KAZAKHSTAN: WORRISOME NATIONAL SECURITY, NGO

UNCLAS ALMATY 002058

SIPDIS


DEPARTMENT FOR EUR/CACEN (JMUDGE),DRL/PHD (CKUCHTA-
HELBLING); DRL/IRF (NHEWETT)

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PHUM EAID KZ POLITICAL
SUBJECT: KAZAKHSTAN: WORRISOME NATIONAL SECURITY, NGO
LEGISLATION MOVING FORWARD

REF: A) Almaty 1854, B) Almaty 1838, C) State 92206


1. (U) This cable contains an action request; see para. 7.


2. (SBU) Summary: Troubling legislation is progressing
rapidly through Kazahkhkstan's Parliament. If adopted in
its current form, the legislation would stifle civil society
here, and roll back several fundamental freedoms. Although
NGOs and political parties (including some that support the
GOK) have roundly criticized the entire legislative package,
Kazakhstani authorities do not appear to be heeding the
warnings. On May 17, Ambassador Ordway also sent the
Presidential Administration a letter that included our
detailed critique of the legislation. Post requests that
the Department raise these issues at the highest appropriate
level with the Kazakhstani ambassador. End summary.

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National Security Amendments to Face Senate Vote
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3. (SBU) National security amendments approved by the
Mazhilis (lower house of parliament) in early May (ref A)
are reportedly scheduled for their first reading in the
Senate on June 9. The second reading is expected to be June

16. Unless the Mazhilis objects to any changes made by the
Senate, the draft law would be considered adopted by the
Parliament after the second reading and would go to the
President for signature.


4. (SBU) Although some troubling provisions were dropped,
namely the proposed extension of broad rights for
procurators to shut down organizations and institutions, the
draft amendments still contain restrictions on human rights
that appear to contradict not only Kazakhstan's
international commitments but also its own constitution.
These include new registration requirements for religious
groups, increased state control of religious education,
broad leeway to deny registration of political parties, low
thresholds for intercepting communications, unclear
definition of prohibition of "propaganda activity," and
broad financial disclosure requirements for NGOs and other
non-commercial organizations.

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NGO Legislation on Track for June 8 Vote in Mazhilis
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4. (SBU) A Mazhilis working group held meetings in Astana
the week of May 23 to discuss two draft pieces of
legislation related to NGOs and other non-commercial
organizations (ref B). Many NGO representatives, including
some U.S. assistance partners such as the Kazakhstan
International Bureau for Human Rights, took part in the
discussions and expressed alarm over the disastrous impact
the legislation would have on civil society in Kazakhstan.
Sergey Kiseliov of the pro-government Asar party chaired the
working group and conveyed its findings to the Mazhilis
Committee for Legislation and Judicial Reform on May 30.
NGO contacts report that Kiseliov strove to give the
appearance of inclusiveness in the working group meetings,
but attempted to negate concerns raised by the NGOs. The
Committee rejected all the working group's recommendations
for redrafting the repressive provisions, as conveyed by
Kiseliov, instead scheduling the legislation for a first
reading on June 8.


5. (SBU) The National Commission on Democratization and
Civil Society, which goes by the unfortunate Russian acronym
NKVD, discussed the draft NGO legislation at its May 26
session. First Daughter and Asar leader Dariga Nazarbayeva
called for the withdrawal of the legislation, arguing that
it runs counter to administrative reforms aimed at reducing
government control; would increase government pressure on
NGOs even further; and would promote corruption among
government bureaucrats. She argued that it was the job of
law enforcement, not the Parliament, to ensure that
international organizations do not interfere in Kazakhstan's
internal affairs. NKVD chairman Bulat Utemuratov, also
chair of the Security Council, declined to approve an NKVD
statement to this effect.

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Actions to Date
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6. (SBU) Post has conveyed concern over the national
security amendments and NGOs meetings in numerous meetings
with the MFA and Presidential Administration. The
Ambassador wrote to Presidential Administration head Adilbek
Dzhaksybekov on May 17 with detailed commentary on both
packages of legislation. Ambassador Minikes delivered a
statement on the Kazakhstani legislation at the May 19 OSCE
Permanent Council. AID has established a working among
implementing partners to share information and join forces
in advocating against the laws.


7. (SBU) Action request: Post requests that the Department,
at the highest appropriate level, make the following points
with Ambassador Saudabayev:

-- The U.S. believes that this draft NGO legislation would
be disastrous for Kazakhstan's political and social
development, and should be withdrawn.
-- Legal experts see the legislation as being based on the
Uzbek model.
-- The legislation appears to be set to move quickly, with
the first reading in the Mazhilis scheduled for June 8. The
Mazhilis has not taken concerns expressed by civil society
representatives into account.
-- National security amendments already under consideration
in the Senate are likewise extremely disturbing, would limit
civil liberties, and damage Kazakhstan's international
reputation as a country of tolerance.
-- Encourage you to make the inevitable impact of this
legislation known to the highest levels of the GOK.
-- This type of repressive legislation could threaten
stability by limiting peaceful means of expression.
-- Stability and NGOs building a democratic and prosperous
Kazakhstan are not incompatible.


8. (U) Dushanbe minimize considered.

ASQUINO


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