Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted that section 128 of the Criminal Code of 2014 provides for imprisonment and confiscation of property as penalties against trafficking in persons. The Committee also took note of the adoption of the National Action Plan on combating human trafficking 2015–17. Furthermore, the Committee noted that in its concluding observations of 2016, the Human Rights Committee (HRC) was concerned that the number of criminal cases, prosecutions and convictions for trafficking-related crimes had decreased considerably in recent years. The HRC indicated that a significant majority of all criminal cases related to trafficking were investigated under section 309 of the Criminal Code on brothels and prostitution rather than under section 128 on trafficking in persons, and that there was alleged complicity and corruption between police officers and those involved in facilitating trafficking and finally, that the state-funded shelters and support services to victims were insufficient.

The Committee notes the Government’s information in its report that, in 2017, the authorities of internal affairs opened legal proceedings for 32 cases of human trafficking under section 128 of the Criminal Code, of which 15 concerned labour exploitation, involving 20 victims. It also indicates that legal proceedings were opened for 200 cases under section 309 of the Criminal Code (on brothels and prostitution). Regarding the complicity of the police and officials in human trafficking, the Government states that appropriate measures are being taken on every occasion that a case comes to light. Several public officials were convicted of offences of sexual or labour exploitation. Moreover, in 2017, the authorities of internal affairs received five reports of police officers being involved in crimes related to human trafficking, of which one was determined as well-founded after due investigation. The Government also indicates that, according to the Law on the State Protection of Persons Participating in Criminal Proceedings, assistance was provided to 15 victims, including 13 Kazakh nationals and two foreign nationals. Moreover, there are 18 non-governmental organizations that provide assistance to victims of trafficking. Organizations offering state-funded special social services to victims are operating in every region. In 2017, 162 persons received assistance, including 43 who were involved in legal proceedings. Additionally, the Ministry of Internal Affairs has been working with the Union of Crisis Centres (operated by a charity foundation) since 2016, to implement a project providing free legal aid to victims of trafficking. The Committee therefore requests the Government to continue its efforts to ensure that investigations and prosecutions are carried out against all persons engaged in trafficking in persons for both sexual and labour exploitation, including complicit governmental officials and that really adequate penalties are applied to perpetrators. In this regard, the Committee requests the Government to continue to provide information on the application of relevant provisions of the Criminal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied. The Committee also requests the Government to continue to provide information on the measures taken to ensure that protection and assistance is provided to victims of trafficking, as well as on the results achieved in this regard, including the number of victims who have been identified and who have benefited from such protection. Noting that the National Action Plan for 2015–17 has ended, the Committee requests the Government to indicate whether a new National Action Plan is to be developed.

2. Freedom of career military personnel to leave their service. The Committee notes with regret that the Government’s report contains no information on this issue. It therefore once again requests the Government to provide information on provisions applicable to professional military officers and other career servicemen as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Services exacted under compulsory military service laws. The Committee previously noted that, by virtue of section 36 of the Constitution, citizens perform military service in accordance with the law. It requested the Government to supply copies of laws concerning compulsory military service and, eventually, alternative (non-military) service. The Committee notes with regret that the Government’s report contains no information on this issue. The Committee therefore reiterates its hope that the Government will not fail to communicate the texts governing the above matters. As regards compulsory military service, it once again requests the Government to indicate what guarantees are provided to ensure that any work or service exacted within the framework of compulsory military service are used for purely military ends.

Article 2(2)(c). Prison labour. The Committee previously noted that section 8 of the Labour Code prohibits forced labour with the exception of work required of a person following a court decision. The work shall take place under the supervision and monitoring of the state authorities and the prisoner shall not be hired or placed at the disposal of natural persons and/or legal entities. Considering that the Code governing the execution of penal sentences allows that compulsory labour of convicted persons may be exacted at private enterprises and organizations, the Committee requested the Government to provide information on any change with regard to the indicated practice.

The Committee notes the Government’s information that persons sentenced to restrictions of freedom are obliged to perform work, which is organized by the local executive authorities at public entities located in the offender’s area of residence. However, the Committee notes the absence of information in the Government’s report regarding the labour performed by persons sentenced to deprivation of freedom, who serve their sentences in prison. The Committee notes that, according to section 120 of the Code governing the execution of penal sentences, the labour conditions of convicted persons shall be determined by labour legislation. Moreover, payment for labour of convicted persons shall be carried out in accordance with relevant national legislation and may not be less than the established minimal amount of salary. Lastly, the Committee notes that, pursuant to section 119(3) of the Code, the involvement of convicted persons in labour in organizations not included in the correctional system shall be carried out on the basis of agreements between the administration of the institutions, the organization concerned and the convicted person.

Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted that article 24 of the Constitution exempts from the definition of forced labour work required in the conditions of a state of emergency or war. Noting that a State of Emergency Law has been adopted in 2014, the Committee requested the Government to supply a copy of the relevant text.

The Committee notes with regret the absence of information in the Government’s report. The Committee therefore once again requests the Government to supply a copy of the State of Emergency Law adopted in 2014. It also once again requests the Government to indicate what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation, and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.