“Sairam Sabosi”, #32, 2007
B. Norbaev

   In the city of Shymkent operates the Legal Center for Women's Initiatives “Sana Sezim”, which provides legal assistance to migrant workers who arrive from neighboring republics. The employees of the center released a pocket guide for migrants who have arrived in Kazakhstan to earn money. A reporter of our newspaper, Botir Norbaev, met with the president of the Center, Khadicha Abysheva, and conducted an interview on the contents of this pocket guide.
   B. Norbaev:
   - We have heard that the Legal Center for Women's Initiatives “Sana Sezim” provides legal assistance to migrant workers and refugees in Kazakhstan, and to address the problem of illegal migration has developed the “Pocket Guide for migrant workers”. Could you tell our readers about the purpose of creating this brochure?
   K. Abysheva:
   - Socio-economic life in Kazakhstan is developed compared to other republics. In this regard, migrant workers from neighboring republics come to work. Unfortunately, many migrant workers are largely unaware of their rights. The booklet has detailed information for migrant workers on the rules of stay in the territory of Kazakhstan, on the need to pay attention to violations of their rights, and where they can ask for help. This booklet was produced with financial support of the Eurasia Foundation in Central Asia. The brochure will be a reliable source of information for migrants and refugees, and will be useful for public and government agencies who wish to participate in solving the problems of illegal migration in Kazakhstan.
   B. Norbaev:
   - Please explain the main parts of this booklet.
   K. Abysheva:
   - The brochure contains information about what migrant workers should pay attention to as they pass the checkpoint (on PPC). As you know, at the entrance gate, each foreigner receives a migration card. The migration card is issued for free on planes, trains, at airports, railway stations or at the gate at the entrance to Kazakhstan. Once they have the migration card, the State sends migrant workers to the internal affairs authorities for further proceedings... Migrant workers must keep the migration card to the exit the Republic of Kazakhstan. This document is necessary to pass when crossing the border of their homeland.
   If migrant workers lose their migration card they must inform the migration police at their place of residence within three days. The migrant workers will be given a duplicate after the audit.
   The presence of the migration card entitles you to stay in Kazakhstan, without being registered for up to five days. After five days, the migrant must register at the department of immigration police at the place of residence.
   B. Norbaev:
   - What documents are needed to obtain a migration card? At any time you can extend the migration card?
   K. Abysheva:
   - At this point, the passport is essential. The migration card is registered for a period not exceeding 90 day. After that, it may be renewed for the same period. If they want to stay for a while in Kazakhstan, migrant workers will need to provide an application (statement) at their place of registration, and of the relatives or friends that they are going to live and work with.
   B. Norbaev:
   - How long can one extend their stay in Kazakhstan?
   K. Abysheva:
   1) If the profits are of a private business, not more than 90 days. The total period of stay for private business, should not exceed 6 months;
   2) If for education, each year for the entire academic year;
   3) If for medical treatment, based on the medical report issued by the head of the medical institution;
   4) If the profits for business, for a period not exceeding one year;
   5) When applying on the abandonment of permanent residency, the period required for the application.
   B. Norbaev:
   - In what cases do not require migration card?
   K. Abysheva:
   - For holders of diplomatic, business, and investor visas;
   - Members of the crew of air, sea, and river vessels;
   - Crew of trains, refrigerated, locomotive, and the persons accompanying the goods;
   - Train passengers in transit through the territory of the Republic of Kazakhstan;
   - Drivers of vehicles on international roads.
   B. Norbaev:
    - What should migrant workers do in various difficult situations; such as, the loss of a passport, if their employer takes their documents…
   K. Abysheva:
   - According to the national legislation that is in force, no one has the right to take your passport. If the migrants have lost their passport, they must apply to the immigration police unit at the place of residence with a statement detailing when, where, and under what circumstances they lost the document. Based on the application, the Department of Internal Affairs will issue a certificate establishing the migrant. With this, they should contact the embassy or consulate of his state, where on the basis of this certificate they will be given a passport or a document that replaces it.
