Identifier
Created
Classification
Origin
07ASTANA614
2007-03-07 12:06:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Astana
Cable title:  

KAZAKHSTAN SUBMISSIONS FOR 2007 TIP REPORT

Tags:  KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB 
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VZCZCXRO8373
OO RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHTA #0614/01 0661206
ZNR UUUUU ZZH
O 071206Z MAR 07
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8716
INFO RUEHAST/USOFFICE ALMATY
RUCNCIS/CIS COLLECTIVE 0076
RUEAWJA/DEPT OF JUSTICE WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHDC
UNCLAS SECTION 01 OF 16 ASTANA 000614 

SIPDIS

SENSITIVE

SIPDIS

DEPARTMENT FOR G/TIP (MHALL),G, SCA/CEN (O'MARA),
SCA/RA (LEE),INL/AAE (ALTON),DRL, PRM, AND IWI
PLEASE ALSO PASS TO USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
PREL, KZ
SUBJECT: KAZAKHSTAN SUBMISSIONS FOR 2007 TIP REPORT

REF: 06 STATE 202745

ASTANA 00000614 001.2 OF 016


UNCLAS SECTION 01 OF 16 ASTANA 000614

SIPDIS

SENSITIVE

SIPDIS

DEPARTMENT FOR G/TIP (MHALL),G, SCA/CEN (O'MARA),
SCA/RA (LEE),INL/AAE (ALTON),DRL, PRM, AND IWI
PLEASE ALSO PASS TO USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
PREL, KZ
SUBJECT: KAZAKHSTAN SUBMISSIONS FOR 2007 TIP REPORT

REF: 06 STATE 202745

ASTANA 00000614 001.2 OF 016



1. SUMMARY: Post is pleased to submit the following
information in response to reftel request.

--------------
OVERVIEW (PARA. 27)
--------------


2. (SBU) (27A) Kazakhstan is a destination, transit,
and source country for people traffQked for the
purposes of forced labor and sexual exploitation.
Kazakhstan serves as destination country for young and
middle-age men trafficked for labor purposes from
neighbouring countries, primarily Uzbekistan, but also
Kyrgyzstan, Tajikistan, and sometimes from other
Commonwealth of Independent States (CIS) countries.


3. (SBU) (27A) Kazakhstan is a destination country for
young women trafficked for sexual exploitation from
neighbouring countries, mainly Uzbekistan and
Kyrgyzstan. According to data provided by the
International Organization for Migration (IOM),in
2006, 34 female and 26 male victims from Uzbekistan,
and one male from Ukraine via Russia were trafficked
to Kazakhstan. In some cases, the victims suffered
from both sexual and labor exploitation. There were
also cases Qen sexually exploited victims or (more
rarely) forced laborers were involved in other
criminal activities organized by their traffickers
(pick pocketing, drug dealing, etc.)


4. (SBU) (27A) Kazakhstan serves as transit country
for victims recruited in neighbouring countries,
mainly Uzbekistan, Kyrgyzstan, and Tajikistan and
transported through Kazakhstan to Russia for either
sexual or labor exploitation or to the Middle East for
sexual exploitation. Transit includes from Uzbekistan
by land to South Kazakhstan, from South Kazakhstan by
air to United Arab Emirates; from Tajikistan by land
to Kazakhstan, from Kazakhstan to Russia.


5. (SBU) (27A) Kazakhstan also serves as a country of

origin for male and female victims trafficked to
Russia for labor and sexual exploitation and young
women recruited in Kazakhstan and trafficked to
Turkey, UAE, Greece, and Israel for sexual
exploitation. According to IOM, in 2006 one female
from Kazakhstan was trafficked to Turkey, three
females to Thailand, and seven to the UAE (four of
them transiting via Kyrgyzstan, and one of them via
Azerbaijan). One female was trafficked from
Kazakhstan to Germany, two females and one male victim
to Russia, and one female to Uzbekistan.


6. (SBU) (27A) IOM registered 24 female victims and
one male victim of in-country trafficking in 2006.
Over the reporting period IOM provided assistance to
104 people who requested assistance because of
trafficking concerns (75 female and 29 male). IOM
registered and monitored each trafficking case
reported to IOM by the victims, their families,
police, or through hotlines within and outside of
Kazakhstan.


7. (SBU) (27A) Compared to previous years,
international experts reported a slight decrease in
the number of cases of citizens being trafficked
abroad for sexual or labor exploitation and an
increase in labor trafficking into and within the
country. Experts believed the economic growth of the
country, especially in relation to its neighbours,
contributed directly to both trends. Similarly, the
relative economic prosperity in the capital Astana,
the largest city Almaty, and the western oil field
cities of Aktau and Atyrau, has drawn job-seeking
Kazakhstanis from rural villages, some of whom become
victims of labor trafficking within the construction
industry. Open borders between Kazakhstan and other
CIS countries, growth of migration flows between

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neighbouring countries and within Kazakhstan, and
globalization of organized crime create bigger
opportunities for criminals to establish reliable
routes for smuggling human beings.


8. (SBU) (27A) Socioeconomic conditions, rather than
ethnic patterns, are the most common indicator for
trafficking risk groups within Kazakhstan. The
analysis shows that women in the age group from 16 to
25 are most vulnerable to being trafficked for sexual
exploitation; men in the age group from 20 to 35 and
teenage boys aged 14-19, mainly from Central Asian
countries, comprise the majority of victims of
trafficking for labor exploitation. Labor trafficking
is primarily focused on providing workers for the
construction business and agriculture. Adolescents
raised in orphanages, or in the families of alcoholics
and drug abusers, regardless of gender, were
particularly vulnerable to being trafficked due to a
lack of a solid support network. Illegal migrant
laborers were also at high risk of becoming victims of
trafficking.


