Professional Documents
Culture Documents
Elżbieta Proń
To cite this article: Elżbieta Proń (2021) TOKAYEV’S APPROACH TO KAZAKH ASYLUM
SEEKERS FROM CHINA: AN ASSESSMENT AND FOREIGN POLICY IMPLICATIONS, Asian
Affairs, 52:4, 872-889, DOI: 10.1080/03068374.2021.1992201
Article views: 91
Introduction
The year 2020 seemed to mark a change in Kazakhstan’s approach to
Kazakh asylum seekers from China. In total, at least six ethnic Kazakh
asylum seekers from China’s Xinjiang were granted a right to temporary
stay in Kazakhstan. They all crossed the border illegally, escaping
China’s security and ethnic policy apparatus in Xinjiang. While the
status was valid for one year only, it was a major improvement as until
2020 similar cases were all lost in Kazakh courts. It seems that three
main considerations influenced the decision of Kazakhstan. Firstly, the
international activity and prominence of local Kazakh human rights acti-
vists who have put pressure on the authorities since early 2017, published
widely (in English) on the issue and regularly staged protests in Kazakhstan
and beyond. Secondly, the international recognition of the Xinjiang issue
as genocide, particularly in the United Nations (UN), European Union
(EU), and the United States (US) forums, followed with economic and
political sanctions on China. The third is the ambitions of Kassym-
Jomart Tokayev, who assumed the presidential office in 2019 and has
been developing his own style of the presidency with social issues as its
centrepiece.1
The main purpose of this article is to explain and assess foreign and dom-
estic policy considerations behind Kazakhstan’s approach to asylum
seekers from China, as well as the implications of this approach. This
article first scrutinizes the change in how Kazakhstan has approached
the problem since Tokayev’s assumption of the presidential office in
2019. Drawing from the former, the second part sets the theoretical
© 2021 The Royal Society for Asian Affairs
TOKAYEV’S APPROACH TO KAZAKH ASYLUM SEEKERS 873
background for the qualitative analysis of the change through the lens of
human rights in Kazakh “multi-vectoral” foreign policy and declared Eur-
asianism. Finally, this article looks at the foreign policy implications of
Tokayev’s approach to Kazakh asylum seekers from China, with particular
emphasis on Sino-Kazakh relations.
This article argues that there is no sign of permanent and thorough reform
regarding human rights in Kazakhstan in general and the issue of Kazakh
detainees in Xinjiang in particular. Instead, the situation of Xinjiang detai-
nees has deteriorated in comparison to Nazarbayev’s era. This paper also
finds that Kazakhstan’s approach to the problem of Xinjiang is increasingly
determined by the state of Sino-Kazakh relations. Despite Kazakhstan’s
declared multi-vectoral foreign policy and multisectoral cooperation
with the EU, Tokayev prioritizes China as the major economic and pol-
itical partner for Kazakhstan.
While most of the victims are Xinjiang Uyghurs, the campaign similarly
targets other Xinjiang Muslim minorities. Among them, Kazakhs consti-
tute the second largest group of victims.6 Their estimated number ranges
between 172,0007 to half a million.8 The number of detained Kazakhs is
significantly smaller than that of the Uyghurs, yet it is big enough not to
make their forced detentions and human rights violations coincidental.
The official Kazakh response to these multiple voices was very limited
between 2017 and 2019. Nur-Sultan (then Astana, Kazakhstan’s capital)
tried to keep the lowest possible profile of the issue so as not to jeopardize
its political and business ties with China.11 The problem of Xinjiang
Kazakhs was largely passed by in the official agenda, while victims were
neither extradited to China nor granted asylum in Kazakhstan either.
Their court cases were usually held in remote parts of the country and fre-
quently postponed. Although in 2018 Kazakhstan managed to negotiate a
right to leave China for over 2,000 Chinese Kazakhs,12 the negotiations
between Nur-Sultan and Beijing were low-key and probably not
resumed after 2018.
