KYRGYZSTAN TODAY Policy briefs on - Department of Geography

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Karasu district. 1 They are mostly citizens of Uzbekistan who come to work, crossing the border posts or using illegal routes. Migrants from neighboring countries are mainly employed in trade, catering services and also in the construction of individual buildings. These people usually do not have work permits, while the employers, in turn, do not have permits to use foreign labor. Field staff meetings of the Public Foundation “Labor Migrant Assistance Center Network’’ with the citizens of the Kyrgyz Republic, traveling to the Republic of Uzbekistan through the frontier and customs posts, as well as with citizens of the Republic of Uzbekistan, i.e. with “pendular” migrants, have shown that more than 70 percent of migrant workers are unaware of the Intergovernmental Agreement “On the mutual trips of citizens” of 2 July, 2000 that requires a work permit. This problem mainly affects “pendular” migrants. But there are other categories of migrants, such as Chinese citizens, who are able to receive legal advice. Most of them are registered as individual entrepreneurs or operate as a legal entity. The most vulnerable layers of the population remain the unemployed and “pendular” migrants from neighboring countries, coming for seasonal work; they have to face the problem of late issue or refusals to issue the required work permit. In addition, there is the imaginary problem of “registration of international passports.” According to the law of the Kyrgyz Republic “On the external migration” of 17 July 2000, citizens of a foreign state, subject to a visa-free regime, may enter, leave, transit, travel and stay in the territory of the Kyrgyz Republic without a visa, provided they have a valid document (passport or an alternate document). During their stay in the Kyrgyz Republic, citizens of foreign countries are exempt from the registration of international passports, if the period of their stay in the Kyrgyz Republic does not exceed 60 days (90 days for citizens of the Russian Federation and the Republic of Kazakhstan). Migrant workers say that border and customs officials nag them, saying that foreign nationals who arrive in Kyrgyzstan for more than five working days ostensibly must be registered at their place of residence by the Ministry of Foreign Affairs of the Kyrgyz Republic and its territorial offices, and by the Ministry of Internal Affairs of the Kyrgyz Republic and its territorial bodies, or in hotels. Of course, there have been almost the same violations of the migrant workers’ rights during the process of working activities. Preconditions for violations of the migrant workers rights Violation of migrant workers’ rights is, to a great extent, a consequence of illegal residence in the country and illegal labor activities, and also of corruption of officials and their failure to comply with national and international legislation. It is hard to imagine any effective measures to eradicate corruption and bribery because, as long as there is money in the country, these phenomena will remain. Other preconditions are the socio-economic standard of living and, at the same time, very high unemployment rates and attractive immigration population policies of other countries. Equally important are the poor language and legal skills of migrants. 1 Analytical report by the Public Foundation “Labor Migrant Assistance Center Network’’, September 2008. 122
Recommendations • Improve the immigration legislation of the Kyrgyz Republic: 1. Reduce the set of documents required to obtain permits and the time needed to consider the applications for permission. 2. Introduce a system of computerized control over border crossings by border and “pendular” migrants. 3. Take into account that, during periods of seasonal work, the number of “pendular” and border migrants greatly increases, so it is necessary to establish their individual quotas. • Reduce unemployment by creating new jobs. • Regulate the processes of attracting foreign labor. • Cooperate with NGOs and international organizations in protecting the migrants rights. • Take into account that the majority of migrants illegally work in the territory of the Kyrgyz Republic and the Russian Federation, which makes it necessary to legalize their stay and work, and relieves them of any responsibility. • Strictly supervise officials of public authorities in general, and the Federal Migration Service of the Russian Federation and the State Migration and Employment Committee of Kyrgyzstan in particular. References 1. State Program of regulation of migration processes in the Kyrgyz Republic in 2007-2010. Adopted 25 Sept, 2007 2. Law of the Kyrgyz Republic “On the external migration” of 17 July, 2000 3. Law of the Kyrgyz Republic “On internal migration” of 30 July, 2002 4. Law of the Kyrgyz Republic “On foreign labor migration” of 13 Jan., 2006 5. Law of the Russian Federation “On the legal status of foreign citizens in the Russian Federation” of 25 July 2002 # 115-FZ. 6. Law of the Russian Federation “On the migration record of foreign nationals and stateless persons in the Russian Federation” of 18 July, 2006, # 109-FZ. 7. Employment, unemployment, labor migration: The results of one-time survey of employment in July 2006 / National Statistic Committee of the Kyrgyz Republic and the State Migration and Employment Committee of KR on migration and employment. Special edition. – Bishkek, 2007. 8. The rights of migrant workers in Kazakhstan. National law, international standards and practices. – 2008. 9. Manual for the formulation of effective policies on labor migration in countries of origin and destination/International Organization for Migration. - 2006. 10. Labor migration and productive use of human resources in the Kyrgyz Republic/International Labor Organization. – 2008, September. 123
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Social Research Center American Uni
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The Social Research Center (SRC) at
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policy, but on the politics of loya
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them set up with the sole aim of ac
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has been made. As democratization i
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For a country where the main active
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seemingly happen to form regionally
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• Support the development of self
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synonymous with civil society. Thes
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and to the fact that it is popularl
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in a politically-advanced society w
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Galina Plakhotnikova, Aida Kurbanov
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to focus on donors’ priorities, w
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Sheradil Baktygulov, Independent Ex
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In this context, the Kyrgyz state v
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6. Produce a training program for g
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among decision-makers and in genera
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New Middle Classes Classes are anta
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References and Sources 1. Bates R.
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Kyrgyzstan, they did not have a cle
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impossible. Even though the Moldova
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Summing up, it should be emphasized
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- national programs and projects; -
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awareness of implementation of thes
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also tried to participate in develo
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and its regional programs, to devel
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development in both urban and rural
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the participants of public hearings
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Social Development as the spokesper
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Emil Nasritdinov. Discrimination of
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