9. (SBU)(27 A&B) Small trafficking rings, often
involving employment and travel agencies, facilitated
trafficking of individuals out of Kazakhstan. There
were multiple cases involving small trafficking rings
consisting of recruiters located in Kazakhstan, some
of whom were former victims of sex trafficking, linked
to brothel operators located in the destination
country. In several of these cases, the traffickers
had family ties and exploited those outside the family
group. Domestic NGOs reported some instances in which
sexual exploitation and domestic labor traffickers
victimized their own family members, usually teenaged
girls. In the majority of cases, the victims were
offered lucrative jobs through close relatives or
friends and in some rare cases were sold by their
mothers who were usually alcoholics. Traffickers
often escorted the victim or the group of victims and
assisted them in crossing the border. After crossing
the border, traffickers pass the recruited individual
or group to an intermediary who escorted the victims
to the exploiters.


10. (SBU) (27 A&B) False documents were often used to
move the victims, from Kazakhstan to the UAE or
Israel. On routes from Kazakhstan to Turkey or
Russia, victims were trafficked under valid documents.
However, after crossing the border or upon arrival at
the destination, the exploiters took the victims?
identity and travel documents. Labor traffickers
commonly held victims' identity documents and strictly
controlled their movements, provided substandard
communal housing and meals, and isolated the victims
to prevent discovery. To move victims to Kazakhstan,
traffickers often used the porousness of the borders
especially those between Kazakhstan and Uzbekistan.
In some cases, victims did not have any documents at
all when they crossed the border under the
traffickers? escort. Agricultural and construction
laborers often began working under the false belief
that the trafficker was a legitimate employer. IOM
and NGOs reported that it was common practice for
exploitative employers to withhold payment of wages
until the end of a project, paying less than what had
been agreed, if at all.


11. (SBU)(27B&C) Over the past several years, the
government has shown the political will to address
trafficking in persons from all angles - as a law
enforcement challenge, as a social protection issue,
as a labor issue, and as a component of the country's
international relations. However, lack of practical
experience in dealing with TIP cases, unwillingness of
victims to cooperate with law enforcement due to
security reasons, as well as the transnational nature
of the crime and the attendant complex and time-
consuming investigation make it difficult to address
this problem.

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12. (SBU) (27B&C) President Nazarbayev signed a new
law amending existing TIP legislation on March 2,

2006. It addressed the most serious limitations to
the government's ability to address trafficking. The
legislation covers serious legislative gaps that
impeded the pace of Kazakhstan's progress, most
significantly in terms of law enforcement and
prosecution efforts. Overall, corruption remains a
problem; it affects anti-TIP efforts as well as other
law enforcement efforts. Law enforcement authorities
uncovered 33 percent more corruption related crimes in
2006 than in 2005.


13. (SBU) (27B&C) Although most of the anti-TIP
training provided by international experts was funded
by other sources, the Government of Kazakhstan (the
Government) demonstrated a consistent commitment to
devoting law enforcement, Procuratorial, labor,
education, information, and social welfare personnel
and other resources to address the problem of
trafficking in persons.


14. (SBU) (27D) In 2006, the Government developed a
procedure to collect and track data on crimes,
including those related to human trafficking, that
allows users to systematically monitor its anti-
trafficking efforts. The Procurator General?s Office
(PGO) maintains an integrated card catalogue of
adjudications and the Integrated Unified Statistical
System (IUSS) in which statistical data is stored.


15. (SBU) (27D) In order to further improve
information support to law enforcement and other
public authorities, the Statistics Committee of the
PGO created a new computer based Information Service
system, which allows all concerned public agencies to
have on-line access to the Committee?s crime databases
beginning in the first quarter of 2007. In addition,
the Government is discussing the possibility of
establishing a separate information data section,
where the information on human trafficking would be
extractable from the Committee?s database. Remote
access to the data would be provided to those
supervising the investigative compliance, detective
force compliance, and criminal trial compliance
departments, as well as to the internal affairs and
national security agencies.

--------------
PREVENTION (PARA. 28)
--------------


16. (SBU) (28A&B) The Government acknowledges that
trafficking is a problem in Kazakhstan, and is taking
steps to address it. The Ministry of Justice (MOJ) is
the lead agency in coordinating anti-TIP efforts in
the government. An interagency TIP Working Group (the
"Working Group") led by the Minister of Justice (MOJ),
includes representatives of the Ministries of Internal
Affairs (MVD); Foreign Affairs (MFA); Labor and Social
Welfare(MOL); Education and Science(MOES); and Culture
and Information (MCI). Also represented are the
Committee for National Security (KNB),which
supervises the Border Guards; the office of the
Procurator General (PGO); and the National Commission
on Family and Gender Policy. All of these ministries
and agencies have responsibilities for combating
trafficking.


17. (SBU) (28C) Previous trafficking prevention
campaigns have resulted in increased overall awareness
of the issue, especially in the media (see para. 73).
In 2006, as a result of the active engagement of the
Government, NGOs, IOs and diplomatic missions with
the editorial boards of newspapers, information
agencies and national TV and radio companies,
electronic mass media published 800 stories and videos
concerning TIP; over 1,000 articles were published in
the national newspapers; regional newspapers published

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approximately 900 articles. Newspaper articles
totalled about 677 printed pages.


18. (SBU) (28C) In addition, the MOES prepared the
second and third volumes of a periodical summary
report on implementing the Convention on the Rights of
the Child in Kazakhstan, which discusses further
strengthening of the fight against illicit trafficking
in minors. This report has been posted on the MOES
web-site and published in the national journal
Zhastar.


19. (SBU) (28C) Furthermore, Procurators from the
capital city, Astana, provided a thorough analysis of
relevant TIP laws and potential punishments for
committing the crime of trafficking in a weekly
television news program called Hard Talk. Almaty
Procurators also explained on TV the liabilities and
potential punishment for illicit human trafficking.