Since late 2019 the situation has changed. In December 2019, a Chinese
Kazakh woman, Kaisha Akhan, who fled China to Kazakhstan a year
earlier, was the first to be granted temporary refugee status. She also unex-
pectedly avoided a prison sentence for crossing the border illegally.13 Her
case set a precedent. Over the whole of 2020, another five individuals
TOKAYEV’S APPROACH TO KAZAKH ASYLUM SEEKERS 875
received the same status. They crossed the border illegally either in remote
parts of eastern Kazakhstan or through Khorgos Free Trade Zone, traf-
ficked by retail vendors. They initially stayed in Kazakhstan illegally,
fearing deportation to China or believing that their stay in the country
did not require further paperwork. Once they reported to the police to
legalize their stay in the country, they were believed by lawyers and
human rights observers to have had “no chances to remain in Kazakh-
stan”.14 Their right to a temporary stay in Kazakhstan was thus widely
welcomed and extensively reported by human rights associations. Even-
tually, they were sentenced to 6–12 months in prison or given probation
for illegally crossing the border, yet were allowed to stay in Kazakhstan.
Among the refugees who received the status was even a repeat criminal,
Kaster Musakhanuly, who was once sentenced in 2006 in Kazakhstan
for a robbery and extradited to China to serve that sentence.15
rooted in Nazarbayev’s era, has been the energy of Kazakh human rights
activists and their international publicity on the issue.18
The second, which corresponded in time with Tokayev assuming the pre-
sidency, is the rapidly growing attention of international organizations,
individual Western politicians, big international companies, and
Western governments which explicitly condemn Chinese policies in Xin-
jiang.19 Their response has varied from politically non-binding declara-
tions to imposing economic and other sanctions.20 What they shared
was their description of Chinese policies in Xinjiang as being “human
rights violations”,21 a “genocide”,22 and “crimes against humanity”.
Notably, Western actors have frequently pointed at Kazakhstan as the
country with a particular tangible interest in pressing on China on the
Xinjiang issue. It is also Western democracies, in particular Sweden and
the US, where Kazakh Xinjiang activists and refugees have either received
permanent political asylum or opened offices of their human rights
associations.23
The first factor – the energy of human rights defenders – brought little
success during 2017–2019 in developing a systematic approach of
Kazakh authorities to asylum seekers from China. Thus, it does not
seem decisive in Tokayev’s approach to the issue. It is, therefore, necessary
to look at the second – Kazakhstan’s relations with the West and the role
of the multi-vectoral, Eurasian foreign policy outlook in Tokayev’s
Kazakhstan – as the one that determined the change.
These steps may suggest that Tokayev’s Kazakhstan seeks a closer norma-
tive cooperation with the West on Xinjiang, and durable solutions for
many domestic social issues. However, two main factors undermine the
constructivist interpretation of this change. The first is the time span –
about two years – between recognition of the Xinjiang issue by Nazar-
bayev in 2017 and his protégé Tokayev assuming office in 2019. This
time span might be long enough to conduct some reforms of state insti-
tutions yet does not seem sufficient for the process of thorough socializa-
tion of norms and values. The second problem is the very relationship
between Nazarbayev and Tokayev, who prior to his presidency was a
skilled diplomat and a top-level politician for many years. International
experts assess Tokayev as a continuator of Nazarbayev policies, a
“puppet apparatchik figure”.28 Indeed, after the change in the presidency,
Nazarbayev has retained full control over the state security apparatus,
establishing himself as an influential backstage figure.29 Therefore, a quali-
tative change in the socialization of the human rights regime, including the
thorough protection of ethnic Kazakh from Xinjiang, does not seem
justified.
but on the notion that all individuals have a right to enjoy fair civil liberties
and equality. The protection of various human rights lies at the center of
this approach. In order to achieve this goal, strong state institutions are
vital for monitoring compliance with the law. Such institutional design
of a state also corresponds with the premise of liberal democracy, which
would mean a departure from the earlier authoritarian policy in Kazakh-
stan.30 Such an approach is costly in terms of domestic policy reform, yet it
pays off in terms of international relations: a better record of how states
treat citizens and protect their rights leads to a better score in inter-state
cooperation, particularly with Western liberal democracies. Economic
cooperation is the area where this peaceful coexistence of democracies
is the most developed.
The government has also made an effort to end the inflow of ethnic Kazakhs
from China seeking a legal stay in Kazakhstan. The government has tigh-
tened the porous sections of the border, preventing further escapes from
China.40 Concurrently, the six Kazakhs who received a right to stay in
Kazakhstan in 2020 have constantly been discouraged from public appear-
ances and publicity on their cases. In January 2021, both Kaisha Akhsan and
Muraker Alimuly were violently attacked in two separate incidents. These
incidents are believed to be an attempt to silence the two and discourage
other refugees from speaking up about their situation.
of temporary asylum status to the refugees who have illegally crossed the
border. By doing so, Kazakhstan’s authorities respond to public pressures
regarding the refugees and act according to Western expectations, while
concurrently neglecting the real motives behind the escapes from China.
