COMMITTEE ON PROTECTION OF MIGRANT WORKERS AND THEIR FAMILIES CONSIDERS REPORT OF TAJIKISTAN

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families today completed its consideration of the initial report of Tajikistan on its implementation of the provisions of the International Convention on the Protection of All Migrant Workers and Members of their Families.

Presenting the report Mr. Mahmadaminov M.B., Minister of Labour and Social Protection of Tajikistan, said that the civil war of independence and the consequent social and economic crisis led to a dramatic decrease in jobs in Tajikistan. Unemployment was still high and increasing numbers of Tajik migrant workers were leaving to find employment in countries such as Russia and Kazakhstan. Tajikistan’s migration policy was based on creating the required number of jobs within the country. Of the total number of migrants leaving Tajikistan for temporary employment 80 per cent had no professional qualification, so the Government worked on providing skilled and vocational training. The Government had a strategy to help Tajik citizens returning to the country re-integrate. Both regular and irregular migrants in Tajikistan had equal rights to access social protection services.

Jointly presenting the report, Mr. Devonaev S., Head of the Migration Service of Tajikistan, spoke about new legislation on labour migration and private recruitment companies, and draft cooperation agreements with both neighbouring and further-afield countries, including Ukraine, Qatar and Russia. An inter-agency commission was founded to tackle trafficking in persons, and migrant victims of forced labour in countries including Saudi Arabia, China, Afghanistan, Turkey and other countries had been assisted by the Government.

Azad Taghizade, Vice-Chairperson and Committee Member acting as Rapporteur for the report of Tajikistan, noted that one of the Government’s strategies was to encourage labour migration. However, a number of steps related to the Convention had not yet been implemented, such as the law regulating labour migration which had been in development for a number of years and had still not come before parliament. Other Committee Experts asked questions about the regularization process, the protection of Tajik citizens abroad, measures to tackle trafficking in persons, labour conditions for Tajik migrant workers in Russia, the vulnerability of women migrants, restrictions on migrants buying property or marrying in Tajikistan and private recruitment companies.

In preliminary concluding remarks, Mr. Taghizade said the Committee understood the situation in Tajikistan was difficult; many issues were only beginning to be tackled, while legislation was being updated despite a lack of human and financial resources. The Committee welcomed the clear desire of Tajikistan to tackle issues that needed to be resolved.

Mr. Mahmadaminov thanked the Committee and said the discussion would help Tajikistan to emphasize the importance of work to protect migrants both inside and outside of the country. Further answers would be provided to the Committee, and Tajikistan would do its best to ratify other Conventions.

Abdelhamid El Jamri, Committee Chairperson, said the delegation had shown Tajikistan’s willingness to fully implement the Convention and improve the rights of migrant workers. The Committee’s recommendations would soon be available, and would focus on both the positive elements and aspects that needed extra work and better implementation of the Convention.

The delegation of Tajikistan included representatives of the Ministry of Labour and Social Protection, Agency for Statistics, Department on the Constitutional Foundations of the Rights of Citizens of the Executive Office of the President, Committee on Women and Family Affairs, Migration Service, Legal Department of the Ministry of Foreign Affairs and the Permanent Mission of Tajikistan to the United Nations Office at Geneva.

The next public meeting of the Committee will take place at 10 a.m. on Friday, 27 April, for the closing of the session. On that day the Committee is scheduled to publish its concluding observations and recommendations on the two initial reports it examined in the session: Paraguay and Tajikistan.

Report of Tajikistan

The initial report of Tajikistan can be read via the following link: CMW/C/TJK/1.

