2025 Trafficking in Persons Report: Kazakhstan

 

KAZAKHSTAN (Tier 2)

The Government of Kazakhstan does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared with the previous reporting period; therefore, Kazakhstan remained on Tier 2. These efforts included convicting more traffickers and identifying more trafficking victims. The government enacted new anti-trafficking legislation to clarify government agency responsibilities and expand victim services. The government also adopted a joint order to streamline cooperation between ministries, particularly for victim identification and referral to care. Additionally, law enforcement authorities increased efforts to screen vulnerable populations for trafficking indicators. However, the government did not meet the minimum standards in several key areas. The government referred only half of identified victims to services. Authorities continued to identify few foreign victims and efforts to address forced labor remained inadequate.

PRIORITIZED RECOMMENDATIONS:

  • Proactively identify trafficking victims and refer all trafficking victims for assistance.
  • Vigorously investigate and prosecute trafficking crimes, and seek adequate penalties for convicted traffickers, including complicit officials, which should involve significant prison terms.
  • Amend Kazakhstan’s penal code to align the definition of trafficking with the international law definition, and enhance prescribed penalties.
  • Allocate sufficient funding for victim services, including for shelters, and increase availability of services for male and rural victims.
  • Strengthen the capacity of the Labor Inspectorate to identify forced labor victims, including by allowing unfettered access to factories, construction sites, and farms for unannounced inspections without requiring a complaint and increasing training on victim identification and procedures to report potential trafficking cases to the police.
  • Ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked.
  • Ensure victims are aware of their right to seek compensation, and train attorneys and law enforcement officials on how to assist in that process.
  • Enhance oversight and regulation of labor recruitment agencies and hold fraudulent labor recruiters criminally accountable.

PROSECUTION

The government increased anti-trafficking law enforcement efforts.

Articles 128 (“human trafficking”) and 135 (“trafficking in minors”) of the penal code criminalized sex trafficking and labor trafficking. However, inconsistent with the definition of trafficking under international law, Articles 128 and 135 of the penal code did not include force, fraud, or coercion as an essential element of the crime but rather considered them an aggravating circumstance. The law prescribed penalties of four to seven years’ imprisonment for adult trafficking and five to nine years’ imprisonment for child trafficking; the penalties could be increased under aggravated circumstances to up to 15 years for adult trafficking and up to 18 years for child trafficking. These penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with those prescribed for other grave crimes, such as kidnapping. Sex trafficking crimes were also prosecuted under Articles 134 (“involvement of a minor in prostitution”) and 308 (“involvement in prostitution”) during the reporting period. The government adopted a new standalone anti-trafficking law in July 2024 to clarify government agency responsibilities and expand victim services. The new law defined trafficking to include the recruitment, transportation, concealment, or procurement of a person for the purpose of exploitation through the use or threat of violence, fraud, or coercion. However, it did not amend the definitions in Articles 128 and 135 of the penal code or rectify the sentencing deficiencies, which could lead to confusion and misapplication.

In 2024, police initiated investigations in 44 trafficking cases, including 14 cases under Article 128 of the Criminal Code, compared with 15 investigations in 2023. The government prosecuted 12 cases compared with prosecuting five cases in the previous year. The government convicted 18 traffickers – 13 for sex trafficking and five for labor trafficking – compared with five traffickers convicted in 2023. Courts sentenced traffickers from one year and three months to 14 years’ imprisonment. Notably, two of the investigations involved forced labor allegations by farm owners. The government continued to implement its Territorial Mobile Teams, which travel to rural areas and respond to reports of forced labor, including in farms and other locations. The teams included police, prosecutors, labor inspectors, and NGO representatives, and conducted 360 field visits in 2024. The government cooperated on trafficking cases with a regional intergovernmental organization as well as the Governments of Uzbekistan, Russia, and the Kyrgyz Republic. Law enforcement authorities arrested five individuals as a result of these efforts, including two citizens of Uzbekistan and three citizens of Kazakhstan. Additionally, the government participated in a multinational operation to combat human trafficking and corollary crimes, including fraud, in collaboration with an international organization and several other governments. Observers previously reported law enforcement challenges in evidence gathering, a lack of understanding of trafficking and coercive methods utilized by employers, limited knowledge of the criminal code, and staffing rotations as impediments to police effectiveness, resulting in low identification of cases. Additionally, observers reported the current definition of trafficking in the criminal code prevented some authorities from properly investigating or prosecuting cases involving more complex trafficking indicators, including labor trafficking cases. Criminal statutes carrying lesser penalties were widely used, and the significant leeway in how to categorize trafficking crimes given to investigative, prosecutorial, and judicial authorities made the statutes vulnerable to corruption. Corruption and official complicity in trafficking crimes remained concerns, inhibiting law enforcement action. Government authorities initiated investigations against two allegedly complicit officials involved in trafficking crimes. Observers reported many victims were hesitant to cooperate with law enforcement authorities due to previous negative experiences with police.

