Kazakhstan and the refugee system

Problem of refugees became actual in Kazakhstan after USSR collapsed in 1991 and was followed by different gravations of interethnic problems, discriminations of the rights of local nation. Since 1989, in the former Soviet Union more than 9 million people were forced to relocate. For further illustration, one can say that one of the thirty inhabitants of the former Soviet Union was forced to move after the collapse of the Soviet Union. In Central Asia, the situation is even more dramatic: every twelfth inhabitant was forced to relocate. It should be noted that the forced migration seriously disrupted social integration of people from one environment to another it moves painfully tearing and social ties and artificially creating such links in a new place. Since Kazakhstan gained its state independence have been intensively developing its contacts with the UN and international organizations of the UN system. In the words of KK Tokaev, former Minister of Foreign Affairs of Kazakhstan, during the first years of work in the UN and international organizations, the delegation of Kazakhstan were limited to a general overview of the process of codification and progressive development of various branches of international law, with the development of national legislation and the strengthening of legal experience opportunities and potential of the country in this plan increased. By joining December 15, 1998 to the 1951 Convention and its Protocol of 1967, Kazakhstan has assumed certain obligations towards refugees by the international community. First of all, it is the duty to respect the principles of non-refoulement, access to the procedure for granting refugee status, the awareness, the possibility of appealing against the decision, and for the term of registration of the case and the appeal. Despite the fact that the accession to the 1951 Convention and the 1967 Protocol one of the conditions for full-fledged entry of new countries into the international community, the lack of preparatory work for the establishment of the necessary material base, which allows to fully implement their commitments, have led to the adoption of the exorbitant States Central Asia (with the exception of the Republic of Uzbekistan) obligations, resulting in legislative consolidation of the rights of refugees often wore a declarative character as a result of undeveloped mechanisms for implementation of the rights of refugees, lack of funding of state programs to protect refugees, and most importantly - the lack of political will in solving the problems of refugees. Often, state authorities of the countries of Central Asia believed that the country has far more important issues (unemployment, ethnic immigrants, state social protection of citizens, etc.). For example, in our country at the end of 2000, there were 20,574 refugees, 86 percent of whom were from Eastern Europe and Central Asia. In the period since 1988 has sharply increased the number of refugees from Chechnya; at the end of 2000 they accounted for 61.6 percent of all refugees in the country, the second and third largest are refugees from Tajikistan (24.2 percent) and Afghanistan (11.9 percent). However, the Kazakh authorities have registered only 915 refugees and 124 asylum-seekers from countries outside the region of Eastern Europe and Central Asia.

December 4, 2009 adopted the Law of the Republic of Kazakhstan "On Refugees", which is January 1, 2010 comes into force, to address deficiencies in the previous law. In particular, the criteria and procedures for assigning the status, provided for protection of the rights of asylum seekers and refugees, as well as secured their basic rights and duties on the territory of Kazakhstan. In addition, clarified the procedure for filing and registration of applications for refugee status, increased timeframe for a decision by the authorized body for refugee status to three months from the date of registration. In accordance with the legislation of Kazakhstan, refugees are entitled to:

· medical care in accordance with the legislation of the Republic of Kazakhstan in the field of health;

· freedom of labor or entrepreneurial activities in accordance with the laws of the Republic of Kazakhstan;

· judicial protection of property and personal non-property benefits and rights.

Adoption of the law was welcomed by the UNHCR Regional Office for Refugees, which, it was noted that the law represents a significant step towards bringing Kazakhstan's legislation into line with international obligations under the Convention relating to the Status of Refugees of 1951 and its 1967 Protocol.

In order to implement the Law "On Refugees" Resolution of the Government of Kazakhstan dated March 9, 2010 "On approval of assignment rules, extension, revocation and termination of refugee status", which determines the order of assignment, extension, revocation and termination of refugee status.