Presentation of the report of Tajikistan

MR. MAHMADAMINOV M.B., Minister of Labour and Social Protection of Tajikistan, said the Government of Tajikistan had ratified the main United Nations human rights conventions, including the Convention on Migrant Workers in 2001, and 70 International Labour Organization conventions and recommendations. Tajikistan’s migrant policy was based on the necessity of creating a required number of working places that provided the population with jobs within the country. The civil war of independence and the consequent deep social and economic crisis led to a dramatic decrease in jobs. Unemployment was still high and there had been an increase in migrant workers leaving Tajikistan to find employment in countries of the Commonwealth of Independent States such as Russia and Kazakhstan. Of the total number of migrants who moved abroad annually for temporary employment, 80 per cent did not have any professional qualification. Annually, 100,000 workers entered the Tajikistan labour market from school. Both adult workers and youth who had not completed secondary school were eligible for Adult Education Colleges which provided vocational training in English and Russian. Many participants were from poor families, including migrant workers’ families, handicapped persons or orphans, and 50 per cent were women. In 2011 alone approximately $1 million was spent on training unemployed adults. There were also programmes to monitor child labour and analyse the labour market in general.

There was a Government strategy to help Tajik citizens returning to the country with re-integration, legalities and finding jobs. Similarly, the families of Tajik citizens who had gone to work abroad were supported and assisted by the State. The Government cooperated with the International Labour Organization and the International Organization for Migration on several programmes to protect migrant workers’ rights. A Presidential Decree was recently adopted to stipulate a minimum wage and pension. Both regular and irregular migrants had equal rights to access social protection services, by Presidential Decree, while other protective laws had been passed on issues of migration such as immigration quotas, transfer of pensions, compensation for needy families and the families of migrant workers, and draft bilateral and multilateral agreements were currently being considered by Russia and Kazakhstan on ensuring social insurance for working migrants.

MR. DEVONAEV S., Head of the Migration Service of Tajikistan, spoke about new legislation on labour migration and private recruitment companies, and the 2011 to 2015 National Strategy on Migration. Draft cooperation agreements were being prepared with both neighbouring and further afield countries, including Ukraine, Qatar and Russia. The National Strategy took into account the rapid increase in the labour population and limitations for migrants seeking work in their country of origin. An inter-agency commission was founded to tackle trafficking in persons. The commission met in March 2012 with 27 civil society and non-governmental organization representatives. Migration Accounting Cards had been introduced to keep account of migrants both immigrating to and emigrating from Tajikistan. Migrants and victims of forced labour in countries including Saudi Arabia, China, Afghanistan, Turkey and other countries had been assisted. A newspaper called ‘Migrant’ was being regularly published in order to raise awareness and educate people about migrants’ rights, and about how their problems could be resolved. The Government fully intended to use human and other resources in order to regulate the processes of migration and ensure full compliance with the Convention.

Questions by Committee Experts

AZAD TAGHIZADE, Vice-Chairperson and Committee Member acting as Rapporteur for the report of Tajikistan, said he appreciated the constructive and serious tone the State party used on this subject. The report gave a picture of the current situation in Tajikistan, particularly in terms of labour migration. Tajikistan faced difficulties in connection with economic development, and the Committee noted that one of the Government’s strategies was to encourage labour migration. However, a number of steps related to the Convention had not yet been implemented, such as the law regulating labour migration which had been in development for a number of years and had still not come before parliament. Mr. Taghizade asked what the timeframe would be before resolute action in order to ensure comprehensive legislation was in place to regulate labour migration – why had it taken over two years to discuss that law?

Another important factor was assignment of the appropriate bodies to implement the Convention. The Migration Service of Tajikistan was welcomed, but it needed more resources, given its enormous number of beneficiaries. It was noted that the Service had 200 staff members, but that was insufficient given at least one million Tajiks had migrated abroad. Regarding the high number of Tajik migrants in Russia, could the delegation elaborate on agreements between Russia and Tajikistan? Statistics showed that 91 Tajik people were killed in Russia as a result of attacks so far in 2012 alone; on average 1,000 Tajiks died per year and their corpses were sent back to Tajikistan. That clearly exceeded the average work accident rate, and violated those migrants’ right to life. What measures was Tajikistan taking to protect those migrants and what employment sectors were the Tajik migrants working in to encounter such high levels of violence?

Mr. Taghizade asked about the rights of migrants in Tajikistan, for example to buy property. What was the situation if a migrant married a Tajik man or woman, and what happened to children if their parents divorced? He welcomed the introduction of Migrant Identity Cards, but noted they were only available at airports, so citizens coming into Tajikistan through other routes did not receive them.

