Identifier
Created
Classification
Origin
05ALMATY1501
2005-04-14 09:36:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
US Office Almaty
Cable title:  

KAZAKHSTANI PARLIAMENT PASSES REGRESSIVE AMENDMENTS

Tags:  PGOV PREL KDEM PHUM PINR KZ POLITICAL 
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UNCLAS ALMATY 001501 

SIPDIS


STATE FOR EUR/CACEN (JMUDGE) and DRL/PHD (PDAVIS)

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PREL KDEM PHUM PINR KZ POLITICAL
SUBJECT: KAZAKHSTANI PARLIAMENT PASSES REGRESSIVE AMENDMENTS
TO ELECTIONS LAW


UNCLAS ALMATY 001501

SIPDIS


STATE FOR EUR/CACEN (JMUDGE) and DRL/PHD (PDAVIS)

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PREL KDEM PHUM PINR KZ POLITICAL
SUBJECT: KAZAKHSTANI PARLIAMENT PASSES REGRESSIVE AMENDMENTS
TO ELECTIONS LAW



1. (SBU) SUMMARY: During a joint meeting of both chambers
on April 8, the Kazakhstani Parliament passed a set of
amendments to the Elections Law that raise serious concerns
about the GOK's political will to support free and fair
elections. Although there are some amendments that appear
to be an attempt to address genuine shortcomings in the
current legislation, these positive moves are vaguely
drafted and create as many questions as they answer. The
majority of the amendments passed are distinctly at odds
with Kazakhstan's OSCE commitments. The most troubling
changes are severe limitations on rights of assembly and
free association during the pre-elections period and
burdensome eligibility restrictions for candidates, members
of election commissions, and parties joining electoral
blocs. These amendments appear to be the executive branch
response to recent events in the Ukraine and Kyrgyzstan. END
SUMMARY

THE VOTE
--------------

2. (SBU) The controversial Parliamentary vote came the day
after ODIHR released a stinging preliminary assessment of
the proposed amendments. OSCE reports that the assessment
was done at the request of pro-Presidential Asar party. The
amendments were drafted by the Ministry of Justice,
presumably at the initiative of the Presidential
Administration, and presented to Parliament by Minister of
Justice Onalsyn Zhumabekov. Given the heavily pro-
Presidential makeup of the Parliament, the debate was
remarkably divided, with Asar MPs reportedly sticking
together to oppose the measure. Several other
Parliamentarians, including Senator Zauresh Battalova (DCK)
and Serik Abdrakhmanov (Otan),Chairman of the Mazhilis'
International Relations, Security and Defense Committee,
publicly criticized the amendments as an undemocratic
infringement of citizens rights. Abdrakmanov was
particularly concerned about the restrictions on freedom of
peaceful assembly. Because breakout of the vote is not
publicly available, it is unclear how many Otan members
voted with Abdrakhmanov and how many voted with Speaker of
the Mazhilis Ural Mukhamedzhanov, who expressed strong

support of the amendments.

THE AMENDMENTS: THE SOMEWHAT GOOD...
-------------- --------------

3. (SBU) Several of the amendments received praise, albeit
faint, in the ODIHR assessment. One amendment establishes a
deadline of two days prior to an election for a candidate to
withdraw. Previously, a candidate could withdraw at any
time. ODIHR notes that the new deadline allows time for
notice to be disseminated to prevent wasted votes, although
the ODIHR assessment recommends that the deadline be
increased. ODIHR also praised two amendments to Article 49:
one provides a five day deadline for resolution of citizens'
and organizations' appeals regarding election violations,
the other provides a three day deadline for resolution of
appeals regarding decisions and actions of election
commissions and their members.


THE PROBABLY BAD ...
--------------

4. (SBU) Election Commissions: ODIHR recommended
clarification of an amendment to Article 10 that regulates
changes in the composition of the election commission. The
language, ODIHR notes, could be construed as either creating
an additional authority vested in the next election
commission in the chain of authority, or as creating an
additional procedural requirement that changes in election
commissions be approved by the next level election
commission. ODIHR tied this amendment to its previously
expressed concerns about opposition parties'
disproportionately low representation on election
commissions; Post shares those concerns.


