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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of January 31, 2006 No. 61

About approval of the Program of external labor migration of citizens of the Republic of Tajikistan for 2006-2010

For the purpose of creation of system of state regulation of process of external labor migration of the Republic of Tajikistan, the Government of the Republic of Tajikistan decides:

1. Approve the Program of external labor migration of citizens of the Republic of Tajikistan for 2006-2010 it (is applied).

2. To chairmen of the Gorno-Badakhshan Autonomous Region, areas, cities and areas, the ministries and departments every year taking into account the available opportunities to provide necessary money for accomplishment of the actions provided in the Program.

3. To chairmen of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas, to the ministries and departments to provide accomplishment of the actions provided by the Program of external labor migration of citizens of the Republic of Tajikistan for 2006-2010 and following the results of every half-year to provide information on the done work to the Ministry of Labour and Social Protection of the population of the Republic of Tajikistan.

4. To provide to the Ministry of Labour and Social Protection of the population of the Republic of Tajikistan bringing the specified Program to contractors and every half-year to inform the Government of the Republic of Tajikistan on results of its accomplishment.

 

Prime Minister

Republic of Tajikistan E.Rakhmonov

Approved by the order of the Government of the Republic Tadzhikista of January 31, 2006 No. 61

The program of external labor migration of citizens of the Republic of Tajikistan for 2006-2010

 

Main directions, purposes and tasks of the Program

The state program of external labor migration of citizens of the Republic of Tajikistan for 2006-2010 is developed according to the Law of the Republic of Tajikistan "About migration", the order of the Government of the Republic of Tajikistan of August 1, 2005 No. 263 "About results of social and economic development of the Republic of Tajikistan in the first half of the year 2005 and tasks on the second half of the year", and also other operating regulatory legal acts.

The labor migration abroad is caused by need, first of all for the purpose of mitigation of social climate, the caused not employment of economically active population. In view of lack of legal sources of increase in the income and real economic conditions for increase in living standards of the population by employment within the republic, export of labor power abroad is important factor in the solution of this task.

Main objective of state policy in the field of labor migration abroad is social legal protection of the citizens of the Republic of Tajikistan who are temporarily working abroad, regulation of migration flows, prevention of illegal migration and approval of legality of migratory processes.

The program of external labor migration of citizens of the Republic of Tajikistan for 2006-2010 (further - the Program) will promote creation of effective system of social protection of citizens in the way:

- provisions of wide range of social legal protection temporarily working abroad, as well as in the republic;

- ensuring system regulation of migration flows, reducings amounts of non-regulated migration;

- development of the state guarantee in creation and providing the full order by the received currency means, including the money allocated to the Republic of Tajikistan;

- increases in professional and cultural level of labor migrants by studying of the new equipment and technologies;

- development of the external labor migration promoting growth of amount of cash savings of migrant workers and increase in investment resources of the Republic of Tajikistan.

 

Principles of providing Program

The principles of providing the Program are:

- respect and providing fundamental standards in the field of the human rights provided by the Constitution of the Republic of Tajikistan and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan;

- assistance to providing the rights and opportunities for labor migrants of access to legal, social and medical protection according to the legislation of the Republic of Tajikistan and the state of employment;

- constructive implementation of rights to liberty of movement and social protection;

- respect for the principle of employment in case of realization of process of labor migration taking into account the international obligations of the Republic of Tajikistan.

 

Condition of labor migration in the Republic of Tajikistan

The government of the Republic of Tajikistan pays special attention in recent years to questions of labor migration which solution is one of the most urgent in domestic and foreign policy of the state.

For this purpose the Government of the Republic of Tajikistan in recent years accepts number of regulatory legal acts which give the chance to solve the available problems in this sphere, and also to predict and regulate processes of labor migration abroad.

State policy of the Republic of Tajikistan in the field of labor migration abroad shall be aimed at prevention of growth of illegal migration on the basis of forming of the legal basis and economic mechanisms of migratory processes, creation together with host countries of system of labor migration, attraction in fight against illegal migration local executive bodies of the government and the public by means of mass media.

