MINISTER OF FOREIGN AFFAIRS
REPUBLIC OF KAZAKHSTAN
Astana, 4 May 2007
Dear Executive Director Rhodes,
I have the pleasure to thank you for the interest shown by your reputable international non-governmental organization to the promotion of Kazakhstan's bid to chair OSCE in 2009.
I presume that you must be fully aware now of the Special meeting of OSCE Permanent Council dated 30 April, 2007, where I acquainted the Heads of Delegations of Participating States with our vision of the present and the future of the Organization and briefed them on our specific steps towards further liberalization and openness of Kazakhstan's society.
However, I believe it is important to answer your questions. Please, find attached the relevant information.
I look forward to continuing our fruitful cooperation on the basis of mutual understanding.
Yours sincerely, Marat Òazhin
Aaron Rhodes, Executive Director of the International Helsinki Federation Vienna
Answers to the questions raised in the letter dated April 27, 2007
by the Executive director of IHF Aaron Rhodes
a)-b)
In 2003-2007 under different names the State commission for the development of democratic reforms in Kazakhstan carried out its activities.
Under the "Main directions of political reforms in Kazakhstan 2007-2008" crafted by the Commission it was proposed to increase the number of the parliamentarians in both Chambers, to broaden powers of the Parliament and maslikhats (local assemblies). In particular, the Parliament and each Chamber will have the right to hold a separate parliamentary investigation to study events of state importance. Maslikhats in small towns and rural areas along with elected executive heads will constitute local governance authorities.
The key issue raised in the document is implementation of the constitutional norm assigning authorization of arrest to courts. Shift to the international standards, under which constitutional rights of a citizen can be limited only by court, is also under way.
A special agency to protect witnesses and other participants in criminal proceedings will be established. The Government will initiate a program to implement the Law on state defense of participants in criminal proceedings. The judicial system and justice wait to be modernized and civil society institutions enhanced. Kazakhstan will carry on joining relevant international agreements to develop civil society institutions. Amendments to the Law on media and establishment of public councils under state e-media are on the agenda.
The Government will introduce the National living standard.
Some of the Commission's proposals are already being implemented.
With respect to the OSCE recommendations on international agreements and covenants the Interminisierial commission for international humanitarian law and international human rights agreements with its Secretariat being the Foreign Ministry of Kazakhstan on 15 march 2007 initiated relevant national procedures to consider joining the following instruments:
• the International convention for the protection of all persons from enforced
disappearance;
• the Slavery convention,
• the Protocol amending the slavery convention and the supplementary
convention on the abolition of slavery, the slave trade, and institutions and
practices similar to slavery;
• the Optional protocol to the convention against torture and other cruel,
inhuman or degrading treatment or punishment.
The 2003 Presidential decree introduced termless moratorium over death penalty. In this connection a 2004 act amended the Criminal Code, the Code of Criminal Procedure and the Code of Criminal Execution. Today a special Working group under the Government is searching ways to legitimize complete abolition of capital punishment.
At the same time, Kazakhstan has started considering joining the statement on abolition of death penalty initiated by EU at the UN General Assembly on December 19, 2006.
In 2005 the Parliament of Kazakhstan ratified the International covenant on civil and political rights, the International covenant on economic, social and cultural rights. Kazakhstan is working to join their Optional protocols.
Country reports on the performance of these international treaties and agreements are prepared and defended on a regular basis.
The 2006-2016 National action plan on reaching gender equality in Kazakhstan was adopted. Documents on implementing other UN conventions are being drafted.
A portfolio of amendments to the election legislation was introduced to the Parliament, including conceptual ones.
Currently in accordance with the ODIHR/OSCE recommendations the Constitutional law of 29 December 2006 abolished the norm that limited all forms of expression of interests and protest from the date on which election campaign is terminated to the date of official publishing of the voting results.
The following ODIHR/OSCE proposals have been taken into consideration in drafting relevant amendments to be introduced:
- The following provisions will be abolished: "if court establishes the factthat a candidate and/or his/her authorized representative, political partyas made false statements, which discredit or degrade another candidate,political party and assault his/her reputation, registration of such acandidate or party list shall be refused or cancelled" and "if a candidateand his/her spouse are found to have submitted unreliable income andproperty declaration, registration of such a candidate shall be cancelled";
- Representatives of all registered political parties will be included intoelection commissions during elections. They will have consultative vote.Their observer status within election commissions of all levels is underconsideration;
- Candidates and political parties shall be given equal opportunities to holdelection campaigns in the territory of military bases;
- The Constitutional law on election thoroughly governs verification of thesignatures in support of a presidential candidate, stipulates the possibilityof engaging experts to verify signatures; sets the procedure fordetermining the state language fluency required from a presidentialcandidate;
- Criteria for invalidation of signatures is provided;Paper confirmation of e-voting will be introduced;
- The procedure of making and issuing absentee voting certificates,stipulated in the Constitutional law on election, is under scrutiny;
- The procedure and conditions of conducting election campaigns is beingspecified. Campaigning by candidates is limited only by the funds secured and provided by the state and not by the time and space in media. This will give candidates freedom in determining the forms of campaigning;
- The Constitutional law on election will incorporate a norm, which willspecify the procedure for examining complaints furnished duringpreparation and in the course of election;
- Observers, authorized persons and media folks present at the vote count will be notified in advance of a recount;
- Election results may not be invalidated by election commissions unlessviolations make it impossible to credibly define the will of the electorate.
