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

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

Previous comment

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee notes the Government’s indication in its report that the work of military personnel is regulated by the Labour Code with the peculiarities provided for by special legal acts, including as regards termination of service. In particular, section 26 of the Act of 16 February 2012 No. 561-IV on Military Service and the Status of Servicemen sets out a list of grounds for the termination of a contract with a military official. As per section 26(3) of Act No. 561-IV, a military official has a right to leave the service before the end of the contract in case there was a significant or systematic violation of the terms of his/her contract; due to family circumstances; his/her election as a member of the representative bodies of Kazakhstan; or the appointment to the position of a judge. According to sections 154 and 155 of the Presidential Decree No. 124 of 25 May 2006 on Approval of the Rules for Military Service in the Armed Forces, Other Forces and Military Formations, an early termination of a military official’s contract is made by an order of an entitled military officer after the consideration of the documents confirming the circumstances of such termination, as provided for in section 26(3) of Act No. 561-IV. The Committee requests the Government to provide information on the situation of career military personnel who submit a request to leave the service before the end of the contract on grounds not stipulated under section 26 of Act No. 561-IV.
Article 2(2)(a). Services exacted under compulsory military service laws. With regard to its previous comments concerning the performance of compulsory military service by conscripts, the Committee notes that section 5(4) of Act No. 561-IV prohibits military commanders from issuing orders and directives not related to the performance of military service obligations. According to section 1(16) of Act No. 561-IV, military service aims at the direct provision of military security related to the armed defence of the sovereignty, territorial integrity and inviolability of the state border of Kazakhstan.
Article 2(2)(d). Work exacted in cases of emergency. The Committee notes that according to section 16 of the Act of 8 February 2003 No. 387 on the State of Emergency, in case of natural and man-made emergencies, able-bodied persons may be required to undertake rescue and other urgent work, in accordance with the labour legislation. The Committee further observes from section 4(2)(2) of Act No. 387 that natural and man-made emergencies include emergencies caused by natural disasters, such as earthquakes, mudslides, avalanches, floods, as well as accidents which require the necessary rescue and recovery operations.

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

Previous comments

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.

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

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.

