Status and rights of refugees in Kazakhstan

Lack of protection and increased vulnerability. Refusal to grant asylum to citizens of the CIS countries and China. Abduction, deportation and extradition. Asylum seekers and refugees from Uzbekistan - a group at risk. Migration Policy in Kazakhstan.
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Table of content

Overview

1. Lack of protection and increased vulnerability

2. Refusal to grant asylum to citizens of the CIS countries and China and the role of UNHCR

3. Abduction, deportation, extradition and intimidation

4. Asylum seekers and refugees from Uzbekistan - a group at particular risk

5. Migration Policy in Kazakhstan

Conclusion

References

Overview

Currently there are more than 40 million people, which are forced to leave their homes: from armed conflict, natural disasters, fleeing ethnic persecution and famine. All of them are de facto refugees with their problems, their plans and hopes for us. It would be wrong to talk about the refugees in the world, without mentioning the refugees who are in the territory of the Central Asian republics, including Kazakhstan.

Most asylum seekers in Kazakhstan and Kyrgyzstan come from neighbouring countries, Afghanistan, Uzbekistan, Russia (mostly Chechens) and China (Uighurs). Asylum requests and a small number of persons of African and Asian countries (Iran, Pakistan, Sri Lanka, North Korea, etc.). For the majority of asylum seekers arriving in Kazakhstan and Kyrgyzstan, the choice of destination - it is a question of reach. Many enter the country without documents, without going through border control, either because they do not have passports, or fear of being arrested by border guards.

Both Kazakhstan and Kyrgyzstan ratified the UN Convention relating to the Status of Refugees of 1951 (" Refugee Convention ") and the 1967 Protocol, as well as other international instruments in the field of human rights, including the International Covenant on Civil and Political Rights and the Convention against Torture, which establish a legal framework to protect the rights of refugees and asylum seekers. Nevertheless, the legislation of both countries violates international conventions, and political and economic considerations, as well as security considerations prevail over the obligations with respect to human.

During a meeting with the FIDH mission authorities of both countries relied on regional agreements, the desire to maintain bilateral relations with neighbouring countries, security concerns and the fight against terrorism to justify actions that violate the rights of asylum seekers and refugees. In Kyrgyzstan, in particular, the decision-making process is also affected by the fear of economic sanctions. In both countries, asylum seekers from Uzbekistan, Russia (Chechens) and China (Uighurs from Xinjiang Uygur Autonomous Region) are not granted refugee status by the state. The only opportunity for these individuals - contact the office of the High Commissioner for Refugees (UNHCR) and if their application is approved, the hope for resettlement in a third country.

asylum deportation migration refugee

1. Lack of protection and vulnerability

Despite the fact that Kazakhstan is a party to the Convention and Protocol Relating to the Status of refugees from 1999, October 2009 legislation on refugee status and protection in Kazakhstan does not exist. Although, according to the Constitution, ratified by Kazakhstan international conventions form part of national law and have an advantage in situations contrary to the provisions in practice in the courts of the Refugee Convention is inapplicable.

In October 2009, was submitted to Parliament a draft law "On Refugees”. All asylum applications will be considered under the new law. However, the bill is far from the international standards, and although its adoption can improve the situation of those persons whom Kazakhstan is currently recognized as a refugee, he is unlikely to change for the better the situation of asylum seekers from the CIS countries and China.

General provision

In the absence of the law "On Refugees" , the status of asylum seekers and refugees legal status equal to other foreign nationals , and they are entitled to the same services. According to the expert, with whom the mission met FIDH, refugees and asylum seekers are considered foreign nationals temporarily residing in the country. They are provided with the same level of protection as transit passengers at the airport. In addition, currently in Kazakhstan, there are two different concepts in the context of the treatment of persons seeking asylum - "refugee" and " asylum seekers ". In practice, this distinction makes it possible to exclude persons who have left their country because of repression by the state, of the procedures for obtaining refugee status, in violation of Kazakhstan's obligations under international refugee law.

The difference between refugee status and political asylum

In accordance with the Law of the Republic of Kazakhstan № 204 -I « On Migration " from December 13, 1997, the term "refugee " is defined in accordance with the Refugee Convention and therefore fall under this definition those foreigners who, because of well-founded fear of becoming a victim persecution based on political opinion , race, religion, nationality, nationality, membership of a particular social group have to be outside the country of his nationality and is unable to enjoy the protection of the country (...) ". In accordance with the Regulations on the procedure for granting political asylum to foreign citizens and stateless persons in the Republic of Kazakhstan from 1996:

"The Republic of Kazakhstan shall grant political asylum to individuals and their families seeking asylum and protection from persecution or a real threat to become persecution in the country of nationality and / or residence for political activity, race, nationality or, for their religious beliefs, as well as in cases of violation of human rights provided by international law.”

Refugee status determination

Refugee status determination procedure regulated by Order № 273 Minister of Labour and Social Protection of 20 November 2007. The competence of the Committee on Migration includes the processing of petitions. Data validation is the Committee of National Security; in their duties also include checking for a criminal record of the applicant and potential links with terrorism. Migration Committee makes recommendations

Distribution commission

Two major division of the Commission are located in Almaty and Shymkent, due to the large influx of asylum seekers from Afghanistan in these cities. Distribution Committee consists of representatives of the Committee on Migration, the National Security Committee, an observer from the UNHCR and NGOs. Refugee status is valid for one year. Each year, refugees must apply to the Committee on Migration request for extension of the status, their case is reviewed, and the status of either prolonged or denied in the extension. Persons who refused to renew status are obliged to leave the territory of Kazakhstan.

If they refuse to leave voluntarily, they can be deported. The Committee may also refuse to renew status on the grounds that the applicant " is opposed to the sovereignty and independence of Kazakhstan and wants to break his integrity" or accused / was convicted on charges of terrorism , as well as when he was unable to appear before the Committee within three months .

Decisions concerning refugee status may be appealed to the National Committee on Migration, and then in court. However, the appeal is ineffective because there is no provision under which deportations were suspended pending a decision would have to appeal. In December 2008, the Committee against Torture urged Kazakhstan to ensure that, when “persons whose applications for asylum have been rejected can lodge an effective appeal”

2. Refusal to grant asylum to citizens of the CIS countries and China and the role of UNHCR

"The Republic of Kazakhstan joining the UN Convention on the Status of Refugees and its Protocol, consistently complied with its international obligations properties with regard to refugees. Currently refugee statuses in Kazakhstan have about 600 people who had fled from Afghanistan, Somalia and Ethiopia. "

(Tamara Duisenova, executive secretary of the Ministry of Labour and Social Protection, Kazakhstan, May 17, 2009)

"In Kazakhstan seeking asylum seeker from Russia, China and Uzbekistan but Kazakhstan cannot interfere in the internal affairs of these countries.”

(Habylsayat Abishev, chairman of the Committee on Migration, June 11, 2009)

According to the Ministry of Labour, refugee status in Kazakhstan received 580 577 from Afghanistan, one from Somalia and 2 of Ethiopia. From January 1 to June 1, 2009, the Committee on Migration has considered 28 cases (22 petitions were pending since 2008 and six applications were received in 2009) against 73 people. Of these, two were submitted asylum applications were rejected by 33 people and 38 people still request still being considered.

Refugee status has not received any asylum seekers from CIS countries and China. In practice, Uzbeks, Chechens and Uighurs just do not file an application for refugee status or asylum. According KIBHR “they will not go there, if they know that there is present representative of the National Security Service”

Refugees and...