ODIHR/OSCE proposals to eliminate limitation on the right to be elected for the persons with minor or 'middle' criminal records or records, which have not been cancelled or redeemed as well as to abolish the four digit checking code used in e-voting, etc. are also under consideration.
Regarding the media legislation, on April 18, 2007 the Mazhilis (the lower Chamber of the Parliament) started discussions over the draft law on media, which had been developed by noncommercial media organizations. Earlier, the draft had been examined and conceptually approved by the National commission on democratization and civil society, and twice underwent international expertise at the request of the Kazakhstan 's Congress of Journalists.
The authors of the draft believe that it fully meets the interests both of free press and the State. A more liberal mechanism of media outlets registration is being considered. In particular, the media outlet is deemed to be registered if a relevant authority fails to issue in time a registration certificate or to officially notify an applicant of the refusal
The draft law prohibits monopolization of any type of media. Only those actions which severely endanger public order may cause compulsory suspension or termination of an outlet's activities.
The earlier draft law on Media was called off since it envisaged a tighter Criminal Code with respect to libel and insult. The Government's draft law on licensing publishing activities caused mixed feelings and was eventually withdrawn.
The Nongovernmental sector in Kazakhstan has turned into a crucial instrument for building civil society.
The Mazhilis of the Parliament has a Board of public experts with the dominance of NGOs. Coordination councils for cooperation with NGOs under the Government as well as at social ministries and local akimats (executive bodies) together with the National NGO information resource center help to consolidate efforts.
With respect to the discussions over American NGOs in Kazakhstan, a Memorandum of Understanding on programs of democratic assistance was sent to the American side.
A draft law on freedom of faith and religious association initiated by the Ministry of Justice is under redrafting and further public expertise.
Permanent financial support on a competitive basis is a new move in the state policy towards NGOs. Under the 2005 Law on the State social order NGOs started receiving target-oriented state funds. For instance, the Ministry of Culture and Information spent 200 mln.tenge for different NGO projects in 2006. NGO funding is expected to reach 1 bln.tenge in 2010.
The development of civil society is a priority to Kazakhstan. It is proved by the existing level of partnership between NGOs and the state as well as by the fundamental nature of the 2006-2011 Concept of building civil society in the Republic of Kazakhstan approved by the Presidential Decree. Such cooperation, in particular, pursues accelerated modernization of the society and higher living standards.
The strategy for cooperation implies:
- Assistance to educational establishments to switch to the up-to-dateeducational technologies, to introduce academic programs in accordancewith international standards, to ensure equal opportunities for thespecialized educational establishments for handicapped children,orphans, repatriates and the disabled persons;
- Partnership in ensuring availability of healthcare services for the sociallyvulnerable groups, in implementing state programs against tuberculosis,AIDS/HIV and other dangerous diseases, in promoting private medicalcare system;
- Introduction of the Unified state standard for employee rights protection;
- Provision of higher access for the population to high quality drinking water
- Development of modern rural infrastructure;
- Introduction of the program on state support of culture, promotion ofpatronship of arts and sponsorship, advance of creative youth potential;
- Assistance to the balanced language policy and developing ethniccultures of the people of Kazakhstan;
- Partnership in ensuring healthier environment;
- Cooperation in tackling the problems of women, mothers of manychildren, children from low-income families, social adaptation of repatriates.
Political system will significantly change. The final document of the State commission for democratization puts arguments in favor of increasing the number of parliamentarians of the Mazhilis elected by party lists from 10 to 67 (proportional representation through a single nationwide constituency).
The idea to reduce the Parliament entry barrier for the parties from 7% to 5% was welcomed. The state will be providing funds to political parties in accordance with the votes received.
It is also proposed to simplify registration of political parties, i.a. to reduce the required number of signatures from 50 to 25 thousand. In 2007 the half of Maslikhats ' (local assemblies) members are to be elected by party lists.
Amendments to the Constitutional Law on the Parliament of the Republic of Kazakhstan and the status of its members and the Law on committees and commissions of the Parliament of the Republic of Kazakhstan are being drafted to expand the powers of party factions in the Parliament.
The state and the society intend to legitimize hard requirements which ensure that executive authorities observe the equal opportunities principle towards political parties.
A draft law on Local governance has been introduced to the Parliament. The 2007-2009 state program for supporting the development of local governance in the Republic of Kazakhstan has been adopted.
Nowadays an administrative reform pursuing a new-quality executive branch is being implemented. The state establishments are meant to follow the principles of corporate governance, transparency and accountability to the society, with the interests of the state service consumers being a priority. The "E-government" program is gaining momentum in Kazakhstan, which must ensure on-line feed-back dialogue.
Improvements in the judicial system emphasize execution of court's decisions, ensuring advocate's support, independence of judges, raising their status and financial independence.
