USOSCE AMBASSADOR MINIKES' MEETINGS WITH ASTANA

UNCLAS ALMATY 001856

SIPDIS


SENSITIVE
VIENNA FOR USOSCE

E.O. 12958: N/A
TAGS: PREL PHUM KDEM KZ POLITICAL
SUBJECT: USOSCE AMBASSADOR MINIKES' MEETINGS WITH ASTANA
OFFICIALS



1. (SBU) Summary. On April 26, U.S. Ambassador to the OSCE
Minikes, accompanied by Ambassador Ordway, met separately
with Deputy Speaker of the Mazhilis (lower house of
Parliament) Dyachenko, Chairman of the Central Elections
Commission Zhumabekov, and Minister of Justice Baliyeva.
Ambassador Minikes underscored U.S. interest in a
successful Kazakhstani candidacy for OSCE Chairman-in-
Office in 2009. He cautioned, however, that a successful
CiO bidder must embrace OSCE principles and be prepared to
shoulder substantial operational duties. Astana officials
unanimously acknowledged the responsibilities of taking the
CiO position but argued in varying degrees that local
political reforms would be tempered by Kazakhstan's
security needs and traditions. End Summary.

Assessing Kazakhstan's OSCE CiO Candidacy
--------------


2. (SBU) During his April 26 meetings with Astana
officials, Ambassador Minikes explored themes associated
with Kazakhstan's candidacy for the OSCE CiO in 2009. He
noted that the United States had made no final decision on
support for the 2009 Chairmanship. Leadership of the OSCE,
he said, was open to countries that embrace the
organization's principles. The CiO is not a reward for
showing promise, or for doing relatively better than
another country. He cautioned that with the OSCE's
structure that vested day-to-day political and even
managerial leadership in the Chair, rather than in a strong
Secretary General, the CiO had to be ready to bear

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substantial operational responsibilities for the
organization.


3. (SBU) The United States, Ambassador Minikes continued,
is working hard to see that Kazakhstan's candidacy is
welcomed rather than reluctantly received, or not received
at all. Describing the possibility of Helsinki Commission
hearings, he emphasized that a decision on Kazakhstan's bid
is not in 2009 but now. Since the CiO position for 2009
will be decided in December 2006, OSCE members must review
Kazakhstan's candidacy in the coming months since time
would be needed to find an alternative if Astana is not
ready. An early assessment would also help avoid any last
minute embarrassments in the selection process.


4. (SBU) Ambassador Minikes expressed concern over signs
that Kazakhstan's commitment to democracy was weakening,
particularly recent legislation that restricted the freedom
of assembly, the law on extremism, and the harassment of
NGOs. Kazakhstan's implementation of OSCE principles, he
said, was below the median although better than in some
other places. The United States wants Kazakhstan to
succeed, he said, but Astana must work hard. Kazakhstan
must provide leadership rather than being simply a
follower. Winning the Chairmanship is not a fait accompli.

Reaction in Parliament
--------------


5. (SBU) Deputy Speaker Dyachenko, accompanied by MPs
Doskalov, Sagadiyev, and Zholshybekov, described the OSCE
CiO position as an honor and a responsibility. Dyachenko
maintained that reforms are underway but acknowledged
problems remain. The Deputy Speaker said that Kazakhstan
would undertake steady progress on democracy that does not
outpace addressing transnational threats such as terrorism
and narcotics trafficking. Zholshybekov attributed
Kazakhstan's candidacy to the country's desire to play a
greater role in the world community. Doskalov highlighted
Kazakhstan's interest in OSCE recommendations for judicial
reform but said that the high priority placed on security
must also be taken into account.

CEC -- Committed to Free and Fair Elections
--------------


6. (SBU) CEC Chairman Zhumabekov offered assurances that
Kazakhstan is committed to the Copenhagen Declaration and
to holding fair and open elections and permitting peaceful
rallies. However, Kazakhstan's partners, he continued,
must understand that reform is a "step by step" process and
thought that 2015 was a realistic goal for reaching Western
standards. Our leaders are "realists," Zhumabekov
responded, and no one believes that Kazakhstan is at the
end of the reform road. Astana wants to retain the
country's greatest wealth -- its political stability and
inter-ethnic tolerance.


7. (SBU) The "loudest" democrats in Kazakhstan are not
"real" democrats, just disgruntled ex-officials, Zhumabekov
asserted. Opposition party Democratic Choice of Kazakhstan
(DCK) strayed from legality when it declared the central
government "illegitimate." Referring to recent events in
Kyrgyzstan, Zhumabekov warned against giving in to a "mob
mentality." Ambassador Minikes stressed the importance of
the work of the CEC in building support for Kazakhstan's
candidacy and urged the CEC to work closely with ODIHR.
Presidential elections, he added, must be judged free and
fair by the international community. He noted that the
OSCE would like to send observers for the election.
Zhumabekov, without responding to the request, pointed out
that elections will be held in September 2005 for the
Senate.

Justice -- Apply OSCE Principles in Local Context
-------------- --------------


8. (SBU) Justice Minister Baliyeva was her usual never-at-a-
loss-for-words self. Not knowing what she is talking about
is no obstacle. When she does know, she can be even more
adamant. She said that the government will balance reform
against the need for stability. All residents of
Kazakhstan must abide by the law and that was the rationale
behind inspecting NGOs. Legislation on the financing of
NGOs is in draft and is an extremely sensitive subject.
Why should NGOs receive foreign funding when internal
funding sources are, today, quite adequate. The law, she
noted, bars groups from "pressuring" the work of the CEC.
Baliyeva insisted that if the OSCE looked at the totality
of developments in Kazakhstan, it could not fail to find
progress. She criticized the OSCE "political prisoner"
paper on DCK leader Zhakiyanov. A review of the scope of
the case, she insisted, would reveal that his prosecution
was entirely on criminal grounds.


9. (SBU) Each OSCE member, Baliyeva continued, is free to
take OSCE recommendations into account as it sees fit since
the recommendations are not mandatory. No country, she
said, can claim 100% compliance. She maintained, however,
that Kazakhstan would abide by the Copenhagen Declaration.
Ambassador Minikes responded that human rights are not just
an issue to be discussed in the context of sovereignty but
a very proper matter for the international community,
especially under Helsinki Final Act principles. By joining
the OSCE, a country accepts that proposition. He asked how
Kazakhstan would lead the OSCE if members could opt out of
basic principles. Baliyeva maintained that OSCE principles
would be used to "resolve" issues but that the purpose of
the OSCE was not to establish democracy in "one day."


10. (SBU) Baliyeva argued for reviewing each country's
history and using that to tailor the OSCE's approach on the
question of respect for human rights. She decried examples
of OSCE double standards in terms of pronouncements on
elections in Ukraine (allowing absentee ballots) and
Afghanistan. Ambassador Minikes pointed out that
Afghanistan is not an OSCE member but a cooperative
partner. He denied that any double standard existed. The
problem, he concluded, was often the double application of
a single standard.


11. (SBU) Comment: While Kazakhstani officials across the
board acknowledged the responsibilities of taking on the
OSCE Chairmanship, Astana also seems determined to make the
case for democracy -- Kazakhstani style. Senate elections
in September 2005 may offer a near-term albeit limited
opportunity to assess Kazakhstan's commitment to minimal
OSCE standards for democratic political process. End
comment.


12. (U) This cable was cleared by Ambassador Minikes.

ORDWAY


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