20. (SBU) (28C) Law enforcement officials also met
with community groups to discuss TIP. For example,
authorities conducted a series of presentations at
selected educational institutions and universities to
discuss the protection of victims' constitutional
rights in the context of trafficking in people,
preventive measures aimed at curbing trafficking, and
criminal code provisions related to liability for
trafficking.


21. (SBU) (28C) IOM's multiyear educational campaign,
financed through a grant from USAID, is linked to a
network of hotlines staffed by TIP NGOs that provide
information for those contemplating working abroad and
assistance for trafficking victims and their families.
Through a project "Combating Trafficking in Persons in
Central Asia" funded by USAID, partner NGOs operating
the hotlines were trained by IOM. During the period
from January 1 through December 31 the 12 hotlines
throughout Kazakhstan received 9,059 calls. 131
people with concerns about trafficking were assisted.


22. (SBU) (28C) Within Post?s INL funded anti-TIP
program, IOM developed and distributed almost 4,500
pieces of informational materials (TIP guidelines,
posters, notepads, and plastic cards) and
paraphernalia (t-shirts, coffee/tea mugs) containing
counter-trafficking information. INL and IOM
disseminated this material among the divisions of law
enforcement agencies in the cities and oblasts of
Kazakhstan, to participants of all anti-TIP training
sessions conducted by IOM, including those conducted
in the MVD Legal Institute in Karaganda where future
MVD lawyer-officers are trained.


23. (SBU) (28D) The government recognizes that its
relative economic prosperity, especially in relation
to its neighbours, contributes to increased in-
trafficking. During the first ten months of 2006,
1,665,848 foreigners visited Kazakhstan. Migration
authorities found 80,141 individuals had committed
administrative violations, which could include failing
to register visas, while 63,689 individuals were found
in violation of various other migration rules. 10,952
individuals were deported from the country. In order
to control labor migration and protect the domestic
labor market, the Government established annual quotas
for foreign labor, which are designed to limit and
properly distribute foreign labor based on the market
situation and the economic demand for skilled labor.
According to local MOL officials, about 33,200 foreign
specialists were working in Kazakhstan within the
labor quota as of January 1, 2007.


24. (SBU) (28D) In 2006 as a result of a now expired
one-time law on the amnesty of illegal migrants,
144,227 labor migrants were legalized. The migrants
came from Uzbekistan (71.5%),Kyrgyzstan (14%),Russia
(6.7%),Tajikistan (2.9%),and other countries (4.7%).
The bulk of the legalized labor immigrants work in the

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civil construction sector (99,858 persons); 19,632 in
the services sector; 13,082 in the agricultural
sector; 4,668 in other sectors of the economy; and
6,110 in the informal market sector (domestic
service). Over one third of those legalized were 30
to 45 years old.
.

25. (SBU) (28E) The Government of Kazakhstan
cooperated with IOM, the OSCE, domestic NGOs and
foreign embassies in anti-TIP efforts. The following
examples demonstrate the cooperation.

26. (SBU) (28E) 17 Uzbek victims of trafficking were
rescued in August because of joint efforts of IOM, a
local NGO, and the Anti-Organized Crime Unit of the
West Kazakhstan Transportation Police Department in
Aktobe. (Note: Uzbekistani police and NGOs also
cooperated in prosecution of this case. End note.)
The criminal case was initiated by the police in
August 2006 and the court hearings began in late
December. Interested individuals, including some
observing the court hearings, wore T-shirts with the
logo "Stop Trafficking in People" which were produced
by IOM through an INL grant to increase public
awareness of the crime of trafficking. The case was
widely publicized and the t-shirt wearing participants
were even shown on national television. IOM and its
partner NGO in Aktobe have been providing medical,
psychological and legal assistance to the victims.

27. (SBU) (28E) In mid-December the same West
Kazakhstan Transportation Police department referred
three women rescued from a clandestine brothel to an
IOM NGO partner in Aktau. IOM reported to EmbOffs
that they always receive strong support and
cooperation in trafficking cases from the police
department in Aktobe.

28. (SBU) (28E) In November the South Kazakhstan
Oblast Police Department referred four victims who had
been trafficked from Uzbekistan to Kazakhstan to IOM?s
NGO partner in Shymkent.

29. (SBU) (28E) Two Uzbek victims of labor
exploitation were rescued by the police in Astana in
May. The case was detected by an NGO partner in
Nukus, Uzbekistan and referred to an NGO in Astana.
As a result of the close cooperation, the victims were
rescued by the police and the NGO, and temporary
accommodation was arranged by IOM for the period of
investigation.

30. (SBU) (28E) In addition, the Government actively
participated in all counter-trafficking events
organized by foreign embassies, international
organizations and domestic NGOs. During the reporting
period, 90 police and migration police officers and
judges received training under an IOM program funded
by Post?s INL program. The Kazakhstani Government
supported public training sessions provided by
domestic NGOs to schools, colleges, youth clubs, penal
colonies, summer camps, polyclinics, etc. Between
April 1 and December 31, an IOM program funded by
USAID trained 8,294 people.

31. (SBU) (28F) Border monitoring has not been widely
utilized in anti-trafficking efforts to date, in part
due to the challenges the country faces in securing
land borders of more than 12,000 km, in addition to
almost 1900 km of Caspian Sea coastline. Population
density along Kazakhstan's borders is relatively low,
making it difficult to detect illicit migration
without advanced technology or a large border force.


32. (SBU) (28F) Through its training center, the
Border Guard Service offers training for passport
control officers assigned to the 150 official points
of entry. The Ministry of Internal Affairs and the
Migration Police acknowledge that capacity for TIP
border screening is limited, with resources
prioritized for detection of WMD materials,
terrorists, narcotics and dangerous contraband.
Notwithstanding resource and other challenges, the
Government required that the Border Guards and the
Migration Police, which are separate law enforcement
entities under the KNB and MVD respectively, develop a

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plan to collect and analyze data related to
trafficking as well as forms of irregular migration.


