Regional Conference of Ombudsmen

7/29/2019 Regional Conference of Ombudsmen

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Regional Migration Program in Central Asia and Russia, implemented by UN Women, IOM andthe World Bank with the support of the UK Government

Regional Conference of Ombudsmen (National Human Rights

Institutions) in Central Asia and the Russian Federation

Effective legal remedies for migrant workers: the role of Ombudsmen in

Central Asia and the Russian Federation

30-31 October 2012, Dushanbe, Tajikistan

Conference report

Dushanbe 2012


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List of abbreviations and acronyms ............................................................................................ 3

I. Goals and objectives of the Regional Conference ............................................................... 4

II. Thematic discussions and outcomes ................................................................................... 4

2.1 Effective legal remedies for migrant workers: overview of international standards and

national mechanisms............................................................................................................... 5

2.2 Effective policies and measures to protect the migrant workers rights in the countries of

destination and origin.............................................................................................................. 7

2.3 Open discussion of the Human Rights Ombudsmen of the Kyrgyzstan, Tajikistan and the

Russian Federation .................................................................................................................. 9

2.4 Discussion and results of the working groups................................................................... 11

2.5 General summarization of the working groups results .................................................... 17

2.6 Prospects for cooperation of Ombudsmen in Central Asia and the Russian Federation with

NGOs involved into protecting the rights of migrant workers and members of their families . 18

2.7 Discussion and adoption of participants Joint Conference Statement.............................. 19

III. Conclusions and final recommendations ....................................................................... 20

Annexes .................................................................................................................................... 22

Annex 1 ................................................................................................................................. 22

Annex 2 ................................................................................................................................. 26

Annex 3 ................................................................................................................................. 29

Annex 4 ................................................................................................................................. 37


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List of abbreviations and acronyms

ADC Antidiscrimination Center

EECA Eastern Europe and Central Asia

CRMWMF UN Convention on the Rights of Migrant Workers and Members of their Families

CEDAW Convention on the Elimination of All Forms of Discrimination against Women

CRC Convention on the Rights of Child

KR Kyrgyz Republic

IOM International Organization for Migration

ILO International Labor Organizations

ICCPR International Covenant on Civil and Political Rights

ICESCR International Covenant on Economic, Social and Cultural Rights

MS Migration Service

NGO Non-governmental organizationUN United Nations Organization

UN Women UN agency on issues of gender equality and expanding womens right and

opportunities

RK Republic of Kazakhstan

RT Republic of Tajikistan

RF Russian Federation

CIS Commonwealth of Independent State

MW Migrant worker

HRO Human Rights Ombudsman

AFSEP Administration of Federal Service for execution of punishmentsFMS Federal Migration Service

CA Central Asia

MRC Migration Research Center

PEA Private Employment Agency


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I. Goals and objectives of the Regional ConferenceRegional Conference of Human Rights Commissioners (Ombudsmen) of Central Asia (CA) and the

Russian Federation (RF) "Effective remedies for migrant workers legal protection: the role of

Ombudsmen in Central Asia and the Russian Federation," held in Dushanbe, Republic of Tajikistan (RT)

on 30-31 October 2012 was the result of joint efforts undertaken by several organizations committed toprotecting the rights of migrant workers. They include Human Rights Ombudsman (HRO) in RT, HRO in

Sverdlovsk Region of Russia, UN Women that implements a Regional Migration Program in Central Asia

and Russia, jointly with IOM and the World Bank through financial support rendered by the UK

Government, and Tajik non-governmental organization Human Rights Center (HRC) that implements

the project Strengthening the capacity of Tajikistan Human Rights Ombudsmen to protect the migrant

workers rights supported through Swiss Program to Promote Human Rights.

Objectives of the Regional Conference included assisting the development of specific interaction

mechanisms between the Human Rights Ombudsmen in Tajikistan, Kyrgyzstan, Kazakhstan, and various

regions of the Russian Federation to protect human rights and promote interests of migrant workers

and their family members. The Conference included both reports, and active plenary discussions and

working groups in order to develop practical cooperation mechanisms, ways to respond to violations of

migrant workers rights and to prevent violations of rights of migrant workers and their family members,

both in the countries of origin and destination.

II. Thematic discussions and outcomesThe Conference was opened by Mr. Zarif Alizoda, HRO in the RT, who highlighted the aims and

objectives of the HRO Institute, HROs priority attention towards labor migration and the desire to

cooperate with the regional HROs of Russia, Kazakhstan and Kyrgyzstan in this direction.

Mr. Alisher Yarbabaev, Head of Populations Social Welfare and Labor Department of the Executive

Office of the President of the Republic of Tajikistan delivered his speech on behalf of the Government of

the Republic of Tajikistan. He noted that, despite actions of the Tajik Government to create jobs and to

achieve some progress in this direction, efforts to increase the level of wages do not lead to high levels

of wages. In this regard, Tajikistan population prefers to leave the country for labor migration, mostly

heading to Russia.

Mr. Alexander Zuev, UN Resident Coordinator in Tajikistan addressed the

conference participants with a welcoming speech on behalf of the UN agencies

in Tajikistan. He stressed the timeliness of this Conference, the importance of

labor migration for countries, and particularly noted about protecting the rights

of women and children of migrant workers. He also drew participants attention

to the fact that female migrant workers, usually domestic workers, have an

invisible status and it is impossible to trace observance of their rights. He

attracted participants attention to the obligation of States under the UN

International Convention on the Protection of the Rights of Migrant Workers and

Members of Their Families and the Convention on the Legal Status of Migrant

Workers and their family Members in the CIS countries: In 2008, CIS adopted

the Convention on the Legal Status of Migrant Workers and Members of their

Families of the CIS countries. This is an important document that reflects

specifics of labor migration is the CIS, however needs effectiveimplementation."

Alexander Zuev, UN Resident

Coordinator in Tajikistan


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Head of the Swiss Cooperation Office in Tajikistan, Mr. Peter Mikula noted that migration is a

consequence of globalization, and the protection of human rights of migrant workers and their families

is important.

Mr. Bill Kilby, Head of the UK Department for International

Development in Tajikistan, with the support of which the Regional

Migration Program in Central Asia and Russia is being implementedfor the third year, expressed that migrant workers are an important

aspect for the Central Asian countries and the Russian Federation,

and in connection with that the UK Government has supported this

program in Central Asia and the Russian Federation to improve

protection of human rights of migrant workers and situation of their

family members. Technical support is rendered to countries for the

collection of statistics on migrant workers impact on countries'

development, promotion of human rights of migrant workers and

their family members and providing them with services. Mr. Kilby noted that such a Conference will

contribute to the development of various policies and strategies to address the problems of migrantworkers and their families.

On behalf of the Regional Migration Program in Central Asia and Russia,

implemented by IOM, UN Women and the World Bank and supported by

the UK Government, Ms. Tajma Kurt, Chief of IOM Mission in Tajikistan,

emphasized the need for the implementation of measures in the field of

labor migration using human rights approaches in order to ensure real

respect for human rights for migrant workers and their family members:

I want to emphasize today that measures in the field of labor migration

should be made to ensure that human rights have become a reality, butnot an abstract concept. I would be interested to know what measures

will be developed by participants of the Conference in this direction.

2.1 Effective legal remedies for migrant workers: overview of international standards

and national mechanisms

Moderator - Ms. Lilia Zaharieva, Human Rights Adviser to UN Country Team in Tajikistan

Three speakers delivered speech at this session: 1) Mr. Azad Taghizade, member of the UN Committee

on the Rights of Migrant Workers, 2) Mr. Anvar Babaev, Deputy Head of Migration Service under the

Government of RT, 3) Ms. Nargis Azizova, Program Specialist, UN Women Sub-Regional office for Eastern

Europe and Central Asia (EECA), Advisor to the Regional Migration Program.

