2004-05 SUPPORTING HUMAN RIGHTS AND DEMOCRACY: THE

UNCLAS ALMATY 000409

SIPDIS


SENSITIVE

DEPARTMENT FOR DRL/PHD (PDAVIS) DRA/CRA (ERAMSBORGER)
EUR/CACEN (JMUDGE)

E.O. 12958: N/A
TAGS: PHUM KDEM PREL PGOV ELAB KPAO KSEP KZ POLITICAL
SUBJECT: 2004-05 SUPPORTING HUMAN RIGHTS AND DEMOCRACY: THE
U.S. RECORD IN KAZAKHSTAN

REF: 04 STATE 267453


1. (SBU) The following is the draft summary of U.S.
strategy and efforts to combat human rights abuses and
bolster democracy in Kazakhstan for 2004-05.

BEGIN DRAFT STRATEGY TEXT:

In Kazakhstan, the United States forcefully advocated
support of human rights and democracy, emphasizing that
bilateral cooperation on economic and security issues is a
complement, not a substitute, for meaningful progress.
Throughout 2004, the U.S. mission's human rights and
democracy strategy looked to build on the positive steps
forward in 2003 with special emphasis on preparations for
the September parliamentary elections. The U.S. mission
focused on building a legal environment and supporting civil
society development that would help create an environment
for elections that meet international standards.

The Embassy vigorously urged the GOK to draft an election
law that would meet international standards. Prior to the
elections, Kazakhstan adopted and passed an elections law
that, while not fully meeting international standards, was
an improvement over existing legislation. While the OSCE
ultimately determined that the elections fell short of
international standards, U.S. diplomatic efforts and
assistance contributed to a more open pre-election
environment. The Embassy also advocated rejection of a
flawed media law that would have impeded freedom of speech,
in particular campaign reporting, and regularly raised
concern over a series of legal actions aimed at independent
media. After much public debate and criticism of the media
law, President Nazarbayev vetoed the legislation. An Almaty
court dropped criminal libel charges against one journalist
due to lack of evidence. The Deputy Secretary, the
Assistant Secretary for European and Eurasian Affairs, the
Ambassador, and other U.S. mission members advocated the
registration of opposition political party Democratic Choice
of Kazakhstan (DCK). We continued to encourage the
Government of Kazakhstan to find a just resolution in the
case of DCK leader Galymzham Zhakiyanov, convicted in 2002.
DCK was ultimately registered in time to participate in the
elections, and Zhakiyanov was moved from a "strict regime"
prison to a penal colony with greater freedom of movement
and interaction. At year's end, DCK faced a legal action to
"dissolve" the party based on a statement adopted at its
December 11 party congress that rejected the government's
legitimacy and called for civil disobedience. The
Ambassador raised the case with a range of senior
Kazakhstani officials and encouraged an approach that would
permit the party to continue to function.

In tandem with our diplomatic engagement, the Freedom
Support Act funded a range of activities in support of human
rights and democratic reform. During the run up to the
September parliamentary elections, U.S. government provided
non-partisan, capacity-building support to improve political
party, civil society, and independent media participation in
the electoral process. U.S. officials, including more than
half of the Embassy's officers, volunteered for the
OSCE/ODIHR election observation mission. Two USAID
implementing partners, the National Democratic Institute and
the International Republican Institute, conducted more than
58 training sessions across Kazakhstan, covering all
registered political parties. A Department of State grant
enabled local NGO Association of Sociologists and Political
Scientists (ASIP) to conduct a nationwide voter exit-poll.
Assisted by a USAID grant, the local NGO Republican Network
of Independent Monitors (RNIM) conducted a Parallel Vote
Tabulation Report comparing local precincts' election night
protocols to the Central Election Commission's final vote
count. The RNIM report highlighted serious irregularities
in the CEC's vote tabulation, providing quantitative
evidence to support qualitative concerns expressed in the
OSCE/ODIHR field mission's final elections report.