The Parliament passed a Law amending a number of acts of the Republic of Kazakhstan on advocacy.
The legislation provides for the creation of a Judges jury and a Justice institute, which would assess judges' professional qualifications.
The most significant achievement in reforming judicial system is the introduction of specialized administrative and economic courts. Jury courts were introduced in January 2007. This helps to expand public control and citizen's access to the administration of justice.
A set of problems concerning further bringing of the judicial system into compliance with international standards to strengthen the role of court in the state machinery and enhance its human rights segment.
The Supreme Court is ready for regular contacts with ODIHR/OSCE. An intention to create a joint cooperation mechanism was voiced
A critical move to empower courts with the right to authorize arrests and other limitations of freedoms is under way. On April 13, 2007 a draft law hardening responsibility for unsanctioned rallies and giving broader opportunities for the application of specifics in dissolving such assemblies was called off.
Reform of the penitentiary system pursues its demilitarization, introduction of international convict treatment standards and broader application of alternatives to imprisonment.
In late 2006 the Government introduced to the Mazhilis draft amendments to the system of criminal execution, eliminating some discriminative norms in the Code of Criminal Procedure.
Much harder punishment for human trafficking crimes in accordance with international standards was legally introduced in 2006. Components of such crimes were specified. Administrative responsibility is imposed for use of illegal immigrants' labor.
Kazakhstan joined the UN convention on struggle against trade of people and exploitation of prostitution.
Today NGOs participate in drafting laws on Equal rights and equal opportunities for women and men and On domestic violence. The Parliament is presently considering to join the Convention on protection of children and cooperation in respect of intercountry adoption" and the draft amendments to the Law on marriage and family which are tailored to regulate issues of foreign adoption and strengthening alternatives to bringing up children in boarding-schools.
c)
If elected the OSCE Chairman Kazakhstan while setting its priorities will primarily be guided by interests of the Organization, its Participants and raising efficiency of OSCE. Due respect will be accorded to the OSCE specific activities, which could be strengthened by Kazakhstan thanks to its geopolitical location, to social and economic and political particularities as well às to regional factors.
All this underlies Kazakhstan's following priorities in the OSCE in 2009:
- regional security;
- tolerance and nondiscrimination;
- economies and transport (transit potential) development for OSCE land locked countries;
- further raising OSCE efficiency.
Kazakhstan, home to 130 ethnic communities and 46 confessions, can share its positive experience in ensuring inter-ethnic and inter-religious concord, thus making contribution into humanitarian security throughout the OSCE.
Our vision is to strengthen the OSCE and its institutions in developing national education projects aimed at tolerance, mutual respect and recognition of the diversity of religious and ethnic values. In education considerable attention should be given to the prevention of crimes of hatred, xenophobia, neo-fascism and religious extremism.
Thus, tolerance and nondiscrimination is the cornerstone of Kazakh prospect OSCE Chairmanship in 2009.
We a driven by the inspiration to strengthen the role of Kazakhstan as a bridge between East and West in the dialogue of civilizations.
d)
Kazakhstan intends to pay primary attention to the OSCE humanitarian dimension, which is vividly represented by ODIHR (The Office for democratic institutions and human rights).
ODIHR has lately acquired priority in providing assistance to election processes. However, OSCE also deals with the issues of civil society and democratic institutions development, human rights watch, the rule of law, tolerance and non-discrimination.
Supporting ODIHR in ensuring high election standards Kazakhstan stands for impartial and professional approach towards election issues. We share the opinion of the OSCE PA President G.Lennmarker, who said thai "high standards must be the same for all Participants both east and west of Vienna. Double standards are in no way acceptable".
Kazakhstan supports further reform of ODIHR in accordance with the Ljubljana (2005) and Brussels (2006) Summits, "wise men group's" recommendations on raising OSCE efficiency, where Kazakhstan's Senator K.Sultanov took part.
In general, Kazakhstan is happy with the course of cooperation with ODIHR. On our invitation the Office took active participation in election observation of the Parliament election 2004 and the President election 2005. As a follow-up, experts of the Central Election Commission of the Republic of Kazakhstan and ODIHR has had consultations over further improvement of the election legislation and election practices of Kazakhstan and ODIHR reports' recommendations.
In the opinion of the ODIHR Director K.Shtrohal, positive experience of cooperation between ODIHR and Kazakhstan can serve as an example of democratic reforms promotion for all OSCE Participants, including in election process issues.
We intend to further develop active cooperation with ODIHR both on the issues of election process and on the whole range of humanitarian issues.
e)
Cooperation with NGOs - one of the main subjects of civil society - is vital for any organization hoping to promote democratic processes.
We believe that OSCE should more actively engage NGOs to implement humanitarian, environmental and economic tasks. Kazakhstan's experience in engaging about 50 domestic and foreign NGOs into working out recommendations under the agenda of OSCE High-level conference on tolerance in Almaty in June 2006 is ample evidence of fruitfulness of this kind of cooperation.
On the whole, however, there are some OSCE activities that do not require active participation of NGOs. For instance, compulsory participation of NGOs in all OSCE sessions on implementing the Treaty on Conventional Armed Forces in Europe does not seem reasonable.