In his report Mr. Azad Taghizade noted the importance of utilizing the international human rights

protection mechanisms towards migrant workers and their family members in the formulation and

implementation of policies in the field of labor migration and the need to ratify the UN Convention on

the Rights of Migrant Workers and Members of their Families (CRMWMF) by the migrants destination

countries. He noted that the HRO Institute, whose mission is to protect human rights, can lobby for theratification of the CRMWMF. In their turn, members of the UN Committee are ready to provide technical

Tajma Kurt, Chief of IOM

Mission in Tajikistan

Bill Kilby, Head of DFID Representation in

Tajikistan


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support to countries in order to explain what reports are expected

from countries. He explained provisions of CRMWMF and noted that

in addition to the Convention, other mechanisms like the

International Covenant on Civil and Political Rights (ICCPR),

International Covenant on Economic, Social and Cultural Rights

(ICESCR), Convention on the Elimination of All Forms of

Discrimination against Women (CEDAW), Convention on the Rightsof the Child (CRC), ILO Conventions 97 and 143 impose obligations

on host countries to protect the migrant workers rights. In this

connection, the HRO may already be using these international

human rights instruments and are acting within these treaties to

protect the rights of migrant workers and member of their families.

Mr. Anvar Babaev informed participants about the measures undertaken by the Tajik Government in the

field of labor migration, particularly, development of laws on external labor migration, Private

Employment Agencies (PEA), establishment of Migration Service under theGovernment of the Republic of Tajikistan in 2011, adoption of the National

External Labor Migration Strategy of the Republic of Tajikistan, cooperation

with NGOs and international organizations, establishing mechanisms of

organized recruitment of migrant workers, services for migrant worker,

better registration of migration flows. However, he noted several

problems in the field of labor migration, such as, inadequate servicing

infrastructure for migrant workers, particularly, the lack of pre-departure

training, low level and capacities of system to train professional skills of

migrant workers, the lack of foreign language learning system for migrant

workers, low awareness of migrant workers and outreach.

In her presentation concerning the situation of women's rights, violations of their rights and access to

legal remedies, Ms. Nargis Azizova noted that the regional average out of the total number of female

migrant workers experts estimate up to 30%, and out of the total number of migrants home workers,

their share is up to 80%. Women domestic workers are generally beyond statistical registration and

remain outside the policies and laws. In this connection, countries are

recommended to ratify ILO Convention 189 and review their legislation for

compliance with the Convention. In addition to the Convention, EECA

countries should comply with their obligations to protect the rights of

female migrant workers and under CEDAW framework that includes aspecial General Recommendations No. 26 on female migrants, CRC,

ICESCR, and agreements within the CIS, particularly, Convention on the

Legal Status of Migrant Workers and Members of their Family of the CIS

member states and agreements to provide health care, etc. She drew

participants attention to the fact that the CIS Convention has limitations it

does not apply to migrant workers with irregular status, including a large number of women that

contradicts with the provisions of international human rights agreements.

Moderator noted that besides the Conventions on labor migration, there is also a mechanism such as

the Special Reporter on labor migration, which also attracts the attention of the destination countries to

the fact that obligation to protect the human rights of migrant workers derives not only from the

Nargis Azizova, UN Women

Anvar Babaev, Deputy Head ofMigration Service of RT

Azad Taghizade, member of the UN Committee

on the Rights of Migrant Workers


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CRMWMF, but also from other international human rights

treaties. As a result of reports, participants raised a number

of issues in respect to legal remedies and rights of migrant

workers. One of the issues noted by participants was that the

Central Asia and Russia have a number of obligations not only

within international, but also interstate treaties, however,

their provisions are poorly implemented in practice. Publicauthorities are concerned about the violations of

immigration laws by migrant workers having irregular status;

however they do not sufficiently protect their rights.

It is necessary to pay attention to another problem, noted by

participants these are difficulties to protect the rights of migrant workers with irregular status, but not

those migrant workers, who do not have documents. Participants also noted about the presence of such

a labor migration phenomenon in Russia as the presumption of guilt of migrant workers, that is, when

migrant workers always to blame. The gap in the CIS Convention, in other words, its limited focus to

protect only migrant workers with regulated status causes that undocumented migrant workers cannotrely on the protection of their own rights in court. References were made to such examples of migrant

workers human rights violations like deportation of migrant workers due to diagnosis of HIV infection.

Deportation caused breakup of the family who remained in Russia.

The next problem, referred to by participants, was a problem of education and access of migrant

workers access to schooling. Participants noted that the public awareness level towards the problem is

only beginning to shape. In this regard, participants suggested HRO speed up this process and ensure

that children have access to education.

Participants also asked questions about the actions of UN Women to work with families: abandonedwives and children of migrant workers. In this regard, the positive practices were noted to increase the

economic status of the families, to improve their access to micro-crediting, small business development,

in order to provide women with formal employment and prevent unwanted and unprepared departure

to labor migration. However, there are problems such as the lack of registration of marriages, lack of

passports, childrens birth certificates, especially among women and girls, as they often do not see the

need to obtain documents.

2.2 Effective policies and measures to protect the migrant workers rights in the countries of

destination and origin

Moderator Mr. Mark Denisov, HRO Krasnoyarsk Region of Russia

In this session, participants were presented with practical examples of HRO

Sverdlovsk Region to protect the rights of migrant workers and members of

their families, and the work of Tajik and Russian NGOs to protection

migrant workers rights. NGOs have proposed a series of recommendations

to the HRO to work more effectively to protect the migrant workers rights.

Ms. Tatyana Merzlyakova, HRO in the Sverdlovsk Region of Russia

presented its experience of working in the field of labor migration. Shebuilt her report around the following issues: HRO activities to protect migrant workers rights in case to

decline payment of labor remuneration; HRO actions in case of complaints about the decision for

Mark Denisov, HRO Krasnoyarsk

Region, RF

Lilia Zaharieva, Human Rights Adviser to UN Country

Team in Tajikistan


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deportation; actions on complaints to issue a residence permit to family

members of citizens of the Russian Federation; problem of access of migrant

workers and their family members to health care services; HRO activities at the

regional level aimed at arranging medical insurance for all migrant workers and

their family members and benefiting from health care; participation of HRO in

specification of quotas for foreign manpower in Sverdlovsk Region and resolution

of complaints about the impossibility of employment and low quota.

Ms. Nodira Abdulloeva from NGO HRC and Mr. Andrei Yakimov, the Anti-

Discrimination Center (ADC) Memorial prepared a joint report on the strategies of Tajik and Russian

NGOs concerning the protection of the rights of migrant workers and member of their families.

Ms. Nodira Abdulloeva noted that the number of domestic legal remedies

inside the Republic of Tajikistan is not enough, yet actions in this direction are

mostly implemented by NGOs. Therefore, migrant workers trust NGOs, as they

are quicker to respond to their address and their services are more accessible.

Due to the low efficiency and poorly developed state and interstatemechanism to respond to violations of migrant workers rights, there are not

many cases of joint responses of NGOs with participation of government in

protecting the migrant workers rights. Another problem stated by N.

Abdulloeva was the absence of NGOs in all regions of Russia, where migrant

workers from Central Asia are massively concentrated, with which Tajik NGOs

could collaborate and provide legal assistance. In this situation, the role of HRO

is high in protecting the rights of migrants and members of their families.

Mr. Andrei Yakimov told about the business directions of the ADC

Memorial and approaches to protect the rights of migrant workers.Activities of ADC Memorial include research; provision of services in the

form of counseling; human rights accompaniment in case of migrant

workers rights violation; provision of legal aid in the European Court of

Human Rights; work on access to education; legal education of migrant

workers, including the use of interactive methods (through a specially

designed game); participation in advocacy activities at the international

level through the UN Committees, ODIHR; promote migrant workers to

join trade unions in Russia.

In his presentation, the following recommendations were made to both Tajik and Russian NGOs as wellas for HRO, public authorities engaged into the protection of migrant workers rights:

To establish an international mailing list of HRO in Central Asian countries, Russia and relevantNGOs on the protection of migrants' rights that allows sharing information regularly. Press secretaries of

the Ombudsmen of the Russian Federation and Central Asian countries could lead this;

To hold annual conference HRO of the Central Asian countries, and Russia with participationof NGOs on the legal protection of migrant workers and non-citizens.

