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Introduction

Given the enormous ethnic diversity of Kazakhstan, the Almaty Helsinki Committee intends to focus more on the human rights situation of ethnic minorities. As an ethnic group who suffered deportation and forced-labour in the past, the German minority is since the last decade subject of high-scale emigration. It is, therefore, the purpose of that report to portray the current human rights situation of the German minority. The report will examine to what extent are they exposed to discrimination or refused basic human rights in sensitive areas of life. In conclusion, the report will point out how much this human rights reality affects the will to leave and what the future of the German minority in Kazakhstan will be like.
The terms for members of the German minority very much differ and are - to some extent - misleading: In the Kazakhstani sources they are called Germans. In German literature on the contrary, the term Russland-Deutsche (Russia Germans) is habitually used. In order to avoid misunderstandings, this report applies the term Ethnic Germans.
The report is predominantly based on interviews. Between the 5th of September and the 4th of October, interviews were conducted with: Mr. Alexander Dederer, President of the National Rebirth Association; Ms. Irina Fuchs, President of the Youth Association of Germans in Kazakhstan; Ms. Elvira Pak, Director of the Friedrich-Ebert-Stiftung; Mr. Joachim Baron von Marschall, Deputy Head of the German Embassy; Ms. Natascha Salipjatskich, Editor in Chief of the German Newspaper; Ms. Dr. Annegret Westphal and Mr. Markus Loida, respectively, in charge of the German Association for technical Cooperation. In the same time period, certain Ethnic German families in the Almaty Oblast were interviewed.
Statistical data was provided by the mentioned representatives including a diploma thesis by Alix Chambris, a post-graduated from France.

History of Ethnic Germans

Ethnic Germans residing in Kazakhstan have their roots in the Russian Volga region. Although German craftsmen used to live in ancient Russia of Ivan III, the most important migration of Germans was under the regency of Ekaterina the Great. When the Empress called on German peasants to cultivate the steppes alongside the river Volga in the 1760s, several thousands settled down there. Unlike Russian peasants, who predominantly lived in serfdom, German colonists enjoyed a wide range of rights and privileges such as tax exemption, self-government and the entitlement to maintain the own language.
Living in relative wealth and being loyal to the crown, the colonists were rarely affiliated to ideas expressed by Social Revolutionaries and Bolsheviks in the lead up to the revolutions of 1917. In the aftermath of the October Revolution, Ethnic Germans maintained significant autonomy in their Socialist Soviet Republic founded in 1924. By the end of the 1930s, the Volga Republic had approximately 600,000 inhabitants from which two in three were of German origin.
When German forces contravening to International Law attacked the Soviet Union in 1941, Germans were accused by Soviet authorities of collaborating with the enemy . Alike various other minorities (Greeks, Chechens etc.), the entire Ethnic German community was forcibly driven to places in Siberia and Kazakhstan. Forming the so called Trudarmija, they had to work in forced-labour-camps.
Due to official rehabilitation in 1964, thousands of Ethnic Germans repatriated to Germany since the 1970s. Since the fall of the Soviet Union in 1991 and the independence of its former Republics as its consequence, Ethnic Germans predominantly live in the Republic of Kazakhstan. Despite the openness expressed by the Kazakhstani people towards Ethnic Germans in general, the trauma of deportation and intimidation experienced under Stalinism still determines the relations of Germans towards other citizens and the state authorities, respectively.

Ethnic Germans in Kazakhstan

Statistical data on Ethnic Germans in Kazakhstan
Ethnic Germans in Kazakhstan predominantly live in the central Karaganda Oblast, the place of the former forced-labour-camps, and in the north and the east of Kazakhstan. In 1989, there were about 946,900 Ethnic Germans living in Kazakhstan. According to Mr. A. Dederer, president of the Rebirth Association, this number has fallen to 228,123 till January 2005 - which represents a share of slightly more than 1 percent of the entire Kazakhstani population. This decline is due to various forms of repatriation and emigration. In recent years, however, emigration rates have fallen.

Repatriation, Emigration and Remigration
Initiatives to return to the Volga region, their ancestors' homeland for more than 150 years, and to re-establish an autonym republic were disapproved by the then President of the Russian Federation, Boris Yelzin. However, a majority of Ethnic Germans in the whole CIS-Region were not keen to settle there. Nevertheless, a project to (re-)found a German village near Saint Petersburg was launched in the late 1990s. Highly subsidised by the German authorities, about a hundred Ethnic German villagers go on to live there. Individual attempts to resettle in the Russian Federation, however, were on many occasions not successful. According to certain cases known to the Rebirth Association, those arriving became occasionally subject to harassment and intimidations by envious neighbours and often returned to Kazakhstan.
Therefore, the most common destination for those leaving Kazakhstan is Germany. According to Article 116 GG (German Constitution) and other legislative provisions, persons will obtain the Citizenship of the Federal Republic of Germany while arriving as repatriated. That refers to persons from former republics of the Soviet Union and Eastern European states, respectively, that can prove German ancestry. Therefore, more than 700,000 Ethnic Germans from Kazakhstan have already moved to Germany.
Nevertheless, there are a small number of people that has frequently returned to Kazakhstan (e.g. 618 in 1998 and 503 in 1999 ).

