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Refugees in the Republic of Kazakhstan


Refuqees

Refugees in the Republic of Kazakhstan

Our hospitable land has often accepted many persecuted and wretched people. Kazakhstan became place of deportation for Polish, Bulgarian rebels, Russian intelligentsia and many other nations.
Activity of state bodies dealing with problems of refugees is based on articles of Law of the Republic of Kazakhstan “About migration of population” and statements of Geneva Convention-1951 about refugees status and its protocol of 1967.

Refugees in the Republic of Kazakhstan are foreigners who have to live in another country and can not use the protection of their citizenship country because of the threat to be persecuted for their political convictions, race, religion, citizenship, nationality, social group. Such persons usually do not want to return to their citizenship country on account of above-mentioned reasons.

The Republic of Kazakhstan officially joined Convention – 1951 and its protocol - 1967 since 15th of 1998 and took certain international obligations regarding refugees. Convention stipulates principles of non-deportation, procedure access, and awareness, possibility to appeal the decision and be registered for the term of case and appeal consideration. Constitutive co-operation of official powers and Kazakhstan office of United Nations High Commissioner for Refugees affairs preceded joining of Kazakhstan to Convention.
In accordance with Law of the Republic of Kazakhstan “About migration of population”, official work with persons who applied for refugee status in the Republic of Kazakhstan and determination of their status began since 20th of 1998. Most refugees were officially registered in 1998.

Refugee status is given for a year, and then it is re-considered and prolonged. In certain cases state bodies can refuse to give the status.

  Social assistance to refugees is rendered by the Program of United Nations High Commissioner for refugees’ affairs through Red Crescent society and Children`s Fund of the Republic of Kazakhstan.
Code about administrative offenses of the Republic of Kazakhstan requires constant control to be carried out over observance of living rules by refugees. Consultation-advisory meetings with representatives of public organization for refugees` legal protection are conducted every month.

Where to apply for refugee status obtaining ?

In accordance with Law of the Republic of Kazakhstan “About migration of population” decision about refugee status giving or refusal is taken by authorized body or its services on places.
Refugee status is presented by Commission for refugee status giving; its divisions are attached to every territorial offices of Migration Committee. Commission is guided by Convention – 1951 about refugee status and its Protocol – 1967, ratified in 1998, certain instructions of Migration Committee in refugee status presenting. 

Procedure of refugee status determination is conducted in accordance with Instruction on work with persons who applied for refugee status and order of refugee status determination in the Republic of Kazakhstan approved by the order of Migration and Demography Agency dated 27th of 1998. By instruction, application serves as the ground for procedure of refugee status determination.

For detailed information about determination of refugee status refer to Migration Committee under Ministry of Labor and population social protection and its territorial bodies.

 

Who is given political asylum ?

In accordance with General statements of Edict of the President of the Republic of Kazakhstan “About order of giving political asylum to foreigners and stateless persons in the Republic of Kazakhstan” № 3057 dated 15th of July, 1996:

  • Political asylum in the Republic of Kazakhstan is given to foreigners and stateless persons (further referred to as persons) on the ground of generally accepted norms of international law in accordance with Constitution, Legislation of the Republic of Kazakhstan and this statement.
  • The Republic of Kazakhstan gives political asylum to those persons and their family members who seeks for asylum and protection from persecution or real threat to become persecution victim in the country of their citizenship or residence for public-political activity, their  race or nationality, religious convictions, and also in cases of international human rights` violation.  
  • The President of the Republic of Kazakhstan takes decision whether to give political asylum or reject the request.

Legal status of persons and their family members who got political asylum in the Republic of Kazakhstan

In accordance with existing legislation of the Republic of Kazakhstan a person or his family members who got political asylum, use rights and freedoms, bears obligations stipulated in Constitution and legislation of the Republic of Kazakhstan about legal status of foreigners and stateless persons in the Republic of Kazakhstan. A person can be deprived of political asylum by the President of the Republic of Kazakhstan in case of his activity contradicting interests of national security of the Republic of Kazakhstan, aims and principles of United Nations Organization, or if he was legally convicted for any deliberate crime.

Cases when political asylum is not given

  • Political asylum is not given if a person is pursued for any action or inaction considered to be offense by legislation of the Republic of Kazakhstan, or he is guilty in commitment of actions contradicting aims and principles of United Nations Organization.
  • If he was called to account on criminal case or there is effective Court conviction concerning him on the territory of the Republic of Kazakhstan.
  • A person lived in the third country where there was no persecution threat for him.
  • A person deliberately gave false evidence.
  • A person has citizenship of third country where he is not persecuted.

 

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