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PROTECTING MIGRANTS' RIGHTS IN UZBEKISTAN
Esemuratov Alisher Izbasarovich
(PhD), Senior Lecturer of the Law Enforcement Academy of the
Republic of Uzbekistan
https://doi.org/10.5281/zenodo.16809803
ARTICLE INFO
ABSTRACT
Received: 06
th
August 2025
Accepted: 11
th
August 2025
Online: 12
th
August 2025
This article explores the development of Uzbekistan's migration
policy since independence, initially focused on stabilizing
politics and boosting the economy, later becoming more
comprehensive as sovereignty and global ties grew. It examines
national mechanisms protecting migrants' rights, including the
roles of the President, Oliy Majlis, judiciary, Cabinet of Ministers,
and civil society. Key reforms address foreign citizen entry,
labor migration, registration, and illegal migration, aligning
with the Global Compact for Migration and Sustainable
Development Goals. The article proposes a 2024–2030 National
Action Plan to enhance these efforts, highlighting the need for a
Migration Code, better inter-agency coordination, and stronger
international cooperation to address legal gaps and emerging
challenges like ecological migration.
KEYWORDS
Migration policy, Uzbekistan,
migrants’ rights, Global
Compact
for
Migration,
Sustainable
Development
Goals, national action plan,
legislative reforms, human
rights,
labor
migration,
institutional
mechanisms,
international cooperation,
ecological migration
.
In the early years of independence, Uzbekistan’s migration policy was characterized by a
flexible approach aimed at stabilizing the domestic political situation and developing the
economy. Over time, as the state sovereignty was strengthened and economic ties with other
countries expanded, Uzbekistan’s migration policy evolved into a more comprehensive and
multifaceted system. This transformation was reflected in legislative reforms addressing
various aspects of migration, including the entry and exit of foreign nationals, registration
procedures, regulation of labor migration, and measures to combat illegal migration.
The following national institutions can be identified as key mechanisms for protecting the
rights of migrants:
I. As the guarantor of citizens’ rights and freedoms, the President of the Republic of
Uzbekistan resolves issues related to citizenship and the granting of political asylum. In this
regard, the head of state possesses supreme authority in shaping migration policy and
regulating migration processes, thereby serving as a major mechanism for ensuring the rights
and freedoms of migrants through a range of institutional structures under his leadership.
The Commission on Citizenship Issues under the President of the Republic of Uzbekistan
operates as an advisory and auxiliary div. In addition to addressing matters related to
citizenship, it also contributes to actively involving compatriots in the ongoing socio-economic
and political reforms in the country[1].
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Among the national institutions responsible for the protection of human rights in
Uzbekistan, the National Center for Human Rights plays a coordinating role both at the national
and international interagency levels. Taking public opinion into account in the field of internal
migration, the Center’s efforts led to the abolition of employer liability for hiring citizens
without temporary or permanent registration. This reform created favorable conditions for
internal migrants to exercise their labor rights.
In order to protect the constitutional rights and freedoms of migrants, the prosecutorial
bodies of the Republic of Uzbekistan exercise continuous oversight over the enforcement of
legislation in the field of migration.
II.
As the legislative authority, the Oliy Majlis (Parliament) of the Republic of Uzbekistan
plays a vital role in protecting migrants’ rights by drafting and adopting laws, reviewing and
approving budget allocations for the effective implementation of migration policy, establishing
parliamentary oversight over executive bodies regulating migration processes, and ensuring
legislative support for the ratification of international agreements in this area[2]. The regional
representative chamber of Parliament — the Senate of the Oliy Majlis — in addition to fulfilling
legislative functions, holds certain powers in combating illegal migration and human
trafficking. In particular, the Chairperson of the Senate of the Oliy Majlis of the Republic of
Uzbekistan concurrently serves as the Chairperson of the National Commission on Combating
Human Trafficking and Forced Labor — also known as the National Rapporteur. The institution
of the National Rapporteur was established to ensure effective cooperation and coordination
with the international community, organizations specialized in this field, and human rights
defenders in the fight against human trafficking and forced labor[3].
Among the national human rights institutions in Uzbekistan, the Parliamentary
Commissioner for Human Rights (Ombudsman) under the Oliy Majlis occupies a prominent
place. Recently, the Office of the Ombudsman also established the institution of the Ombudsman
for Children’s Rights[4]. The Commissioner for Children’s Rights in Uzbekistan has undertaken
several initiatives to protect the rights of migrant children[5]. For instance, during a joint event
with Russian counterparts, proposals were advanced to expand cooperation among human
rights institutions of the CIS countries in providing legal and social assistance to children
affected by migration, including the signing of cooperation memorandums between
Ombudspersons of CIS member states[6].
III.
The judicial authority of Uzbekistan also plays a significant role in protecting the rights
of migrants. Any normative legal act concerning migration adopted by a state authority —
regardless of its level — may be annulled if it contradicts the Constitution. The authority to
review the constitutionality of such acts adopted by the legislative or executive branches lies
with the Constitutional Court of the Republic of Uzbekistan[7].
IV.