It is necessary to sign an agreement / memorandum of cooperation between the HRO ofRussian regions and Federal Migration Service of the Russian Federation;

There is a need to create a separate section on the websites and report materials of HRO ofRussian regions and HRO in RT, dedicated to protecting the rights of migrants, foreigners and statelesspersons, and to highlight the working direction;

Andrei Yakimov, ADC Memorial, RF

Nodira Abdulloeva, HRC

Tatyana Merzlyakova, HRO in

Sverdlovsk Re ion


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It is necessary to create public advisory / panel of experts, or working groups at the HROOffice in the Russian Federation represented by human rights NGOs, including those working with

migrants;

HRO in RT should activate the work of the panel of experts; It is necessary to foresee monthly meetings of these panels, where HRO reports are presented

on the situation of compliance with migrants rights, and there would have been a rapid exchange of

information;

To open round the clock hotlines for migrant workers in the migrant recipient regions (SaintPetersburg, Moscow), possibly with the involvement of an interpreter;

To simplify the operation of Russian HROs as well as to simplify procedures, including allowingapplication of foreign citizens and stateless persons for assistance, regardless of migrants status

(documented / undocumented);

HRO in the Republic of Tajikistan to develop and implement Regulations to work with migrantworkers for responsible office staff. These instructions should contain the sequence of actions for the

HRO office staff, depending on the nature of the application (for example, what actions should be taken

when there is a threat to life and health of a migrant, or when there are massive violations of migrant

workers human rights, in which cases and where to refer migrants application, etc.) These instructions

are necessary because it is not exception that a change will take place with personnel responsible for

working with migrant workers.

HRO in RT to establish interaction between its public reception centers Migrant SupportCenters (MSC) as well as other NGOs working with migrant workers (particularly, reception employees

on the ground could go together to the information campaigns with population, register complaints of

citizens on departure and provide further assistance to them in dealing with problems, etc.)

In his speech, Andrei Yakimov also noted the urgent need to open the Consulate General of the Republic

of Tajikistan in St. Petersburg, because St. Petersburg is home to one of the largest Diasporas of Tajik

citizens in the Russian Federation.

2.3 Open discussion of the Human Rights Ombudsmen of the Kyrgyzstan, Tajikistan and the Russian

Federation

Discussion of presentations in session 2 was combined with an open discussion of issues raised HRO.

Mr. Alizoda noted that cooperation is already established between the HRO

institutions in the CIS region, which needs reinforcement. He also noted that

an opinion was expressed concerning the need for HROs to meet each year to

discuss labor migration issues; however the number of participants should beexpanded to include representatives of government agencies and NGOs. It

makes sense to revive and implement the idea of holding an annual meeting

of CIS HROs within the framework of CIS Inter-parliamentary Assembly.

Ms. Irina Skupova, HRO of Samara Region, noted that expert or public panels

are already established, however there is a lack of coordination at the local

community level. The need was highlighted in this regard to develop and adopt common guidelines or

procedures for rapid response mechanism of HRO, NGOs in respect to violations of migrant workers

rights in order to secure who and at what stage should act to help migrant workers. Moreover, Ms. Irina

Skupova raised a number of questions with regard to the presented experience of the HRO of SverdlovskRegion. She interested concerning HRO of Sverdlovsk Region in determining quota of foreign manpower,

Zarif Alizoda, HRO in RT


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creation of schools for migrant workers children from the RT in Sverdlovsk Region and HRO actions in

cases of deportation and expulsion as well as preparation of relevant documents.

In reaction to questions raised, Ms. Tatyana Merzlyakova, HRO of Sverdlovsk Region, explained that the

process of determining quota for foreign manpower is very transparent. In addition to HRO in the

Sverdlovsk Region, NGOs take part in the Commissions work. Quota is specified on the basis of requests

from employers, subsequently verified by the Commission. Those employers, who have already beenobserved by HRO of Sverdlovsk Region in violation of the migrant workers rights, are immediately

struck off the list.

Concerning the work on access of migrant workers children to education, the HRO of Sverdlovsk Region

encourages inclusion of children into Russian schools, as well as opening of Sunday schools, depending

on ethnicity, to learn the language and culture of the peoples. However, HRO noted that its objective is

to promote integration, and she objects to opening secondary schools for children of a certain ethnicity,

as this may result in isolation of children.

Regarding the issue of deportation, Ms. Tatyana Merzlyakova explained that preparation of documentsfor deportation is too slow and the main problem is the slow response of the Tajikistan authorities. In

this direction, general partnership is established between the HRO of Sverdlovsk Region and HRO of RT,

within the framework of which HRO in Tajikistan helps speed up the process of obtaining documents.

Mr. Anvar Babaev referred to a low degree of realizing intergovernmental agreements on labor

migration or the lack of desire of both parties to sign agreements, such as those pertaining to social

protection of migrant workers. Moreover, when signing and discussing such agreements, irregular status

of migrant workers is not usually taken into account. It is necessary to develop practical measures to

support migrant workers, including through the implementation of interstate agreements.

Ms. Tatyana Merzlyakova noted that the issue of pensions is being poorly resolved as well. Activities are

not in place to coordinate between pension funds on how to redistribute royalties of former citizens of

Tajikistan, who have become citizens of the Russian Federation and receive a pension in RF. In this

regard, it was also noted that former citizens of Tajikistan receive the lowest social pension, because

Tajik authorities do not send timely information about pension contributions.

Ms. Toktokan Borombaeva, Deputy HRO of Kyrgyz Republic (KR) said that

many problems exist with regulation of labor migration in Kyrgyzstan, since

KR is the country of host, origin and transit of migrant workers. She

explained that one of the problems is the brain drain and youth population.According to official data, 560 thousand Kyrgyz citizens work in the Russian

Federation and more than 100 thousand work in Kazakhstan. In view of

constant reforms in the public administration system, labor migration

management and regulation system is ineffective, and as a result

agreements concluded with the Russian Federation and Kazakhstan are not

implemented. HRO of KR examines statements of migrant workers and

members of their families about violation of rights taking place not only due

to the citizens and government of the Russian Federation, but also citizens of the Kyrgyz Republic in the

destination countries. Ms. Toktokan Borombaeva noticed that citizens of the Kyrgyz Republic are in

equally deplorable situation as citizens of Tajikistan. They have no access to information on migrationlegislation, living conditions in Russia and access to health care services. They do not have decent

housing in destination countries, remain unemployed for months. During recent years, the high growth

Toktokan Borombaeva, Deputy

HRO in Kyrgyz Republic


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of professional and social diseases is observed in the Kyrgyz Republic. She also noted that it is necessary

to improve not only interaction between HRO in the receiving and sending countries, but also to

strengthen international mechanisms of operation between migration services, to lobby inclusion of

migrant workers with irregular status in the inter-state agreements at the CIS level.

2.4 Discussion and results of the working groups

Discussion in working groups was organized in the following thematic sequence:

1. Identification of priority issues;2.Discussion of a role that could be played by Ombudsmen to address these issues;3.Who should be involved: interested government agencies, NGOs, etc.?4.Discussion of the operation methods (on the ground of dialogue between public authorities,

NGOs, monitoring of compliance with human rights NGOs involved in policy development, reports of

Federal Migration Service concerning violations, police, etc.)

Working Group 1: Protecting the rights of migrant workers: discussion and results

Moderator Mr. Alexander Muzykantsky, HRO Moscow.

As part of this working group, participants were presented with two

reports that formed the basis for discussion. Presentation by Ms.

Gulnara Babajanova, lawyer of the Civic Assistance Committee

highlighted problems related to protection of migrant workers rights

and experience of the Committee in terms of protecting migrant

workers rights. The second report, presented by Ms. Nurzidoy Bensgierof Interethnic Information Centre in Yekaterinburg was devoted to

aspects of awareness as a factor of migrant workers security in labor

relations. Within the framework of the working group members discussed various violations migrant

workers rights in relation to work without a contract and work permit, delays and non-payment of

wages, work without respecting the right to leisure, labor exploitation and slavery, identification of such

cases, and identification of unscrupulous employers.

General leitmotif of this group discussion was concluded that it is impossible or very difficult to protect

the rights of irregular migrant workers due to the fact that such migrant workers often lack personal

documents, no work permits, there are no labor contracts, etc. It was noted that there overwhelmingmajority of similar migrant workers in Moscow, and lawyers main work includes pre-trial and judicial

withdrawal of salaries. Another issue identified in the discussion course is not a shortage of labor

resources, but the availability of cheap migrant workers, who can be exploited.