In addition to supporting political party development and
transparency in the electoral process, the United States
promoted democratic progress by providing funding to NGOs
engaged in non-partisan voter engagement and education. U.S.


grant assistance funded the Youth League of Voters, a
project run by Kazakhstani NGO Youth Information Service of
Kazakhstan; other U.S. assistance funds underwrote a "Youth
in Elections" national debate tournament. USAID managed a
$300,000 small grants fund in which 31 grants were awarded
to 25 NGOs and six media outlets, with most grants focusing
on voter information campaigns and voters' rights. U.S.
grant programs also enabled six independent stations to
produce election-focused talk shows and debate programs.
The United States funded a contest eliciting election-
related Public Service Announcements (PSAs) resulting in
rebroadcast of six PSAs and seven radio jingles by 16
television and 17 radio stations.

Support for the rule of law and a strong civil society
remained a fundamental goal of U.S.-funded training programs
for NGOs and Kazakhstani officials. Lawyers provided 387
consultations to civil society organizations during the year
through a variety of U.S.-funded programs. Strengthening
the skills of the next generation of Kazakhstani attorneys,
a U.S.-funded pro bono tax clinic at Turan University
trained 20 students in practical skills and provided aid to
240 indigent clients. This year's Jessup International Moot
Court Competition, which provides an opportunity for law
students to practice and develop their written and oral
advocacy skills and to learn about trial tactics and
substantive areas of international law, drew a record-
breaking 126 participants. The American Bar Association's
Central European and Eurasian Law Initiative also completed
the first Judicial Reform Index, funded by a grant from
USAID. This index gives a comprehensive overview of the
strengths and weaknesses of the current legal system,
providing a roadmap for future advocacy and capacity
building.

For 2003-2004, the country's premier human rights NGO,
Kazakhstan International Bureau for Human Rights and Rule of
Law (KIBHR),was awarded one of ten $50,000 grants given by
the Department of State's DRL bureau for a project to
support human rights and foster civil society. The KIBHR
program trained 20 human rights defenders in international
legal standards, enforcement mechanisms, networking,
advocacy, and prison monitoring. Another U.S.-funded
program enabled KIBHR to expand its network to six more
regional centers, giving the NGO coverage throughout
Kazakhstan.

Through USAID, the United States provided $252,000 in
institutional grants in 2004. Civic development grants went
to NGO programs focused on youth, women, the elderly, and
the disabled. A new civic advocacy component was added to
USAID's civil society program, enabling more resources to be
devoted to advocacy campaigns, skills, and membership-based
NGOs. The Embassy's Democracy Commission awarded an
additional $220,000 in grants to NGO projects, including
projects focused on providing professional development for
NGO associations and for local government officials,
improving cooperation between NGOs and the government, and
providing education to officials and legal support to
prisoners to discourage and reduce incidents of prisoner
abuse. International Visitor Programs sent small groups of
Kazakhstani citizens to the United States to meet with
subject matter experts; topics of 2004 programs included
Trafficking in Persons, independent media, and religious
diversity. During reporting trips around the country
throughout the year, Embassy officers followed up with
current and former grantees and IV alumni; these visits
helped the Embassy better target future grants and programs.
Most grantee NGOs had accomplished the goals set, and
Embassy officers noted that IV alumni often remembered the
program as a life-changing event.

Assistance and training for NGOs was complemented by U.S.-
funded professional skills training for Kazakhstani law
enforcement. The Embassy organized professional development
seminars for the press relations officers of local
prosecutors' offices to encourage effective publicity of
anti-trafficking in persons efforts and better relations
with media outlets. The Department of State's Bureau of
International Narcotics and Law Enforcement (INL) conducted
educational seminars for policeman and local government


authorities that touched on several human rights issues,
most notably combating trafficking in persons, promotion of
the rule of law through introduction of a jury system, and
training that focused on evidence-based, versus "confession-
based," crime investigation techniques. Moving away from
"confession-based" criminal investigations will serve the
dual purpose of sharpening law enforcement investigative
accuracy while reducing reliance on a system that promotes
abuse of detainees.

The United States continues to encourage the government of
Kazakhstan to live up to its OSCE commitments to support
human rights and promote democracy. Kazakhstan's success in
areas such as promotion of religious diversity and combating
trafficking in persons provide good examples for progress in
other areas. The United States will remain committed to non-
partisan promotion of political pluralism and governance
that reflects the political will of its citizens, and will
remain engaged with the government of Kazakhstan at every
level to reiterate that commitment.

END DRAFT TEXT


2. (U) Addendum listing USG-funded human rights and
democracy programs of USD 100,000 or more will be sent via
septel.


3. (U) Dushanbe minimize considered.

ORDWAY


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