Kazakhstan Changing Its Labor Laws to Better Reflect the Country’s Needs
Kazakhstan has recently adopted regulations that make it more difficult for migrants and citizenship-seekers to enter the country. Urazgali Selteyev, a political scientist and director of the Institute for Eurasian Integration, told The Times of Central Asia that the legislation is being streamlined rather than tightened. According to some experts, Kazakhstan is the most attractive country in Central Asia for migrants. For many years, foreign workers have been entering the country, and illegal migration is high, as residents of neighboring countries are hired in the agricultural and construction sectors and are involved in transportation and services. In recent years, cases of detection and deportation of illegal migrants from the farthest regions, including Africa, have become more frequent. In addition, since 1991, more than one million 'kandas' (formerly known as oralmans) have arrived in Kazakhstan -- persons of Kazakh nationality resettling in the country according to established quotas. Often, kandas arrive from Uzbekistan, Kyrgyzstan, Turkmenistan, China, and Russia. Also, after the partial mobilization for Russia's war in Ukraine announced in September 2022 by Russian president Vladimir Putin, an unspecified number of draft evaders and their family members entered Kazakhstan. This situation forces the Kazakh authorities to take a stricter approach to regulating migration flows. Just the other day, the website “Open Normative Legal Acts” (“Open NLA”) posted a document highlighting the discussion that began two years ago. The document states that Kazakhstan will develop rules to determine whether kandas have a right to claim Kazakh nationality. In May this year, Kazakhstan's president Kassym-Jomart Tokayev signed the law “On introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on the improvement of legislation in the field of migration and penal system.” This law provides new grounds for refusal of admission and restoration of Kazakh citizenship, such as ignorance of the state language at the elementary level, the basics of the Constitution of Kazakhstan, and a certain level of national history determined by an authorized body in the field of science and higher education. Simply put, applicants for citizenship will have to pass the exam. As explained by the Minister of Science and Higher Education Sayasat Nurbek, the test will include three components: the first is knowledge of the Kazakh language, the second is the basics of the Constitution, and the third is the basics of the history of Kazakhstan. “These tests will be required to be taken by persons who apply for citizenship. There are reservations on a separate list of honored: on the presidential list, minors and people with disabilities will be exempted,” explained Nurbek. According to the new migration rules, EAEU citizens can stay in the country for no more than 90 days within 180 days; other foreigners can stay for no more than 30 days, and a maximum of 90 days in six months. In the previous version of legislative acts, there were no restrictions concerning the 180 days, thus, foreigners lost the opportunity to repeatedly renew the terms of stay, leaving the country for...