In this regard, the working group discussed the basic question: what can be done in the Russian

Federation to promote tougher penalties for employers who use migrant workers without formalizing

paperwork. Members of the group came to the conclusion that the current system of penalties has

demonstrated its ineffectiveness. Public organizations stay on to get compensation for migrant workers,

but do not take action to bring the employers to liability. The role of HRO becomes visible in this

situation, which can, using the application from an NGO, go through all the complicated process making

unscrupulous employers accountable. In addition to holding criminally liable, it is necessary to establish

an organized recruitment system in the sending countries so as to entrust the responsibility for learning

Alexander Muzykantsky, HRO Moscow


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a language, vocational skills development and legalization of permits to the PEA public or private to

ultimately aim at legal employment of migrant workers. In case of violation of their labor rights, it will be

easier to protect migrant workers who operate legally.

The working group also discussed the facilitation mechanism for establishing a regular information

exchange from the database of Tajik citizens, whose entry to the Russian Federation is prohibited. HRO

in Moscow decided to personally address this issue in order to prevent spending of migrant workers, inrespect to whom decision is already made for deportation and prohibition of entry into the Russian

Federation. To better protect the migrant workers rights HROs in Russia can jointly work with the

national and ethnic groupings that operate in the Russian Federation; there are examples of involving

volunteers wishing to study Russian. These associations can attract donor funds for this purpose. HRO

can assist in dissemination of films and educational programs for migrant workers. It was noted that the

overall situation would have become better if overwhelming majority of migrant workers are taken out

of the shadow to the legal field. In this situation, one can solve a lot of problems, including

replenishment of the regional budget through taxes levied by migrant workers earnings, since their stay

needs expenses, such as the coverage of medical and social services. The working group participants

also noted problems like corruption, particularly in respect to allocating quota for foreign manpower.Thus, the working group participants noted that both in the countries of origin and destination,

operation of PEAs, organization of quota process, organized recruitment should be very clear and

understood by all parties involved.

Group 2: Social protection of migrant workers in the countries of origin and destination: discussion

and results

Moderator Ms. Lydia Grafova, Chairman of the Forum of

resettlement organizations

Ms. Tatyana Bozrikova presented a report about social protection of

migrant workers in sending and receiving countries. Themes like

migrant workers access social protection services, social security,

health care for migrant workers, problems of female out-bound labor

migration were discussed after report presentation.

Participants noted that, despite the fact that both the sending and receiving countries have different

interests, the role of HRO in these countries is to protect human rights. This is a unifying factor.

Main obstacles to the social protection of migrant workers in the countries of origin and destination: Imperfect legislative and regulatory

framework;

Lack of effective mechanisms for theimplementation of national and ratified

international legal instruments in the field of

social protection, including in the CIS;

Poor integration of migrant workerssocial protection issues into national, bilateral

and multilateral treaties, agreements on labor

migration; Lack of regular monitoring of compliance

with migrant workers rights in the field of social

Lydia Grafova, Chairman of the Forum of

resettlement organizations


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protection;

High proportion of migrant workers in an irregular status; Low level of legal literacy and awareness of migrant workers and others.

In this working group members presented their recommendations to HRO and international

organizations.

Recommendations to HRO:

To hold regular monitoring and evaluation of migrant workers access to social protection basedon gender-sensitive indicators uniform for the receiving and sending countries and following their

results, provision of proposals to address the problems of social protection in the government and non-

governmental agencies.

To lobby measures and recommendations aimed at improving immigration legislation andregulations, bilateral intergovernmental agreements on reforming immigration status to include migrant

workers into social and health insurance, to lobby for developing an effective system of migrant

workers social and health insurance. To consider the possibility of using a combination of compulsory

and voluntary health insurance for all migrant workers.

Full access of female women to gynecological and obstetric care both for consultation andtreatment as well as for the pregnancy and childbirth management should be granted in all insurance

schemes.

To provide easy access to health care for children of migrants on the same terms that are childrenof the host countries.

To legally secure the right of migrant workers with regular status to receive medical care to theextent necessary based on compulsory health insurance for migrants who have employment contract

concluded for a period of 1 year or more.

For migrants working with patents and contracts signed for less than a year, access to social andhealth insurance should be based on the special scheme of compulsory insurance or affordable medical

insurance schemes (possibly, such as refundable schemes, where part of money is returned to migrants,

who did not seek medical help) that also apply to non-working family members of the migrant.

Retirement benefits (including irregular migrants) it is necessary to lobby and to develop inter-state agreements regarding retirement agreement. In the country of origin to develop a mechanism for

voluntary (privileged or specialized) pension insurance for migrant workers going abroad.

Development of cooperation between the Ombudsmen of the receiving and sending countries. To conduct annual thematic meetings of HROs and relevant organizations, including elaboration of

a mechanism to track the results of these meetings.

To develop various forms of partnership with the Diaspora, public associations. We recommend establishing an expert advisory panel (with representatives of NGOs and

international organizations) on migration policy at HRO.

To establish a public reception center through NGOs. To strengthen supervision over the observance of human rights, including the rights of migrant

workers at the stage of developing international agreements.

To expand the coverage of ones own work results on migration issues in the mass media. Toregularly hold press conferences on compliance with migrant workers rights.

The following recommendations were presented to international organizations:

To recommend including a component of regional cooperation for HRO in their programs. While holding consultations, to draw attention to the inclusion of human rights component into a

new international development agenda (Millennium Development Goals (after 2015).


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Ms. Lydia Grafova, group moderator noted that presently anti-immigration policies are being actively led

in the Russian Federation. Russian NGOs did a lot to contribute to the adoption of the migration policy

concept, which explicitly recognizes that Russian Federation needs migrant workers. However, recent

actions of the Russian President are contrary to the policy, for example, measures were taken to

increase the prohibition period for entry into the Russian Federation after deportation. Many rumors,

stereotypes and misinformation are spread about migrant workers supposedly they come just to givebirth. Figure was announced that more than 90% of Russians aggressively treat migrant workers.

However, this situation is pushed through mass media and politicians. That was why the second working

group expressed an idea for HRO to work with mass media as much as possible. HRO should follow the

principle of human values globalization and remember that migrant workers are the most vulnerable

groups in the CIS space.

Group 3: Respect the rights of children and migrant workers family members in the countries of

origin and destination

Moderator - Ms. Irina Skupova, HRO of Samara Region

In this group, two reports were presented to participants concerning the

situation of children's access to education in the Russian Federation and

situation of migrant workers children abandoned in the Republic of

Tajikistan. The first paper was presented by Mr. Dmitry Poletayev, Director

of the Center for Migration Studies in the Russian Federation, based on this

Centers research results concerning the access migrant workers children to

education in the Republic of Tajikistan. The second paper was presented by

Mr. Arthur van Dizen, Deputy Representative of UNICEF Tajikistan. He

presented the results of a study conducted by UNICEF in 2011, about theimpact of migration on migrant workers children remaining in Tajikistan.

Problems of limited access of migrant workers children to pre-school education and schooling in the

Russian Federation, breakage of childrens contact with their migrant parents in Tajikistan, involvement

of children into criminal activities, antisocial behavior, access of migrant workers children to health and

social services in Russia were discussed following the report.

Working group participants noted the following problems in the sector:

30% of migrant workers children do not attend school, and access to education was declined to44% of migrant workers children due to lack of residence registration. It is formally noted that all mustlearn, however, only those children can access whose parents have registration for at least a year. The

role of HRO is high in this regards and it is necessary to correct this situation.

In addition to difficulties of access to education in the host countries, children endure difficulty inobtaining education in their own country as well.

Social rights and quality of life: 60% of migrant workers households in the country suffer fromfood insecurity, which is a lower threshold level of life. There is a big problem with getting child support

alimony from migrant workers earnings and it is necessary to legally resolve this issue with those who

do not pay alimony.

Lack of a system policy was noted in the country of origin to encourage investment aimed atreducing the flow of migrant workers. Weak system of labour migration management at the state level.