Many migrant workers were found jobs and helped with paperwork to leave the country by private agencies, not State structures, Mr. Taghizade said. What measures were taken when those private employment agencies did not properly fulfil their duties, in particular regarding the recruitment agency which found labourers to go to Saudi Arabia?

An Expert asked about family reunification, which was only an option for non-Tajik nationals who had lived in the country for over one year. Could Tajik citizens living abroad vote in domestic elections? There were reports of corruption and extortion in certain border posts, an Expert said. Had the officials who worked in border posts been trained?

An Expert thanked Tajikistan for sending such a high-level delegation and for all of the information it had provided and welcomed the importance the Government attached to the Convention. He noted that a large number of Tajik citizens working abroad sent back remittances to their families. Did the Government have any information on that, and also on whether remittances were sent out of Tajikistan by foreign migrants?

The Committee recognized that Tajikistan was primarily a labour-sending country, and that the destination countries were not party to the Convention. However there were a lot of things that Tajikistan could do, such as providing consular services in situ in destination countries, whether by specially training their diplomats, appointing honorary consuls or sending migration officers. What measures could the Government take to provide reliable assistance to Tajiks working abroad, who sent valuable remittances back to their home country?

Response from the Delegation

The Ministry of Foreign Affairs protected the rights of migrant workers living abroad through its consular service, and had consulates open in several locations, including virtually all regions of Russia.

The Migration Service was set up in 2011 by request of compatriots and nationals working outside of Tajikistan. It represented a substantial step forward, and was backed by a budget and staff who had formerly worked in the Ministries of Labour Protection and of Foreign Affairs. Depending on future Government capacity it was hoped to expand the Migration Service’s network of offices, particularly in Russia.

The law regulating labour migration had been delayed due to consultations, but literally a few days ago two non-governmental organizations and the Ministry of Justice returned the draft with substantial comments and proposals. The law would definitely be adopted by Presidential Decree within the next few months.

Pursuant to a Government decision of 2004 remittances to Tajikistan were not taxed. The money was sent in accordance with the contractual terms which applied between the commercial and State banks of Tajikistan and partner banks in Russia and other countries. The money was sent either by means of an account that the migrant workers opened before they left Tajikistan, received by relatives, received in a deposit account, or by proxy. Any citizens, including migrant workers, had the right to save their monetary resources either in private or in State pensions.

An agreement between Tajikistan and Russia on labour activities and protection of citizens resident in each others countries was signed in September 2004 in Dushanbe. As a result a permanent Commission and Working Group, annually alternating between Russia and Tajikistan, met to discuss labour migration issues. Non-governmental organizations participated actively in those discussions. A recent issue raised in those discussions was the provision of vocational training and specific skills for migrants. The Commission issued permits to migrants and dealt with their entry into the Russian system.

The Ministry of Foreign Affairs had both consular services and territorial units to support migrant workers abroad. The network of embassies and consulates had strict rules for upholding the rights of citizens abroad, and had adopted a declaration on granting of passports, the right to return, and the career development of those migrants. Training programmes for officers took place every year.

The delegation spoke about the significant diaspora living in Russia and Kazakhstan, and said that they worked with them in order to formulate policies.

Regarding the ability of migrants to purchase housing, a delegate confirmed that by law foreign citizens could not buy private or State property, but a foreign citizen could inherit property. The reason for that legal ruling was that there was a shortage of housing in the capital city Dushanbe. If foreign citizens were allowed to purchase property it could result in huge pressure on available housing and rapidly increase property prices. Other reasons for the restriction were to support vulnerable members of the population, and to pre-empt any corruption regarding the privatisation of State housing.

The law on citizenship provided a procedure for foreign citizens over the age of 16 to obtain residency permits, visas, or citizenship. Residency permits were valid for six months, and issued when a foreigner arrived in Tajikistan and registered with the authorities, using their passport, within three days of arrival. Exceptions applied to high-level State or Parliamentary delegations who had been invited by the President or the Government, their staff and family members, those arriving on United Nations Laissez-Passer, foreigners younger than 16 and anyone visiting Tajikistan for less than three days. The Ministry of Foreign Affairs was responsible for registering foreign passports, including those of embassy and consulate staff.