33. (SBU) (28F) In 2006 the KNB and MVD continued
installation of a unified information system called
Berkut which will allow them to control those entering
and exiting the country, and over resident foreigners.
To identify illegal migration routes, Border Guard and
Customs authorities developed a joint program named
"Migrant" at border-crossings and railway stations to
screen international passenger trains and check
foreigners detained for illegal entry into Kazakhstan.
"Migrant" has now become a regular detection and
prevention operation focusing at supervising compliance
with the Guidelines for Foreigners Residing in
Kazakhstan, and detection and prosecution of illegal
migration.


34. (SBU) (28F) A joint operation was conducted from
May 20 through June 5, 2006, by member-countries of
the Collective Security Treaty Organization (CSTO)
aimed at detecting and closing illegal migration
routes and at curbing transnational organized crime
along the most active migration routes for foreigners
travelling from third countries to the CSTO member-
countries. Per the 2006 Action Plan of the Ministry
of Internal Affairs, an ad-hoc headquarters was
established to counteract illegal migration in the
village of Kordai, Zhambyl Region, from June 5 through
September 18, 2006.


35. (SBU) (28F) Additionally, during patrol
inspections conducted in residential areas of the city
of Ust Kamenogorsk, about 70 Uzbek citizens were found
working illegally. Just one patrol inspection carried
out in the South Kazakhstan Region found over 500
Uzbek citizens working illegally. These facts are not
isolated incidents; illegal workers are found in all
parts of the country. In 2006, the Government
detected 842 employers having a total of 2148 illegal
labor migrants.


36. (SBU) (28F) TIP detection operations conducted in
2006 resulted in the discovery and closure of four
international illegal migration routes; opening and
prosecution of three criminal cases under Article 330-
2 of the Criminal Code (Organizing Illegal Migration);
and detention of 620 illegal migrants. Of these, the
authorities brought charges under the Administrative
Code against 548 individuals; 513 were deported and 24
foreigners were denied entry to the country. In
addition, the Committee for National Security
conducted 18 pre-emptive operations in 2006 to
forestall illegal border transit by residents of
border regions and disrupt the organization of illegal
migration routes.


37. (SBU) (28G) Agencies and ministries coordinate
anti-trafficking efforts through the Working Group
(see para.16),in addition to well-established
protocols for general interagency cooperation. The
MVD and PGO work together on a regular basis to
investigate trafficking cases, and the MCIS and the
MOJ cooperate to produce trafficking education
publications. The Minister of Justice, Zagipa
Baliyeva, serves as the Trafficking Coordinator within
the GOK, and she delegates day-to-day monitoring of
TIP efforts to Elvira Azimova, Head of the
International Law Department within the MOJ. The
Government also has an anti-corruption task force in
place.


38. (SBU) (28H) In April the Government approved a
National Plan of Action to Combat Trafficking in
Persons ("National Plan") for 2006-2008 that was
drafted by the MOJ with input from members of the
Working Group and other stakeholders and interested
parties, including the USG. The National Plan
includes revision of laws and regulations,
introduction of TIP training courses into training

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curricula, development of mechanisms for social
rehabilitation of trafficking victims, creation of
crisis centers etc. The National Plan provides
financial assistance to Kazakhstani citizens who were
illegally trafficked to foreign countries and who
became victims of trafficking, as well as those who
became victims of other crimes and who appeared to be
in force majeure circumstances abroad. The plan was
disseminated through oblast administrations. Post
notes that the GOK is working to fulfill most Plan
elements.

-------------- --------------
INVESTIGATION AND PROSECUTION OF TRAFFICKERS (PARA 29)
-------------- --------------


39. (SBU) (29A) A new law, "Changes and Amendments to
Legislation on Human Trafficking" was enacted March 2,

2006. Changes were made to the Criminal Code,
Criminal Procedural Code, Administrative Code, and the
Decree of the President having the force of law on
foreign citizens. The new changes brought national
legislation into accordance with the provisions of
Article 3 of the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and
Children, supplementing the UN Convention Against
Transnational Organized Crime. The new law covers
both internal and transnational forms of trafficking.


40. (SBU) (29A) The most significant change to
existing legislation was the strengthening of victim
protection and clarification and strengthening of
penalties for trafficking crimes. The Parliament and
Government amended the criminal code to expand the
actions that constituted trafficking to include not
only recruitment of victims, but also sale, purchase,
transportation, and transfer of victims. Any act
facilitating trafficking by hiding or lodging
trafficked persons, or undertaking any other
commercial transaction that contributed to
exploitation, was also prohibited.


41. (SBU) (29A) As a result, where a conviction under
old Article 128 of Criminal Code "Recruitment of or
facilitating movement of individuals out of or through
the country for the purpose of exploitation" was
punishable by a fine and up to eight years in prison,
a conviction under new Article 128 of Criminal Code
"Human Trafficking" is punishable by a fine and up to
15 years in prison and possible confiscation of
assets.