Irina Skupova, HRO in Samara

Region


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No legislative recognition of concept of family exists in Tajikistan. Thus, rights of families, wheremarriage with abandoned migrant workers wife is not registered, are not adequately protected,

including property rights.

Increase of depression is observed among migrant workers children, that is, 50% of children agedbetween 15 and 18 years see migrating perspective and necessary in the absence of parents.

There is no database on migrant workers children, where they learn and at what level. It isunclear how these issues are taken into account in case of access of migrant workers children to

education while they move. The question is how they can continue their education.

The following recommendations were presented to the working group participants:

The host country pays little attention to the positive factors, such as December 18 InternationalMigrants Day. In those days, it is necessary to carry out any campaign and positive activities on the

situation of migrant workers.

It is necessary to develop centers of leisure and culture for children of migrants. Typically, thesecenters or point of communication and entertainment are presently placed in religious centers

(mosques), which are available only to men. It is necessary to develop different forms and centers of

leisure through volunteering, for example, organizing day care at the community level and provide them

with government support that those women and children were busy.

It is necessary to actively collect qualitative information about how things work in the field ofmigration, in order to overcome social phobia about migrant workers.

It is necessary to lobby for the introduction of a simplified citizenship for children schoolgraduates and who lived in Russia for at least 3-4 years.

It is necessary to regulate the concept of family in Tajikistan legislation in order to ensureprotection of the rights of migrant workers families in the country of origin.

This working group discussed the role of HRO as well. It was noted that the NGO sector is active in

hotline operation to protect the rights of migrant workers, but the task of HRO is transition from special

cases to promotion of systematic approaches and generation of proposals for the creation of labour

migration management system and comprehensive reforms. All partners, NGOs, HROs and state should

be involved to protect the rights of migrant workers. It is important to develop clear procedures in order

to delineate the functional responsibilities and area responsibilities between NGOs, HRO and the state.

It is also necessary for HRO to combine the community of experts, in order to lobby for reform and exert

impact on the system. Different methods should be used: dialogue, monitoring of participation in

migration policy. As noted many times by members of this working group, it is necessary to create a

performance system, to develop and sign an agreement in order to develop a framework for interactionbetween HRO and NGOs working in the labour migration field.

Group 4: Integration processes and social adaptation of migrant workers and member of their families

Moderator - Ms. Tatyana Merzlyakova, HRO of Sverdlovsk Region

The working group participants were presented with the report of Ms. Nargis Azizova regarding the

experience of Regional Migration Programme to assist in developing strategies for social integration of

migrant workers and member of their families in Moscow and St. Petersburg, and a presentation by Ms.

Shakhnoza Khasanova from NGO Sana Sezim about the problems of female migration in Kazakhstan inan example of South-Kazakhstan region. As a result of reports, the working group participants discussed

the issue of migrant workers access to social services, knowledge of state language in the destination


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countries, the role mass media plays in creating the migrant workers

image and restrictions of the rights of migrant workers and member of

their families in terms of freedom to choose their residence. Interesting

discussions took place in respect to experiences and approaches of

working with national-cultural centers in migrants destination countries,

organizations representing migrant workers, about the actual approach

regarding implementation of human rights principles in the work heldwith migrants. Importance of measures to prevent creation of ethnic and

other enclaves in the migrant-recipient regions has been emphasized as a

barrier towards effective integration of migrants and members of their

families in the host society.

This working group noted about the presence of the following problems:

Lack of harmonized concepts of integration and social adaptation in the country of origin anddestination.

Significant gender differences with respect to the needs to regulate integration and socialadaptation processes.

Tendency to create enclaves in the host countries, mono-ethnic communities and schools. Lack of systematic work on legal education for migrant workers. Lack of systematic efforts to educate another way of life in the host countries, respect traditions

and culture of people in the host country.

A more active role for NGOs to protect the rights and integration of migrant workers and relativelylower activity of HROs and municipal authorities.

Lack of coordination of HRO, NGOs and government institutions.The working group developed the following recommendations based on the results of discussions

and presentations:

Personal interest of HRO in solving problems of integration and social adaptation can play a bigrole in resolving many problems at the regional level, since HRO has key role in mediating between the

government and society.

Work of HRO concerning citizens application allows HRO playing the role of a system analyst tofigure out what does not suit migrant workers and why they appeal.

HRO must visit places of compact residence of migrant workers and their place of work, where weare in the first place should be interested in how to comply with workers' rights, stipulated by the Labor

Code, which applies to all, regardless of citizenship.

To develop a systematic approach towards legal education of migrant workers, so they know theirrights, not only in the area of immigration law, but also their rights in society.

To enhance interagency coordination between the HROs, government agencies and NGOs not onlyon the issue of quota for foreign manpower, but also for the protection of labor rights, social integration

and adaptation.

Different HROs have their own experience of working with Diaspora, for example, there is apositive experience in Krasnoyarsk, HRO in Sverdlovsk Region does not cooperate with Diaspora at all, as

it is harmful for migrant workers to focus only on communication within their Diasporas.

Not to encourage formation of enclave associations of migrant workers from one country, topromote their integration into Russian society, study in school together with Russian children.

To encourage establishment of inter-ethnic schools, so that children adapt to a new country. To encourage initiatives such as in Moscow free-of-charge visits of migrant workers to museums

for migrant workers to realize that Russian society is ready to accept them with their features, culture,

Tanyana Merzlyakova, HRO in

Sverdlovsk Region


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language and music, but they have to respect the host culture, language and way of Russian society as

well.

Problem of social integration and adaptation of migrant workers is a new problem to be studiedmore in-depth and develop new methods of solution.

2.5 General summarization of the working groups results

After presenting the results of all the working groups, participants actively discussed the results and

offered new recommendations. Mr. Azad Taghizade noted the role of HRO in the host countries to

promote the ratification of CRMWMF, as it imposes obligations on the government to solve all of the

problems mentioned during the Conference and in the format of working groups. HRO should work with

such obstacles as policy, atmosphere, created by the media with respect to migrant workers, reluctance

to deal with gray economy. He noted a special role of HRO to work with the media in order to prevent

publication and discussion ultimately leading to incitement of ethnic hatred.

Ms. Tatyana Bozrikova emphasized the role of HRO to introduce a mechanism of voluntary accreditationof intermediary organizations, such as the Diaspora, PEA, in order to assess their transparency,

willingness to cooperate and assist migrant workers.

Yakimov noted that terms such as adaptation and integration was very vague, he also said that it has no

meaning to limit their activities only to cultural integration and adaptation. Migrant workers should not

be viewed as a group, but as a person who has rights, and integrate it into the social and legal

environment of the Russian Federation.

Mr. Victor Sebelev, representative of the Russian Federal Migration Service in the Republic of Tajikistan,

disagreed with some of the conclusions and recommendations of the working groups. He noted thatcommunication exists between the Republic of Tajikistan and the Russian Federation on a quarterly

basis regarding persons whose entrance to the Russian Federation is banned for committing violations

of immigration laws. At the Dushanbe airport every citizen of the Republic of Tajikistan may find

information about whether s/he is allowed or prohibited to enter the Russian Federation. In reaction to

this HRO noted that FMS database is not complete, as it includes only persons who have committed

offenses in the field of migration, while other Russian Federation agencies have their list of individuals

citizens of the Republic of Tajikistan, for whom entry to the Russian Federation is prohibited due to

violations of other laws of the Russian Federation. Mr. V.V. Sebelev noted that it is a myth that a large

number of migrant workers have irregular status, as nearly 73% of residing foreign citizens obtained

legal status from the Russian FMS. HRO of the Russian Federation objected that migrant workers statuscannot be regular, because quotas for foreign manpower are much lower as compared to numbers

expressed by the Russian FMS. Mr. V.V. Sebelev informed the Conference participants that a draft

agreement on organized recruitment is being developed between the Russian FMS and Tajikistan

Migration Service that provides for the establishment of pre-departure training center to teach the

language to migrant workers, to conclude contracts in Tajikistan and thus to prevent violations of their

rights . HRO Russia expressed a desire to see the text of the Agreement.