Any adult of 18 years or more could apply for Tajikistan citizenship, irrespective of their origin, race, gender, education, language, religion, political or other views. An applicant must have continuous permanent residency in Tajikistan. If a person left the country for medical treatment or educational purposes that period must not exceed three months. Under special circumstances those stipulations could be eased, for example for citizens of the former Soviet Union, some students, or those with special skills of use to Tajikistan. Asylum seekers had their background and links to their former country checked.

Corruption was a significant issue, and the Government made every effort to prevent and reduce it and restrict its impact on economic development, hence the establishment of the Anti-Corruption Agency. A delegate said that the Committee’s information on corruption may have come from the non-governmental organizations’ shadow report on Tajikistan, which mentioned corruption in Dushanbe and the question of coercion. Certain immigrants claimed that on occasion they were required to pay bribes upon entry into Tajikistan. An anti-corruption campaign was being run alongside the Anti-Corruption Agency, while a National Council to counter corruption and investigate cases had recently been established.

If a foreigner or stateless person wanted to marry a Tajik man or woman, they had to meet certain conditions. The person had to live in Tajikistan for a year prior to the marriage, and the Tajik citizen they were marrying had to be able to provide for housing and other economic needs. The reason for those conditions was the high divorce rate in Tajikistan; quick divorces took place at a high rate and the Government hoped those conditions would pre-empt such divorces, protect vulnerable parties from finding themselves penniless following divorce, and provide for maintenance of a divorced spouse.

Regarding the application of international law in Tajikistan legislation, international instruments and treaties prevailed over domestic law, and a Presidential Decree provided for that.

There was an agreement between Tajikistan and Russia which regulated migration between their citizens and required employees to be at least 18 years old. Upon arrival in the country of destination the migrants had to have a medical examination and obtain a health certificate from their place of work which confirmed their ability to work in the job for which they had been recruited. Certificates given in the country of origin were not recognized. However, medical centres in participant countries had been identified and it was currently under discussion to allow those centres to issue medical certificates in future. Any migrants arriving in Tajikistan who wanted to work also had to have a medical examination.

Regarding the question about the large number of deaths among migrant workers and the repatriation of their bodies, and why there was so much violence against Tajik emigrants, particularly in Russia, a delegate sought to explain the agreements between the countries. Pursuant to the agreements between Russia and Tajikistan on the rights of labour migrants in both countries the destination country was obliged to pay the costs of returning a body home, but recently a Presidential Decree was passed which allowed for free transport of bodies. Joint measures and programmes by both countries had been launched to investigate crimes as quickly as possible and to combat organized crime.

The labour migration process, on both a monthly and annual basis, needed to be improved. A delegate said that 2012 would mark the eighth meeting of the joint Tajikistan and Russian Working Group on Labour Migration, at which the parties would meet and discuss a model contract that could be used by employers of migrant workers. That contract specified wage levels, working conditions, a disputes procedure and other provisions.

A delegate praised the non-governmental organization, the International Federation of Human Rights, for its excellent study, review and suggestions on migration. The Government had studied the review and recently held an event to look at ways of applying their suggestions.

Together with the International Organization of Migration in Tajikistan representatives from the Ministry of Labour had been working on the problem of trafficking in persons. Three centres had been set up for victims of trafficking, one in the capital Dushanbe. The authorities were considering ways to rehabilitate victims, including re-training, and how best to care for children, especially those without a guardian. During 2011 the Ministry of Labour worked with 150 school-aged children who had difficulties; those children were returned to school and also given vocational training in the centres. So far four of those children had found professional work, and it was hoped that the rest would be able to reintegrate into society.

Concerning regulation of migration, a large part of that was making sure that migrants were informed, educated about the culture and language of the country they were going to, had specific skills that would help them find employment, and knew how to find employment in their destination country. The Government helped individuals in all of those areas. Assistance for returning migrants was also very important, and migrants coming back home to Tajikistan were helped to reintegrate.