Integration Problems in Germany
While moving to Germany, those repatriated quickly realised that it was much different to the place they expected and unlike their homes in Kazakhstan. Despite the enormous wealth and prosperity, life was not easier: parents ended up in second-class jobs and their children often performed badly in school due to poor German language skills; young people with such a migration background are more often affected by unemployment and affiliated to crime than others of the same age.

Changes in legislation in the Federal Republic of Germany
While the government in the end of the 1980s and the beginning of the 1990s, led by Christian-Democrats, still supported Ethnic Germans repatriating to Germany, the state policy changed very much in the mid 1990s. Given the enormous number of repatriated and the resulting integration problems, the government moved to a new policy. In 1997, the then Chancellor Helmut Kohl informed President Nazarbayev that Germany had no interest in repatriating those of German origin.
Since the early 1990s, several laws have been changed with the purpose to reducing the number of those coming to Germany: introduction of language tests in Germany, document requirements and limitation of the annual number of repatriated. The policy introduced succeeded in decreasing the annual number of repatriated from Kazakhstan from 94,082 in 1995 to 38,916 in 2001. The last legislative step taken was the new immigration law (in force since the 1st of January 2005) that demands significant command of German language tested in non-repeatable exams in Kazakhstan. It is believed to bring a further reduction to that annual number.

Aims of the German Government
The framework of actions taken by the GTZ (Association for technical Cooperation), which is sponsored by the German Ministry of Interior, is on the one hand aimed to ensure a far better cultural and language preparation for those still keen to come to Germany. On the other hand, it is the organisation's intention:
- to provide the former members of the Trudarmija (those affected by deportation and forced-labour) with care
- and to strengthen the will to stay among those still residing in Kazakhstan by improvement of living conditions.
Both aims are additionally ruled by the Agreement about cooperation to the support of citizens of German nationality in the Republic of Kazakhstan, signed between Germany and Kazakhstan in 1996 . Thereafter, article 2 provides a significant protection of the use of mother tongue, freedom of forming associations, freedom of religion and freedom of conscience. In contrast, article 5 of the agreement settles the basis of humanitarian relief for the Trudarmists.

Current aspirations and trends within the Ethnic German community
The personal plans and aspirations of the 228.123 still remaining Ethnic Germans very much differ which consequently affects the current trends on repatriation. According to a survey conducted in summer 2004, a considerable part still wishes to leave for Germany. Nearly the half (51.50 percent) of respondents expressed the wish to move to Germany. 59 percent have already applied at the German Consulate, while nearly a quarter (22.80 percent) of those application forms have already been rejected.
Although friends or family members occasionally live in Germany, 21.70 percent were indecisive about repatriation and 26.80 percent preferred to stay in Kazakhstan. There are various reasons for that attitude: Certain do not want to leave because for mentality reasons they favour the life in Kazakhstan. Others stated they preferred the place where family members have died and are buried. There is another group of people whose relatives are members of other ethnic groups who refuse emigration to Germany. The last group is not able to repatriate for either financial or legal reasons. On many occasions, they could not prove sufficient command of German language or were unable to provide necessary documents.

Conclusion
Whereas plans to resettle in the Volga-Region were turned down, more than 700,000 Ethnic Germans from Kazakhstan repatriated to Germany in the 1990s and the early 2000s. Due to immense integration problems, Germany constantly toughened laws to prevent repatriation. The GTZ has the aim to provide the former Trudarmists with necessary care. Moreover it intends to strengthen the will to stay among those still residing in Kazakhstan by improving living conditions. However, only half of Ethnic Germans intend to leave for Germany.

Concepts of nationhood

Scientific approach toward different concepts of nationhood
There are two very much differing theories about concepts of nationhood: The modern theory and the post-modern theory. Those concepts have an important impact on the life of state especially of those of ethnic diversity: it subsequently affects the shape of the constitution, legislation on citizenship and immigration and the degree of rights given to minorities, respectively.

Modern Theory
Also known as culture nation concept, this theory perceives the demos as ethnos. Due to that viewpoint, consanguinity, tradition and culture are of great importance. The statehood in form of the nation state is, therefore, the outcome of this homogeneity. It is being considered as self-realisation of the people. As a result, exterior sovereignty is absolute.
Nation states in accordance with that concept tended to name a titular nation in their legal texts, whereas citizenship is exclusively based on the ius sanguinis (right of blood) principle. More over on many occasions, ethnic minorities do not enjoy special rights in order to preserve their language, culture and traditions, but are rather under pressure to fully assimilate.