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2.6 Prospects for cooperation of Ombudsmen in Central Asia and the Russian Federation with NGOs

involved into protecting the rights of migrant workers and members of their families

Discussion of the results of the working groups continued in an open discussion dedicated to

cooperation between the HRO and NGOs, the moderator of which was Ms. Toktokan Borombaeva,

Deputy HRO of Kyrgyz Republic.

As part of this discussion, Mr. Anvar Babaev tried to answer some of the questions raised by Conference

participants. He noted that actions of the Government of the Republic of Tajikistan is currently limited to

obtaining access not only to the FMS database, but also to the database of the Federal Security Service

(FSS) to ensure that all citizens of the Republic of Tajikistan, who want to move to Russia, had

information about their own status. He also agreed with the conclusion of participants that after the

1990s, the Republic of Tajikistan lost its achievements in the field of education and Tajikistan is unable

to independently fill in the gap to improve vocational education. Therefore, possibility of training Tajik

migrant workers based on Russian vocational schools is presently being discussed.

Moreover, Mr. Anvar Babaev informed Conference participants that Migration Service is currently

developing an organized recruitment system for migrant workers to work in Russia, using the experience

of the Philippines. Conference participants noted that only 1% of migrant workers make use of

organized recruitment, therefore, promotion of this model, especially the experience of the Philippines,

is inappropriate.

Participants noted that in order to solve migrant workers problems, HRO should assist in deciding

whether to open a consulate of the Republic of Tajikistan in St. Petersburg, where the biggest quota for

foreign manpower is repeatedly allocated for the recent 2 years.

Participants also suggested that based on this meetings results HRO in RT has to organize a meeting

with the President of the Republic of Tajikistan and report him about the migrant workers situation and

convince him that migrant-receiving countries migrant workers really need to protect their rights.

Conference participants had the impression that state structures of the Republic of Tajikistan are not

fully concerned about the destiny of their citizens and violation of their rights, their involvement into

slavery and labor exploitation.

Conference participants repeatedly stressed the need for action by the Government of the Republic of

Tajikistan concerning the countrys economic development and investment promotion in Tajikistan inorder to reduce labor migration, encourage Tajikistan citizens to study Russian language, increase their

motivation to protect their lives, learn their rights, and immigration laws of the Russian Federation.

Russian NGOs have expressed concern about the very low state protection of migrant workers rights in

the countries of destination and low interest of the state to create structure in Tajikistan, involved into

protection of its citizens rights, low involvement of the state to increase legal literacy of migrant

workers, learning Internet, that will allow migrant workers to independently look for employment, and

verify employers.

IOM Tajikistan raised an issue of a lack of interest of the Tajik national TV/radio channels to work at nocost to disseminate information on labor migration, migrant workers rights, reels and television


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programs. HRO in RT should help to address this issue, taking into account the importance of informing

migrant workers.

Mr. Babaev, MS representative expressed agreement with these shortcomings. He noted that the focus

of Government action is to provide services of migrant workers, however there are issues in interagency

coordination. Presently, there is no cooperation in place with border services. MS is not available in all

regions of Tajikistan, so about 70% of migrant workers remain out of their coverage. MS and HRO canjointly deliver information to the level of the Government of the Republic of Tajikistan, including

financial allocation for the realization of programs by MS.

Ambassador of Kazakhstan to the Republic of Tajikistan, as well as other participants emphasized that

Tajikistan needs to strengthen its activities to improve the countrys economy and reduce the flow of

labor migration. He also noted the need to understand the situation in the receiving countries as well,

because they spend their budget resources to ensure migrant workers rights for access to health, social

services and education, because many migrant workers do not pay taxes in the receiving countries.

Mr. Zarif Alizoda supported the conclusion of NGOs of the Russian Federation in terms of the fact thatfor some government agencies in Tajikistan labor migration issue is not paramount, since labor

migration and its impact is not seriously conceived.

Ms. Toktokan Borombaeva, Deputy HRO in Kyrgyzstan, has summed up the discussions and noted the

importance of working together to solve problems and engage HRO, NGOs and government agencies.

She also noted that citizens should not be limited in the choice of the method of labor migration, that is,

through an organized recruitment or independently. For HRO in this situation it is important that they

ensure protection of migrant workers rights in all labor migration alternatives. Moderator noted that

HRO cannot deal with all the issues that were discussed at the Conference. However, HRO possesses

such mechanisms as working with applications, submission of reports about its activities, monitoringand analysis of human rights by all institutions and agencies, regardless of their form of ownership,

which can be effectively used in the field of labor migration as well. She stressed that HROs role is to

help coordinate the efforts of government agencies that poorly regulate labor migration in all countries.

HRO can mobilize all the agencies and institutions, such as schools, local self-governance authorities,

education in ones country of origin, since migrant workers problems begin at home.

2.7 Discussion and adoption of participants Joint Conference Statement

As a documented outcome of the Conference results, participants developed and adopted a Joint

statement that included the intention of the Conference to continue holding dialogue on migrantworkers rights, taking into account the overall context and established membership and contact in the

CIS, shared values of respect and observance of human rights. In the Joint statement the Conference

participants pointed out a number of joint actions and intentions to cooperate with each other,

government agencies and international organizations to address issues discussed during the conference.

Text of the Joint Declaration is attached as Annex 1.

Conference participants decided to hold the next conference in Yekaterinburg of the Russian Federation.

At the next Conference, in has been agreed to initiate discussions with summarizing implementation of

agreements set out in the joint statement and to discuss other issues in the area of labor migration,

including a more active involvement of the experts community.


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III. Conclusions and final recommendationsRegional Conference demonstrated the willingness and the high level of interest expressed by invited

HROs from the Russian Federation and Kyrgyz Republic, NGOs from Russia and Kazakhstan to work

jointly to resolve labor migration problems and establish cooperation with Tajikistan. Similar dialogues

between the two countries to discuss labor migration issues allow finding out more information at the

first hand, to jointly analyze the causes and consequences of human rights violations in migration

processes and to develop practical measures to prevent them. As noted, for example, by Mr.

Muzykantsky, HRO Moscow, he did not fully understand many of the labor migration problems and

dynamics of migration until he came to Tajikistan to participate in the Conference. All HRO from Russian

Federation expressed a desire that after the Conference they will include labor migration and protection

of migrant workers rights into their priorities.

All Russian HROs agreed with the recommendation of the UN Committee member to promote the

Russian Federation to ratify the UN Convention on the Rights of Migrant Workers and Members of their

Families. This dialogue has also been useful for the HRO operating inside the Russian Federation, as they

familiarized themselves with the models of working in each labor migration areas. For example, the

model of HRO in Sverdlovsk Region that showed positive results was not known for other HROs of the

regions and cities attending the Conference. Of course, similar dialogue should continue to more

actively support and engage authorities of the countries of destination and origin, NGOs and

international organizations.

In this regard, meeting participants suggested the following recommendations:

To continue dialogue between HRO of the Russian Federation, Republic of Tajikistan, Republic ofKyrgyzstan and to achieve Kazakhstans involvement into these discussions;

Since it was the first ever experience of discussing the labor migration problems, many questionswere included into topic areas to be discussed by the Conference. In the next phases, it is suggested to

limit the number of topics to be discussed in order to look more closely and thematically at the existing

problems and obstacles.

To develop a mechanism for the implementation of agreements reached within the framework ofthe Conference;

To support the proposal for developing a mechanism (agreement) of interaction between NGOs ofTajikistan, Russia, Kyrgyzstan, HRO of Tajikistan, Russia, Kyrgyzstan, and with a clear distribution of

powers to protect migrant workers rights among NGOs, HRO and states;

To support the HRO in Tajikistan for developing a report or information to the Presidentconcerning labor migration issues;

To support conducting large-scale events on labor migration in Tajikistan with participation of theRussian Federation, Kyrgyzstan, Tajikistan and Kazakhstan, as it creates a resonance in a country where

issues of labor migration, its impact on the economy and country life is weakly discussed.