One of the key mechanisms for protecting and ensuring the rights of migrants is the
Cabinet of Ministers, which plays a leading role in supporting the realization of the rights and
freedoms of Uzbek nationals residing abroad. Several executive mechanisms directly involved
in the protection of migrants’ rights are outlined below[8].
The internal affairs bodies of the Republic of Uzbekistan maintain a centralized reporting
system and a unified database on the presence of foreign nationals and stateless persons
permanently residing in other countries who enter Uzbekistan. These bodies control their
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entry, exit, and transit movements. In accordance with court decisions, they also carry out the
administrative expulsion of such individuals from the territory of the country. Furthermore, the
Department for Migration and Registration of Foreign Citizens under the Ministry of Internal
Affairs monitors compliance with passport regulations, handles issues related to the acquisition
of Uzbek citizenship, oversees migration processes, registers foreign nationals and stateless
persons at their permanent or temporary place of residence, and manages the extension of visa
durations[9].
To improve the performance of competent authorities in the field of external labor
migration, a system of safe, orderly, and legal labor migration has been established. This system
is aimed at training individuals seeking employment abroad in high-demand professions,
protecting the rights of citizens during their stay overseas, ensuring employment opportunities
for returning migrants, and providing social support to their family members[10].
As the authorized div on migration issues, the Ministry of Foreign Affairs of the Republic
of Uzbekistan is responsible for developing and implementing state policy in the field of
international relations, regulating relevant legislation, and establishing contacts with
compatriots abroad. In this regard, the Consular and Legal Department within the Ministry
carries out the key function of providing consular and legal assistance to individuals and legal
entities. Its activities aim to strengthen Uzbekistan’s friendly and neighborly relations with
other countries and to promote broader economic, trade, scientific-technical, and cultural
cooperation.
Currently, Uzbek labor migrants abroad face numerous violations of their rights, including
issues related to unpaid wages, exploitation, low or delayed salary payments, as well as limited
access to healthcare services and social protection[11].
In response to these challenges, the Presidential Decree of the Republic of Uzbekistan No.
PF-59 dated April 4, 2024, approved the establishment of several institutions to address
external labor migration issues. These include the Agency for External Labor Migration under
the Ministry of Poverty Reduction and Employment, the Department for External Labor
Migration under the Cabinet of Ministers, and the appointment of labor migration attachés in
Uzbekistan’s diplomatic and consular missions abroad.
In addition to state bodies, civil society institutions also play an active role in protecting
migrants’ rights. These include the mass media, self-governing bodies of citizens, political
parties, social movements, and non-governmental non-profit organizations. Currently, more
than 9,200 non-governmental non-profit organizations in Uzbekistan contribute significantly
to the protection of human rights and freedoms[12].
Migration challenges, governance, and policy in Uzbekistan must be analyzed within the
framework of international standards and objectives, including the United Nations Sustainable
Development Goals (SDGs) and the Global Compact for Safe, Orderly and Regular Migration
(GCM). Additionally, a number of key documents must be taken into account, such as the
Migration Governance Indicators (MGI), the updated Common Country Analysis (CCA), the
Progress Declaration of the International Migration Review Forum (IMRF), the UN Sustainable
Development Cooperation Framework (UNSDCF) with Uzbekistan, and Uzbekistan’s Voluntary
National Report (VNR) on the implementation of the GCM.
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Uzbekistan’s Voluntary National Report on the implementation of the Global Compact[13]
highlights the creation of a system for safe, orderly, and legal labor migration, in accordance
with Presidential Decree No. PQ-4829 dated September 15, 2020. The report analyzes the
measures taken to improve the activities of authorized bodies in the field of external labor
migration, provide vocational training in high-demand professions for those wishing to work
abroad, protect the rights of citizens during their stay abroad, ensure employment for returning
labor migrants, and support their family members through social programs.
Furthermore, it is noted that 16 out of the 23 objectives of the Global Compact on
Migration are incorporated into the 100 goals outlined in the New Uzbekistan Development
Strategy for 2022–2026. However, achieving the remaining objectives—namely goals 2, 13, 16,
17, 20, 22, and 23—requires the development of specific plans and actions.
Uzbekistan was among the first countries to support the Global Compact for Safe, Orderly
and Regular Migration, adopted by the UN General Assembly on December 19, 2018, under
Resolution 73/195. This Compact is the first intergovernmental agreement to comprehensively
address all aspects of international migration. It is based on ten core principles aimed at
ensuring the protection, promotion, and respect of human rights for all migrants, regardless of
their legal status.
The United Nations Sustainable Development Goals (SDGs) represent a set of
internationally agreed objectives for cooperation from 2015 to 2030. The SDGs aim to promote
the optimal use of limited resources, the application of environmentally friendly technologies,
the preservation of the sustainability of social and cultural systems, and the integrity of
biological and physical natural systems. These goals are enshrined in the document titled
“Transforming Our World: The 2030 Agenda for Sustainable Development,”
which includes 17
global goals and 169 corresponding targets[14].
Among the SDGs, 22 specific targets under 11 goals are directly related to migration
issues[15]. These principles are also embedded in the 23 objectives of the Global Compact for
Migration (GCM), which is continuously implemented by signatory states through national
action plans.