As part of the President's Decree of 17 August 2010 "On measures to improve the effectiveness of law enforcement and the judicial system in the Republic of Kazakhstan" functions of the Ministry of Labour and Social Welfare in the area of ​​migration and refugee work transferred to the Ministry of Interior. November 29, 2010 Ministry of the Interior approved the decree "On approval of rules of registration and consideration of applications for refugee status," which stipulates the procedure for registration and consideration of applications for refugee status. The mechanism and procedure for consideration of applications for refugee status is determined in accordance with generally recognized international legal standards of asylum.

As part of the President's Decree of 17 August 2010 "On measures to improve the effectiveness of law enforcement and the judicial system in the Republic of Kazakhstan" functions of the Ministry of Labour and Social Welfare in the area of ​​migration and refugee work transferred to the Ministry of Interior. November 29, 2010 Ministry of the Interior approved the decree "On approval of rules of registration and consideration of applications for refugee status," which stipulates the procedure for registration and consideration of applications for refugee status. The mechanism and procedure for consideration of applications for refugee status is determined in accordance with generally recognized international legal standards of asylum.

The Republic of Kazakhstan have to go through a long, difficult path to ensure the effective protection of human rights in accordance with international standards. Undoubtedly the adoption of the Law "On Refugees" is a huge step in the approximation of national legislation of Kazakhstan to the international standards for the protection of the rights of refugees, proof that our government puts above all interests and human rights, affirming the guarantee of protection not only to its citizens, but also foreigners.

All claims for asylum should be made to the Migration Police Committee of the Ministry of Internal Affairs of the Republic of Kazakhstan.

If you believe that upon return to your country of origin, you will be persecuted for reasons of race, nationality, religion, political opinion, or membership in a particular social group, you may submit an asylum claim to the local department of the Migration Police within five calendar days of your arrival to Kazakhstan or from the moment you have learnt that you may be subjected to persecution in your country of origin. In case of forced illegal crossing of the State Border of the Republic of Kazakhstan by an asylum-seeker, an asylum claim shall be filed within 24 hours at the Migration Police. After the registration of your asylum claim, you will be issued an asylum-seeker's certificate, which will provide you with a legal status to remain in Kazakhstan until the final determination of your asylum claim.

After the registration of your asylum application, you will be invited for an interview with a Migration Police Officer. During the interview, you will have to state why you are in need of asylum in Kazakhstan and present all documents supporting your identity and asylum claim. You have the obligation to be truthful in all aspects of your personal information and claim, as well as to relate the full facts and circumstances of your claim. Failure to do so may lead to the rejection of your asylum claim. Within three months of the registration of your asylum application, the State Refugee Status Determination Commission should issue a decision on your application. In some cases, when additional review is needed, a decision may be issued up to one year from your initial application. If you are recognized as a refugee, you will be informed about this in person by the Migration Police. You will be issued a refugee certificate and provided with information on your status, rights and obligations in Kazakhstan as a refugee by the Migration Police. If your application is rejected, you will receive written notification with the reasons for rejection. If you believe that you have been issued with an erroneous decision, you have the right to appeal the negative decision within 3 months from your receipt of the decision in the higher authorized body and/or in a court. Any assistance in appealing your decision should be addressed to our partner organization, the Kazakhstan International Bureau for Human Rights and Rule of Law (BHR).

The appeal procedure is comprised of one administrative instance and four judicial instances. The administrative appeal may be made directly to the Migration Police Committee, which is considered in Astana. You may appeal simultaneously to both administrative and judicial appeals instances. The four judicial appeal instances are as follows:

· First judicial instance (District Court)

· Second judicial instance (Appellate Judicial Board of the City/Oblast Court)

· Third judicial instance (Cassation Judicial Board of the City/Oblast Court, considered the final instance with suspensive effects

· Fourth judicial instance (Supervisory Judicial Board of the Supreme Court of Kazakhstan, which is a review instance focused mainly on procedure).