5. (SBU) Voter lists: ODIHR criticized an amendment to
Article 24 empowering election commissions to register a
voter who had moved into a precinct in the interim between
the date the Central Election Commission (CEC) presents an
election list and the date of the election. Post agrees
with the ODIHR assessment that the amendment, as drafted,
has insufficient safeguards to ensure that voters cannot


register and vote in multiple districts. However, the
measure appears to be an attempt to address voter access
problems noted in ODIHR's September Mazhilis election
assessment. Post believes that the additional safeguards
proposed by ODIHR in its assessment, including recording
voter's ID cards on voter lists and assigning serial numbers
to precinct-issued voter certificates, would ensure a
reasonable amount of voter list accountability.


6. (SBU) Mobile Voting: ODIHR views the amendment expanding
access to mobile voting as ambiguous and contradictory to
current Kazakhstani legislation. For example, the amendment
provides for mobile voting for those living in remote
regions "where there are no electoral districts." The
amendment provides no measure of "remoteness," and ignores
the fact that every square meter of the country is assigned
to an electoral district and polling station.


7. (SBU) Financial Disclosure: Another provision in the
amendments would require candidates and their spouses to
provide financial disclosure statements. Given the role of
GOK financial police inspectors in partisan harassment, Post
agrees with ODIHR's recommendation that language be added to
the amendment to make it clear that the disclosure is for
public information purposes, not disqualification, and
cannot be used as the basis for any criminal or financial
investigations.

AND THE DEFINITELY UGLY
--------------

8. (SBU) Restrictions on Freedom of Assembly: The
restrictions on freedom of assembly and freedom of
association are the most troubling of these amendments.
From the day of the election until the official publication
of election results, rallies, demonstrations and other forms
of public gatherings, whether organized by candidates or
parties, are prohibited. There are separate prohibitions
against organizing and attending such gatherings. Post
agrees with ODIHR's assessment that these provisions are a
clear violation of the OSCE Copenhagen Document and that
freedom of peaceful assembly is a fundamental human right
guaranteed under international treaties signed by the GOK.


9. (SBU) Restrictions on Electoral Blocs: An amendment to
Article 87 that places additional requirements on electoral
blocs appears aimed at upcoming presidential elections, in
which several opposition parties have announced plans to
back a single candidate. Blocs will now be required to have
a coordinating council that operates under a formal written
agreement between the parties; the coordinating council
would be required to keep written minutes of its decisions.
The article may have been drafted in response to Ak Zhol
Chairman Baimenov's public criticism that the Coordinating
Council of Democratic Forces (including his former Ak Zhol
co-chairs Abilov, Sarsenbauily and Zhandosov) was holding
"back room" discussions among senior leaders that had not
been shared with the rank and file party membership. Post
shares ODIHR's concern that this legislation, while possibly
an attempt to do something positive, creates an opening for
GOK oversight of parties' and blocs' internal policies that
would be unacceptably intrusive.

COMMENT
--------------

10. COMMENT: Post-election events in Ukraine were watched
very closely in Kazakhstan, especially in light of the
previous year's events in Georgia. Although there were no
immediate, overt legislative responses, there was a marked
increase in harassment of pro-democracy NGOs through
administrative investigations, raids, and audits(reftel E).
The events in Kyrgyzstan, however, with media reports of
violence and looting, have been cited by some pro-
presidential politicians as justification for "protective"
measures restricting political rights, including rights of
assembly. The sloppy drafting could be a sign that some or
all of amendments were drafted hastily, in response to the
situation in Kyrgyzstan. Although it is likely that
President Nazarbayev will sign this legislation, there is
still a slight chance that he could be persuaded by his
daughter or others to reject the package. Post will
continue to support OSCE/ODIHR's engagement on this issue
and will look for opportunities to make our concerns known


to the GOK. END COMMENT


12. (U) Dushanbe minimize considered.

ASQUINO


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