KAZAKHSTAN: CHARGE DELIVERS TIP BENCHMARKS

UNCLAS ALMATY 003419

SIPDIS


SENSITIVE

DEPARTMENT FOR EUR/CACEN (J. MUDGE),G/TIP (J. DONNELLY) AND
DRL/PHD (C. KUCHTA-HELBLING)

E.O. 12958: N/A
TAGS: PGOV PREL KZ POLITICAL
SUBJECT: KAZAKHSTAN: CHARGE DELIVERS TIP BENCHMARKS

REF: A. STATE 160883


1. (SBU) SUMMARY: On September 8, Charge delivered reftel
trafficking in persons benchmarks to Serik Nugmanov, Vice
Minister of Justice, and Aisha Aitkalieva, Head of the
International Law Department at the Ministry of Justice.
The Charge discussed the history of bilateral cooperation on
TIP issues and PolOff discussed each benchmark in detail.
END SUMMARY

BACKGROUND
--------------


2. (SBU) In less than two years, Kazakhstan has gone from
being in danger of Tier 3 placement to being on Tier 2.
Although Post and the GOK hope that Kazakhstan can one day
earn Tier 1 placement, both recognize that the GOK has
achieved much in terms of combating trafficking in persons.
Most importantly, the GOK has shown political will to
address the problem across various ministries and agencies.


3. (SBU) Elvira Azimova, the former Head of the
International Law department, played a critical role in
driving the GOK interagency process that resulted in draft
TIP amendments that are awaiting parliamentary approval this
fall. This summer, Azimova was promoted to another
department, and her former deputy, Aitkalieva, has stepped
into her place. Although Aitkalieva is perceived as not yet
fully confident in her position -- Azimova is a hard act to
follow -- Kazakhstani TIP experts agree she knows the issues
well and she is expected to settle in to her job over the
next several months. Vice Minister Nugmanov, also recently
appointed, showed a good familiarity with the status of
current projects and details of both the draft amendments
and the new draft National Plan of Action on TIP for 2006-

2008.

DEMARCHE AND RESPONSE
--------------

4. (SBU) Charge led off the meeting with an overview of
bilateral cooperation on TIP over the past two years, noting
the positive progress that the GOK had made. Our
cooperation on TIP, the Charge noted, is a model for
expanding cooperation on other human rights issues. The
Charge recognized the accomplishments of the MOJ in
particular, and noted that although there were several new
faces working on these issues, the USG has full confidence
that our productive relationship on TIP will continue.


5. (SBU) Among the benchmarks presented, the Charge noted
the most important was the timely passage of the TIP
amendments drafted by the MOJ. Progress towards many of the
other benchmarks -- increasing conviction numbers and
sentences, increasing victim protection, devoting GOK
resources to TIP programs -- hinges on the TIP amendments
providing a legal basis for GOK action. Charge encouraged
the MOJ to continue to work closely with PolOff and PolAsst
to meet these benchmarks. Following Charge's comments,
PolOff gave a detailed explanation of each benchmark, and
noted that the each addressed a priority area for progress
that Post believed was achievable within the reporting
period.


6. (SBU) Nugmanov expressed appreciation for Post's efforts
on TIP, noting that criticism in USG reports was balanced by
USG cooperation to address these problems. He noted that
many of the provisions in the draft National Plan of Action
on TIP for 2006-2008 addressed the concerns that the USG had
identified. He went on to discuss the parallel provisions
in detail. Nugmanov also noted that the UN Transnational
Organized Crime Convention had been signed and was expected
to be ratified this year or the next; the Palermo Protocols
were expected to be signed and ratified at the same time.


7. (SBU) COMMENT: Nugmanov offered few surprises and the
meeting was a cordial exchange of appreciation for both
sides' efforts. The parallel between the benchmarks and the
TIP National Action Plan is likely the result of PolOff's
discussions with Azimova in the month before she
transferred; inclusion of these issues into the draft
National Action Plan is a positive sign of GOK intentions.
Post's TIP Working Group will continue to engage with the

GOK on these issues. END COMMENT

ORDWAY


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