In 2009 more than 100,000 migrants temporarily returned home to Tajikistan. The Government sent those returnees a questionnaire which included questions on problems encountered during their time in Russia. The questionnaire had a huge response that would be very valuable in drawing up the model contract. An English-version of that study was available on the Government Agency for Statistics website, and detailed information on labour market legislation could also be found online, via the following website: www.labour.tj (available in English).

Follow-Up Questions by Experts

The delegation was asked for more information on private recruitment agencies, how they operated, and what action the Prosecutor’s Office could take in the event of a complaint or legal case against them. An Expert asked for more information on access to housing by foreign nationals and on marriage conditions for non-Tajik citizens. The delegation was also asked about the application of social security rights, especially pensions, for migrant workers in Tajikistan.

In the last year 25,000 Tajik women left the country to find work abroad, an Expert said. He asked if the Government knew what happened to the children of those women and who cared for them while their mothers were abroad as everyone knew the function of a mother in the life of a child was crucial. It was clear the women went abroad to earn money to ensure the welfare of their children, but their children were not able to accompany them.

The United Nations Palermo Protocols on trafficking and people smuggling had not been signed by the State party, an Expert noted. Given the high numbers of Tajik women moving abroad seeking work, and the high levels of sex trafficking in that part of the world, that was a concern. Did the Government take the question of trafficking into account in its policies? It was a very sensitive issue because when women migrated they were most vulnerable to being trafficked for sexual services.

Response by the Delegation

Responding to these questions and comments, the delegation said that if migrant workers had made contributions into a pension that would be taken into account when they left the country, and if they had paid social insurance the migrant would benefit from the contributory system to which they had contributed. Returning to the issue of housing, the rules were partly to ensure there was no abuse by civil servants involved in the privatization of housing, a delegate said. A number of persons married to obtain citizenship. If there was a marriage social guarantees pursuant to it would be available to the foreign citizen. The Government always decided in favour of the more vulnerable party – the woman or the child born out of such a marriage.

Regarding the private recruitment agencies, the Government did indeed monitor them and was discussing a draft bill on regulating the agencies. It was hoped the bill would be passed through parliament in the next few months. The Prosecutor’s Office could act in the event of a complaint or legal case being brought against a private recruitment agency, but it could also intervene without a complaint.

The problem of trafficking was one of the main focuses of Government. Tajikistan was party to the Palermo Protocols and the relevant conventions. The Government worked with international organizations and embassies and met with other concerned officials to draft policy on tackling trafficking.

Concluding Observations

AZAD TAGHIZADE, Vice-Chairperson and Committee Member acting as Rapporteur for the report of Tajikistan, welcomed the high-level delegation from Tajikistan and the detail they had put into their report and answers. The Committee understood the situation in Tajikistan was difficult; many issues were only beginning to be tackled, while legislation was being updated despite a lack of human and financial resources. The Committee welcomed the clear desire of Tajikistan to tackle issues that needed to be resolved, and remained willing to provide technical assistance and support to the State party in its endeavour to meet the requirements of the Convention.

MR. MAHMADAMINOV M.B., Minister of Labour and Social Protection of Tajikistan, thanked the Committee and said the discussion would help Tajikistan to emphasize the importance of work to protect migrants both inside and outside of the country. Further answers would be provided to the Committee, and Tajikistan would do its best to ratify other conventions. The Committee was invited to visit Tajikistan to see the real situation, where the Government would welcome its experience and technical assistance. The Government would do its best to work with its partners in international organizations and United Nations Committees to improve the situation of the labour market.

ABDELHAMID EL JAMRI, Committee Chairperson, thanked the delegation again for sending a Government Minister, and said they had shown their willingness to fully implement the Convention and improve the rights of migrant workers. The Committee’s recommendations would soon be available, and would focus on both the positive elements and aspects that needed extra work and better implementation of the Convention. Mr. Jamri asked Tajikistan to allow the Committee to receive individual complaints under the Convention, and also to promote the Convention both at home and in bilateral or multilateral meetings in their part of the world.



For use of the information media; not an official record

CMW12/004E