The Government of Kazakhstan recognizes trafficking in persons as one of the serious problems of the modern days, and is taking meaningful steps to combat this problem:
Legislative actions:
- In November 2004, Kazakhstan joined the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and the Convention’s final protocol;
- In July 2003, the President of Kazakhstan signed a Law "On Amendments to Criminal Code of the Republic of Kazakhstan" expanding the legal basis for fighting against human trafficking;
- The Criminal Code of Kazakhstan, in various articles, criminalizes and provides punishment for kidnapping, trafficking in minors, maintaining a brothel, pimping, pandering, and coercing a woman or a minor into prostitution. Those articles are: ##125 (Kidnapping), 133 (Trafficking in Minors), 270 (Coercing into Prostitution), 271 (Establishment and Maintaining of Brothels for Prostitution and Pimping), 126 (Illegal Deprivation of Liberty), 128 (Recruitment for Exploitation). Punishment under these articles ranges up to 8 years in prison with the confiscation of property of the criminal. The Criminal Code also provides punishment for intentional illegal crossing of state border (Article # 330), failure to implement the decision on extradition (#330-1), organizing illegal migration (# 330-2), numerous violation of rules on attracting and using foreign labor force in Kazakhstan (# 330-3).
- The Law on Tourist Activity in Kazakhstan (2001) provided new qualification requirements toward the activities of travel agencies and banned travel agencies from illegally exporting and importing labor resources. A bill, "Regarding Obligatory Insurance of Civilian and Legal Responsibility of the Tourist Operators and Agents", was drafted in Kazakhstan and is currently under the consideration by the Mazhilis (lower house) of the Parliament.
- Several new bills are in the drafting stage, such as "On Common violence" and "On Equal Rights and Possibilities", that would supplement the existing legal basis for fighting trafficking in persons;
- In March 1998, Kazakhstan signed the CIS Agreement on Cooperation in Fighting Illegal Migration;
- Kazakhstan signed several mutual legal assistance treaties with China, Mongolia, Pakistan, Turkey and other countries. In 1993, Kazakhstan signed the CIS MLAT (Minsk Agreement) according to which the Republic extradites people sought for human trafficking.
- Kazakhstan is a member of the UN Convention on the Abolition of all Forms of Discrimination of Women, Convention on the Rights of Child, International Labor Organization Convention on the Abolition of Forced Labor and UN Optional Protocol to the UN Convention on the Rights of the Child on the Sale, Children Prostitution, and Child Pornography. Kazakhstan is preparing to ratify the UN Convention to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children and to join the relevant Protocol.
- In 2000, Kazakhstan signed the UN Convention on Fighting Transnational Organized Crimes.
Tackling Human Trafficking at the Government Level:
- In February 2004, the Government of Kazakhstan approved National Paln to Fight Human Trafficking and is implementing it;
- Several criminal cases relating to trafficking in persons have been under investigations and brought to courts;
- In August 2003, the Government of Kazakhstan appointed Minister of Justice Onalsyn Zhumabekov as the National Coordinator for activity against trafficking in persons. To support him in his role, the Interagency Commission on Trafficking in Persons was established including representatives of National Security Committee, Prosecutor General's Office, Ministry of Internal Affairs (MVD), Agency for Migration and Demography of Kazakhstan. According to the Government's program for 2003-2006, Kazakhstan is to secure its participation in international agreements regarding to illegal migration and trafficking in persons. There are plans to develop measures on fighting trafficking in persons, rehabilitating trafficking victims, toughening criminal punishment for organizing trafficking in persons and sexual exploitation;
- According to Kazakhstan Government resolution "On Measures for Strengthening Migration Monitoring" of March 13, 2003, immigration control cards were introduced in the Republic to help account visiting foreign citizens;
- The General Prosecutor's Office of Kazakhstan is reviewing existing national legislation regulating the importation of foreign labor and labor exports abroad;
- 32 crisis centers for trafficking victims are operational throughout Kazakhstan providing counseling, legal and paramedical assistance, and even temporary housing;
- In 2002, 2 criminal cases related to the recruitment of people for exploitation (Article 128th of Criminal Code of Kazakhstan) were under investigation in Kazakhstan. In 2003, 4 criminal cases for this crime were brought forward;
- In 2001, at the order of Prime Minister of Kazakhstan a task force was created in the Republic to draft proposed amendments into legislation related to fighting illegal departure and migration of women with the purpose of labor and sexual exploitation. As a result of the work of this Task Force, a law was passed in 2002, "Law on Additions and Amendments to Some Legislative Acts Related to Illegal Migration".
- In February 1999, a unit for the protection of women against violence was established within the Ministry of Internal Affairs (MVD).
- In December 1998, the President of Kazakhstan created the National Commission on Family and Women's Matters. The priority of its activity is fighting violations against women including trafficking in women and children. The Commission is cooperating with government agencies and non-government organizations, and the International Migration Organization, and carries out informational activity.
Participation in the International Efforts:
- In June 2003, Ministry of Labor and Social Service of Kazakhstan in cooperation with the International Organization for Migration held a national seminar "On Activity of Private Employment Agencies Related to Export - Import of Labor Force";
- In 2001 and 2002, Kazakhstan, in cooperation with International Organization for Migration and more than 20 NGOs, put in place a project of National Information Campaign "Prevention of the Trafficking in Women";
- Throughout recent years, a number of international conferences were held in Kazakhstan, including "Women, Law and Illegal Migration" (2001), "Trafficking in persons: information as a Prevention" (2002), 2nd International conference "Preventive Measures for Trafficking in Persons and Promoting Assistance for Victims" (2002);
- Since 2000, in cooperation with the International Organization on Migration brochures and tabloids related to trafficking in persons (100,000 copies per year) are being published and distributed; information about this problem is published in the national media.
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Embassy of the Republic of Kazakhstan to the USA and Canada
Contact person: Roman Vassilenko
Tel.: (202) 232- 5488, ext. 104, Fax: (202) 232- 5845
