Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Forced Labour Convention, 1930 (No. 29) - Kazakhstan (Ratification: 2001)

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The Committee notes the observations of the Trade Union of Workers in the Fuel and Energy Complex, received on 31 August 2022.

Articles 1(1), 2(1) and 25 of the Convention. 1. Forced labour of migrant workers. The Committee previously referred to the situation of migrant workers who were victims of abuse and exploitation that could amount to forced labour and requested the Government to take the necessary measures to protect them. It notes with regret that the Government’s report does not contain specific information in this regard. The Committee nevertheless notes from the International Organization for Migration (IOM) website the launch of a project, entitled Labour Migration Programme–Central Asia, covering Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan, in 2022. The project aims at contributing to improved management of labour migration and harnessing human mobility for development in both countries of origin and destination. The Committee further notes that according to the Concept of Migration Policy for 2023–27 adopted by Government Decree No. 961 of 30 November 2022, deficiencies in the monitoring system for migrant workers and the growth of illegal labour migration are among the main issues in the field of labour migration.

The Committee further notes that, in its observations, the Trade Union of Workers in the Fuel and Energy Complex indicates that migrant workers are at risk of exploitation and often subject to abusive employer practices such as retention of passports, physical abuse and non-payment of wages. These observations refer to several cases of forced labour exacted from foreigners from the Russian Federation, Tajikistan and Uzbekistan. The Trade Union of Workers in the Fuel and Energy Complex also points to complicity and corruption among law enforcement officials involved in forced labour cases.

The Committee also observes that, in its 2022 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD)expressed concern over reports that migrant workers face abuse and recommended increasing measures to prevent and fight exploitation of migrant workers, including by increasing labour inspections (CERD/C/KAZ/CO/8–10). The Committee also notes that in its 2019 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights expressed concern at reports of forced and bonded labour of some migrant workers in the tobacco, cotton and construction industries, as well as of some female domestic workers subjected to domestic servitude (E/C.12/KAZ/CO/2).

The Committee strongly urges the Government to take the necessary measures to ensure that all migrant workers,regardless of their legal status, are fully protected from abusive practices and conditions of work that could amount to forced labour. In this respect, the Committee requests the Government to provide information on the measures taken to ensure that migrant workers have access to information about their rights, effective procedures to seek redress and obtain compensation, as well as adequate protection and assistance. It further requests the Government to provide information on the number of inspections and investigations carried out in economic sectors in which migrant workers are mostly occupied, including in the tobacco, cotton and construction industries and domestic work, and the results of such inspections.

2. Trafficking in persons. In relation to the action taken to ensure the protection of victims of trafficking and the prosecution of perpetrators, the Committee notes the information provided by the Government on: (i) the adoption of the new Action Plan to Prevent and Combat Crimes Related to Trafficking in Persons (Action Plan) for 2021–23; (ii) the establishment of the Interdepartmental Commission to Combat Trafficking in Persons; (iii) the elaboration of a bill on combating trafficking in persons which adopts an integrated approach to prevention and the protection of victims as well as the investigation and suppression of trafficking in persons; (iv) the adoption in 2020 and 2021 of amendments to the Supreme Court Decree No. 7 of 29 December 2012 on the enforcement of the legislation establishing liability for trafficking in persons to clarify the elements of the offence of trafficking in persons and the elements which differentiate it from other offences related to trafficking in persons. The Committee also notes the Government’s indication that, under section 128 (Trafficking in persons) of the Criminal Code, in 2021, five cases of trafficking in persons offences were investigated and eight persons were convicted, of whom six were sentenced to imprisonment.

The Committee notes that in its 2022 concluding observations, the CERD expressed concern that despite the efforts to fight trafficking in persons, the number of persons subjected to forced labour and sexual exploitation continued to grow in Kazakhstan. It further expressed concern over reports of complicity among some law enforcement officers in trafficking in persons (CERD/C/KAZ/CO/8-10).

The Committee urges the Government to step up its efforts to prevent, suppress and combat trafficking in persons for both labour and sexual exploitation. The Committee hopes that measures will be taken for the adoption of the bill on combating trafficking in persons which would assist with the adoption of a coordinated and systematic approach to combating trafficking in persons and requests the Government to indicate any progress made in this regard. It also requests the Government to take measures to effectively implement the Action Plan for 2021–23 and provide information on any assessment of its implementation. The Committee requests the Government to provide information on investigations, prosecutions and convictions as well as the specific penalties applied under section 128 of the Criminal Code.

The Committee is raising other matters in a request addressed directly to the Government.