42. (SBU) (29A, B & C) In addition to Article 128
noted above, the government investigates and
prosecutes traffickers under other articles of the
criminal code. Specifically, charges are brought
under:

a) Article 113 (forced removal of human organs and
tissues),punishable by five - ten years of
imprisonment with possible employment/activity
restrictions for up to an additional three years;

b) Article 125 (Kidnapping),punishable by ten - 15
years in prison;

c) Article 126 (Illegal deprivation of freedom, other
than kidnapping),punishable by five - ten years in
prison;

d) Article 133 (Trafficking in minors),punishable by
5-15 years in prison (Note: Previously trafficking in
minors was punishable by two to 15 years in prison.
End note.);

e) Article 270 (Facilitation of prostitution or
recruitment of an individual into prostitution),
punishable by a fine and by three - seven years in
prison;


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f) Article 271 (Establishment or managing brothels or
acting as a pimp),punishable by a fine and up to five
years in prison;

g) Article 330 (Intentional illegal migration into the
country, (other than as a trafficking victim),
punishable by a fine and up to five years in prison;
and

h) Article 330-3 (Repeated violations of regulations
for importation and employment of foreign labor),
punishable by a fine and up to one year in prison.

i) A new Article 275-1 was inserted into the Criminal
Code (Illegal removal of human organs and tissues from
a human corpse),and violations are punishable by five
to seven years in prison and the possibility of up to
three years of employment/activity restriction.

j) An amendment to Article 399 of the Administrative
Code prohibits the use of deceptive advertising to
recruit citizens of Kazakhstan to work abroad.

k) Amended Article 56 of the same law provides for
immediate suspension of deportation proceedings where
a potential deportee alleges that he or she has been
the victim of a serious crime, including trafficking
crimes. Deportation proceedings will not proceed
until criminal investigations and prosecutions are
completed. However, in order for an illegal immigrant
to be considered a victim of a serious crime, law
enforcement authorities must initiate a case against
the purported assailant on the basis of an alleged
crime. Often in practice, authorities do not initiate
a criminal case due to lack of evidence, corruption,
or other reasons. Therefore, frequently the immigrant
cannot be considered a victim and becomes liable for
prosecution or deportation.

l) However, under the amended Article 396 of the
Administrative Code, trafficking victims are exempted
from definitions of illegal immigrants.

m) Accordingly, the presidential decree on the legal
status of foreign citizens was amended to classify
foreign victims of trafficking as protected under the
law and to accord them special temporary residence
rights.
Post?s analysis finds that all these articles taken
together are adequate to cover the full scope of
trafficking in persons.


43. (SBU) (29D) A rape conviction carries a sentence
of three to 15 years in prison, depending on the age
of the victim and the combination of charges filed.
Under Criminal Code Article 120, a conviction for rape
is punishable by three - five years in prison. A
conviction for sexual violence under criminal code
Article 121 is also punishable by three - five years
in prison. Per Criminal Code Article 122, the penalty
for sexual relations with a person under 16 is up to
five years in prison. A separate conviction for
battery, including sexual battery, can lead to up to
an additional eight years in jail and a fine. By
comparison, the prison term for violations of Articles
270 and 271 (see above) regarding prostitution and
brothels are three ? seven years.


44. (SBU) (29E) Prostitution is not prohibited by law,
although forced prostitution, prostitution connected
to organized crime, and acts facilitating
prostitution, such as operating a brothel or
prostitution ring, are illegal. The minimum age of
consent for a person to engage in prostitution is 16.
The penalty for sexual relations with a person under
16 is punishable by up to five years in prison.


45. (SBU) (29E) To prevent prostitution and expose
procuring, human trafficking, managing brothels,
kidnapping, facilitation of prostitution or


***********************
* Missing Section 009 *
***********************


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off the record: 2 (0); Number of people convicted to
date: 0.

d) Registered crimes under Article 270 (Facilitation
of prostitution or recruitment of an individual into
prostitution): Number of crimes on which criminal
cases were prosecuted: 13 (10) 30% increase; Number of
crimes registered: 8 (8) no change from 2005; Number
of criminal cases investigated: 10 (2) 400% increase;
of these 9 were sent to court, and 1 discontinued due
to non-exonerative circumstances; Number of cases
discontinued and taken off the record: 0 (2);
Suspended: 2 (3); 33% decrease; Number of crimes that
were discontinued due to expiration of statue of
limitations: 0 (1); Number of people convicted to
date: 5.

e) Registered crimes under Article 271 (Prostitution,
operating brothels, procuring): Number of crimes on
which criminal cases were prosecuted: 335 (336); 0.3%
decrease; Number of crimes registered: 292 (305) 4.3%
decrease; Number of criminal cases investigated: 278
(272) 2.2% increase; out of them 242 sent to court,
and 36 discontinued due to non-exonerative
circumstances; Number of cases discontinued and taken
off the record: 17 (29); Suspended due to sickness: 2
(3); Suspended: 21 (18) 16.7% increase; Number of
crimes that were discontinued due to expiration of
statue of limitations: 11 (10); Number of people
convicted to date: 158.


48. (SBU) (29G) Criminal gangs and small criminal
groups engage in both labor and sexual exploitation
trafficking. In sexual exploitation trafficking
cases, the most commonly reported pattern involved
small rings of traffickers spread between the source
location and destination. Women were lured by
promises of lucrative employment at restaurants,
retail stores, or nightclubs. NGOs reported that
agricultural labor trafficking victims were recruited
in the source countries by locals who were paid by the
Kazakhstani farm owner who will employ them. The
traffickers were mainly young or middle-aged men and
women who often run legal businesses. According to
IOM, very often employment, travel, tourism agencies,
or marriage agencies are fronting for traffickers or
small crime groups to traffic individuals. Sometimes
government officials were involved with trafficking
especially when dealing with fraudulent documents and
illegal border crossing.


49. (SBU) (29G) Law enforcement units regularly
conducted inspections to check operations of agencies
that advertise employment opportunities abroad for
girls and women and organizations that help
individuals obtain permanent residence permits in
other countries. In 2006, joint law enforcement
operations inspected 235 tour agents, 20 recruitment
agencies, 15 agencies offering assistance in
emigration, ten matrimonial agencies, six modeling
agencies, and 102 agencies offering assistance in
completing documents for travel abroad. The
inspectors demanded and obtained client lists and
focused on examining cases of 20-35 year-old women, as
they are most likely targets for traffickers. There
were no reports on where profits from trafficking were
being channelled.