Post-modern Theory
In contrast, the second theory - also known as state nation concept - focuses on the state as result of a social contract with and among its people. The decision of membership in that commonwealth is consciously articulated. The state subsequently obtains its legitimacy by the fulfilment of rights and freedom, while integration of the individual depends on the existence of democratic mechanisms and institutionalisation to ensure full participation (in all domains: polity, economy and civil society). Moreover in recent years, states lost their absolute exterior sovereignty. Due to various international treaties, the former domaine reserve has been partly internationalised (e.g. human rights protection, ICC statute).
Famous states of that shape are the USA, Australia, Switzerland and Belgium whose citizens form a destiny community that is of importance to the raison d'etat (e.g. immigration or independence from alien supremacy). They deny the existence of a titular nation, whereas they predominantly apply a combination of ius soli and ius sanguinis.

German move towards the post-modern concept
While being linked with the culture state concept for more than eight decades, Germany moved towards a post-modern state concept in recent years. According to the former citizenship law (in force since 1913) and other legislative provisions, a German citizen is either child of German parents or can alternatively prove German ancestry. Ethnic Germans from CIS countries, therefore, could very easily be repatriated. In contrast, children of Italian, Yugoslavian or Turkish workers that were even born in Germany were not given German citizenship although they much more did identify with Germany than those from the CIS-region. Due to that fact, the citizenship law was changed in 2000. It is now based on a combination of the ius soli and ius sanguinis, while the entry requirements for Ethnic Germans from CIS countries were toughened up.
These legislative changes have to be interpreted as a withdrawal from the former understanding of nationhood. Moreover, ethnic minorities in Germany enjoy a wide range of rights and freedoms. Especially indigenous minorities, Ethnic Danish, Sorbs and Friesians, are very much privileged. In their regions, kindergartens and schools are run in two languages which consequently make the people bi-lingual. In the bundesland of Schleswig-Holstein, the fife-percent barring clause for parliamentary elections has been abolished for the political party of Ethnic Danish . This party, therefore, holds some seats in the state parliament of Schleswig-Holstein.
Conclusively, German citizens of other ethnic origin are very much integrated and are only rarely exposed to forms of discrimination. However, more effort need to be taken to improve the integration results of certain immigration groups (Turkish and Ethnic Germans from CIS countries).

Current nationhood concept in Kazakhstan
Being a very young state, the Republic of Kazakhstan has not yet clearly decided which nationhood concept it pursues. Given its very ethnic and religious diversity, the young state ought to concentrate on a concept based on the post-modern theory.
According to article 14, paragraph 1, of the Constitution of Kazakhstan, which came into force on the 5th of September 1995, "everyone shall be equal before the law and court". However, the official declaration of the Kazakh people as titular nation and the prioritisation of Kazakh language has been a subject of constant criticism by members of ethnic minorities. Although Kazakhstan is legally bound by the Agreement about cooperation to the support of citizens of German nationality in the Republic of Kazakhstan (signed with Germany in 1996), Ethnic Germans (like members of other ethnic groups) go on to feel second-class citizens. A concerning number of members of ethnic minorities does not consider themselves as citizens of Kazakhstan but as Germans, Russians, Ukrainians or Tatars etc. According to a survey conducted in summer 2004, only 48 percent of Ethnic Germans affirm a patriotic link with Kazakhstan, whereas 18 percent deny that. In contrast with Germany, only 12 percent deny a patriotic link, while 48 percent affirm it.
This perception is also due to legal provisions in Germany and other countries that still allow repatriation. According to the Statistic Agency of Kazakhstan , 24 percent of Tatars, 28 percent of Russians, 30 percent of Ukrainians and 64 percent of Germans left Kazakhstan in the first decade since its independence. This exodus hindered members of ethnic minorities to fully identify with the country and its state.
Restrictive changes in German legislation regarding repatriation might surely enhance the feeling of patriotism for Kazakhstan among Ethnic Germans. Without the option to leave their country they are forced to identify with their fatherland. It equally permits the Kazakhstani Government to increase efforts to full integration in the long term.

Seeking for state legitimacy
As for all countries in Central Asia, the borders of Kazakhstan were very arbitrarily set in early Soviet time. There was no vital Kazakhstani state in ancient times. Therefore, the state still searches for what to base the state legitimacy on. In the mid-1990 under the regime of Nazarbayev, Kazakh nationalism appeared. It was the tendency's aim to put Kazakh language, traditions and values first in order to proclaim a titular nation, which very much alienated members of other ethnic groups. Kazakh nationalists declare this policy was necessary to create a new self-conception for a people that suffered more than a century alien supremacy, oppression and russification by Russian rulers.
Nevertheless, Kazakhstan was a place of misery not only to Kazakhs but also to members of other ethnic groups. In Soviet history, Kazakhstan became a preferred destination for deportation. Thereafter, more than one million people were forcibly sent here for political, social or ethnic reasons. Many of those still suffer of health problems as a result of forced labour.
The people of Kazakhstan subsequently form a community of destiny that might allow basing the state legitimacy on. Due to that fact, the state authorities should establish a common culture of commemoration on places of oppression and injustice in the past.
Nevertheless, the state has already taken constructive steps: In this context, the exhibition of Kazakhstani ethnic groups in the National Museum should be acknowledged. It contains some comments on the history, photos, traditional costumes and everyday-life items. Moreover on state holidays traditional dances, songs or other performances are staged by members of ethnic minorities. Therefore, there are significant attempts to presents ethnic minorities on an equal level.
However, the purpose and the methods should be questioned. Firstly, an interpretation of those initiatives as a conscious move towards the post-modern nationhood concept is very doubtable. These initiatives might rather be understood as an attempt to keep the country calm and stable as well as showing good will to the minorities' motherlands - Russia, Germany etc.
Secondly, the methods and means are not satisfying: it is not enough to concentrate only on superficial particularities (dances, costumes and everyday items), whereas the minorities' values and morals are constantly neglected. Since the political elite proclaimed the clan-based velvet authoritarianism as rooted in Kazakh traditions, minority groups should be invited to participate in a challenging competition for the most suitable political system.
As this point is a matter of political representation and participation, it will be discussed in the following chapters.

