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Special report of the Commission on the human rights under the President of the Republic of Kazakhstan "Current problems of the human rights in the sphere of counter-trafficking in persons in the Republic of Kazakhstan"

Terminology

In the special report of the Commission on Human Rights at the President of the Republic of Kazakhstan "Actual problems of protection of human rights in the sphere of counteraction to human trafficking in the Republic of Kazakhstan" are used the terms and concepts provided by the Protocol on the prevention and suppression of human trafficking, especially women and children, and punishment for it supplementing the Convention of the UN against a transnational organized crime, the Protocol against smuggling of migrants by land, I exhaust also to air, supplementing the Convention of the UN against a transnational organized crime, the International Convention on protection of the rights of all migrant workers and members of their families, the Convention of the Council of Europe on counteraction to human trafficking, and also laws of the Republic of Kazakhstan "About population shift", "About special social services", "About a legal status of foreigners", and other conventions and agreements, ratified by the Republic of Kazakhstan.

International terms in the sphere of counter-trafficking in persons

"Trafficking in persons"  means the recruitment which are carried out for operation, transportation, transfer, concealment or receiving people by threat of force or its application or other forms of coercion, stealing, fraud, deception, an abuse of power or vulnerability of situation, or by bribery, in the form of payments or benefits, for receiving consent of the person controlling other person. Operation includes, at least, operation of prostitution of other persons or other forms of sexual exploitation, forced labor or the services, slavery or customs similar to slavery, a servitude or extraction of bodies [1];

"Victim of the trafficking in persons" – a person who is a victim of the crime of trafficking in persons [2];

"Bonded labor" – the services provided by the worker in the conditions of the dependence arising for the economic reasons. Most often – debts on the reason of a loan or the issued advance payment. When the dependence reason – a debt, a consequence is that the worker (or the persons which are at it in dependence, or successors) is connected with the specific creditor for a certain or uncertain period of time, the debt isn't paid [3] yet;

 "Force/compulsory labor" –any work or service demanded from any person under the threat of any punishment for which this person didn't offer voluntary the services [4];

"Debt bondage" – the situation or state arising owing to a mortgage the debtor in providing a debt of the personal labor or work of the person, dependent on it, if properly the determined value of the performed work isn't set off in repayment of a debt or if duration of this work isn't limited and character of it  isn't defined [5];

 "Coercion" - coercion by means of a physical abuse or threats of a physical abuse [6];

"Slavery" - state or position of the person over which attributes of the property right or some of them are carried out (Art. 1 of the Convention concerning slavery, 1926, the Protocol with amendments to the Convention concerning slavery, 1953). Thus, a basic element of slavery is implementation of possession or control over someone's life, coercion and restriction of movement, and also lack of opportunity to leave or change the employer (e.g., a traditional slave labor, forced labor, forced labor and slavery for the ceremonial or religious purposes) [7];

"Readmission" – permission of the state to repeated entrance of the person (the citizen, the citizen of the third country or the stateless person) who illegally drove in other state [8];угом государстве[8];

"A Child" – each human being before achievement of 18-year age if under the law applicable to this child, it doesn't reach majority earlier [9];

"Worst forms of child labor" – all forms of slavery or institutes and customs similar to slavery (trade in children, a debt bondage, forced or obligatory labor, including compulsory or obligatory recruitment of children for use in the military conflicts); use, purchase or the proposal of the child for occupation by prostitution, productions of a pornography, pornographic performances; illegal activity, in particular for production and transportation of drugs or any other work able by the nature or circumstances in which it is carried out to do harm to health, safety or moral of the child [10];

"Exploitation" – the actions connected with use something or someone, in particular actions, connected with illegal use someone for someone's own benefit (for example, the sexual exploitation, forced labor, slavery or institutes and customs similar to slavery, a servitude or a removal of organs) [11];

"Exploitation of child labor" – According to 1989 Convention on the Rights of the Child and  1999 Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, exploitation of the children includes economical exploitation (any work which may present hazard for their health or impede their education, or damage their health, physical, mental, spiritual, moral and social development), sexual exploitation (exploitation in the illegal sexual activities, prostitution, child pornography), kidnapping or trafficking in children, or their contraband, or any other form of the child exploitation [12];

"Crimes associated with trafficking in persons" – crimes stipulated in UN Protocol concerning trafficking in persons and Criminal Code of the Republic of Kazakhstan.

"Smuggling of migrants" means illegal entry of any person  to any country in which he/she is not permanent resident or citizen with the purpose of direct or indirect getting any financial or other profit [13].