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Annexes

Annex 1

Joint statement

from the Regional Conference of Ombudsmen of Central Asia and the Russian Federation Effective

legal remedies for migrant workers and members of their families: the role of Ombudsmen of Central

Asia and the Russian Federation, 30-31 October 2012

We, participants of the Regional Conference of Ombudsmen of Central Asia and the Russian

Federation heads of the national human rights institutions in Moscow, St. Petersburg, Sverdlovsk

Region, Samara Region, Krasnoyarsk Region of the Russian Federation, Tajikistan and the Kyrgyz

Republic, representatives of government agencies and non-governmental organizations in Kazakhstan,

Kyrgyzstan, Russia and Tajikistan:

- Bearing in mind provisions of the International Bill of Human Rights and other universally

recognized international instruments in the field of human rights;

- Reaffirming a common understanding for the need of globalization of human values, and to

guarantee public rights and freedoms of all citizens, including migrant workers and members of their

families, their observance and respect by public authorities of both sending and receiving countries;

- Based on traditional friendly relations existing between our countries, as well as intentions to

further economic integration between the CIS countries;

- Considering the interest in joint resolution of the existing problems in the field of human rights

and freedoms of migrant workers and members of their families;

- Striving for mutual cooperation for the benefit of migrant workers and members of their families

based on human rights and freedoms and rule of law;

- Being involved in harmonizing the interests of migrant workers and citizens of the host countries;

- Taking into account the outcome of discussions at the Regional Conference in Dushanbe, declare:

1. Aimed at protecting and promoting the rights and freedoms of migrant workers, within their

jurisdiction, participants of the Regional Conference will:

Promote ratification of the United Nations International Convention on the Protection of theRights of All Migrant Workers and Members of Their Families;

Strengthen practical cooperation to ensure access of migrant workers and members of theirfamilies to an effective legal protection;

Promote respect for and protection of migrant workers and members of their families bygovernment officials at all levels of government of both sending and receiving countries in the region,since their rights are guaranteed through national and international regulations in the field of human

rights;

Jointly implement activities to provide legal assistance to migrant workers and members of theirfamilies;

Work together to promote legal awareness on the rights and freedoms of migrant workers andmembers of their families themselves and population as a whole, while working to create the image of

migrants, working with media and migration policy;

Examine situation with observance of human rights of migrant workers and members of theirfamilies, who are in penitentiary institutions, homeless placement centers in the host countries, through

regular monitoring of these institutions in joint cooperation with NGOs and respond to violations oftheir rights;


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Exchange information about the state migration policy in their countries and assist in itsapplication by the authorities of sending and receiving countries aimed at provision, compliance with

and restoration of rights and freedoms of migrant workers and members of their families;

Conduct regular dialogue with relevant public and intergovernmental agencies to ensureinternational standards and norms of human rights of migrant workers and members of their families

while developing, analyzing and assessing documents that govern labor migration issues;

Monitor the operation of private employment agencies in sending countries, private employmentagencies and employers of the host countries in order to prevent labor exploitation of migrant workers;

Deal with facts of discrimination and xenophobia against migrant workers and members of theirfamilies in the host countries through information campaigns, interaction with the media, advocacy to

develop intercultural and interethnic dialogue;

Pay special attention to the development of policies and effective mechanisms to protect therights of migrant workers with a gender perspective and ensure that the rights of women and migrant

workers families, particularly, migrant workers children, when undertaking routine work to protect the

rights of migrant workers and member of their families;

Together with relevant government agencies undertake regular monitoring of access of migrantworkers children to schooling on the same terms that are children of migrants destination country,

regardless of the migrant workers status;

Draw the attention of government structures into inadmissibility of discrimination cases in termsof right to education for children of seasonal migrant workers;

Assist in ensuring smooth equal access of children of migrant workers to health care on the sameterms enjoyed by children of the host countries;

Promote equal access of migrant workers and members of their families to free health care withinthe guaranteed minimum package of health services;

Facilitate legal consolidation of regular migrant workers rights to receive medical aid to the extentnecessary based on compulsory medical insurance for migrant workers, with whom labor contract is

concluded for the period of one year or more, including female migrant workers to benefit from free

gynecological and obstetric care;

Lobby for the development of an effective system of social and health insurance of migrantworkers with the possibility of a combination of compulsory and voluntary health insurance for all

categories of migrant workers;

Lobby for the application of measures and make recommendations to improve immigration lawsand regulations, bilateral international agreements in order to minimize the risks of irregular migration;

Lobby and make recommendations to interstate agreements regarding pension arrangements,including in the country of origin to facilitate the development of a mechanism for voluntary (privileged

or specialized) pension insurance for migrant workers going abroad;

Promote the development of family reunification programs, paying particular attention to thefamilies of migrant workers, particularly, women and children, bearing in mind the existing international

best practices;

Facilitate towards taking necessary enforcement action against parents who use child labor, andthe use of children for begging, regardless of their nationality;

Implement the above activities in an active partnership with civil society organizations working toprotect the rights of migrant workers and members of their families aimed at reducing social tensions by

seeking measures to prevent critical situations related to labor migration in both sending and receiving

countries;

Exchange statistical and reference materials, regulations, methodical guidelines in the sphere oflabor migration that present mutual interest;


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Annually and jointly prepare and publish analytical materials concerning joint efforts to protectthe rights of migrant workers and members of their families;

Contribute to the expansion of information and educational programs for migrant workers andmembers of their families through the state media, including TV and radio, on a regular basis and free-

of-charge;

Expand coverage of ones performance on migration issues through the media, hold regular pressconferences pertaining to compliance with migrant workers rights, and consider the possibility of

creating a separate section for Human Rights Ombudsman on TV, especially in the countries of origin;

Conduct dialogue with government and intergovernmental agencies to promote economic andsocial development of countries of origin in order to reduce mass migration that causes the risk of

human potential loss;

Draw the attention of governmental and international agencies to existing negative social aspectsof labor migration in the countries of origin and host, such as the growth of stateless persons,

destruction of family institution, child rights violations in separating families;

Develop and establish practical mechanisms for the joint response of Ombudsman and NGOs toviolations of the rights of migrant workers and members of their families at all stages of migration;

Contribute to the implementation of measures for social integration, following the human rightsapproach in order to ensure involvement of migrant workers into the social and legal environment in

the host country;

Prevent and suppress attempts to create ethnicity-based enclaves aimed at real integration ofmigrants and members of their families into the society of destination country;

Establish an expert advisory board (with representatives of NGOs, international organizations) onmigration policy under the Human Rights Ombudsman;

Strengthen supervision over observance of human rights, including the rights of migrant workersat the development stage of interstate agreements;

Conduct annual thematic meetings of HRO together with NGOs as well as organizationsrepresenting workers interests, and develop tracking mechanisms to follow results of decisions made at

these meetings;

Within the framework of HROs cooperation with international organizations recommend toinclude a component of HRO regional cooperation in the labor migration program of international

organizations (UN) and access to justice;

While holding consultations to develop a new international development agenda (MillenniumDevelopment Goals (after 2015) pay attention to the integration of objectives and targets for effective

regulation of migration processes from the human rights viewpoint.

2. We express our sincere gratitude to the UN Women Sub-regional Office for Eastern Europe and

Central Asia, the UK Government and the Swiss Cooperation Office for hosting the Regional Conference

in Dushanbe.

3. We express our deep appreciation to the Government of the Republic of Tajikistan and the Human

Rights Ombudsman in the Republic of Tajikistan for the warm welcome and hospitality.

4. In order to enhance coordination and cooperation for the promotion of human rights and freedoms at

the regional level, it is necessary to hold Regional Conference of Ombudsmen annually.

6. The next Regional Conference of Ombudsmen will be held in April-May, 2013 in Yekaterinburg,

Russian Federation, to discuss issues of legalization, expulsion and deportation of migrant workers,monitoring of forced detention facilities, detention centers and prisons, to identify vulnerable groups of


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migrant workers in the destination countries, to define risks and vulnerabilities of these countries due to

irregular migration.

Dushanbe, Republic of Tajikistan

31 October 2012


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Annex 2

Programme for the regional conference

30 October 2012

8.30-9.00 Registration of participants

9.00-09.30 Opening of the Regional conference:

Mr. Alizoda, Human Rights Ombudsman of Tajikistan.

Mr. Zuev, UN Resident Coordinator in Tajikistan.

Mr. Mikula, Country Director of the Swiss Cooperation office in Tajikistan.

Mr. William Kilby, Head of DFID office in Tajikistan.