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 19 September 2018, as well as the Government’s reply received on 18 October 2018.
Articles 1(1), 2(1) and 25 of the Convention. Forced labour of migrant workers. The Committee previously noted that section 7 of the 2016 Labour Code 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 2014 Criminal Code states that purchase and sale or other transactions in respect of a person, as well as their exploitation or recruitment, transportation, transfer, harbouring and receipt 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 noted that, in its concluding observations of 2016, the Human Rights Committee of the United Nations expressed its concern about reports of domestic servitude, forced and bonded labour, particularly of migrant workers in the tobacco, cotton and construction industries, and abuse of migrant workers such as poor and hazardous conditions, delayed payment and confiscation of identity documents.
The Committee notes from the observations of the ITUC that, in recent years, the economic growth of Kazakhstan has transformed it from a sending to a receiving country of labour migrants. The statistics from the Ministry of Internal Affairs shows that from 100,000 to 150,000 Kyrgyz citizens were registered in the country at the end of 2017. Since the beginning of 2017, Kyrgyz migrants have been victims of repressive operations conducted by Kazakh state services, often enabled by the absence of a “regular status” of migrants within the country. Kyrgyz migrant workers fall prey to deceptive or informal recruitment practices, including misrepresentations concerning the place and nature of the work to be performed, the amount of wages and employees’ legal status. In most cases, employers retained the migrants’ identity documents and did not formalize the working relationship by signing an employment contract. Many migrant workers complained of restrictions on movement and the withholding of wages. Most migrant workers reported hazardous working conditions, including excessive working hours, lack of protective equipment and medical care, as well as inadequate living conditions, such as excessive heat and lack of basic amenities. The migrant workers did not receive any social protections and often suffered from intimidation and threats.
The Committee notes that, in response to the observations of the ITUC, the Government indicates that, pursuant to section 6 of the Law on the Legal Status of Foreigners, foreigners may carry out work in the country in accordance with the procedure established by the legislation and the international treaties signed by Kazakhstan. Some restrictions are established by the legislation in this regard. For example, foreigners may not be appointed to certain positions or engaged in certain types of work. The Labour Code prohibits any kinds of discrimination in the field of labour in relation to foreign workers legally working in Kazakhstan.
In this regard, the Committee recalls that migrant workers shall be protected from forced labour practices regardless of their legal status in the country. The Committee also recalls the importance of taking effective action to ensure that the system of employment of migrant workers does not place them in situations of increased vulnerability or prevent them from reporting exploitation of employers to the competent authorities, particularly where they are subjected to abusive practices such as confiscation of identity documents, restriction of movement, hazardous working conditions or delayed payments of wages, as such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore urges the Government to take the necessary measures to ensure that the national legislation criminalizing forced labour is effectively enforced and that migrant workers are fully protected from any abuse or exploitation that amounts to forced labour, and to provide information on the results achieved in this regard. The Committee once again requests the Government to 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 the population.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1(1) and 2(1) of the Convention. 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 of Kazakhstan, 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 notes that the Government’s report contains no reply to its earlier comments concerning this issue. It therefore requests the Government to include, in its next report, full information on the following matters raised in its previous direct request.
The Committee previously noted that penal sanctions of deprivation of freedom and restriction of freedom (sections 48 and 45 of the Criminal Code) involve compulsory labour under the procedures and conditions defined by the Code governing the execution of penal sentences, 1997 (sections 99 and 47). The Committee also noted that compulsory labour of convicted persons may be exacted at enterprises and organizations “of various forms of ownership” and observed that the wording of sections 99 and 47 does not seem to exclude that convicted persons may be hired to or placed at the disposal of private enterprises, contrary to the provision of Article 2(2)(c) of the Convention.
While this Article strictly prohibits convicted persons from being hired to or placed at the disposal of private undertakings, the Committee has pointed out in paragraphs 59–60 of its 2007 General Survey on the eradication of forced labour that, provided convicted prisoners voluntarily consent to such work, without being subjected to pressure or the menace of any penalty, such work does not fall within the scope of the Convention. However, the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure that their consent is given freely and voluntarily. As the Committee has pointed out in paragraphs 114–122 of its 2007 General Survey referred to above, the most reliable indicator of voluntariness of labour is the work performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, wage levels (leaving room for deductions and attachments), social security and occupational safety and health.
In the light of the above explanations, the Committee again requests 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, and if so, on what terms and conditions, supplying copies of relevant texts. Please also indicate whether convicted persons serving a sentence of compulsory participation in public works (section 42 of the Criminal Code and section 30 of the Code governing the execution of penal sentences) can be placed at the disposal of private companies engaged in the execution of public works.
Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted that article 24 of the Constitution of Kazakhstan 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, once the legislation in question has been adopted. 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.
Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee takes due note of the information concerning the application in practice of the following sections of the Criminal Code: section 125(3)(b) “abduction of a person for the purpose of exploitation), section 126(3)(b) “illegal deprivation of a person’s freedom” for the purpose of sexual or other exploitation and section 128 “recruitment of persons for exploitation and trafficking”, including statistical information for the period of 2010–12, as well as the information on the penalties of imprisonment imposed on perpetrators. The Committee requests the Government to continue to provide, in its future reports, information on the application of the above provisions in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1) and 2(1) of the Convention. 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 of Kazakhstan, 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 notes that the Government’s report contains no reply to its earlier comments concerning this issue. It therefore requests the Government to include, in its next report, full information on the following matters raised in its previous direct request.
The Committee previously noted that penal sanctions of deprivation of freedom and restriction of freedom (sections 48 and 45 of the Criminal Code) involve compulsory labour under the procedures and conditions defined by the Code governing the execution of penal sentences, 1997 (sections 99 and 47). The Committee also noted that compulsory labour of convicted persons may be exacted at enterprises and organizations “of various forms of ownership” and observed that the wording of sections 99 and 47 does not seem to exclude that convicted persons may be hired to or placed at the disposal of private enterprises, contrary to the provision of Article 2(2)(c) of the Convention.