The government provided anti-trafficking training to police, including in collaboration with civil society and other governments. The Ministry of Internal Affairs (MIA) division for Combating Trafficking in Persons and Protection of the Participants of Criminal Proceedings is represented in all regions with officers specialized in human trafficking. Observers previously highlighted that gaps in existing laws and lack of expertise in investigating cybercrime obstructed law enforcement efforts to adequately respond to an increase in online criminality and exploitation, including sex trafficking, unless minors were involved.

PROTECTION

The government increased protection efforts.

In 2024, the government identified 176 trafficking victims, compared with 21 in 2023. Of the 176 victims identified, 30 were victims of sex trafficking (including 11 minors), 145 were victims of forced labor, including eight victims with disabilities, and one was a victim of an unspecified form of trafficking. For the first time in several years, the government reported it referred 81 victims to care. NGOs and international organizations identified an additional 181 trafficking victims. Law enforcement officials had standard guidelines for the identification of victims and their referral to protection services. Police also maintained a formal referral mechanism for victims initially arrested or detained during police operations. The government reported having standard guidelines on victim identification and referral to care for labor inspectors, diplomatic missions, healthcare providers, and education stakeholders. Prior to referring a victim for assistance, law enforcement, social services, or in some cases NGOs conducted a formal identification process, which included an interview and assessment. In October 2024, the MIA and MoLSP adopted a joint order to clarify the roles and responsibilities among the institutions tasked with combating trafficking in an effort to streamline cooperation, including in the identification and referral of victims as well as the provision of victim services. Experts observed the government’s child protection and anti-trafficking entities did not effectively coordinate efforts, potentially leading to gaps in the identification of child victims of trafficking. Law enforcement officials increased screening for trafficking indicators among vulnerable populations when conducting law enforcement operations. In the previous reporting period, the government detained and deported potential trafficking victims and did not screen detained migrants for trafficking.

The July 2024 anti-trafficking law identified basic rights for trafficking victims, including the right to receive social services, medical care, and legal assistance, as well as compensation. Trafficking victims identified by government authorities could be referred to mostly government-funded, NGO-run shelters for victims of trafficking and domestic violence. Victims could stay in a shelter for up to six months with the option of an additional three months if there was an ongoing criminal case against the trafficker or the victim was receiving medical treatment. Unaccompanied child victims were placed in separate shelters from adults and assisted by the Centers for the Adaptation of Minors. Trafficking victims were entitled to free medical, educational, employment, financial, psychological, and legal assistance. These and other protection services were not conditional upon victims’ cooperation with law enforcement. The government allocated 232 million tenge ($500,000) for victim services in 2024, compared with 212 million tenge ($464,620) in 2023. The government operated two trafficking crisis centers that could provide services to victims and provided funding to 11 NGO-operated centers.

Access to victim services was not dependent on cooperation with law enforcement proceedings. The Law on Migration and Law on Special Social Services entitled foreign trafficking victims to the same benefits as citizens of Kazakhstan, including temporary residency with permission to work, access to government-funded shelters and services, and a reflection period of six months allowing victims time to decide whether to participate in law enforcement proceedings. However, observers previously noted systemic hurdles continued to limit victim protection and access to justice for foreign victims, especially male foreign victims. Additionally, experts reported some rural areas were difficult to access, affecting authorities’ ability to identify potential trafficking victims working on farms.

The government provided victim-witness assistance during court proceedings, including access to pre-trial shelter services, and basic provisions such as food, clothing, transportation, and medical and legal assistance. Trafficking victims were eligible to seek employment during their participation in criminal proceedings and cases could continue under counsel representation if a victim decided to leave Kazakhstan. In accordance with the Criminal Procedure Code, social workers could be present during victim interviews, which could take place in shelters instead of police stations or be recorded to prevent the need for multiple interviews, in order to avoid re-traumatization. Victims were able to receive compensation by filing civil suits in conjunction with criminal cases. Many victims and their attorneys had previously reported they were unaware of the right to seek compensation, and high legal fees dissuaded some victims from doing so. The government maintained a compensation fund and the government could provide pro bono attorneys to trafficking victims; however, NGOs had previously reported a lack of legal assistance, particularly for foreign victims. The government provided compensation to four victims from the compensation fund during the reporting period.

PREVENTION

The government maintained efforts to prevent trafficking.

The Interagency Trafficking in Persons Working Group, led by the Ministry of Labor and Social Protection (MoLSP), included participation from NGOs and international organizations. The Working Group met twice during the reporting period to coordinate anti-trafficking efforts. The government continued conducting anti-trafficking awareness campaigns, including for Kazakhstani migrant workers, in collaboration with civil society. The government did not report allocating any funding for the country’s NGO-operated trafficking hotline in 2024, compared with 3.7 million tenge ($7,212) in 2023 – the hotline reported three calls regarding potential trafficking cases. There is also a lack of recent reporting on trafficking trends affecting children, though the government is undertaking efforts to conduct field research on child labor in construction sites, farms, and service jobs.