50. (SBU) (29H) The Government actively investigates
cases of trafficking, especially in the last two
years. However, during the reporting period, the
government did not actively use all investigative
techniques in trafficking investigations. According
to local legislation, techniques such as electronic
surveillance can be used. However, law enforcement
officials reported that they often do not have enough
funding to conduct these types of technical
operations. Domestic law does not prohibit the police
from engaging in covert operations but it requires
that participation in such operations be strictly

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controlled by the PGO.


51. (SBU) (29I) The MVD provides regular training to
police officers on techniques for investigating
trafficking. In 2006 over 80 different events were
arranged to increase legal awareness of officers of the
MVD, to work with victims of trafficking, to execute
the required procedural documents, and to study the
best practices of foreign law enforcement agencies and
social institutions. The MVD in cooperation with
Post's INL office established an anti-TIP Study Center
within the MVD Legal Academy in Karaganda.


52. (SBU) (29I) In 2006 the anti-TIP Study Center
provided training to mid-career operations officers,
investigators, and migration police officers of the
MVD dealing with human trafficking. The Center
together with Post?s INL office is currently
developing training plans and instruction material to
support the training process. In future sessions, the
Center will train personnel of the operations,
investigative and administrative police services. The
Government has expressed interest in using the Center
to upgrade the professional qualifications of policemen
from all Central Asian countries and using foreign
experts to provide the training.


53. (SBU) (29J) The Government cooperates with other
governments in the investigation of TIP crimes. An
example of such cooperation is the Aktobe case (see
para. 26). Kazakhstani law enforcement officers also
conducted joint operations with counterparts from
Russia, Kyrgyzstan, Uzbekistan, Tajikistan, and
Turkmenistan. They conducted operations on prevention
of illegal migration in the zones near the border.


54. (SBU) (29J) In 2006 five cases of trafficking in
the UAE were investigated through the concerted
efforts of the National Interpol Bureau and the
Consular Service of the Kazakhstani MFA. In order to
advance the Government?s capability to prevent and
combat illegal migration, 20 international treaties
and agreements have been signed, both bilateral and
multilateral. In 2006 Kazakhstan signed agreements on
labor migrants and protection of rights of migrants
with Tajikistan and Kyrgyzstan.


55. (SBU) (29J) Kazakhstan will shortly sign similar
agreements with Qatar, Thailand, Poland, Czech
Republic, and Hungary. Kazakhstan is reviewing draft
treaties on rendering legal assistance and
extradition, which potentially will be signed with
Egypt, Israel, Saudi Arabia, United Arab Emirates and
Latvia. Agreements are under discussion with France,
Germany, Belgium, Greece, and Romania. Kazakhstan
sent a similar draft agreement to the government of
China for consideration. CIS member-countries have
signed a Cooperation Treaty to control illicit
migration and hazardous migration processes in the
CIS, as well as to prevent illegal migration. A Task
Force has revised and finalised the draft Agreement on
Key Guidelines for CIS migrants, and it has been sent
to the CIS Executive Committee for review.


56. SBU) (29K) The Government is forbidden under the
constitution from extraditing its own citizens to face
criminal charges abroad. However, the Government can
try a citizen for a crime that occurred abroad based
upon a criminal investigation undertaken by foreign
authorities. The Government can extradite foreigners
facing trafficking charges to another country for
prosecution.


57. (SBU) (29L&M) There is evidence of complicity of
local officials in trafficking, usually in the form of
accepting bribes from traffickers. Although there is
no evidence of conspiracy within the Border Guards and
Migration Police to facilitate trafficking, press
reports of individual officers accepting bribes are
common. Corruption is a problem in Kazakhstan, and

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public opinion polls show that the Border Guards and
Customs officials are perceived as the most corrupt
law enforcement officials. Based on incidents of
extortion and bribery, a number of criminal cases were
initiated against 12 officers working in regional
offices of the MOJ and Migration Police. A total of
20 officers and leaders of the Migration Police were
disciplined for issuing illegitimate documents and
failure to properly supervise subordinates.


58. (SBU) (29N) Kazakhstan does not have an identified
child sex tourism problem, either as a source or
destination country. Although the country's child
sexual abuse laws currently do not have
extraterritorial coverage, the Government is exploring
options to strengthen its legal framework before child
sex tourism becomes a problem.


59. (SBU) (29N) As a measure to prevent abuse of
children, the PGO and the Ministry of Industry and
Trade proposed an amendment to legislation regulating
procedures for foreigners adopting orphans or children
left without parental support. In the amendment, a
new provision was added to the Matrimonial Act to
limit the adoption of Kazakhstani children to
foreigners who are nationals of the countries with
which Kazakhstan has signed and ratified the
international treaties providing protection of
children and cooperation in the area of inter-country
adoption.


60. (SBU) (29N) The Mazhilis (lower house of
Parliament) is now discussing a bill drafted by the
Government to accede to the Hague Convention of 29 May
1993 on Protection of Children and Co-operation in
respect to Inter-country Adoption. In addition, the
Ministries of Education and Science, Foreign Affairs,
Justice, and Internal Affairs adopted a joint order on
the Efficient Exchange of Information on Children
Adopted by Foreigners. The Ministry of Foreign
Affairs also adopted an order on Approval of
Instruction on Registering Kazakhstani Children
Adopted by Foreigners. In January 2006, MFA amended
the Registration Rules for Foreigners Willing to Adopt
Kazakhstani Children. The amended Rules require that
potential adoptive parents shall also submit documents
showing whether they have conviction records and that
officers of the consular department shall monitor the
status of adopted Kazakhstani children. In January
the Government passed a resolution stipulating that a
Committee for the Protection of Children's' Rights be
established under the Ministry of Education and
Science and that it should include a subdivision to
deal with adoption issues.