Mr. Tajma Kurt, Director of IOM in Tajikistan.

09.30 10.30 Session 1. Effective legal remedies for migrant workers: overview of international

standards.

Moderator: Ms. Zaharieva, HR Adviser to UNCT.

1. Overview of international obligations of sending and recipient countrieson protection of rights of migrant workers and members of their families,

Member of the UN Committee on Migrant Workers.

2. Problems related to protection of rights of Tajik migrant workers andways of their solution, Mr. Devonaev, Head of Migration Service under the

Government of the Republic of Tajikistan.

3. Rights of female migrant workers general situation, violation ofwomens rights and their access to legal remedies, Ms. Azizova,

Programme Specialist, UN Women.

10.30 11.00 Questions, discussion

11.00-11.15 Coffee-break

11.15 11.50 Session 2. Effective strategies and measures on protection of rights of migrant

workers in countries of destination and countries of origin.

Moderator: Mr. Denisov, Ombudsman of Krasnoyarsk region, Russia.

1. Strategies and measures aimed at protection of rights of migrant workersusing experience of Ombudsman of Sverdlovsk region, Ms. Merzlyakova,

Ombudsman of Sverdlovsk region.

2. Cooperation between NGOs of Tajikistan and NGOs of Russian Federationto ensure protection of rights of migrant workers,joint presentation of Ms.

Abdulloeva, Human Rights Centre in Tajikistan and Mr. Yakimov, Anti-discrimination centre Memorial in Russia.


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11.50-12.00 Questions, discussion

12.00 13.00 Open discussion of Ombudsmen of Russia, Kazakhstan and Tajikistan.

Moderator: Mr. Alizoda, Human Rights Ombudsman of the Republic of Tajikistan.

13.00 14.00 Lunch

14.00 15.30 Session 3. Discussion of possible solutions to legal problems of migrant workers

from perspective of role of Ombudsmen.

Discussion in the groups on the following issues:

1. Labour rights of migrant workers: Speaker: Ms. Bobodjanova and Ms.Bensgier, Moderator: Mr. Muzikantski.

2. Social protection of migrant workers in countries of origin and destination: Speaker Ms. Bozrikova, Moderator: Ms. Grafova.

3. Respect of rights of children and members of families of migrant workers:Speaker: representative of UNICEF, Moderator: Ms. Skupova.

4. Integration and social adaptation of migrant workers and members of theirfamilies: Speaker: Ms. Azizova, Moderator: Ms. Merzlyakova.

Questions for discussion in groups:

Which role Ombudsmen can play to solve revealed problems in each of thesectors?

Who shall be involved: respective public bodies, NGOs or other? Development of strategies on joint response to violations of rights of

migrant-workers by Ombudsmen of Russia, Kazakhstan, Kyrgyzstan and

Tajikistan in the areas specified above.

15.30 15.45 Coffee-break

15.45 17.00 Continuation of discussion in group work

17.15 18.15 Meeting of Ombudsmen of Russia and Central Asia with the Director of the Drug

Control Agency under the President of Tajikistan.

19.00 Reception by the Government of Switzerland in the restaurant of the Hotel Asia

Grand Hotel.

31 October 2012

09.00-09.10 Opening of the second day of the Conference, wrap-up of day 1.

Mr. Alizoda, Human Rights Ombudsman of the Republic of Tajikistan.

09.10-09.25 Welcome address by Mr. Stephan Nellen, Swiss Ambassador to Kazakhstan and


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Tajikistan.

09.25 11.30 Plenary discussion of the results of the discussions in the groups: discussion of

recommendation and adoption of general recommendations under each thematic

area.

Moderator: Ms. Dvoracek, Human Rights Adviser of Switzerland in Tajikistan

11.30-11.45 Coffee-break

11.45 13.30 Open discussion: cooperation between Ombudsmen of Central Asia and Russian

Federation and NGOs on protection of rights of migrant workers

Moderator: Ms. Borombaeva, Deputy Ombudsman of the Republic of Kyrgyzstan

13.30 14.30 Lunch

14.30 15:30 Presentation of Dushanbe Declaration on results of the conference, its discussion

and adoption.

15:30 16:30 Press-conference

16:30 16: 45 Follow-up activities and closure of the conference by Mr. Alizoda, Human Rights

Ombudsman of the Republic of Tajikistan and Ms. Mezlyakova, Human Rights

Ombudsman of the Sverdlovsk Oblast of Russian Federation.


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Annex 3

Brief about Ombudsmen participated in the regional conference

Republic of Tajikistan

Mr. Zarif Alizoda, Commissioner for Human Rights in the Republic of

Tajikistan.

PhD in Law. Since 1990 Z. Alizoda held various positions in public service, such

as an advisor, chief specialist of committee of the Supreme Council of the

Republic of Tajikistan on constitutional law, legislation and human rights, the

Chairman of Tajikistan Constitutional Supervision Committee, a member of the

National Reconciliation Commission, a deputy, chairman of the committee on

Constitutional Law, Legislation and Human Rights within MajlisiOli of the

Republic of Tajikistan (lower chamber of Parliament), the head of the Office of

Public Service under the President of Tajikistan. From 2003 to 2006 Z. Alizodawas Chairman of the Constitutional Court of the Republic of Tajikistan. Prior to

holding a position of the Human Rights Ombudsman, Z. Alizoda held an office of

the State Advisor to the President on legal policy and was the President's

authorized representative in the Parliament of the Republic of Tajikistan. Z.

Alizoda has State awards, is engaged in research activities. In 2009 Z. Alizoda

was appointed as the Commissioner for Human Rights in the Republic of

Tajikistan.

Republic of Kyrgyzstan

Ms. Toktokan Borombaeva, Deputy Akyikatchy (Ombudsman) of the KyrgyzRepublic

Toktokan Zholuevna is a State Advisor of the Kyrgyz Republic of the II Grade, a

board member of Ayalzat - the Center for Women's Initiatives of Osh,

Association in support of crisis centers, women's fund business initiatives. T.

Borombaeva is the founder of the Republican unified political party "Elmuras"

and a member of the National Council under the President of the Kyrgyz

Republic to combat human trafficking. She has initiated a series of laws,

including laws on gender equality and the fight against human trafficking. T.

Borombaeva has different rewards.

The Russian Federation

Ms. Tatyana Merzlyakova, Commissioner for Human Rights in Sverdlovsk

region

Since 2001Tatyana Merzlyakova holds a position of a secretary to the regional

public organization "Sverdlovsk Creative Union of Journalists" and was elected

as a delegate to the XXVIIIth

Congress of the CPSU, VI Congress of Journalists of

the Soviet Union. Tatyana Merzlyakova was elected as a deputy to Rzhevsk City

Council of Peoples Deputies and since 1996 is a Deputy of the regional Duma of

Sverdlovsk region, deputy chairman of the committee on social policy. In 2000,


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she has become an advisor to the Governor of the Government of the

Sverdlovsk region on social issues. In addition to it she is a member of the

Women's Commission under the Chairman of the Council of Federation of the

Federal Assembly of the Russian Federation, member of the Presidium of the

Commission on equal rights and opportunities under the Chairman of the

Federation Council, a member of the Board on Public Safety of Sverdlovskregion, a member of the Interagency Council of Sverdlovsk region on migration

and since 2010 she is a member of the coordination board on law and order in

Sverdlovsk region. In 2002 she was elected to the European Ombudsman

institution, in 2006 for the fourth time she was elected a Member of its Board

from Russia. Since 2010 Tatyana Merzlyakova is a Chairperson of the

Commission of Pardons established in Sverdlovsk region. Ms. Merzlyakova is

awarded with a medal "For Services to the Fatherland of the II degree,"

memorable symbol "300 Years of the Russian press," and "In Memory of the

200th Anniversary of the Ministry of Justice of Russia", medal of the Union of

Journalists of Russia "Honour, Dignity, Professionalism ", the Order of St.

Princess Olga 2nd and 3rd degrees. Since 2001, after her first election to the

office of the Commissioner for Human Rights of the Sverdlovsk region,

Merzlyakova Tatyana was re-elected to this position twice, i

Regional Conference of Ombudsmen

Documents

Transcript of Regional Conference of Ombudsmen