This is believed to extend to registered stateless persons.445 To claim social benefits, a stateless person
within the national labor quota of Kazakhstan, must present a Statelessness Certificate issued by the
Ministry of Internal Affairs which is equivalent to a permanent residence permit.446
Data on the operation of the new individual professional pension accounts is so far only available from
Kazakhstan. Only 43% of the economically active population was found to be covered by the
professional pension system, as compared with 64% in 1997.447 A growth in the shadow, untaxed
economy was unexpectedly found to have accompanied the new pension arrangements.
Within the economically active population that contributes to the professional pension scheme, the
system was found to have disadvantaged women. In Kazakhstan, their earnings are generally 57% of
male earnings and, because of an earlier retirement date amongst other factors, they have fewer
economically active years.448 No study has been made of the impact of the new pension scheme on
stateless persons, but there appear to be no grounds to suspect that stateless women will enjoy higher
pensions than women who are citizens. Against a background growth in the shadow economy, it also
seems unlikely that undocumented stateless will have transferred in large number to the formal
economy and its professional pension scheme.
The procedures for drawing a professional pension in Turkmenistan, Kazakhstan and Kyrgyzstan
make them inaccessible to undocumented stateless people. In Turkmenistan, for instance, retirement
pension payments are made directly to the beneficiary’s bank account in the district where their
residence is registered.449 Someone without valid identification papers cannot open a bank account.
One-off payments for loss of earnings, for example due to industrial injury, also demand a type of
documentation in Turkmenistan that is generally beyond a claimant working outside the formal
employment sector, such as an undocumented stateless person. Someone wishing to claim a pension
for a radiation accident, for instance, needs to produce valid personal identification; confirmation from
a Medico-Social Expert Commission; a work book, and documentary proof of their last five years’
earnings.450
In Kyrgyzstan, stateless elderly person without documents told the UNHCR survey that they normally
experienced difficulty in arranging and collecting a retirement pension. A ‘composite monthly
benefit’, which is a means-tested payment for indigent families with children, is available only at the
place where people are permanently registered.451 This precludes unregistered stateless persons from
receiving it.452 In Tajikistan, retired people are entitled to draw their professional pensions in cash
from social welfare committees in the district where they actually live, regardless of where their
residence is formally registered.453
The second benefit available in each State is a ‘social pension’. Tajikistan offers these to the widest
range of beneficiaries. There, social pensions are tax-free, paid monthly in cash and available to the
445
In accordance with Article 8, 1995 Law No 2337‘On the Legal Status of Foreigners’ in Kazakhstan.
Article 8, 1995 Law No 2337 ‘On the Legal Status of Foreigners’ in Kazakhstan; Articles 11 and 15, 2001 Employment
Law of Kazakhstan, No 149-11.
447
Cited in Richard P Hinz, Asta Zviniene, Anna-Marie Vilamovska, The New Pensions in Kazakhstan: Challenges in
Making the Transition, SP Discussion Paper No 0537, World Bank, September 2005, available at
http://siteresources.worldbank.org/SOCIALPROTECTION/Resources/SP-Discussion-papers/Pensions-DP/0537.pdf. The
average coverage in CIS States at that time was 59%. In OECD States it was 81%.
448
Ibid. Typically, women are also more likely to lose years of earned income through giving unpaid child-care.
449
Article 41 (1), 2007 Social Security Code of Turkmenistan.
450
Article 85, 2007 Social Security Code of Turkmenistan.
451
Article 12, 2003 Law No 405-VI ‘On Compulsory Social Security’ in Kazakhstan; Article 9(2), 2009 Law No 217 ‘On
National Social Welfare’ of Kyrgyzstan.
452
Cited in UN World Food Programme, Food Security Analysis of the Kyrgyz Integrated Household Survey for 2006, 2007
and first quarter of 2008, 2008, updated in April 2010, available at
http://home.wfp.org/stellent/groups/public/documents/ena/wfp220175.pdf, accessed on 7 March 2011; UN High
Commissioner for Refugees, A Place to Call Home. The Situation of Stateless persons in the Kyrgyz Republic: Findings of
Surveys Commissioned by the UNHCR, UNHCR Bishkek, 2009, page 50.
453
Article 96, 1993 Law No 796 ‘On Pension Provision to Citizens of Tajikistan’.
446
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