61. (SBU) (29 N) In March, the press published
allegations of the involvement of the Juno Orphans?
Relief Fund (Juno) in the trafficking of children.
Both the PGO and Kazakhstani branches of Juno
conducted investigations regarding Juno?s compliance
with legislation related to child adoption. The
investigation showed that Juno facilitated the
adoption of 122 Kazakhstani children by U.S. nationals
and one child by a Belgian national. However, no
evidence was found in either investigation that the
Juno Fund had been involved in trafficking of
children. However, given that the existing
legislation is vague as to the activities of
international agencies dealing with adoption of
children, the PGO forwarded a letter to the Government
suggesting the legal role of adoption agencies be
clarified.


62. (SBU) (29O)

a) The Government ratified ILO Convention 182, on the
Elimination of the Worst Forms of Child Labor, on
February 26, 2003. To implement this Convention in
2005 the Government began a three-year Program on
elimination of the worst forms of child labor.

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Implementation continued in 2006. One of the
priorities of the program was to study the commercial
sexual exploitation of children, trafficking of
minors, and the development of the methods of
rehabilitation of minors engaged in prostitution and
other anti-social activities.

b) ILO Convention 29 and 105 on forced or compulsory
labor was ratified on May 18, 2001.

c) The Optional Protocol to the Convention on the
Rights of the Child (CRC) on the sale of children,
child prostitution, and child pornography was ratified
on August 24, 2001.

d) The Government has signed but not ratified the UN
Convention against Transnational Organized Crime. The
Government has stated it plans to sign and to ratify
the Protocol to Prevent, Suppress and Punish
Trafficking in Persons simultaneously with
ratification of the underlying convention. Even
though the Convention is not ratified, the amended
Articles 128 and 133 of the Criminal Code fully meet
the requirements of the Protocol.

-------------- -
PROTECTION AND ASSISTANCE TO VICTIMS (PARA 30)
-------------- -


63. (SBU) (30A&C) Under the new TIP law, recognized
trafficking victims are granted temporary residence
status and relief from deportation to ensure their
safe repatriation or participation in criminal
proceeding against their traffickers. However,
temporary residence is granted only after the criminal
case is initiated and a person is recognized as a
victim within this case. Local law enforcement has a
mechanism to refer victims to crisis centers and
shelters based on formal agreements with NGOs, which
provide a range of legal and psychological assistance
and arrange for medical care as needed. Repatriated
Kazakhstani TIP victims are referred to TIP NGOs for
assistance and support upon arrival in the country.
Currently there are about 30 crisis centers for
victims of domestic violence which are sometimes used
for victims of trafficking. There are only two
shelters specifically designated for trafficking
victims. One is in Almaty and one in Shymkent; both
are managed by NGOs under grants from USAID and other
foreign donors. NGOs report that collocation of
victims of trafficking with victims of domestic
violence resulted in negative attitude from the
latter.


64. (SBU) (30B) The Government is discussing the idea
of establishing a pilot Government-funded shelter for
TIP victims in Almaty. The National Commission on
Family and Gender Policy under the President of
Kazakhstan, the National Center for Human Rights, the
Ministry of Economy and Budget Planning, the Ministry
of Justice, and the Ministry of Labor and Social
Protection suggested that the shelter be created on
the basis of the existing crisis centers, which have
already been fully staffed, have skilled personnel,
and have acquired certain experience. The National
Center for Human Rights also suggested that the
shelter for victims of trafficking be co-financed from
the national budget, international organizations, and
other off-budget sources.


65. (SBU) (30D) According to IOM, the rights of
victims are generally respected. However, there were
cases when victims were detained from a few days to a
few weeks or months, or they were fined or deported.
Victims were sometimes prosecuted for violations of
immigration law. IOM has no reports of TIP victims
being jailed in Kazakhstan. Law enforcement awareness
of sexual exploitation trafficking has increased over
the past several years, and NGOs report a general
recognition of the victims' status by local law

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enforcement. Labor trafficking victims, on the other
hand, are less likely to be identified as such. While
there is recognition at the highest levels of the GOK
that labor trafficking is an increasingly serious
problem, awareness at the local working level of the
factors distinguishing illegal labor migration and
labor trafficking lags behind.


66. (SBU) (30E) The Government encourages victims to
assist in the investigation and prosecution of
trafficking. Victims may file civil suits or seek
legal action against traffickers. TIP NGOs report
that victims are often unwilling to cooperate with
investigations, either for fear of reprisal by family
members of the traffickers or from a not unrealistic
hope that the trafficker will bribe the victim not to
testify. NGOs report cases where law enforcement and
procurators are suspected of taking bribes from
traffickers. There are few legal tools that
authorities can use to encourage victim cooperation.
However, although it is not technically legal to do
so, officials routinely promise victims immunity from
immigration or criminal charges if the victim
testifies against the trafficker. There is no victim
restitution program.


67. (SBU) (30F) Under the Law on the State Protection
of Persons Involved in Criminal Proceedings adopted
in 2000, the government may offer a wide range of
protection for crime victims and prosecution
witnesses, including providing pre-trial safe houses
and security services. Victim protection is to be
provided by the MVD. Authorities may help a victim
or a witness change residences, find another job, and
change his or her physical appearance. In practice,
local law enforcement lack sufficient financial and
manpower resources to provide all of these services
on a regular basis. Child victims are places in
juvenile justice detection centre for the
investigation and trial period.


68. (SBU) (30G) As mentioned in paras 30 and 51, in
addition to in-house training provided by the MVD to
its officers, INL conducted two training sessions for
personnel from the Procuracy, Border Guards and
judiciary. The program, conducted by IOM through a
grant from INL, highlighted counter trafficking and
protection of victims. Under another grant from INL,
IOM conducted a liaison meeting of mid-level
government officials from Kazakhstan and South Korea
aimed at developing an open and free dialogue between
source and destination countries, and to facilitate
the return of trafficked victims. In addition, in
October 2006 IOM and INL jointly conducted a round
table discussion for mid-level government officials
and NGO representatives from throughout Kazakhstan to
discuss implementation of the new anti-TIP law adopted
in March.