Conclusion
As long as Germany considered itself as a culture nation, Ethnic Germans were hindered to fully recognize the young state of Kazakhstan as fatherland. Germany's recent move towards the state nation concept might facilitate Kazakhstan to make its numerous minorities feeling as Kazakhstanis. The proclamation of a Kazakh titular nation, however, alienates members of ethnic minorities. Building the state legitimacy on the common destiny in history, would be a constructive step towards full integration. Thereafter, a common culture of commemoration of oppression and injustice should be established. Additionally, members of ethnic minorities should be enabled to bring their values into the competition for the most suitable political system.

Legal equality in social and professional life

Legislative provisions
Enshrined in article 1, paragraph 1, of the Constitution of Kazakhstan, which came into force on the 5th of September 1995, "the Republic of Kazakhstan proclaims itself a democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms." According to article 14, paragraph 1 "everyone shall be equal before the law and court". Moreover the Constitution prohibits any form of discrimination, as paragraph 2 point it out. "No one shall be subject to any discrimination for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence or any other circumstances." In addition, the Republic of Kazakhstan is bound under the Helsinki Final Act, signed in 1975, and other treaties to abolish any form of discrimination. However, the norms of constitutional and treaty law alike are very poorly exercised by the administration.

Prioritising Kazakh language
On many occasions, Ethnic Germans like members of other minorities express fear to become subject of discrimination on the ground of their language. As the Kazakh people is proclaimed titular nation, Kazakh is official language. Though only a minority of 40 percent, predominantly in rural areas, speak Kazakh, whereas 75 percent are Russophone. Applicants to middle or high rank positions in the administration consequently have to prove good command of Kazakh.
Although, such a requirement might be legitimate in a state, it regrettably avoids transparency and proper allocation of labour. It is subsequently simple for senior officers to promote members of their families to the administration. Members of ethnic minorities such as Russians, Germans or Koreans and even many of Kazakhs do not meet the language requirements and will not be chosen although they might be equally or even better educated. This misallocation of labour does not only lead to inefficiency in the administration but equally alienates significant parts of the Kazakhstani population. It led them to feel second-class citizens, which consequently counteract the President's plan of a nation based on unity.
The Rebirth association in Kokschetau, therefore, took the initiative to provide language courses in Kazakh. Furthermore, the Rebirth associations in Karaganda and Pawlodar confirmed the demand for such language courses but could not provide those for financial reasons.

Corruption and clan-based nepotism
In Kazakhstan, whose political life and significant parts of the economy are controlled by a very tiny clan-ruled elite, corruption and nepotism is widespread. According to the Transparency International CPI 2004, Kazakhstan is placed on country rank 122 together with six other countries - out of 146 countries ranked. Nearly every part of civil life is marked by bribery and nepotism: police, courts, health care, education, telecommunication etc.
As said by Peter Eigen, head of Transparency International, wealthy people are less victimised by corruption than poor due to its larger financial base. Since rich people in Kazakhstan predominantly originate the Nazarbayev clan, members of Ethnic minorities have more often to take the burden of ineffectiveness and additional costs to the economy as a result of corruption.
The dimension of large scale corruption and unlawful influence by the state authorities illustrates the recent Wegelin case. Having been repatriated to Germany, Mr. Wegelin has the German citizenship. For business he returned to Kazakhstan where he runs a lucrative wine company. In spring 2005, he was imprisoned. He was accused of tax fraud although he was not put on trial for the whole time of his imprisonment despite criticism by the German Consulate. Mr. Wegelin was eventually freed in the end of September 2005. The case given is a concerning example of the state's attempt to protect clan interests in the private sector.
The corruption reality affects the will to stay of Ethnic Germans in Kazakhstan in a negative way. Known that bribery and nepotism is much less common in Germany, they might choose repatriation. Nevertheless, those preparing for leaving the country are often hindered to sell their property. On many occasions, local authorities refuse them necessary documents unless bribes are paid .

