Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Kazakhstan (Ratification: 2003)

Article 3(a) of the Convention. Worst forms of child labour. Trafficking of children. The Committee previously noted that Kazakhstan remained a source, transit, and destination country for victims of trafficking in persons, including children.

The Committee takes due note of the adoption of the Act on Combating Trafficking in Persons of 5 July 2024, No. 110-VIII. Chapter 5 of this Act addresses child trafficking, including through the protection of minors’ rights, the provision of assistance, and the prevention of trafficking. The Government further indicates that under section 135 on “Trafficking in minors” of the Criminal Code, eight cases were registered in 2024, with three sent to court, three dismissed on rehabilitative grounds, and two in which the pretrial investigation period was interrupted under section 45(7)(1) of the Code of Criminal Procedure (failure to identify the person who committed the criminal offence). As of 25 August 2025, 17 cases have been registered under section 135 of the Criminal Code, including one sent to court, 15 still pending and one in which the pretrial investigation period was interrupted under section 45(7)(9) of the Code of Criminal Procedure (following the appointment of an expert examination). The Committee requests the Government to take the necessary measures to ensure the effective implementation of the Act on Combating Trafficking in Persons of 5 July 2024, No. 110-VIII, particularly in relation to the trafficking of children, and to provide information in this respect. The Committee further requests the Government to intensify its efforts to ensure that all perpetrators of child trafficking are subjected to thorough investigations and prosecutions, and that dissuasive penalties are imposed. It also requests the Government to continue to provide information on the application of section 135 of the Criminal Code in practice, including the number of investigations, prosecutions, convictions, and penal sanctions applied.

Article 3(d) and application of the Convention in practice. Hazardous work on tobacco and cotton plantations. The Committee previously noted the information on the persistence of child labour in practice, including in tobacco and cotton plantations, as well as in the agricultural and construction sectors.

The Committee notes the Government’s reference to the list of jobs where the employment of workers under the age of 18 is prohibited (adopted by the Order of the Minister of Health and Social Development, No. 944, of 8 December 82015), which includes work on tobacco and cotton plantations. The Government also indicates that, based on information from the territorial offices of the State Labour Inspectorate Committee, no violations related to child labour have been recorded.

The Committee further notes from the 2024 publication of the United Nations Children’s Fund (UNICEF) on “A Situation Analysis of Children and Adolescents in Kazakhstan”, that while there is no detailed data on the number of children working in different sectors, available information reveals that children work in the agricultural and construction sectors. This publication also indicates the existing gaps within the operations of enforcement agencies that may hinder the adequate enforcement of child labour laws. The Committee requests the Government to redouble its efforts to protect children from hazardous work, including work on cotton and tobacco plantations, and to strengthen the capacity of law enforcement bodies to facilitate the detection of such cases. It also requests the Government to continue to provide information on the number of inspections carried out in this respect, the number of violations detected, and the penalties imposed.

Article 7(2). Effective and time-bound measures. Clauses (b) and (d). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and reaching out to children at special risk. Migrant children. The Committee notes with regret the absence of specific information in the Government’s report concerning the measures taken to identify and provide appropriate assistance to children affected by migration.

The Committee further notes that, in its 2025 concluding observations, the United Nations Human Rights Committee expressed concern about reports that migrant children are particularly vulnerable to trafficking in persons due to factors including the failure to register children under age seven at the border, the absence of identity documents for children under 16, and the ban on granting residence permits to foreign children under 16 (CCPR/C/KAZ/CO/3). The Committee also notes from the 2024 UNICEF publication on “A Situation Analysis of Children and Adolescents in Kazakhstan”, that migrant children seeking work in Kazakhstan are often unable to work legally, limiting their entitlement to work protections. The Committee strongly requests the Government to take the necessary measures to ensure the identification and protection of children at special risk, particularly migrant and refugee children. The Committee reiterates its request to the Government to provide information on the measures taken and the results achieved in this regard, including the number of children who have been identified as being at risk, and who have benefited from appropriate protection and assistance.

The Committee is raising other matters in a request addressed directly to the Government.