Human trafficking remains a significant global issue, affecting millions of people around the world. According to recent data, there are an estimated 27.6 million victims of human trafficking globally, with cases reported across almost every country. Human trafficking can take various forms, including forced labor, sexual exploitation, and domestic servitude. The global reach of this crime is vast, and it is often fueled by factors such as poverty, conflict, and lack of legal protection.
In Central Asia, human trafficking is particularly pressing due to several socio-economic factors. Countries like Kazakhstan, Kyrgyzstan, Uzbekistan, and Tajikistan serve as source, transit, and destination countries for trafficking victims. In Kazakhstan, for example, there has been a notable increase in the identification and reporting of trafficking cases, which some experts attribute to better awareness and improved reporting mechanisms rather than an actual rise in trafficking activities. The government has started to take more robust actions, including developing shelters and support services for victims.
Until recently, Kazakhstan did not have a specific law addressing human trafficking, as required by international human rights treaties. The development of such a law was therefore necessary to align the country’s legislation with international standards.
On July 5, 2024, President Kassym-Jomart Tokayev of Kazakhstan signed the Law “On Combating Human Trafficking.” This law is Kazakhstan’s first comprehensive legislative framework specifically aimed at combating human trafficking. It designates authorized bodies responsible for combating human trafficking, defines their rights and obligations, and aligns definitions with international standards. Additionally, it introduces new concepts, identifies subjects involved in combating human trafficking and their competencies, and mandates the implementation of risk assessments (data collection) to identify issues in this area.
The international concept of a “potential victim of human trafficking” is clearly defined as anyone in a vulnerable position who may become a target of violence or exploitation due to factors such as material, psychological, or other dependency; minority or old age; orphanhood or neglect; pregnancy; disability; mental or other illness; substance abuse (narcotics, alcohol, or psychotropic substances); unemployment; lack of documentation; homelessness; or unresolved migration status.
A separate chapter in the law is dedicated to more effectively protecting minors’ rights, recognizing them as the most vulnerable group, and to strengthening preventive measures. The law introduces administrative liability for officials of medical organizations and institutions for orphans and children without parental care who fail to report the abandonment of a newborn. It also defines the authority of the body responsible for handling such cases.
“The role of civil society in combating human trafficking is very high, as representatives of non-governmental organizations not only conduct preventive activities aimed at combating human trafficking, but also provide direct legal and social assistance to victims of human trafficking. It is extremely important to note that assistance is provided based on the needs of victims of human trafficking, which in turn allows effective support to be provided to victims. Representatives of civil society were involved in the development of the law to incorporate their recommendations based on practical experience.
Overall, the adoption of the specific law will enable the development of a systematic approach to this issue, analyzing the situation in our country considering the high degree of latency, and minimizing risks, establishing the interrelation of important measures of combating human trafficking such as cooperation, prevention, criminal prosecution, and protection of the rights of victims of human trafficking,” notes Shakhnoza Khassanova, director of the NGO “Legal Center for Women’s Initiatives “Sana Sezim”.
During the legislative process, deputies introduced around 100 amendments, including provisions for assisting foreign victims of human trafficking in returning to their home countries. More broadly, the law mandates the provision of special social services, funded by the state, to assist victims, including psychological and physical recovery services.
Commenting on this law, Marat Bashimov, a member of Kazakhstan’s Parliament, stated: “Human trafficking is a global issue that deprives individuals of their fundamental rights and freedoms as enshrined in the Constitution. I believe that this specific law will establish a legal framework for further improving legislation in this area, taking into account the requirements of international human rights standards, particularly the principles of the Palermo Protocol and the commitments of the OSCE.”
New forms of human trafficking are emerging, including traffickers using social networks and subtly employing advertising for their purposes. To prevent such crimes, amendments were made to other regulatory acts, including the introduction of criminal liability for organizing sexual services via the Internet.
Moreover, the concept of “exploitation of a person” has been aligned with international conventions by expanding the methods of coercion.
Overall, while challenges remain, the Kazakh government hopes that this law will contribute to more effective detection of criminal offenses, strengthen preventive efforts against human trafficking and ensure further measures to protect human rights.
Additionally, the law’s focus on aligning Kazakhstan’s legal definitions and practices with international standards aims to improve the effectiveness of law enforcement in prosecuting traffickers and protecting victims. The law’s implementation is expected to enhance cooperation among different sectors and improve public awareness, potentially leading to better identification of trafficking cases and more effective prevention strategies.
