-2027, Central Asian migrants–commonly employed as low-wage labourers–have often been the focus of widespread migrant raids for arrest, detention, and deportation. In recent submissions to the UN Human Rights Committee, the GDP and partner ILI brought critical attention to the country’s treatment of foreigners, prompting the committee to issue important recommendations.
Targeting Foreigners
Central Asian migrant workers are often hired informally and irregularly in Kazakhstan. According to an IOM survey (April-May 2024, in which 1,845 foreign migrant workers were interviewed), 34 percent reported working without formal contracts. Such workers face numerous vulnerabilities–including wage theft or non-payment; a lack of access to labour dispute mechanisms; denial of health insurance, paid sick leave, and annual leave; and risk of detention and deportation.
As we highlighted in a recent joint submission to the UN Committee on Human Rights (CCPR) with the International Legal Initiative, reports indicate that Kazakh authorities target specific nationalities for immigration-enforcement measures. In the aftermath of the Moscow Crocus City Hall terrorist attack in March 2024, for which four Tajiks were arrested and charged for terrorism offences, Kazakhstan has targeted Tajiks and Uzbeks in particular. In March 2024, for instance, authorities conducted widespread raids which led to the detention and deportation of hundreds of migrant workers. According to local media, 1,240 migrants were deported following this operation, although there is very little information regarding where, in what conditions, and for how long migrants were detained–and the GDP is concerned that the detainees were treated with lack of due process.
Non-citizens are also targeted for arrests aimed at quelling social arrest. During the January 2022 “Qandy Qantar” protests, President Tokayev quickly laid blame on “bandits” and foreign “terrorists,” and migrants and asylum seekers were amongst those swept up in raids. In one case, approximately 100 foreigners (Uzbeks, Kyrgyz, and Tajik citizens) as well as Kazakhs were detained in a detention facility in Koshmambet Village, and experienced treatment amounting to torture. While the ILI has supported the 23 Uzbeks detained here, only three have received compensation from the Kazakh government.
The GDP brought these concerns to the attention of the UN Human Rights Committee (CCPR)–and together with the ILI, was the only organisation to publicly address these issues during the committee’s review. While some recommendations were not taken up by the CCPR, the committee did respond with several significant points:
GDP Recommendation: “Demand that Kazakhstan immediately halt all practices amounting to torture, inhuman and degrading treatment in detention centres, and that allegations of torture and mistreatment be investigated and perpetrators prosecuted.”
- CCPR: “34 (d) Taking all measures necessary to prevent torture and other cruel, inhuman or degrading treatment or punishment, including by strengthening the training provided to judges, prosecutors, law enforcement officials and health and forensic personnel on international human rights standards such as the Principles on Effective Interviewing for Investigations and Information-Gathering (the Méndez Principles).”
GDP Recommendation: “Ensure that Kazakhstan provides adequate compensation to all non-nationals who experience torture and abuse at the hand of Kazakh law enforcement personnel.”
- CCPR: “34 (c) Ensuring that victims of torture and ill-treatment have, both in law and practice, access to full reparation, including rehabilitation, adequate compensation and the possibility of seeking civil remedies independent of criminal proceedings”
Deportation, Refoulement, and Extraditions
Although Kazakhstan has publicly noted that “the Refugees Act prohibits the expulsion or return of refugees to the border of a country where their lives or freedom are threatened on account of their race, religion, nationality, social group or belief,” the country often fails to ensure that no person is returned to a country where their life or freedom would be threatened. In one case, the government deported a Russian conscientious objector (Mikhail Zhilin), who had applied for asylum in Kazakhstan.
The country is also party to several agreements such as the Shanghai Convention on Combating Terrorism, Separatism and Extremism, which obligate Astana to cooperate on extraditions–but which do not provide guarantees for individuals’ protection. In 2024, authorities arrested a Karakalpak human rights defender at Tashkent’s request–despite the fact that Karakalpak activists’ vulnerability to torture and politically motivated persecution in Uzbekistan has been well documented.
The country’s Refugee Act, meanwhile, states that anyone entering the country irregularly can apply for asylum. However, a lack of appropriate formal procedures for handling asylum applications at border points means asylum seekers are often vulnerable to arrest and detention–without any consideration given to their desire to apply for protection.
The GDP and ILI presented these concerns to the CCPR, which subsequently reflected many of these issues in its Concluding Observations:
GDP Recommendation: “Encourage Kazakhstan to establish an asylum referral procedure at border entry points.”
- CCPR: Kazakhstan should “guarantee unhindered access to fair, efficient and effective refugee status determination procedures for people who seek international protection at all border points” (40).
GDP Recommendation: “Remind the State party that no person should be expelled, extradited, removed, or pushed back to a country where there are substantial grounds to believe that they will face persecution, and to ensure the implementation of the principle of non-refoulement. Authorities should bring domestic legislation in line with international legislation–specifically the Convention relating to the Status of Refugees.”
- CCPR: “The State Party should enhance the protection of refugees and asylum-seekers, without discrimination. It should consider amending its Law “On Refugees” to ensure that asylum procedures are fully aligned with international standards, and that no person is expelled, extradited or otherwise returned to a country where they would face a risk of persecution, in line with the principle of non-refoulement” (40).
Unaddressed Issues
Although the UN Human Rights Committee addressed a number of the key concerns highlighted by the GDP and ILI, several important recommendations were not reflected in the committee’s concluding observations. Specifically, the committee did not highlight the need for Kazakhstan to improve transparency surrounding detention operations by providing disaggregated statistics detailing the number of detained non-nationals, or by clarifying where non-nationals are detained. Notably, the committee also refrained from reminding Kazakhstan of the primacy of international human rights legislation over international and regional political agreeements–a concerning omission given Kazakhstan’s prioritisation of extradition agreements at the expense of human rights protections.
