«Kazakhstanskaya Pravda», 7.10. 2009

Tatiana Bredihina, special correspondent in Warsaw

Representatives of OSCE participating states confirmed readiness to combat discrimination, manifestations of nationalism and aggression.

Tolerance to foreigners, dissent, other faith and ethnos is the main key to the strengthening of international security. This opinion was supported almost by all participants of discussion, which was conducted yesterday in Warsaw, although the content of their speeches was not differentiated by identity of views.  On contrary, there were sounded different points of view. This is the main meaning and spirit of the meeting of OSCE in the field of human dimension.

About diversity and sometimes diametrically opposed views expressed by the participants of the forum on the issues under discussion it can be judged for disputes concerning the tradition of wearing hijab. As is known, in some educational institutions of Europe was prohibited to wear headscarves in class. At the working session the representatives of Turkish NGOs stated on this matter: restrictions on violation of human rights of Muslim women in the promotion of cultural values. But at this session was sounded other opinions: the obligation to wear hijab leads to the suppression of women’s identity, to its enslavement. What can be done about that, everyone has their own truth!

The story of international cooperation on the discussed question goes back to the signing by the Council of Ministers of the OSCE in Maastricht, Sofia, and Ljubljana, Brussels and Madrid decisions on non-discrimination, combatting intolerance based on ethnic and religious convictions. In the implementation of enshrined principles a big role plays the Bureau for Democratic Institutions and Human Rights (ODIHR).

Introducing the debate, the Chief of Bureau Janez Lenarcic noted that hate crimes are a serious problem. The important role in its decision is given to national contact points, implementing monitoring in the field.

Dean of Criminology, Justice and Policy Studies of University of Toronto, Barbara Perry’s presentation was informative and useful; she analyzed the general trends on hate crimes and announced proposals to improve the situation in the OSCE region. In particular the problem in this sphere is related to the lack of complete information on such types of crimes and their uniform qualification. Complexity is that victims are afraid of hostile reaction of police, who do not share their views, are not ready to claim harassment and tortures.

One of the main features of modern society is active movement of citizens through the government borders in search of work. From one side, migration of population is considered as a positive factor of economic and social development of both countries – staying and accommodation, it promotes mutual enrichment and understanding of different cultures, the strengthening of democratic traditions. On one hand, migration is considered as a positive factor for economic and social development of both countries: country of residence and receiving country, it promotes mutual enrichment and understanding of different cultures, the strengthening of democratic traditions. However, the effect of the global crisis has affected the growth of negative attitudes towards migrants.

These problems are familiar to our country too; here come to work the citizens of neighboring countries. According to the Director of National Center for Human Rights Vyacheslav Kalyuzhny, last year 54 thousand of foreign specialists were registered on the legal labor market, who are provided by the complex of protective measures provided by the labor laws. Other situation is with illegal migrants. They are still at risk. The Government of Kazakhstan is taking steps to improve their situation. So in 2006, the adoption of the Law of RK on “Amnesty in connection with legalization of illegal migrants” was legalized 160 thousand of labor migrants. The work on bringing the legislation in this field in accordance with generally accepted standards is carried out in close cooperation with international organization on labor and migration.

Representatives of NGO render great assistance in the implementation of the monitoring in this sphere and in support of victims of human trafficking. According to the president of Almaty confederation of NGO «Јріптес» Leyla Akhmetova, in Republic more than 10 NGOs are working on this direction.

Here situation is characterized as the migrants do not know their rights, laws of staying country, they don’t have access to justice and legal assistance. According to the President of NGO “Sana Sezim” Khadicha Abysheva in the national government there are no relevant mechanisms for bringing the case to judicial proceeding. Bringing to the legal liability those who violated the rights of labor migrants is complicating by the lack of evidence and unwillingness of the victims to participate in investigation. More often Labor migrants are afraid of fines and they prefer go back home, but the best option for them is to find other employer.

For the solution of the problems mentioned above is necessary to create specialized agencies, which deal with social  investigations, legal information, mediation, consultation of victims, training the staff of policy. Implementation of this and other recommendations of the ODIHR will make the migration process controllable and predictable.