   B. Norbaev:
   - In your words, anyone who comes into the Republic of Kazakhstan is right. Could you tell more?
   K. Abysheva:
   - Detailed information about that is contained in the brochure. We can not bring it to each labor migrant, but if it is published in a newspaper it will be the benefit for many of them.
   Migrant workers can work in Kazakhstan on the basis of individual employment contracts. However, migrant workers may not be appointed to certain positions or engage in a certain types of work, if it is connected with public service. If migrant workers are residents of Kazakhstan or come to work, they have the same rights and responsibilities in the employment relationship as citizens of the Republic of Kazakhstan. Do migrant workers have the right to a pension equal footing with citizens of Kazakhstan? In cases where the pensions and retirement pay and benefits require a certain length of service, they are credited by the years of service in the country.
   Medical care is provided free of charge at any nearby hospital.
   Migrant workers can obtain housing in Kazakhstan and other property, and can have copyrights on works of science, literature and art, discoveries, inventions, rationalization proposals, and industrial designs.
   If migrant workers are going to marry to a citizen of Kazakhstan, then they need to know that a marriage with foreign citizens in Kazakhstan is recognized as valid. When applying for ZAGS, migrants must have their passport (with a notarized translation of the text in Kazakh or Russian) and migration card, if their stay is temporary. And if the migrant is a resident of Kazakhstan, the residence permit. If the migrants do not have citizenship, and they are located in Kazakhstan they must provide a passport, which has been registered in the internal affairs of the Republic of Kazakhstan. But if labor migrants are permanently living in Kazakhstan, but not citizens, they shall be permitted to be registered as residents. In Kazakhstan, migrant workers are guaranteed they inviolability of their home, honor, and dignity. Migrant workers can move freely within the territory of Kazakhstan, which is open for visits, and choose a place of residence. They are subject to taxes and duties in the Republic of Kazakhstan, as well as the citizens of Kazakhstan. They have the right to appeal to the courts and other public bodies to protect their property and personal non-property rights. They have the same rights in court, like the citizens of Kazakhstan, he may apply to court, hire a lawyer familiar with the case. If the migrants do not speak the language, which is often the case, they can explain and have the right to make statements, give explanations and testimony, to make applications, make complaints, and get acquainted with the case, to appear in court in their native language or another language, which is translated. It will be free to use the services of an interpreter.
   B. Norbaev:
   - In what cases may migrants be denied entry into the territory of the Republic of Kazakhstan?
   K. Abysheva:
   - In the interests of national security, public order, or public health;
   - If their actions are aimed at overthrowing the constitutional order, if they oppose the sovereignty of the Republic of Kazakhstan, or have called for a violation of the unity and integrity of the territory;
   - If they fuel interstate, ethnic, and religious strife, and if it is necessary to protect the rights and lawful interests of citizens of the Republic of Kazakhstan, and others;
   - If the migrant workers is convicted of terrorist activities or the court recognizes them as especially dangerous activists.
   B. Norbaev:
   - What should migrant workers pay attention to in employment?
   K. Abysheva:
   - When you work you need to know the following: that you need a work permit to enter into a contract of employment with an employer. The organization or company, that invited the labor migrants to work, must have a valid license for engagement of foreign labor.
   A work permit is not required for foreign citizens involved in individual business trade and services, including the repair and construction of private housing.
   To avoid cases where the employer does not pay the salaries of migrant workers, the migrant should obtain an employment contract. The contents of the labor contract with labor migrants must conform to the requirements of the Law of the Republic of Kazakhstan “On Labor”. All the essential conditions of the employment contract are referred to in this Act and shall be reflected in the employment contract concluded with the migrants.
   B. Norbaev:
   - What should be contained in the individual employment contract?
   K. Abysheva:

The employment contract must contain the following:
• 1) Details of the parties:
  • Full name of the employer - legal person and its location, number and date of state registration of the documents of the employer;
  • Name and title of the employer, as in the case where the employer, the address of his permanent place of residence, name, number, date of issuance of the document proving his identity;
  • Name, number, date of issuance of identity papers of labor migrants;
• 2) Job function (on a certain position, profession, occupation);
• 3) the term individual employment contract;
• 4) the date of the start of the job;
• 5) the characteristics of working conditions, guarantees and compensation to employees for hard physical work in harmful or dangerous working conditions;
• 6) The working hours and rest periods;
• 7) conditions of payment of labor and labor protection;
• 8) The rights and obligations of the employer;
• 9) the rights and duties of the employee;
• 10) the order changes, termination and renewal of an individual employment contract;
• 11) The payment of compensation and provision of guarantees;
• 12) the responsibility of the parties

   The workers should consider that in an individual employment contract is required that the time that the workers perform their duties must not exceed 40 hours per week. In the individual employment contracts they may provide for shorter duration of time agreed upon by the parties. If migrant workers are employed to work as a seasonal employee, he should know that the seasonal workers recognize that due to natural and climatic conditions their employment will not exceed six months.

Individual employment contracts with seasonal employees may be terminated by the employer, in the following cases:
• Suspension of the employer for more than two weeks because of production;
• Absence from work during a working day without a valid reason and continuous absence for one month due to temporary incapacity.

   If migrant workers have an individual employment contract for construction work (services) in the household of the employer, individuals are recognized as domestic workers. Individual employment contracts with home workers may be terminated at the initiative of one of the parties at any time.
   If migrant workers made a personal contract of employment with the employer on the work at home with their own labor and materials, with the use of their equipment, tools and accessories available, or the employer, or purchased at the expense of the employer, you can sign a contract as a domestic worker.
   B. Norbaev:
   - What are the recommendations set out in the pocket guide for citizenship or a residence permit?
   K. Abysheva:
   - The document confirming the right of migrant workers to permanent residence in the Republic of Kazakhstan is the residence permit. Getting a residence permit is preceded by obtaining a permanent residence permit. Requests for permission by migrant workers should be done by notifying the local police immigration authority.

The documents migrant workers must provide:
• Application form, set form (provided in the immigration police);
• identification document (national passport) and a copy;
• A statement of the reasons for abandonment of an application for permanent residence in the Republic of Kazakhstan to the Chief of the Migration Police of the Department of Internal Affairs;
• A detailed CV;
• Four photographs 3,5 x 4,5 cm;
• a medical certificate;
• Consent of the owner of housing for the registration of permanent residence of the foreign citizens;
• Receipt of payment of state taxes (20% of the monthly estimates);