"Forged document for entry to/departure from the country or identification card" means an document for entry to/departure from the country or identification card which were forged or changed by any material method used by any person or institution except for those who are legally authorized to execute or issue the documents for entry to/departure from the country or identification card issued on behalf of the state or were duly issued or received by means of submitting  untrue data, corruption or coercion of any other  illegal way; or are used by any person other than legal holder [15];

"Migrant" in the article 1.1 (a) of Constitution of the International organization for migration is applied to   notate all the cases when decision to migrate is taken by a person freely based on the reason of "personal comfort" and without let or hindrance from the external forcing factors;

"Migrant worker" – a person who will be engaged or has been engaged in the paid activities in the country where he or she are not the citizens [16];

 "Country of destination" means the country to be a place of destination for the migration flows (legal and illegal) [17];

"Country of origin" means a country which serves as the source for the migration flows (legal and illegal) [18];

"Transit country" means a country through which the migration flows (legal and illegal) are moved [19];

"Identification of the victims of trafficking in persons - Identification of the victims has crucial importance and often is the delicate problem demanding carrying out profound investigations. Inadequate implementation of a problem of identification of the victim of human trafficking can cause violations of its fundamental rights and deprive a consequence of the important testimony necessary for accountability of the persons guilty of human trafficking [20];

"Period for rehabilitation and consideration" (also known as "orientation period") - the period of at least 30 days for rehabilitation and consideration provided to the person in the presence of the reasonable bases to believe that it is the victim. This period has to be sufficient for receiving by the person opportunity to undergo rehabilitation, avoiding contacts with dealers and/or in order that it could make the reasonable decision on cooperation with competent authorities. During this period no measures for exclusion can be applied to it [21];

"Regular migration" – migration which occurs through the recognized legal channels [22];

"Irregular migration" – movement which occurs out of the regulating norms of the country of departure, transit and receiving countries. There are no existing generally accepted definition for irregular migration. From the point of view of the country of destination – illegal entrance, stay or work in this country. It means that the migrant has no permission or the documents, necessary, according to the immigration legislation, for entrance, accommodation or work in this country. From the point of view of the country of departure, for example, cases when the person crosses the international border without the valid passport or the travel document are illegal or doesn't observe administrative requirements to departure from the country. There is a tendency to restriction of use of the term "illegal migration" and its application only when business concerns smuggling of migrants and human trafficking [23].

According to the Law of the Republic of Kazakhstan "On migration of population" dated July 22, 2011:

 migrant the person which drove to the Republic of Kazakhstan and left the Republic of Kazakhstan, and also moving in the Republic of Kazakhstan regardless of the reasons and duration is;

migration – the permanent or temporary, voluntary or compelled movement of natural persons from one state in another, and also in the state;

labor migration – temporary movement of natural persons from other states to the Republic of Kazakhstan and from the Republic of Kazakhstan, and also in the state for implementation of work;

illegal migration – entry into the Republic of Kazakhstan and stay of foreigners or stateless persons in the Republic of Kazakhstan with a violation of the law of the Republic of Kazakhstan, the entrance regulating an order and stay, and also transit across the territory of the Republic of Kazakhstan;

illegal immigrant – the foreigner or the stateless person who arrived to the Republic of Kazakhstan for temporary or continuous residence with breach of the Republic of Kazakhstan legislation;

immigration – entrance of foreigners or stateless persons to the Republic of Kazakhstan for temporary or permanent residence;

immigrant – the foreigner or the stateless person who arrived to the Republic of Kazakhstan for temporary or continuous residence;

permit for permanent residence – the document issued by authorized body concerning population shift to immigrants at observance of the requirements established by the legislation of the Republic of Kazakhstan, and granting them the right for continuous accommodation in the territory of the Republic of Kazakhstan;

permit for temporary residence  (registration) – the document issued by authorized body concerning population shift to immigrants at observance of the requirements established by the legislation of the Republic of Kazakhstan, and the right of accommodation for the certain term granting to them in the territory of the Republic of Kazakhstan depending on the stay purpose;

authorized body on issues concerning population migration – the government body which is carrying out within the competence regulation of migratory processes and coordination of work in the field of population shift;

permit issued to a foreign worker for employment – the document of  established form issued by local executive body to the foreign worker entering the list of persons determined by the Government of the Republic of Kazakhstan for independent employment in the Republic of Kazakhstan within the quota distributed by authorized body on work;

internal migration – resettlement of natural persons in the Republic of Kazakhstan for continuous or temporary residence;

internal migrant – the immigrant or the person moving in the Republic of Kazakhstan independently for continuous or temporary residence;

ethnic migrant – the foreigner or the stateless person of the Kazakh nationality who is constantly living abroad.

According to the Law of the Republic of Kazakhstan "On special social services" dated December 29,  2008:

Special social services - set of the services aimed at providing to the person (family) being in a difficult life situation, conditions for overcoming of the arisen social problems and opportunities of participation in life of society, equal with other citizens;

The entities providing special social services – physical and (or) legal entities engaged in the state and non-governmental sectors for providing special social services;

standards for rendering special social services – statutory legal acts establishing the quality, volume and conditions for rendering the special social services;

social disadaptation – breach of the personality interaction with social environment;

social deprivation – restriction and (or) deprivation of possibility of independent satisfaction by the person (family) of the basic vital needs;

social worker - the worker who renders special social services and (or) carrying out an assessment and definition of need for special social services, having the necessary qualification conforming to the established requirements;

social environment - set of material, economic, social, political and spiritual living conditions, formation and activity of the person (family);

hardship - the situation recognized on the bases provided by the Law "On Special Social Services" objectively breaking activity of the person which he/she can't independently overcome.

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