Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Kazakhstan (Ratification: 2001)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. 1. Forced and bonded labour of migrant workers in the tobacco, cotton and construction industries. The Committee notes that section 7 of the Labour Code of the Republic of Kazakhstan 2016 defines forced labour as “work or service exacted from any individuals under the menace of any penalty and for which the said individual has not offered himself voluntarily”. Moreover, section 128 of the Criminal Code in its last amended version of 2014 states that “Purchase and sale or other transactions in respect of a person, as well as its exploitation or recruitment, transportation, transfer, harbouring, receipt and perform other acts for the purpose of exploitation” shall be punished by imprisonment for a term of three to 15 years with confiscation of property. Furthermore, the Committee notes that in its concluding observations on the second periodic report of Kazakhstan of July 2016, the Human Rights Committee expressed its concern “about reports of domestic servitude, forced and bonded labour, particularly of migrant workers in the tobacco, cotton and constructions industries, and abuse of migrant workers such as poor and hazardous conditions, delayed payment and confiscation of identify documents” (document CCPR/C/KAZ/2, paragraph 35). The Human Rights Committee also underlined the lack of service for victims of forced labour. The Committee also notes that in her report on contemporary forms of slavery including its causes and consequences of 27 June 2013, the Special Rapporteur of the United Nations mentions the consequences of forced and bonded labour such as delayed payment of wages and confiscation of identity documents (A/HRC/24/43/Add.1). In this regard, the Committee recalls the importance of taking effective action to ensure that the system of employment of migrant workers does not place them in situation of increased vulnerability, particularly where they are subjected to abusive practices by employers such as confiscation of identity documents or delayed payments of wages, as such practices might cause their employment to be transformed into situations that could amount to forced and bonded labour. The Committee requests the Government to take the necessary measures to ensure that the national legislation is effectively enforced and that migrant workers are fully protected from any abuse or exploitation that amounts to forced and bonded labour. Please also provide a copy of Law No. 421-V ZRK of 24 November 2015 to Amend and Supplement Several Legal acts on issues of migration and employment of population.

2. Trafficking in persons. The Committee notes that section 128 of the Criminal Code in its last version of 2014 imposes imprisonment and confiscation of property as penalties against trafficking in persons. The Committee also takes note of the adoption of the National Action Plan on combating human trafficking 2015–17. Furthermore, the Committee notes that in its concluding observations on the second periodic report of Kazakhstan of July 2016, the Human Rights Committee “is concerned that the number of criminal cases, prosecutions and convictions for trafficking-related crimes has decreased considerably in recent years” (paragraph 33). The Human Rights Committee indicates that a significant majority of all criminal cases related to trafficking are investigated under section 309 of the Criminal Code 2014 on brothels and prostitution rather than under section 128 on trafficking in persons, that there is 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 are insufficient. The Committee requests the Government to ensure the effective implementation of the existing relevant legal and policy frameworks aimed at combating trafficking in persons and to provide information on the measures taken to implement the National Action Plan 2015–17. The Committee also requests the Government to take appropriate measures to strengthen the victims’ identification mechanisms as well as providing them adequate care, social and legal assistance and reparation. Please also provide information on the investigation and prosecution of trafficking cases under section 128 of the Criminal Code.

3. Freedom of career military personnel to leave their service. The Committee notes that the Government’s report contains no information on this issue. It therefore requests the Government once again 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. Since the texts governing the above matters have not yet been supplied, the Committee reiterates its hope that the Government will not fail to communicate them with its next report. As regards compulsory military service, please also indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(c). Prison labour. The Committee previously requested the Government to indicate whether convicted persons serving prison sentences which involve an obligation to work may work in workshops run by private enterprises inside or outside the penitentiary institutions. The Committee notes the Government’s indication in its report 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 requests the Government to provide information on any change with regard to the indicated practice.

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 and requested the Government to indicate whether any law on the state of emergency has been adopted. Noting that a State of Emergency Law has been adopted in 2014, the Committee requests the Government to supply a copy of the relevant text. Please also state 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.