KAZAKHSTAN: AMB. MINIKES' MEETING WITH HUMAN RIGHTS

UNCLAS ALMATY 001720

SIPDIS


STATE FOR EUR/CACEN (JMUDGE),EUR/RPM, DRL/PHD (PDAVIS),
DRL/IRF (NHEWETT)

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PREL KIRF PHUM KZ POLITICAL
SUBJECT: KAZAKHSTAN: AMB. MINIKES' MEETING WITH HUMAN RIGHTS
ACTIVISTS



1. (SBU) SUMMARY: In an April 25 roundtable, Kazakhstani
human rights activists described for Amb. Minikes a rapidly
deteriorating environment in which the GOK is implementing a
series of troubling pieces of legislation designed to
increase state control over society. With one exception,
they believed that Kazakhstan did not deserve to be selected
as OSCE Chairman in Office in 2009. One participant claimed
that the GOK's repressive tactics have already strengthened
the opposition. END SUMMARY.


2. (U) During a visit to Kazakhstan to discuss the GOK's
bid for the 2009 OSCE chairmanship, Ambassador Stephan
Minikes held a roundtable discussion of human rights issues
on April 25 in Almaty with Ninel Fokina of the Almaty
Helsinki Committee; Roman Podoprigora, Adilet Law School;
Tamara Kaleyeva, President of Adil Soz (International
Foundation for Protection of Speech); Oleg Katsiyev,
Director of Internews; Maria Pullman of the Kazakhstan
International Bureau of Human Rights (KIBHR); Dos Kushim,
head of the Republican Network of Independent Monitors; and
Vera Tkachenko of Prison Reform International. The
Ambassador and POEC chief (notetaker) also participated.


3. (SBU) Amb. Minikes kicked off the conversation by
explaining that he was in Kazakhstan to discuss the GOK's
bid to chair the OSCE in 2009. He noted that while the
formal decision will be taken at the December 2006
ministerial, in reality the decision-making process needed
to begin now. Postponement of the bid might be an option.
Although it might be beneficial from a strategic perspective
for Kazakhstan to have the chair, such a decision should
only be reached if it could be justified in the context of
the organization's principles. The CiO is a significant
responsibility which requires the country to lead by
actions, not just words.

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Adherence to OSCE Commitments
--------------


4. (SBU) Fokina commented that in all of its reports over
the past four years, the Almaty Helsinki Committee had
described a worsening human rights situation in Kazakhstan.
The deterioration was now escalating into an "avalanche" of
new problems. Fokina claimed that the legislative system
has been severely damaged, with human rights principles
having been replaced by national security concerns and
expediency. She noted that a package of amendments to 11
laws aimed at increasing national security, put forward in
response to events in Kyrgyzstan, would infringe on the
right to privacy, inviolability from search, free speech,
freedom of movement, and freedom of association. Fokina
added that troubling amendments to the law on state secrets
and the law on martial law were also in the works. The
draft law on NGOs and non-commercial organizations announced
April 20 was copied from the "Uzbek model."


5. (SBU) Podoprigora, an expert on religious freedom issues,
echoed Fokina's negative assessment. He stated that the
situation had deteriorated considerably in recent years,
both due to problematic legislation and increasing GOK
supervision of religious activities. The GOK uses the
excuse of the need to fight radical Islam for these changes,
but in reality applies the measures to a wide range of law-
abiding religious groups. The package of draft national
security amendments would require registration of religious
organizations and limit missionary activities; it also
contained troubling provisions regarding the religious
education of children and the suspension or liquidation of
religious organizations.


6. (SBU) Kaleyeva noted that the GOK is attempting to
strengthen the law on media to its own advantage. Pressure
on the media is increasing through GOK moves to bankrupt
certain outlets and set up newspapers with almost identical
names to independent media. Kaleyeva told Amb. Minikes that
while the GOK claims there are eight independent papers in
Kazakhstan, Adil Soz believes there are only four. She
described the recent arrest of Respublika editor Irina
Petrushova in Moscow as a GOK pressure tactic.


7. (SBU) Tkachenko voiced concern about the draft law on
NGOs and non-commercial organizations announced April 20; as


written, it would result in "total GOK control" of civil
society. It would require international organizations to
function only through registered branch or representative
offices. These offices would have to be headed by
Kazakhstani citizens. Local NGOs would require the
permission of local authorities to receive funding from
international organizations. Finally, Tkachenko noted, NGOs
and NCOs would be required to notify local authorities of
their activities, including participant names, ten days
before every event. Tkachenko noted that it was not clear
whether the legislation would pass; some deputies had
already spoken out against it.

--------------
Kazakhstan's CiO Bid
--------------


8. (SBU) Tkachenko noted that recent GOK actions cast doubt
on Kazakhstan's suitability to be the OSCE Chairman in
Office. Katsiyev commented that it would be nave to expect
the GOK to implement serious reforms if it were selected
CiO. The exact opposite would happen: the GOK would
announce that Kazakhstan had been chosen because it met
international requirements and enjoyed the full confidence
of the OSCE. Katsiyev added that the CiO bid is not
important to Nazarbayev; his primary goal is to preserve his
own power. Kaliyeva observed that giving Kazakhstan the
chairmanship would be akin to "forgiving all its sins, when
the biggest sins are yet to come." Pullman reasoned that if
observance of OSCE standards is a criterion for the CiO bid,
it is not even possible to discuss Kazakhstan receiving the
CiO under present circumstances.


9. (SBU) Kushim was the only member of the group who
supported Kazakhstan's CiO bid. He stressed that the
chairmanship would be an honor for the country, not for the
President. Kazakhstan deserves to be recognized for the
fact that it has made more progress than all other Central
Asia countries. Kushim acknowledged that the situation was
far from ideal, however; he noted that the GOK's efforts to
strengthen its hold on power had actually had the unintended
consequence of increasing the size of the opposition. One
example was the students that RNIM sent to Ukraine to
observe elections there. When they returned they were
investigated by the authorities and threatened with
expulsion from university. These students had now become
members of the opposition. Another example were Muslims who
wanted to be independent of the official religious
structure. Kushim said that the amendment to the election
law banning demonstrations would alienate even more voters.


10. (U) Dushanbe minimize considered.

ORDWAY


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