69. (SBU) (30H) In 2006 the MFA, as the implementer of
the national program on "Financial Support to
Kazakhstani Citizens Trafficked into Foreign Countries
as Objects of Trade", received an appropriation of
12,920,000 tenge (about $104,000) to provide financial
support to Kazakhstanis trafficked to other countries,
as well as to other crime victims and people in force
majeure situations. When implementing this program,
Kazakhstani institutions abroad rendered assistance
costing 3,229,000 tenge (about $26,000) to 60
Kazakhstani citizens.


70. (SBU) (30I) The lead international organization
for trafficking issues in Kazakhstan is the
International Organization for Migration, based in
Almaty. In addition to serving as an implementing
partner for USAID and INL, IOM works closely with the
GOK and other international organizations interested
in combating trafficking in persons. In addition,
over the last year, the OSCE Center in Almaty has
increased its anti-TIP programs and engagement with

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the GOK and with Post. The Union of Crisis Centers
(UCC),a coalition of TIP NGO crisis centers and
shelters across Kazakhstan, is one of the strongest
local NGO networks in the country. In addition to
providing victim assistance and protection services
through the referral system mentioned above, UCC-
member NGOs operate hotlines and conduct public
information campaigns. The leaders of two UCC-member
NGOs participated in interagency working group
meetings, providing frank feedback and suggestions
about GOK counter-TIP efforts, many of which were
included in the new TIP Law.

--------------
BEST PRACTICES
--------------


71. (SBU) Post would like to highlight the MVD's
establishment of a regional anti-TIP law enforcement
training center. Incorporating in-service training of
mid-level officers into the MVD's flagship academic
center is a significant step to improving the
professional knowledge of police, changing attitudes
of the police regarding trafficking as a crime, and
improving the combating of trafficking in persons in
the MVD. The Government's intention of taking the
extra step to look at the Center as a possible
regional training center shows vision that could
result in regional cooperation to combat trafficking.


72. (SBU) Post officers and staff spent more than 150
hours compiling information and drafting this report.
Pol-Econ, INL, USAID, and PAS offices contributed to
this report. All of these offices cooperate in Post's
efforts to combat TIP and collect information on TIP
throughout the year. Post's point of contact on
trafficking is Astana Political Officer Jeffrey Scott
Waldo. He may be reached by phone at +7-3172-70-22-
96, or by fax at +7-3172-70-22-87. After hours, he may
be reached by mobile phone at +7-777-232-9941.

--------------
ADDITIONAL INFORMATION
--------------


73. In December 2006, USAID conducted a public opinion
survey in 19 major cities in Kazakhstan to measure
public awareness of TIP. The survey sample represents
Kazakhstani citizens residing in cities with more than
one hundred thousand people. The total survey sample
represented 1200 respondents. 37.3% of them said they
are aware of TIP cases in Kazakhstan involving
Kazakhstanis; 30.2% are aware of TIP cases involving
Kazakhstanis that happened abroad; 13.2% are aware of
TIP cases involving foreign citizens in Kazakhstan;
26.4% were not aware of TIP problem; and 7.7% could
not answer.


74. 36.3% of respondents thought that law enforcement
agencies provided assistance to victims of trafficking
in Kazakhstan; 23.3% thought assistance was provided
by international organizations; 21% by special
government institutions; 8.4% by civil society
organizations; and 34.5% could not answer.


75. Out of 791 respondents, 97.2% knew that some job
opportunities abroad could result in either forced
labor or prostitution; 1.9% were not aware of this
threat and 0.8% could not answer. Out of 769
respondents who are aware of fake jobs, 90.3% learned
about this problem from TV channels; 53% from
newspapers and magazines; 30.8% heard this information
from acquaintances; 15.2% from the radio; and 4.1%
from the internet.


76. Post's Public Affairs Section administered
Democracy Commission provided the following grants:

a) to the Women?s Support Center from Petropavlovsk,
which conducted an information campaign in North

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Kazakhstan on the counter trafficking amendments to
the Criminal Code and other legislation. The NGO
conducted two seminars for 37 local social workers and
teachers, four training sessions for 48 policemen, 50
Procurators, and 29 judges to enable them to put the
new amendments into practice.

b) to the Bolashak NGO from Taraz, which conducted an
anti-TIP information campaign including distribution
of booklets with hotline info and meetings with target
audience such as 500 youth and unemployed. The NGO
also conducted 30 seminars in 10 rayons of Zhambyl
oblast for 300 secondary school teachers, local
government officials, journalists and 200 law-
enforcement officials.

c) to the Union of Crisis Centers of Kazakhstan to
create regular exchange of information on domestic
violence and trafficking in persons through
establishment of two electronic periodicals: the
Electronic Bulletin (36 issues per year, 6 pages) on
problems of domestic violence and the Electronic
Bulletin (12 issues per year, six pages) on human
trafficking. Bulletins are distributed to local
government officials and police officers, members of
Maslikhats (City Councils),officials representing the
National Committee on Women and Family Affairs, local
and international non-governmental organizations, and
international organizations.

d) to the Phoenix Center for Development and
Adaptation from Ust-Kamenogorsk to provide education
and services to 200 orphans in East Kazakhstan through
12 educational seminars on the dangers of trafficking
in persons, violence, and conflict prevention; the
creation of a trainer group of orphans, which will
consist of 20 of the most active students; operation
of a hotline telephone service as well as legal and
psychological consultations for orphans; provision of
basic computer and Internet awareness training; and
production of brochures and pamphlets for general
distribution.

e) to a Public Affairs Speaker program entitled
"Specifics of Media Coverage of the Trafficking in
Persons." A U.S. speaker discussed with local
journalists and NGO members in Aktobe and Ust-
Kamenogorsk how the media covers trafficking.

ORDWAY
ORDWAY