   Subject to the migrant workers of the legislation and all the formalities, immigration police authority is obliged to issue a permit for permanent residence.
   B. Norbaev:
   - What recommendations do you have about citizenship of Kazakhstan?
   K. Abysheva:
   A person must be permanently residing in Kazakhstan on legal grounds for at least five years, or have been married to citizens of the Republic of Kazakhstan for at least three years.
   The existence of the conditions laid down in the first paragraph of this subparagraph shall not be required for admission into the citizenship of Kazakhstan for minors and incapacitated persons who have special merits before the Republic of Kazakhstan, as well as those who left the territory of Kazakhstan, and their descendants, if they returned to permanent residence in Kazakhstan as their homeland.
   B. Norbaev:
   - What is meant by temporary residency in the territory of Kazakhstan?
   K. Abysheva:
   1) service in the army, if the person before had lived in the territory of the Republic and the break between the day of dismissal from the army and the day of arrival to Kazakhstan for permanent residence does not exceed three months;
   2) A student from outside of the country, if the break between graduation or dismissal from the school and the day of arrival in Kazakhstan not to exceed three months;
   3) The time of departure on a business trip outside the Republic if the break between the end of travel and the day of arrival in Kazakhstan not to exceed three months.
   The calculation of the three-month period is suspended in the event of illness, natural disaster or other valid reasons.
   In the case where the period of residence in the territory of Kazakhstan does not serve a designated time off the courts of other states in the case of criminal penalties, and when length of stay in the territory of the Republic is on a business trip, for medical treatment and other cases of temporary residence.
   If the migrants want to stay for permanent residence in Kazakhstan, they would have to apply for citizenship of the Republic of Kazakhstan. It needs to be addressed to the President of the Republic of Kazakhstan and to be submitted to the internal affairs of the Republic of Kazakhstan at the place of permanent residence. The statement should reflect the reasons for wanting to adopt the citizenship of the Republic of Kazakhstan.
   If migrants applying for citizenship of the Republic of Kazakhstan are at the time of application married to a citizen of the Republic of Kazakhstan they must submit a notarized copy of the certificate of marriage.
   But if migrant workers are close relatives with citizens of the Republic of Kazakhstan, they must provide documents certifying the degree of relationship with citizens of the Republic of Kazakhstan (birth certificate, marriage certificate, etc.) and a certificate of place of residence of their relative.
   B. Norbaev:
   - What are the tips written in the pocket guide for migrant workers who are going to work in Kazakhstan?
   K. Abysheva:
   Migrant workers need to pay attention to the following: they should trust no one with their passport. The proof of identity of migrant workers should be kept on them at all times.
   Leave the following details with family or friends: phone number and address of your destination, and a copy of passport and employment contract.
   Make several photocopies of your passport and hide them in different places. Do not tell anyone about them. These copies will help you return home, if your passport is taken or you lose it.
   Never attempt to cross the state border with forged documents.
   Find the telephone numbers of the Embassy or Consulate of your state in Kazakhstan, as well as international organizations and NGOs that will be able to help you in case of threats, coercion, or fraud. Remember that the embassy and consulate offices of your country can help you, but only if you go there.

If you go with an employment contract to work, be sure to ask permission to show the import of foreign labor. The employment contract, which you will sign, must be written in language understandable to you and contain the following provisions:
• Information about the employer;
• type of work and working conditions;
• accommodation;
• remuneration;
• the term of the contract

   If necessary, consult with a lawyer. Do not forget that almost all payphone cards allow calls from automatic telephones almost anywhere in the world. Be sure to carry such cards. Make sure that using this card you will be able to connect to your state.
   If there is a possibility, then take the necessary amount of money for a return ticket, and hide it so that nobody can find. Please keep this a secret even from people with whom you are going. Generally, people are sent in small groups and if you have the money for a return ticket, they should not know.
   If you are for some reason detained by the police did not give any evidence before the arrival of an interpreter. If something you did is against the law, and you are arrested, you may require to be provided a free lawyer.
   B. Norbaev:
   - In the pocket guide you pointed out that to verify migrant workers police will ask them to present their passport. What to do if the police take away your passport?
   K. Abysheva:
   - First, migrants may show a photocopy of their passport. But the police (if the migrants have not committed a criminal offense) are not entitled to passports, this is contrary to law. Secondly, according to the laws of the Republic of Kazakhstan this is private property of the migrants and the holder has the right to retain it.
   B. Norbaev:
   - What else besides that is contained in a pocket guide?
   K. Abysheva:
   - Most importantly, in the pocket guides for migrant workers we have listed telephone numbers where they can obtain specialist advice. Our telephone hotline +7 (7252) 562732, operates around the clock. The hotline is not only for labor migrants who came to work from Uzbekistan, but also for other citizens. They may also find the phone number of Embassy of Uzbekistan in Kazakhstan: + 7 (7272) 910235, +7 (7252) 917886.
   B. Norbaev:
   - We express our gratitude to you as journalists for your informative and useful interview.