Though the MoLSP and the Ministry of National Economy had previously adopted a joint order requiring labor inspectors to report forced labor cases to law enforcement authorities, the government again did not report providing labor inspectors with anti-trafficking training. Additionally, while the government ended its moratorium on inspections of small businesses in January 2024, a complaint was still required to initiate an unannounced inspection. Migrant workers reported using unofficial third-party intermediaries to find employment and meet the government’s migration registration requirements; these intermediaries often circumvented the law and could facilitate the trafficking of foreign national victims with relative impunity due to their unofficial status. The government did not prohibit worker-paid recruitment fees. The government made efforts to reduce the demand for commercial sex acts. The government reported providing anti-trafficking training for its diplomatic personnel.

TRAFFICKING PROFILE:

As reported over the past five years, human traffickers exploit domestic and foreign victims in Kazakhstan, and traffickers exploit victims from Kazakhstan abroad. Domestically, the relative economic prosperity in the capital Astana, the financial center Almaty, and the western oil cities of Aktau and Atyrau attract large numbers of rural Kazakhstani citizens, some of whom traffickers lure through fraudulent offers of employment and then exploit in sex trafficking, including in massage parlors, and forced labor in agriculture, construction, domestic service, and other sectors. Traffickers force some children to beg and also coerce some adults and children into criminal behavior. The most vulnerable groups at risk of trafficking include individuals from rural areas, undocumented migrants, persons without identity documents, unemployed individuals, individuals who are homeless, and disabled persons.

Some individuals are at risk of abuse, extortion, and coercion by some authorities on the basis of their sexual orientation or identity; these individuals are vulnerable to trafficking amid widespread social stigma and discrimination that often jeopardizes their employment status or prospects in the formal sector and complicates participation in the judicial system. Some domestic violence victims seek and accept unsafe employment opportunities, making them vulnerable to trafficking. Some Kazakhstani and foreign national forced labor victims go unidentified in farms located in remote rural areas, such as in Karaganda. Turkmen citizens entering Kazakhstan without proper documentation are vulnerable to forced labor on farms.

Women and children from neighboring East Asian, Central Asian, and Eastern European countries, as well as from rural areas in Kazakhstan, are exploited in sex trafficking in Kazakhstan; in most cases, traffickers target girls and women, luring them with promises of employment, including through social media, as waitresses, models, or nannies in large cities. Observers noted traffickers increasingly use online recruitment methods to lure victims for exploitation in sex trafficking. Experts noted individuals with substance use issues are at increased risk for trafficking. Children are increasingly targeted for forced criminality in drug trafficking. Traffickers exploit Central Asian citizens, in particular Uzbekistani men and women and lesser numbers from Tajikistan and the Kyrgyz Republic, in forced labor in domestic service, construction, bazaars, and agriculture in Kazakhstan. Many Uzbekistani migrants illegally transit into Kazakhstan each day via informal border crossings for seasonal labor in construction, agriculture, retail, and hospitality; these individuals are particularly vulnerable to trafficking, as are their accompanying children, who often do not attend school despite their eligibility to do so. NGOs have reported the use of debt-based coercion by traffickers in the exploitation of migrants in recent years. Traffickers capitalize on tough law enforcement policies to coerce migrants to remain in exploitative situations and leverage these policies to threaten victims with punishment and deportation if they notify authorities, fostering distrust in law enforcement. Some Russian citizens fleeing Russia, some by irregular means, in order to avoid conscription into military service and military mobilization to fight in the Russia-Ukraine war, are vulnerable to trafficking.

Traffickers exploit Kazakhstani men and women in forced labor, mostly in Russia, but also in Southeast Asia, Bahrain, the Republic of Korea, Türkiye, and the United Arab Emirates. Sex traffickers exploit Kazakh women and girls in Russia, Uzbekistan, the Middle East, Europe, East Asia, and the United States. Traffickers exploit citizens of Kazakhstan in cyber scam operations in Southeast Asia. Chinese government authorities arbitrarily detain some Kazakhstani citizens visiting family in Xinjiang and subject them to forced labor. In Russia, some migrants from Kazakhstan, including those detained in Russian prisons, are vulnerable to forced recruitment to fight in the Russia-Ukraine war. Kazakhstani citizens and citizens from other Central Asian countries in Kazakhstan are recruited to fight in the Russia-Ukraine war with the promise of fast-track citizenship. Organized crime groups and small trafficking rings with recruiters operate in conjunction with brothel operators in Kazakhstan and abroad. In the UK, labor migrants from Kazakhstan that have faced labor violations by private employers are at risk of exploitation. Kazakhstani men who traveled to Syria, Iraq, and Afghanistan to fight alongside or seek employment within armed groups brought their families with them, at times under deception. Citizens of Kazakhstan remaining in these conflict zones, including children, are at risk of trafficking, including in refugee camps in Syria.