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 
 
 
¶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 * 
*********************** 
 
 
ASTANA 00000614  010.2 OF 016 
 
 
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 
 
ASTANA 00000614  011.2 OF 016 
 
 
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 
 
ASTANA 00000614  014.2 OF 016 
 
 
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