While this Article strictly prohibits convicted persons from being hired to or placed at the disposal of private undertakings, the Committee has pointed out in paragraphs 59–60 of its 2007 General Survey on the eradication of forced labour that, provided convicted prisoners voluntarily consent to such work, without being subjected to pressure or the menace of any penalty, such work does not fall within the scope of the Convention. However, the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure that their consent is given freely and voluntarily. As the Committee has pointed out in paragraphs 114–122 of its 2007 General Survey referred to above, the most reliable indicator of voluntariness of labour is the work performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, wage levels (leaving room for deductions and attachments), social security and occupational safety and health.
In the light of the above explanations, the Committee again requests 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, and if so, on what terms and conditions, supplying copies of relevant texts. Please also indicate whether convicted persons serving a sentence of compulsory participation in public works (section 42 of the Criminal Code and section 30 of the Code governing the execution of penal sentences) can be placed at the disposal of private companies engaged in the execution of public works.
Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted that article 24 of the Constitution of Kazakhstan 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. Since the Government’s report does not contain the information requested, the Committee hopes that the Government will not fail to provide such information in its next report and to supply a copy of the relevant text, once the legislation in question has been adopted. 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.
Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee takes due note of the information concerning the application in practice of the following sections of the Criminal Code: section 125(3)(b) “abduction of a person for the purpose of exploitation), section 126(3)(b) “illegal deprivation of a person’s freedom” for the purpose of sexual or other exploitation and section 128 “recruitment of persons for exploitation and trafficking”, including statistical information for the period of 2010–12, as well as the information on the penalties of imprisonment imposed on perpetrators. The Committee requests the Government to continue to provide, in its future reports, information on the application of the above provisions in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Repetition
Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee 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 article 36 of the Constitution of Kazakhstan, citizens of Kazakhstan 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 hopes 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 noted that penal sanctions of deprivation of freedom and restriction of freedom (provided for in sections 48 and 45 of the Criminal Code) involve compulsory labour under the procedures and conditions defined by the Code governing the execution of penal sentences, 1997 (sections 99 and 47). The Committee also noted that compulsory labour of convicted persons may be exacted at enterprises and organizations “of various forms of ownership” and observed that the wording of sections 99 and 47 does not seem to exclude that convicted persons may be hired to or placed at the disposal of private enterprises, contrary to the provision of Article 2(2)(c) of the Convention.
While this Article strictly prohibits convicted persons from being hired to or placed at the disposal of private undertakings, the Committee has pointed out in paragraphs 59–60 of its 2007 General Survey on the eradication of forced labour that, provided convicted prisoners voluntarily consent to such work, without being subjected to pressure or the menace of any penalty, such work does not fall within the scope of the Convention. However, the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure that their consent is given freely and voluntarily. As the Committee has pointed out in paragraphs 114–122 of its 2007 General Survey referred to above, the most reliable indicator of voluntariness of the labour is the work performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, wage levels (leaving room for deductions and attachments), social security and occupational safety and health.
In the light of the above explanations, the Committee again requests the Government to indicate whether convicted persons serving sentences of deprivation of freedom and restriction of freedom may work in workshops run by private enterprises inside or outside the penitentiary institutions, and if so, on what terms and conditions, supplying copies of relevant texts. Please also indicate whether convicted persons serving a sentence of compulsory participation in public works (section 42 of the Criminal Code and section 30 of the Code governing the Execution of Penal sentences) can be placed at the disposal of private companies engaged in the execution of public works.
Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted that article 24 of the Constitution of Kazakhstan exempts from the definition of forced labour work required in the conditions of a state of emergency or war. It again requests the Government to indicate whether any law on the state of emergency has been adopted, and if so, to supply a copy. 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.
Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the Criminal Code provisions punishing with sanctions of imprisonment the “illegal deprivation of a person’s freedom” for the purpose of sexual or other exploitation (section 126(3)(b)) and “recruitment of persons for exploitation and trafficking” (section 128). It requested the Government to provide information on the application of these sections in practice. The Committee notes the Government’s indication in its last report that no cases of illegal exaction of forced or compulsory labour have been identified. However, the Committee has noted from the Government’s report concerning the application of Convention No. 182, likewise ratified by Kazakhstan, that a certain number of cases have been registered in 2006 and 2007 under section 128 in relation to minors. The Committee again requests the Government to provide, in its next report, information on the application in practice of sections 126(3)(b) and 128 in relation to adult persons, supplying sample copies of the relevant court decisions and indicating the penalties imposed. Please also provide information on the application in practice of section 125(3)(b) of the Criminal Code (“abduction of a person for the purpose of exploitation”), to which reference has been made in the Government’s report.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), and 2 (paragraph 1,) of the Convention. Freedom of career military personnel to leave their service. The Committee 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, paragraph 2, subparagraph (a). Services exacted under compulsory military service laws  The Committee previously noted that, by virtue of article 36 of the Constitution of Kazakhstan, citizens of Kazakhstan 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 hopes 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, paragraph 2, subparagraph (c). Prison labour. The Committee previously noted that penal sanctions of deprivation of freedom and restriction of freedom (provided for in sections 48 and 45 of the Criminal code) involve compulsory labour under the procedures and conditions defined by the Code governing the execution of penal sentences, 1997 (sections 99 and 47). The Committee also noted that compulsory labour of convicted persons may be exacted at enterprises and organizations “of various forms of ownership” and observed that the wording of sections 99 and 47 does not seem to exclude that convicted persons may be hired to or placed at the disposal of private enterprises, contrary to the provision of Article 2(2)(c) of the Convention.