Social situation
Despite the nuisances they face, the education level and the resulting income (or financial situation) might be slightly over the national average. On the one hand it is a consequence of the higher level of urbanisation among Ethnic Germans; on the other hand it might be a result of initiatives taken by Germany: The GTZ annually provides 320 apprenticeship placements to prospective professions (IT, accounting, mechanics and gastronomy) . Additionally, the German University is partly subsidised by the German authorities and entrepreneurs can obtain helpful assistance by the German-Kazakh Business Association.
Elderly people within the Ethnic German community, often former members of the Trudarmija, receive most of care by the GTZ:
- food or warm meals (ca. 13,500 units annually)
- free health care (ca. 15,000, cures, glasses and hearing aids)
- German Red Cross care packets twice a year

Conclusion
Despite legal provisions in constitutional and international treaty law alike, Ethnic Germans are occasionally placed at a disadvantage or even feel discriminated against. Due to the proclamation of a Kazakh titular nation, Kazakh language experienced a renaissance. Applicants to middle or high rank positions in the administration consequently have to prove good command of the new official language. Members of ethnic minorities such as Russians, Germans or Koreans and even many of Kazakhs do not meet the language requirements and will not be chosen although they might be equally or even better educated. This facilitates intransparency and nepotism. If there is a consensus throughout the society on prioritising Kazakh language, teaching in that language should be increased at state schools and universities in order to make the students becoming bi- or trilingual. In case there is no such consensus, language requirements should be abolished.
In addition, corruption and nepotism primarily affect Ethnic Germans and members of other national minorities in Kazakhstan. In Kazakhstan, whose political life and significant parts of the economy are controlled by a very tiny clan-ruled elite, nearly every part of civil life is marked by bribery and nepotism: police, courts, health care, education, telecommunication etc. According to Transparency International, wealthy people are less victimised by corruption than poor due to its larger financial base. Since members of Ethnic minorities do not originate the wealthy Nazarbayev-clan, they have more often to take the burden of ineffectiveness and additional costs to the economy as a result of corruption. However, due to support by Germany and German associations, Ethnic Germans especially those who served in the Trudarmija, enjoy a slightly better social situation than members of other ethnic minorities.

Self-representation throughout the society

When Michail Gorbatshov introduced the Perestroika in 1985, conditions for self-determination as Germans improved and first local Rebirth Associations were created. Several congresses and meetings in the 1990s strengthened the ties between different organisations on different levels. The framework of institutions representing Ethnic Germans in Kazakhstan now consists of following organisations:
- The national Rebirth Association headed by its president Mr. Dederer with its numerous branches on the oblast and local level
- German-Kazakh Business Association
- The Youth Association of Germans in Kazakhstan, established in 1996 and headed by Irina Fuchs
- The German University in Almaty
- German Theatre in Almaty
- Various religious groups founded or attended by Ethnic Germans
- The German Newspaper (Allgemeine Deutsche Zeitung)

Whereas both the Rebirth and the Business Association have a rather representative function, the Youth Association, the German University and the German Theatre carry out an important work in the field of education and culture, respectively.
The Youth Association is in charge of language courses, apprenticeships and computer clubs and regularly organises seminaries on social work, work shops, language camps and festivals.
Ensuring a first-class university education, the German University offers courses in Humanities, Economy and various Engineering studies. It is attended by Ethnic Germans, other Kazakhstanis and foreign students alike. Students are obliged to pay monthly tuition fees. The German Theatre stages plays in German language.
All these institutions are subsidised by German authorities, other German associations and the Kazakhstani state alike. In conclusion, Ethnic Germans very much enjoy their constitutional right "to freedom of forming associations", enshrined in Article 23 paragraph 1. There is no case of unlawful interference by the authorities.

Conclusion
As far as the various Ethnic German institutions and associations are concerned, the constitutional right "to freedom of forming associations", enshrined in Article 23 paragraph 1, is guaranteed. According to the Rebirth Associations, the German-Kazakh Business Association, the Youth Association and other organisations, there is no case of unlawful interference by the authorities. Together with the Federal Republic of Germany, the Kazakhstani state even sponsors these associations.

Political representation

Local or regional self-governing bodies
Being a unitary state, Kazakhstan has just slightly shifted power to lower ranks in the administration. There are, however, self-governing structures on the local level and in the oblasti. During the 1980s Ethnic German majors headed villages that were predominantly of German population. Given the immense exodus of Germans in the 1990s, Ethnic Germans live scattered in their regions. As a result, there is no area where Ethnic Germans have the majority (not even the relative majority). Self-governing structures in charge of education (schools and kindergartens) and healthcare like the Germanophone Community of Belgium are subsequently not feasible. In the central, eastern and northern parts of Kazakhstan, however, certain Ethnic German politicians are members of the akimat, the self-governing body of the oblasti.