Paragraph 53 of the Global Compact recommends that all Member States develop national
programs to accelerate the implementation of the Compact and to regularly conduct
comprehensive evaluations of progress at the national level. It also emphasizes the importance
of preparing and utilizing voluntary national implementation reports to facilitate analysis. Such
analytical reports should be developed with input from all stakeholders, including members of
parliament and local government representatives, and should be used to inform the
International Migration Review Forum effectively.
Furthermore, within the framework of the United Nations Sustainable Development
Cooperation Framework (UNSDCF) with Uzbekistan for 2021–2025, a gender strategy has been
outlined to promote the protection of the rights and freedoms of both male and female labor
migrants. This includes raising their legal awareness and developing a system for safeguarding
their rights[16].
In this regard, Goal 86 of the
New Uzbekistan Development Strategy for 2022–2026
and
Goal 95 of the
Uzbekistan 2030 Strategy
are specifically dedicated to ensuring safe, orderly, and
legal labor migration, as well as to implementing an effective migration policy. The
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corresponding government programs include the full implementation of 16 GCM objectives:
goals 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 18, 19, and 21[17].
Based on the above analysis, it is deemed appropriate for the Republic of Uzbekistan to
develop and adopt a
National Action Plan for 2024–2030
(hereinafter referred to as the
National Action Plan
) to implement the objectives of the
Global Compact for Migration (GCM)
.
This document should create the necessary conditions and mechanisms for achieving the GCM
objectives by aligning the efforts of state bodies, institutions, and civil society actors.
The National Action Plan should be based on the principles of the GCM, the Constitution
of the Republic of Uzbekistan, the international treaties on human rights ratified by Uzbekistan,
and other relevant legal instruments. Accordingly, the implementation of the National Action
Plan will allow the Republic of Uzbekistan to take concrete steps toward achieving the goals of
safe, orderly, and regular migration, as outlined in the Global Compact.
The need to develop a National Action Plan is also conditioned by the current situation in
the field of migration in Uzbekistan. This situation is characterized by several important
aspects.
In recent years, measures have been taken to register and account for migrants, provide
social security, and strengthen legal protection mechanisms. Moreover, Uzbekistan was the
first country in the region to submit information on national-level implementation measures
for the Global Compact for Migration[18].
At the same time, many Uzbek citizens abroad continue to operate outside the framework
of social protection and legal rights, often remaining unprotected and facing discrimination.
The issue of irregular labor migration remains highly relevant.
According to forecasts by the
World Bank
, by 2050 up to
5.1 million environmental
migrants
could emerge in Eastern Europe and Central Asia. Nearly half of them—around 2.4
million people—are expected to arrive in Central Asian countries. Densely populated areas such
as the
Fergana Valley
,
the vicinity of Tashkent
,
lowland regions in southern Tajikistan
,
and
northern Kazakhstan
may become destinations for incoming environmental migrants.
This process is primarily associated with water availability and agricultural productivity. Due
to declining water resources and agricultural yields,
southern Kazakhstan
, regions near the
Fergana Valley in
Uzbekistan
and
Tajikistan
, as well as areas surrounding
Bishkek
, may
become climate stress zones. Consequently, regions such as
eastern Turkmenistan
and the
southern parts of Uzbekistan
along the Amu Darya River may become potential areas of
outmigration[19].
These factors are likely to exacerbate negative trends in current migration processes.
Therefore, to mitigate the socio-economic impact and to achieve the goals of the
Global
Compact for Migration
, there is a growing need to develop
new national strategies,
programs, action plans, approaches, and mechanisms
.
In this context, the primary task of the forthcoming National Action Plan should be to
create legal and institutional conditions for ensuring safe, orderly, and regular migration. In
particular, the following activities should be implemented within its framework:
Developing and enhancing the legal and regulatory framework for the protection of
migrants' rights;
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Improving institutional and organizational mechanisms for ensuring and safeguarding
migrants’ rights;
Strengthening the role of civil society institutions in the protection of migrants’ rights;
Expanding awareness-raising and informational activities regarding the protection of
migrants’ rights;
Regular monitoring of violations of migrants’ rights;
Strengthening international cooperation in the field of migrant rights protection.
In view of the above, it would be advisable for the
National Commission on Combating
Human Trafficking and Forced Labor
to prepare
Uzbekistan’s National Report
on progress
toward the objectives of the
Global Compact for Migration
, conduct monitoring in this area,
and submit the report to both chambers of the
Oliy Majlis
(Parliament) of the Republic of
Uzbekistan. Additionally, it is recommended to define responsibilities for publishing
annual
statistical collections
on the achievement of GCM goals in
Uzbek
,
Russian
, and
English
, and
to make these publicly accessible through online platforms.
Uzbekistan is taking active measures to protect the rights of migrants; however, there are
still significant gaps in the regulatory and legal framework that require improvement. It is
necessary to further systematize migration legislation, including the adoption of a
Migration
Code
that would allow for more detailed regulation of migration-related relations. In addition,
it is essential to strengthen
institutional mechanisms
and improve
interagency
coordination
in the field of migration policy.
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Page 18
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