While this Article strictly prohibits convicted persons from being hired to or placed at the disposal of private undertakings, the Committee has pointed out in paragraphs 59–60 of its 2007 General Survey on the eradication of forced labour that, provided convicted prisoners voluntarily consent to such work, without being subjected to pressure or the menace of any penalty, such work does not fall within the scope of the Convention. However, the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure that their consent is given freely and voluntarily. As the Committee has pointed out in paragraphs 114–122 of its 2007 General Survey referred to above, the most reliable indicator of voluntariness of the labour is the work performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, wage levels (leaving room for deductions and attachments), social security and occupational safety and health.

In the light of the above explanations, the Committee again requests the Government to indicate whether convicted persons serving sentences of deprivation of freedom and restriction of freedom may work in workshops run by private enterprises inside or outside the penitentiary institutions, and if so, on what terms and conditions, supplying copies of relevant texts. Please also indicate whether convicted persons serving a sentence of compulsory participation in public works (section 42 of the Criminal Code and section 30 of the Code governing the Execution of Penal sentences) can be placed at the disposal of private companies engaged in the execution of public works.

Article 2, paragraph 2, subparagraph (d). Work exacted in cases of emergency. The Committee previously noted that article 24 of the Constitution of Kazakhstan exempts from the definition of forced labour work required in the conditions of a state of emergency or war. It again requests the Government to indicate whether any law on the state of emergency has been adopted, and if so, to supply a copy. 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.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the Criminal Code provisions punishing with sanctions of imprisonment the “illegal deprivation of a person’s freedom” for the purpose of sexual or other exploitation (section 126(3)(b)) and “recruitment of persons for exploitation and trafficking” (section 128). It requested the Government to provide information on the application of these sections in practice.

The Committee notes the Government’s indication in its latest report that no cases of illegal exaction of forced or compulsory labour have been identified. However, the Committee has noted from the Government’s report concerning the application of Convention No. 182, likewise ratified by Kazakhstan, that a certain number of cases have been registered in 2006 and 2007 under section 128 in relation to minors.

The Committee again requests the Government to provide, in its next report, information on the application in practice of sections 126(3)(b) and 128 in relation to adult persons, supplying sample copies of the relevant court decisions and indicating the penalties imposed. Please also provide information on the application in practice of section 125(3)(b) of the Criminal Code (“abduction of a person for the purpose of exploitation”), to which reference has been made in the Government’s report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee has noted the Government’s report received in 2006 and requests the Government to provide additional information on the following matters:

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. Please 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 article 36 of the Constitution of Kazakhstan, citizens of Kazakhstan 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 been supplied, the Committee hopes 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 noted that penal sanctions of deprivation of freedom and restriction of freedom (provided for in sections 48 and 45 of the Criminal Code) involve compulsory prison labour under procedures and conditions defined by the Code governing the execution of penal sentences of 1997 (sections 99 and 47). The Committee noted that compulsory labour of convicted persons may be exacted at the enterprises and organizations “of various forms of ownership” and observed that the wording of sections 99 and 47 does not seem to exclude that prisoners may be hired to or placed at the disposal of private enterprises, contrary to the provisions of Article 2(2)(c) of the Convention.

While this Article strictly prohibits prisoners from being hired to or placed at the disposal of private undertakings, the Committee has pointed out in its previous General Surveys, as well as in its most recent General Survey of 2007 on the eradication of forced labour (paragraphs 59–60), that, provided convicted prisoners voluntarily consent to such work, without being subjected to pressure or menace, such work does not fall within the scope of the Convention. At the same time the Committee has indicated that, bearing in mind the captive circumstances of prisoners, there must be safeguards to ensure that their consent is given freely and voluntarily. The Committee, in paragraphs 114–122 of its General Survey of 2007 referred to above, discussed the safeguards which include not only written formal consent, but further, that the most reliable indicator of voluntariness of the labour is if the work is performed under conditions which approximate a free labour relationship. Factors to be taken into account in such circumstances would include, for example, that there was a level of wages and social security provisions which approximated a free labour relationship.

