A study on the principle of non-refoulement: challenges in Kazakhstan's refugee law and compliance with international standards
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This paper aims to examine the gap between national legislation and practice in refugee law in Kazakhstan, as well as the problems associated with full compliance with the 1951 Refugee Convention and its Protocol. Unlike many other refugee-hosting countries, Kazakhstan is relatively a newbie in this field and lacks a comprehensive system for managing refugee problems, which can be seen in the legal framework as well. The country ratified the Refugee Convention and other relevant international treaties in the late 1990s, whereas the national legislature had began only in 2009. Kazakhstan has faced challenges in adhering to international agreements and exercising national self-determination in its foreign policy. Several examples of this issue will be discussed. Moreover, there is criticism that the overly politicized system prioritizes political agendas over adherence to humanitarian law, undermining international obligations. The legal status of refugees, asylum seekers, and stateless persons in Kazakhstan is affected by several significant issues. First, local legislation has gaps from international standards, particularly concerning the principle of non-refoulement. This is due to the practice of the State to send refugees and asylum seekers to countries where they are likely to be persecuted through regional agreements. Second, national law does not include provisions for offering complementary protection to asylum seekers. Third, refugee status is granted for only one year, while neighbouring countries provide longer durations for refugees and asylum seekers. Fourth, stateless persons encounter challenges in administrative processes. No specific procedure for determining statelessness is established through legislative measures that align with international standards. Finally, there have been instances where asylum seekers have been forcibly returned before decisions have been made on their asylum applications, which is the violation of human rights. In addition, the principle of non-refoulement can be applied extraterritorially, especially in cases where States intercept migrants and asylum seekers at sea. The Caspian Sea is Central Asia's largest inland water, connecting five countries, including Kazakhstan. The named sea is the sole way to intercept refugees in the region by water. While the country encounters unique geographical features related to the Caspian Sea and the movement of refugees, the predominance of land and air routes makes it easier to seek refuge beyond maritime borders. Due to the recent massive migration flows in Eurasian countries, many refugees and asylum seekers are expected to seek asylum in Kazakhstan. Thus, in order to ensure the protection of refugees, it is necessary to amend national legislation on refugees, which will most effectively comply with its international obligations.
Abstract
This paper aims to examine the gap between national legislation and practice in refugee law in Kazakhstan, as well as the problems associated with full compliance with the 1951 Refugee Convention and its Protocol. Unlike many other refugee-hosting countries, Kazakhstan is relatively a newbie in this field and lacks a comprehensive system for managing refugee problems, which can be seen in the legal framework as well. The country ratified the Refugee Convention and other relevant international treaties in the late 1990s, whereas the national legislature had began only in 2009. Kazakhstan has faced challenges in adhering to international agreements and exercising national self-determination in its foreign policy. Several examples of this issue will be discussed. Moreover, there is criticism that the overly politicized system prioritizes political agendas over adherence to humanitarian law, undermining international obligations. The legal status of refugees, asylum seekers, and stateless persons in Kazakhstan is affected by several significant issues. First, local legislation has gaps from international standards, particularly concerning the principle of non-refoulement. This is due to the practice of the State to send refugees and asylum seekers to countries where they are likely to be persecuted through regional agreements. Second, national law does not include provisions for offering complementary protection to asylum seekers. Third, refugee status is granted for only one year, while neighbouring countries provide longer durations for refugees and asylum seekers. Fourth, stateless persons encounter challenges in administrative processes. No specific procedure for determining statelessness is established through legislative measures that align with international standards. Finally, there have been instances where asylum seekers have been forcibly returned before decisions have been made on their asylum applications, which is the violation of human rights. In addition, the principle of non-refoulement can be applied extraterritorially, especially in cases where States intercept migrants and asylum seekers at sea. The Caspian Sea is Central Asia's largest inland water, connecting five countries, including Kazakhstan. The named sea is the sole way to intercept refugees in the region by water. While the country encounters unique geographical features related to the Caspian Sea and the movement of refugees, the predominance of land and air routes makes it easier to seek refuge beyond maritime borders. Due to the recent massive migration flows in Eurasian countries, many refugees and asylum seekers are expected to seek asylum in Kazakhstan. Thus, in order to ensure the protection of refugees, it is necessary to amend national legislation on refugees, which will most effectively comply with its international obligations.
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