Failure to abide by the laws of Kazakhstan on the appeal deadlines and procedure may lead you to lose your legal status as an asylum-seeker. If you do not appeal, this will constitute an abandonment of your asylum claim. You will not be considered an asylum-seeker and will be subject to forced removal by the authorities and/or fines. If you receive a final rejection at the third or fourth judicial instance (Cassation Judicial Board of the City/Oblast Court or Supervisory Judicial Board of the Supreme Court of Kazakhstan) and still believe the decision was erroneous, please contact UNHCR. As an asylum-seeker, you have the following rights in accordance with the laws of Kazakhstan. You have the right to access free interpretation/translation services and information about the refugee status determination procedure, asylum-seeker rights and responsibilities from the Migration Police; to apply for refugee status through consular bodies of the Republic of Kazakhstan; to withdraw your refugee status application; to appeal the rejection decision issued by the Migration Police; to reside in the Republic of Kazakhstan until a final decision is made on your refugee status application, including appeal periods; to voluntary return your country of origin or voluntarily depart to another country; to health services in accordance with the healthcare legislation of the Republic of Kazakhstan; to freedom of employment and entrepreneurship in accordance with the legislation of the Republic of Kazakhstan; to judicial protection of property and personal non-property rights and benefits. You also have other rights and freedoms as well as responsibilities provided by the Constitution, laws and international treaties of the Republic of Kazakhstan. As an asylum-seeker, you have the following obligations in accordance with the laws of Kazakhstan. You have the obligation to provide complete and truthful information of your asylum claim; to undergo a mandatory medical examination according to the terms and procedures provided by the authorised healthcare body; to comply with the legislation of the Republic of Kazakhstan; to inform the authorised body on any intention to leave the territory of the Republic of Kazakhstan; to de-register with the authorised body and interior affairs bodies in the case of a change of address in the territory of the Republic of Kazakhstan and to respectively re-register within 5 working days as of your arrival at the new place of residence.

Conclusion

The concept of refugees as people fleeing persecution is central to efforts to aid and protect them. However, debates exist about what constitutes "persecution." Some parties ask whether the persecution must be state-sponsored and focused on individuals, or whether widespread social practices and attitudes also qualify as grounds for persecution. Further arguments surround what constitutes a human rights abuse and what is a "cultural practice."There a lot of information about refugees. A lot of things are done to make sure that their human rights are still same and not discriminated. But last years there too much asylum seekers and most of them are trying to move to Europe in order to get a better life. Helping refugees is very good but at the same time economic of this country is getting bad, because giving more money and jobs for refugees, means that local citizens are getting less. And of course it will cause some kind of strikes, disagreement from people. Kazakhstan is also open for all of the refugees, providing them with medical care, freedom of labor and judicial protection of property. But government needs to be careful with money spending on these programs, trying to be welcome.

Refugees’ status, rights and obligations was very interesting topic for me. Honestly I learned a lot of information that I couldn’t understand or explain before. And remembering some news, it was easier for me to understand why government acted that way and why there so many different consequences. Making examples, made it way easier to understand, even the classification. The international legal definition of the term "refugee" also excludes those who move not as a result of persecution, but as a consequence of natural disasters (such as drought, floods, or earthquakes), environmental factors, or famine. They are excluded even though they may need international protection and assistance because their home country cannot or will not provide these things. The terms "forced migrants" or "forced displacement" are used to describe people in these circumstances. Similarly, the term "refugees" also excludes people who move primarily for economic reasons. Even when they are leaving conditions of extreme poverty, they fall under the rubric of "economic migrants." One final group is "asylum seekers." These are persons who have arrived in a country seeking to be recognized as refugees. If, when adjudicated, their claim is found to be legitimate, they are granted refugee status. If the circumstances of their movement are judged not to conform to the definition of a refugee, their claim is denied and they become "rejected asylum seekers."

Bibliography

1) UNHCR. The state of world’s refugees, 2012.

2) Law of the Republic of Kazakhstan about refugees. http://online.zakon.kz/Document/?doc_id=30525705

3) Convention of refugees state, 1951. http://online.zakon.kz/Document/?doc_id=1010897

4) Закон «О беженцах» придаст импульс обеспечению их прав в РК

http://www.zakon.kz/166595-zakon-o-bezhencakh-pridast-impuls.html

5) Legal state of refugees in the Republic of Kazakhstan

http://articlekz.com/article/11185

6) Kazakhstan and UNHCR Central Asia

http://www.unhcr.kz/eng/resources/information-for-refugees/kazakhstan/

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