In the light of the above explanations, the Committee again requests the Government to indicate whether convicted persons serving sentences of deprivation of freedom and restriction of freedom may work in workshops run by private enterprises inside or outside the penitentiary institutions, and if so, on what terms and conditions, supplying copies of relevant texts.

Please also indicate whether convicted persons serving a sentence of compulsory participation in public works (section 42 of the Criminal Code and section 30 of the Code governing the execution of penal sentences) can be placed at the disposal of private companies engaged in the execution of public works.

Noting also the provisions of the Code of Administrative Offences concerning “administrative arrest”, which is assigned by a court decision for a term of up to 15 days (section 31) and involves an obligation to perform labour under the supervision and control of local authorities (section 322), the Committee again requests the Government to indicate whether convicted persons serving a penalty of “administrative arrest” can be placed at the disposal of private companies (e.g. those engaged in the execution of public works).

Article 2(2)(d). Work exacted in cases of emergency. The Committee previously noted that article 24 of the Constitution of Kazakhstan excludes from the prohibition of forced labour work required in the conditions of a state of emergency or war. It again requests the Government to indicate whether any special legislation on the state of emergency has been adopted and, if so, to supply a copy. 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.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously noted the Criminal Code provisions punishing with sanctions of imprisonment the “illegal deprivation of a person’s freedom” for the purpose of sexual or other exploitation (section 126(3)) and “recruitment of persons for exploitation and trafficking” (section 128, as amended in 2003). It again requests the Government to provide information on the application of sections 126(3) and 128 in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points.

Articles 1(1) and 2(1), of the Convention. Freedom of career military servicemen to leave their service. Please 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 notes that, by virtue of article 36 of the Constitution of Kazakhstan, citizens of Kazakhstan perform military service in accordance with the law. The Committee would appreciate it if the Government would supply copies of laws concerning compulsory military service and, eventually, alternative (non-military) service. As regards compulsory military service, please 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 notes that penal sanctions of deprivation of freedom and restriction of freedom (provided for in sections 45 and 48 of the Criminal Code) involve compulsory labour under procedures and conditions defined by the Code governing the Execution of Penal Sentences of 1997 (sections 47 and 99); such compulsory labour may be exacted at the enterprises and organizations "of various forms of ownership". The Committee observes that the wording of sections 47 and 99 does not seem to exclude that prisoners may be hired to or placed at the disposal of private individuals, companies or associations, contrary to the provision of Article 2(2)(c) of the Convention. As the Committee repeatedly pointed out, work by prisoners for private companies can be held compatible with the explicit prohibition of the Convention only if performed in conditions approximating to a free employment relationship; this necessarily requires the formal consent of the person concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc. In this connection the Committee, referring also to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), requests the Government to indicate whether convicted persons serving sentences of deprivation of freedom and restriction of freedom may work in workshops run by private enterprises inside or outside the penitentiary institutions, and if so, on what terms and conditions, supplying copies of relevant texts.

Please also indicate whether convicted persons serving a sentence of compulsory participation in public works (section 42 of the Criminal Code and section 30 of the Code governing the Execution of Penal Sentences) can be placed at the disposal of private companies engaged in the execution of public works.

Noting also the provisions of the Code of Administrative Offences concerning "administrative arrest", which is assigned by a court decision for a term of up to 15 days (section 31) and involves an obligation to perform labour under the supervision and control of local authorities (section 322), the Committee requests the Government to indicate whether convicted persons serving a penalty of "administrative arrest" can be placed at the disposal of private companies (e.g. those engaged in the execution of public works).

Article 2(2)(d). Work exacted in cases of emergency. The Committee notes that article 24 of the Constitution of Kazakhstan excludes from the prohibition of forced labour, work required in the conditions of a state of emergency or war. Please indicate whether any special legislation on the state of emergency has been adopted, and if so, please supply a copy. 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.

Article 25. Penal sanctions. The Committee notes the Criminal Code provisions punishing with sanctions of imprisonment the "illegal deprivation of a person’s freedom" for the purpose of sexual or other exploitation (section 126(3)) and "recruitment of persons for exploitation and trafficking" (section 128, as amended in 2003). It requests the Government to provide information on the application of sections 126(3) and 128 in practice, supplying copies of the relevant court decisions and indicating the penalties imposed.

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