This also leads to the contention that Kazakhstan under Tokayev con-
tinues to be primarily driven by a realist foreign policy despite reforms
and new institutions. Kazakhstan aims at maximizing the country’s gains
from international cooperation with multiple actors yet refrains from
any profound transformation of its political system. By officially turning
to social issues and public demands, Kazakhstan secures benefits from its
cooperation with the EU. There is no evidence that the country has socia-
lized itself into human rights norms or embarked on a more democratic
policy course. What is more, by coopting popular dissent and addressing
it in a way convenient to the authorities, Tokayev has maintained a
stable relationship with its main partners abroad and provided an official
response to the domestic audience.
who were granted it in 2020, the Department noted there was almost no
institutional aid to facilitate their stay in Kazakhstan. The report also
enumerated problems with authorities faced by several human rights
associations, particularly Atajurt and its former leader Serikzhan Bilash,
and the Kazakhstan International Bureau for Human Rights and Rule
of Law. Remarkably, in late 2020 Bilash left Kazakhstan for Turkey and
eventually the US to continue his work.47
“the middle of nowhere”53 whose role as a hub of the Belt and Road
(BRI) was initially viewed with scepticism,54 proved to be of particular
importance with the outbreak of the COVID-19 pandemic. The pan-
demic demonstrated that railway transport can be much more effective
than maritime transport, which may be prone to restrictions, delays, and
quarantine rules. The March 2021 weeks-long blockage of the Suez
Canal further exposed the growing role of alternative, railway transport
giving yet another rationale for developing railways across Eurasia.55
Unsurprisingly, China followed this momentum launching a new connec-
tion between Xi’an and Nur-Sultan, and further expanding the existing
network.56
Conclusions
This study of the first two years of Tokayev’s policy towards Kazakh detai-
nees in Xinjiang leads to three main conclusions. First, at the domestic
884 TOKAYEV’S APPROACH TO KAZAKH ASYLUM SEEKERS
policy level, Tokayev does not plan to develop any coherent strategy
towards Kazakh detainees in Xinjiang or the asylum-seekers. Kazakhstan’s
initial steps to grant the refugees a temporary stay were neither extended
nor later offered towards other refugees. On the contrary, since 2020, no
new cases of Kazakhs fleeing China have been made public, while the
2019–2020 asylum seekers try to secure their stay in a third country, as
they are unable to receive Kazakh citizenship. Government officials and
the president also avoid any statement or action regarding Kazakh detai-
nees in Xinjiang. These developments confirm that Tokayev has not
only continued Nazarbayev’s strategy towards the issue of Xinjiang but
even become more hard line. Despite introducing several social pro-
grammes, establishing government institutions devoted to human rights
protection, and allowing popular consultations on the Xinjiang issue,
the authorities learned how to avoid the problem effectively instead of
providing a durable solution to it.
This leads to the second conclusion, that Tokayev has not only maintained
good and cooperative relations with Beijing, but also developed them
further. Such an approach has been seen in the investments and economic
opportunities provided by Beijing, particularly in the post-pandemic econ-
omic recovery in Kazakhstan. Nur-Sultan’s ambition to make the best use of
these opportunities stems from the aim of rebuilding economic growth,
which fell to minus 2.6 percent in 2020.62 It is also shown by Beijing’s
rocky relationship with neighbouring Kyrgyzstan and Tajikistan, contrary
to which a politically stable, cooperative and economically vibrant Kazakh-
stan can further strengthen its position as a critical player in landline BRI.
Disclosure statement
No potential conflict of interest was reported by the author.
NOTES
10. For a detailed analysis of Kazakh human rights movements related to China’s Xin-
jiang policy and the government response to the problem in 2017-2019, see:
E. Proń and E. Szwajnoch, ‘Kyrgyz and Kazakh responses to China’s Xinjiang
policy under Xi Jinping’. Asian Affairs Vol. 51. Issue: 4 (2020): 761–778.
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ORCID
Elżbieta Proń http://orcid.org/0000-0002-0513-3879