Parliament
There is no party existing that represents the Ethnic Germans in Kazakhstan . Given that 67 members of the 77-seat lower chamber of parliament (Majilis) are directly elected by the-first-gets-the-post system, it would be highly unlikely that a politician running for a less than two-percent-strong minority would top the poll. Although the remaining ten deputies are elected "on the basis of the Party Lists according to the system of proportional representation and in the territory of a unified national constituency" , an Ethnic German candidate would probably not become elected.
As parliamentary elections are accompanied by fraud, hindering, vote buying and intimidation, the OSCE on many occasions criticised that they would not meet international standards. Furthermore in the recent past, rights of the parliament were reduced, while considerable legislative power was transferred to the President. The parliament is, therefore, not an ideal place for minorities to have their rights defended.
Nevertheless, two Ethnic Germans are members of the Senate, the 49-seat upper chamber of parliament. Eugen Aman was (re-)elected senator of the oblast he represents, whereas Viktor Kist is a President's appointee among six other members of Senate. This appointment has to be interpreted in two senses: On the one side, the President might have understood the necessity to make Ethnic Germans significantly represented. On the other side, Senator Viktor Kist is very much criticised by Mr. Dederer and other representatives for his far too conformist standpoint towards the president's velvet authoritarianism. During the rebellion for faster democratisation headed by the then Prime Minister Tokaev in 2001, Mr. Kist and his Karaganda rebirth association took a very reactionary stance which consequently led to his appointment as senator.

Assemblea
The most appropriate institution for Ethnic Germans to have their interests defended, nevertheless, is the Assembly of all Peoples (Assemblea). Representatives of the Rebirth Association hold among other minorities seats in this institution that is headed by the President. There, ethnic minorities are permitted to address the president on matters regarding their legal situation. However, the Assemblea does not possess any legislative power but simply embodies a consultative institution. Members have the right to lobby for amendments improving the situation of minorities. This would need the President's approval to be introduced in parliament.

Draft law on national and ethnic minorities
The draft law which was suggested by Mr. Dederer and other representatives of the Rebirth Association in 1998 seeking an improvement of the situation of ethnic minorities was disapproved by the President. Apart from sensible articles, the draft law contained very disputable provisions. Thereafter, members of national or ethnic minorities should be given equal representation in the national parliament. On top of that, akimati of those minorities should be established as self-governing bodies on state expense. Whereas the first might be reasonable and easily feasible by replacing the first-gets-the-post system by proportional representation in parliamentary elections, the second is not realistic. The plan to establish local self-governing bodies would not only lead to a withdrawal from Unitarianism enshrined in the Constitution but would not meet the demographic realities. Apart from Ethnic Russians in the north and Kazakhs in the south, there is no minority that entirely populates a large area.

Conclusion
In the Republic of Kazakhstan, effective political representation of Ethnic Germans is on a concerning low level. Apart from the toothless Assembly of Nations, there is no significant participation. This is due to the low level of democratisation and devolution, the poor conformity of elections with international standards and the current election system. In recent years, significant power has been shifted to the President, whereas the process of power transfer to local and oblast authorities was delayed. Kazakhstan should, therefore, increase the rights of the parliament and speed-up devolution. As parliamentary elections are accompanied by fraud, hindering, vote buying and intimidation, the OSCE on many occasions criticised that they would not meet international standards. Moreover, the current the-first-gets-the-post system in general elections hinders members of ethnic minorities to become members of the parliament's lower chamber. In order to make ethnic minorities better represented, the current election system should be replaced by proportional representation.

Right of use and protection of the own language

Despite their self-determination as Ethnic Germans, the overwhelming majority of them do not speak German but are Russophone. According to the 2004 survey , only 8.20 percent of respondents have a very good command of German or a German dialect. The number of those still practising German as mother tongue is neglectable. This is due to various reasons:
Firstly, it is based on changes in generation. Most of those born in the Volga Region and speaking German as mother tongue might be in the age of 70 and older. A lot of them have already died. During Stalinism, they were not permitted to speak German. Consequently they very rarely taught their children German, especially if they were married to Russophones. Secondly, a large numbers of those having a good command of German have already left for Germany.
Moreover, the teaching conditions for German dramatically changed in recent years. While in the late 1980s about 500 schools/ classes were German, the number has fallen to five where teaching takes place exclusively in German. This change is correlated with the exodus of about 700,000 people in the 1990s. Although the GTZ provides 1,770 language courses (free of charge) in German that are attended by 26,500 participants each year, the number of Germanophones could neither be increased nor maintained in the last years. The vast majority of those participating in the courses will eventually leave for Germany.
On the other side it is initially a failure of the Kazakhstani State that undertakes very little to preserve the rich variety of different languages in the Republic of Kazakhstan. The Kazakhstani Government should take steps to improve the level of German language within the Ethnic German Community, according to the provisions of the Agreement signed with the Federal Republic of Germany, dating from the 1996, respectively.
Despite this criticism, the use of German is permitted and supported by the Kazakhstani authorities.

Conclusion
The German language enjoys a full right of use as result of constitutional provisions and bi-lateral treaty with Germany, respectively. Efforts to improve the germanophonie in Kazakhstan are nearly exclusively taken by the Germany that annually offers language courses for 26,500 participants. Nevertheless, the command of German language throughout the country has dramatically fallen, due to mixed families and large-scale repatriation. For this reason, the Kazakhstani state should undertake much more to preserve the rich variety of different languages.

