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Kazakhstan/ Kyrgyzstan: Exploitation of Migrant Workers, Protection Denied to Asylum Seekers and Refugees of Person

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Kazakhstan/ Kyrgyzstan: Exploitation of Migrant Workers, Protection Denied to Asylum Seekers and Refugees of Person KAZakhSTAN/ KYRGYZSTAN: Exploitation of migrant workers, protection denied to asylum seekers and refugees of person. Article 4: No one shall be held in slavery Article 1: All human beings are born free and equal or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5: No one shall be subjected to in dignity and rights. They are endowed with reason and conscience and should act towards one another in a torture or to cruel, inhuman or degrading treatment or punishment. Article 6: Everyone has the right to recognition spirit of brotherhood. Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, everywhere as a person before the law. Article 7: All are equal before the law and are entitled without any discrimination without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the Declaration and against any incitement to such discrimination. Article 8. Everyone has the right to an effective basis of the political, jurisdictional or international status of the country or territory to which a person remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. or by law. Article 9: No one shall be subjected to arbitrary Article 3: Everyone has the right to life, liberty and security October 2009 N°530a Acknowledgements FIDH thanks representatives of the Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR) and the Kyrgyz Committee for Human Rights (KCHR) for their assistance in the preparation and conduct of the mission. This publication was supported by a grant from the OSI Assistance Foundation. 2 / Titre du rapport – FIDH Table of contents Introduction ................................................................................................................................ 5 I. Kazakhstan and Kyrgyzstan in a globalised world: Background information ................ 7 I.1. Economic and social situation ............................................................................................ 7 I.1.A. Kazakhstan I.1.B. Kyrgyzstan I.2. The political situation and principal human rights concerns ........................................ 10 I.2.A. Kazakhstan I.2.B. Kyrgyzstan I.3. International obligations versus regional commitments ................................................ 15 I.3.A. International obligations: progress lacking towards respect for human rights 1) Kazakhstan 2) Kyrgyzstan 3) European Union mechanisms: new opportunities for progress on human rights? I.3.B. Regional commitments II. International labour migration in Kazakhstan and Kyrgyzstan ................................... 26 II.1. Description of migratory flows ....................................................................................... 26 II.1.A. Kazakhstan: a country of immigration II.1.B. Kyrgyzstan: a country of emigration II.1.C. Women and migration II.2. Migration policy .............................................................................................................. 32 II.2.A. Migration policy in Kazakhstan 1) Legal framework 2) Policy implementation II.2.B. Migration policy in Kyrgyzstan II.3. Migration step by step: from crossing the border to escaping forced labour ............ 46 II.3.A. Crossing the border II.3.B. Problems regularising stay, receiving work permits and accessing social rights II.3.C. Risks of forced labour and exploitation II.3.D. Access to justice and the role of NGOs FIDH – Kazakhstan/ Kyrgyzstan / 3 III. Refugees and asylum seekers: Lack of protection and vulnerability ........................... 54 III.1. Lack of protection and vulnerability ............................................................................ 54 III.1.A. Insufficient national legal framework 1) Kazakhstan 2) Kyrgyzstan III.1.B. Implementation of asylum policy: violations of the rights of asylum seekers and refugees 1) Regional agreements versus international obligations 2) Refusal of asylum to nationals of CIS states and China and the role of the UNHCR 3) Abduction, deportation, extradition and intimidation III.2. Uzbek asylum seekers and refugees under permanent threat.................................... 63 III.2.A. The context: persecution and torture in Uzbekistan III.2.B. Absence of protection in Kazakhstan III.2.C. Police harassment, fear of extradition, deportation and kidnapping in Kazakhstan III.2.D. Social and economic problems of Uzbek asylum seekers and refugees in Kazakhstan III.2.E. Kyrgyzstan: even greater insecurity, equally insufficient protection III.3. Uyghur asylum seekers: “virtual refugees” ................................................................. 75 III.3.A. The context: repression of Uyghurs in China III.3.B. Treatment of Uyghurs in Kazakhstan III.3.C. Treatment of Uyghurs in Kyrgyzstan IV. Summary and recommendations ...................................................................................... 81 Annexes ..................................................................................................................................... 87 1. List of persons met by the mission 2. Table of ratifications 4 / Kazakhstan/ Kyrgyzstan – FIDH Introduction Kazakhstan, ninth largest country in the world, with a population of over 15 million, has in recent years become the major Central Asian economic power, as a result of significant reserves of oil and gas. In contrast, neighbouring Kyrgyzstan, with a population of 5,4 million, has little in the way of natural resources and the economy remains weak. These differences are reflected in patterns of labour migration to, from and between the two countries. Since 2004, due to significant economic growth, Kazakhstan, formerly a country of origin and transit of labour migrants, has become a major destination country for migrant workers. Most labour migrants come from neighbouring countries in the Commonwealth of Independent States (CIS), including Kyrgyzstan, as well as from China. Kyrgyzstan remains a country principally of origin of migrant workers, although there is some labour immigration, in particular from China. Yet these neighbouring countries share a Soviet heritage and face many common geo-political problems, including managing relations with their powerful neighbours China and Russia. These factors also influence approaches to the regulation of migration, as well as policies on asylum seekers and refugees. In June 2009, the International Federation for Human Rights (FIDH) sent a mission of investigation to Kyrgyzstan and Kazakhstan to document the situation of migrant workers, asylum seekers and refugees in both countries. The mission examined the origin and type of migratory flows, the legal framework and migration policy applicable to migrant workers and refugees, and identified violations of the rights of migrant workers (regular and irregular), refugees and asylum seekers. Although such issues form part of the general context (see below, Part I), the mission’s investigation did not focus on related issues, already significantly documented elsewhere, including internal migration and emigration from both countries to Russia.1 The aim of this report is not to compare the policies and practices of the two countries, but to analyse the situation of these vulnerable groups and to formulate recommendations with a view to increasing their protection. The mission delegation was composed of Amandine Regamey, researcher on Eastern Europe and Central Asia and mission delegate to the FIDH International Board; Katherine Booth, Migrants’ Rights Desk Director, FIDH; and Sarah McKune, Law Officer, Human Rights in China. The mission met with representatives of the national authorities, international organisations, NGOs, migrant workers, refugees and asylum seekers in Almaty, Astana, Chymkent and Bishkek.2 The mission took place within the framework of the FIDH Eastern Europe and Central Asia Programme’s recent actions aimed at the promotion and protection of migrants’ rights in the region. In 2007, FIDH conducted an investigation mission in Russia and published the report Migration 1. On migrant workers in Russia, see Migration in Russia: Marginalised Populations, the first victims of external and internal political crises, FIDH 2007, available in Russian (Отчет международной исследовательской миссии, Мигранты в России) and French (Migrations en Russie: Populations fragilisées, premières victimes des crises politiques externes et internes), at http://www.fidh.org/Migrations-en-Russie-Populations 2. For full list see Annex 1. FIDH – Kazakhstan/ Kyrgyzstan / 5 in Russia: Marginalised Populations, the first victims of external and internal political crises.3 In 2008, in partnership with the Civic Assistance Committee in Moscow, FIDH submitted a report to the CERD Committee Migrant Workers in the Russian Federation: The Use of Forced Labour.4 FIDH’s findings will be shared with member and partner organisations at a regional seminar in Autumn 2009 which will provide an opportunity to exchange experiences and develop strategies for protecting migrants’ rights. FIDH thanks representatives of the Kazakhstan International Bureau for Human
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