The policy of labor migration abroad shall be directed to considerable expansion of business connections of Tajikistan with the Russian Federation, as with the main region of regulated migration flows especially as historically developed productive and economic communications in the past, knowledge of the majority of the population of the republic of Russian, are powerful prerequisite of development of labor migration in this direction,

October 16, 2004 between the Government of the Republic of Tajikistan and the Government of the Russian Federation the Agreement on labor activity and legal protection of citizens of the Republic of Tajikistan in the Russian Federation and citizens of the Russian Federation in the Republic of Tajikistan was signed that will promote considerable strengthening of economic development of both states and will be guarantor of legal labor activity of citizens of one state in another.

The public migratory service under the Ministry of Labour and Social Protection of the population of the Republic of Tajikistan according to the order of the President of the Republic of Tajikistan at final meeting on summing up 2004 which took place on January 29, 2005 for the purpose of creation of databank about the happening migratory processes, quarterly through the structural divisions and local executive bodies of the government sums up the results by the number of the citizens of the Republic of Tajikistan who are temporarily abroad as labor migrants. Also, for the purpose of justification of accounting of migratory processes, the processed migratory cards and the provided data of representative office of the Ministry of Labour are considered and social the populations of the Republic of Tajikistan in the Russian Federation in this connection specific real figures of labor migration of citizens of the Republic of Tajikistan come to light are sewn up.

As a result of household poll and calculation of cards of migration registration for the last 3 years it is determined that in 2003 outside our republic were busy with labor activity of only 347 556 citizens of the Republic of Tajikistan. From them in the Russian Federation - the 336th 754, Kyrgyzstan - 4 870. Kazakhstan - the 2nd 382, to Ukraine - 630, in other countries of the Commonwealth of Independent States - 2448 and 472 people in the territory of the states of foreign countries.

In 2003 in the territory of foreign countries were busy with labor activity from GBAO - the 15th 139, Khatlon Region - the 106th 891, Sughd area - the 115th 729, the city of Dushanbe - 17 927 citizens and 91 876 persons from areas of republican subordination.

Following the results of 2004 it is determined that during the specified period outside the Republic of Tajikistan 420 622 citizens of our republic worked temporarily, including 20 961 persons from GBAO, from Khatlon Region - the 134th 701, from Sughd area - 23rd 654, from the city of Dushanbe15 108 and 126 198 people from the citizens living in areas of republican subordination.

Results of 2005 showed that in comparison with previous years the number of the labor migrants leaving the Republic of Tajikistan to other countries was reduced, their number constitutes - the 412th 123, including from GBAO - the 20th 450, Khatlon Region - the 136th 534, Sughd oblasti124 550, the city of Dushanbe - the 15th 469, from areas of republican subordination - 115 120. The bulk of citizens - labor migrants are engaged with labor activity in the Russian Federation which constitute - 404 470 people, in Kyrgyzstan - 2134, in Kazakhstan - 2089, in Uzbekistan - 2, and 3428 people in other CIS countries.

It should be noted that rudovy migrants of the Republic of Tajikistan abroad generally are attracted on seasonal works in this connection many of them go to foreign countries at the beginning of spring and in the summer from 75-80% during which autumn and winter period return to Tajikistan, such situation is observed not only in our republic, like is inherent labor migration and some other countries.

For the purpose of official evacuation of the worker, force to foreign countries, the Ministry of Labour and Social Protection of the population of the Republic of Tajikistan according to the Law of the Republic of Tajikistan "About licensing of separate types of activity", grants licenses in the following years: in 2001 - 3, in the 2002nd year 10, in 2003 - 19, in 2004 - 11 and 2005 to 10 economic subjects.

In the period of 2001-2002 work in the specified direction achieved certain success. Thus, these years 3343 and 12182 people of labor migrants were sent officially to the Russian Federation.

It should be noted that after acceptance in November, 2002 of the Law of the Russian Federation "About labor provision of foreign citizens", in Vedeno tough policy concerning foreign migrants. Economic subjects of the Republic of Tajikistan have no opportunity to freely sign bilateral agreements with employers of the Russian Federation, for the purpose of strengthening and overall performance in this direction.

According to the current legislation of the Russian Federation, employers of the Russian Federation are not interested in official attraction of labor power from foreign countries. In case of such provision in most cases labor migrants illegally migrate to the Russian Federation. For this reason the number of the labor migrants leaving to foreign countries every year is reduced. So, if in 2003 it was officially sent 2696 persons, in 2004 - 2349 people that in 2005 their quantity was reduced to 1681 persons.

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