Freedom of speech and free media

The only considerable newspaper of the German minority is the weekly German Newspaper (DAZ) first printed in 1966. Unlike other newspapers, the DAZ is not fully independent as it is run by the Rebirth Association taking advantage of tax exemption. Both editors in chief are paid by a NGO in Germany called IFA. Unpaid interns from Germany, Switzerland and Austria regularly write for the newspaper. The remaining members of stuff are employees on expense of the newspaper budget.

Indirect censorship by budget dependence
The budget consists of subscription fees and state subsidies. The latter annually amount to Tenge 4,500,000. In exchange for those payments the newspaper is obliged to give monthly notice to the authorities. Those newspapers receiving such subsidies are bound to report at least on 30 percent of their Russian articles. These articles have to highlight uncritically the achievements of the President and his administration. The newspaper is, therefore, obliged to report for instance on visits of the President, his promises to his people or achievements in the building sector. Any critical approach in articles would jeopardy the subsidies which are an important element to the newspaper's budget.
This practice seriously questions the legal provision made by Article 20 paragraph 1 of the Constitution. Thereafter, the "freedom of speech and creative activities shall be guaranteed [and] censorship shall be prohibited". Although granting an organisation for carrying out a service might be legitimate, the fact of being supervised by the authorities does sincerely undermine the independence of journalism and has to be regarded as indirect censorship. This lack of freedom of expression and independence of the media is a considerable matter of concern.
Nonetheless, as far as the German articles are concerned, the editorial office enjoys a relative freedom to critical journalism. On the one side, this is due to a poor command of German language within the authorities which also leads to a lack of interest. On the other side, the Germanophone editors of those articles are less frightened by repressive measures as they would possibly not become a subject of intimidation.

Conclusion
Despite the fact that intimidation and repression against critical journalists are common in Kazakhstan, the DAZ (the weekly German Newspaper with a circulation of 1,500 exemplars) has not yet become subject of those measures. The German articles even prove a very high level of criticism against the velvet authoritarianism. Through budget dependence, however, censorship is indirectly exercised. In order not to jeopardy state subsidies, Russophone editors are obliged to report in conformist way. The state should refrain from such a concerning practise and subsidise the newspaper without extra conditions.

Freedom of religion and freedom of conscience

Freedom of religion
Article 19 paragraph 1 of the Kazakhstani Constitution declares that everyone "shall have the right to determine and indicate or not to indicate his national, party and religious affiliation." Despite the latter entitlement, there is no such article existing that exclusively refers to the freedom of religion and freedom of conscience as in other constitutions .
Nevertheless, those who consider themselves as religious are free to perform their religious rites. Nearly 80 percent of Ethnic Germans in Kazakhstan are Protestants: Lutherans, Baptists, Adventists and Mennonites. In their churches, the service is normally held in German language. Moreover, there are members of the Russian Orthodox Church, the Catholic Church and of Jehovah's Witnesses. According to the Rebirth Association, there is no interference by the state authorities, neither is there any state-sponsorship. The churches are independently financed. On many occasions, the protestant churches receive financial support by churches in Germany or the USA. They are headed by a council based in Astana running its own theologian institute.
In recent time, churches are heavily affected by loss of members through repatriation. However, these churches become increasingly attended by Ethnic Russians.

Freedom of conscience
Due to the lack of freedom of conscience mentioned in the Constitution, the legal status of objectors of conscience has not yet been clarified in Kazakhstan. Those who object military service (under conscription) for religious or ethical reasons face imprisonment or occasionally ill-treatment by the security forces. Although objection of conscience in other countries usually applies to members of the Christian Churches, there is no such case known to the Rebirth Association involving a young Ethnic German. Objectors of conscience in Kazakhstan predominantly originate the religious group of Jehovah's Witnesses.
There might be two important reasons for which young Ethnic Germans as well as other young people refrain from confrontation with the authorities over the conscription issue:
The first might be the high risk of imprisonment or ill-treatment. The second lies in the implementation of the draft code itself: Students are exempted from serving in the armed forces during their education. Conscription, consequently, rather affects less educated young people. In addition, the high level of corruption within the state authorities creates an ideal opportunity to get rid of the draft obligation. While paying a certain amount of money to representatives of the conscription services, young people may be exempted from military service.

Conclusion
Ethnic Germans that are members of Christian churches can freely practise their belief, despite the constitutional lack of an exclusive freedom of religion. The German churches very much hit by the large-scale repatriation in previous years and rely on financial support by other churches. As far as the freedom of conscience is concerned, the lack of constitutional provisions might affect objectors of conscience. By now, there is no such case known involving a person that originates the Ethnic German community.

