The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families today concluded its consideration of the second periodic report of Kyrgyzstan, with Committee Experts commending Kyrgyzstan on the significant progress made on trafficking legislation, and asking about the rights of Kyrgyz migrants in the Russian Federation, and the situation of children in Kyrgyzstan whose parents were migrant workers abroad.
Jasminka Dzumhur, Committee Expert and Country Rapporteur, said significant progress had been made in the reform of legislation, including criminal legislation which provided criminalisation on trafficking and smuggling in the context of migration.
Azad Taghi-Zada, Committee Expert and Country Rapporteur, said the largest migration flow from Kyrgyzstan went to Russia, and information had been received that these migrant workers could sometimes be used as mercenaries in military action. This was very worrying. Was there any up-to-date information on this? What figures existed, and what measures were being taken to protect the rights of the people concerned? Can Ünver, Committee Expert and Country Rapporteur, said the Russian Federation was not party to the Convention. The availability of consular services represented a challenge for Kyrgyzstan. Were there new measures which enabled Kyrgyz workers in other countries to be assisted?
A Committee Expert asked which policies and measures were implemented to protect children whose parents were working abroad? In cases where parents had emigrated for work, there was a requirement to appoint a legal guardian for their children. Was this done in practice? Was there a law in place? If a legal guardian was not appointed, what was done to ensure proper guardianship for these children?
The delegation said the question of the potential participation of Kyrgyz citizens in the military zone was raised regularly during consultations with the Russian Federation. Kyrgyzstan had stated the total unacceptability of sending Kyrgyz citizens to the war zone. Russia had also said there were currently no convicts taken to special military operations, particularly through the Wagner outfit. Work was carried out by consular representatives to raise awareness about the non-acceptability of working with mercenaries, and the criminal liability which could occur. Within Russia, there were six representations of the Kyrgyz embassy, as well as six honorary consuls, spread throughout the country. Where there were no consular services, there were travelling services to address issues affecting citizens.
The delegation said a decree had been approved on temporary guardianship for children whose parents had left Kyrgyzstan in search of work. According to the provisions, a request could be filed by workers to the local authorities of their place of residence. The local authorities provided care for children in Kyrgyzstan and repatriated them from the Russian Federation and other States when necessary. The State provided benefits to protect the children of migrant workers. Over 1,200 families with children up to the age of 17 received benefits.
Nurdoolot Bazarbaev, First Deputy Minister of Labour, Social Security and Migration of Kyrgyzstan and head of delegation, presenting the report, said migration processes now affected almost everyone in the country and had become a central part of life. Since the submission of the country’s initial report in 2015, the trends of labour migration in Kyrgyzstan had changed significantly, as had the approach to State policy. Earlier, migration issues were approached from a social point of view, but now the State was trying to introduce economic instruments of regulation, taking into account the interests of migrants. According to Kyrgyzstan’s legislation, foreign citizens and stateless persons had equal rights and obligations with citizens of Kyrgyzstan, except in cases where laws or international treaties stated otherwise. Kyrgyzstan was moving from being a country of origin to a country of destination.
In concluding remarks, Ms. Dzumhur thanked Kyrgyzstan for the high-quality dialogue. She encouraged the State to take actions based on the Committee’s concluding observations, and to call on international organizations for technical assistance. She wished the delegation a successful return to Kyrgyzstan.
Mr. Bazarbaev thanked the Committee members for their contribution to the State’s efforts to protect the rights of migrant workers. Migration processes depended on interaction between sending and receiving countries. Kyrgyzstan would continue to make progress to achieve the highest possible standards in human rights.
The delegation of Kyrgyzstan was comprised of representatives from the Ministry of Labour, Social Security and Migration; the Ministry of Internal Affairs; the Ministry of Foreign Affairs; the Administration of the President of the Kyrgyz Republic; and the Permanent Mission of Kyrgyzstan to the United Nations Office at Geneva.
Source : OHCHR