Conclusion and recommendations

Despite previous expectations, the German minority is not exposed to human rights violations in sensitive areas of its cultural life such as: the free use of language, freedom of religion and the freedom of forming associations. According to the Rebirth Associations, no case of unlawful interference or repression is known. The use of the German does not face restrictions. It is guaranteed by the Kazakhstani Constitution and an Agreement with Germany, respectively. Efforts to improve the germanophonie in Kazakhstan are nearly exclusively taken by the Germany that annually offers language courses for 26,500 participants. Nevertheless, the command of German language throughout the country has dramatically fallen, due to mixed families and large-scale repatriation. For this reason, the Kazakhstani state should undertake much more to preserve the rich variety of different languages. The existing freedom of religion is equally overshadowed by membership decline in German speaking churches due to emigration. It is therefore the aim of the Rebirth Association and its Youth organisation, the German-Kazakh business association as well as the German Theatre to strengthen the cultural self-confidence and the stance of Ethnic Germans in Kazakhstan. They are given financial support and privileges by Germany and the Kazakhstani state alike. Nevertheless in the medium-term, they have to cope with decreasing financial support by Germany that favours budget autonomy for these organisations.

Control of press
Despite the fact that intimidation and repression against critical journalists are common in Kazakhstan, the DAZ (the weekly German Newspaper with a circulation of 1,500 exemplars) has not yet become subject of those measures. The German articles even prove a very high level of criticism against the velvet authoritarianism. Through budget dependence, however, censorship is indirectly exercised. In order not to jeopardy state subsidies, Russophone editors are obliged to report in conformist way. The state should refrain from such a concerning practise and subsidise the newspaper without extra conditions.

Latent discrimination
Despite legal provisions in constitutional and international treaty law alike, Ethnic Germans are occasionally placed at a disadvantage or even feel discriminated against. Due to the proclamation of a Kazakh titular nation, Kazakh language experienced a renaissance. Applicants to middle or high rank positions in the administration consequently have to prove good command of the new official language. Members of ethnic minorities such as Russians, Germans or Koreans and even many of Kazakhs do not meet the language requirements and will not be chosen although they might be equally or even better educated. This facilitates intransparency and nepotism. If there is a consensus throughout the society on prioritising Kazakh language, teaching in that language should be increased at state schools and universities in order to make the students becoming bi- or trilingual. In case there is no such consensus, language requirements should be abolished.
In addition, corruption and nepotism primarily affect Ethnic Germans and members of other national minorities in Kazakhstan. In Kazakhstan, whose political life and significant parts of the economy are controlled by a very tiny clan-ruled elite, nearly every part of civil life is marked by bribery and nepotism: police, courts, health care, education, telecommunication etc. According to Transparency International, wealthy people are less victimised by corruption than poor due to its larger financial base. Since members of Ethnic minorities do not originate the wealthy Nazarbayev-clan, they have more often to take the burden of ineffectiveness and additional costs to the economy as a result of corruption. However, due to support by Germany and German associations, Ethnic Germans especially those who served in the Trudarmija, enjoy a slightly better social situation than members of other ethnic minorities.

Poor political participation
In the Republic of Kazakhstan, effective political representation of Ethnic Germans is on a concerning low level. Apart from the toothless Assembly of Nations, there is no significant participation. This is due to the low level of democratisation and devolution, the poor conformity of elections with international standards and the current election system. In recent years, significant power has been shifted to the President, whereas the process of power transfer to local and oblast authorities was delayed. Kazakhstan should, therefore, increase the rights of the parliament and speed-up devolution. As parliamentary elections are accompanied by fraud, hindering, vote buying and intimidation, the OSCE on many occasions criticised that they would not meet international standards. Moreover, the current the-first-gets-the-post system in general elections hinders members of ethnic minorities to become members of the parliament's lower chamber. In order to make ethnic minorities better represented, the current election system should be replaced by proportional representation.

The facts described affect members of national minorities equally. Nevertheless, the impact on the German minority is more concerning. It is the only minority in Kazakhstan that was allowed large-scale and nearly unlimited immigration to the West for more than a decade. During the 1990s and the early 2000s, approximately 700,000 Ethnic Germans left for Germany, 70 percent of the former minority. Those repatriated left for various reasons, among those the economic but also the political and legal situation in Kazakhstan. The Federal Republic of German, however, toughened laws to prevent repatriation in recent years. Germany, therefore, moves towards a post-modern concept of nationhood that puts the state first and which ignores common culture and consanguinity.

A real chance for Kazakhstan
Kazakhstan could take advantage of this change. It should take the aim to enhance the feeling of Kazakhstani citizen among Ethnic Germans. Without considerable reforms for more democracy, rule of law and transparency the Nazarbayev-regime will eventually fail to make those who still intend to leave (more than 100,000 among Ethnic Germans) staying. Kazakhstan should there take the advice of numerous NGOs to set up an open and pluralist Democracy in addition to a modern market economy. It will be necessary to give up the controversial notion of the titular nation. The legitimacy of the young state should rather be based on the common destiny that was experienced by considerable part of the Kazakhstani people in history: oppression, deportation and forced-labour. One owes that the millions of victims - including the still suffering trudarmists. include "footer-1.html"; ?>