KAZAKHSTAN: OSCE ROUNDTABLE ON IMPLEMENTING THE ICCPR

UNCLAS ALMATY 001001

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PHUM PGOV KZ ECONOMIC POLITICAL OSCE
SUBJECT: KAZAKHSTAN: OSCE ROUNDTABLE ON IMPLEMENTING THE ICCPR

REF: 05 ALMATY 3449


1. (U) Summary: On February 13 the local NGO "Charter for Human
Rights NGO" and the OSCE Center in Almaty hosted a roundtable
discussion on the implementation of the International Covenant on
Civil and Political Rights (ICCPR),ratified by Kazakhstan on
November 28, 2005. The roundtable included Kazakhstani officials
as well as international human rights observers, NGOs, and local
media. While observers raised several specific areas in which
Kazakhstani law would have to be reconciled with ICCPR
provisions, GOK officials did not discuss plans for
implementation, instead focusing on the symbolic importance of
ratification. End summary.

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BACKGROUND
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2. (SBU) Kazakhstan signed the ICCPR on December 2, 2003, though
it was not ratified by the Parliament until November 2005. The
ratification took place without reservations. This was
significant, as the Procuracy was pressing for reservations
regarding the parts of the ICCPR that would restrict its powers,
most notably warrant powers. (Comment: The Procuracy is
notoriously resistant to infringement on its powers and the fact
that it lost this battle suggests high-level involvement from the
Presidential Administration in pushing the ICCPR forward. End
comment.)

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GOK: ICCPR Ratified, What Next?
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3. (SBU) GOK officIals opened the roundtable with comments
highlighting ICCPR ratification as a big achievement and the need
to draft a national action plan for ICCPR implementation.
Ombudsman Bolat Baykadamov noted that it was not yet decided
which ministry or agency would take the lead on implementation.
In response, Berik Imashev, Deputy Head of the Presidential
Administration and host of the roundtable, suggested that the
Ministry of Justice would be best suited for drafting an action
plan, but the Presidential Administration Council on Legal Policy
would assume a coordinating role. (Comment: Elvira Azimova, head
of the MOJ office for drafting national legislation in compliance
with international conventions, indicated privately months ago
that she would likely be working on ICCPR implementation. End
comment.)

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Reconciling Existing Legislation with the ICCPR
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4. (U) Kazakhstan International Bureau of Human Rights (KIBHR)
chief Yevgeniy Zhovtis raised several legal inconsistencies
between the ICCPR and current Kazakhstani legislation. He noted
there was no mechanism currently in place to implement the
convention. Certain rights guaranteed under the ICCPR had been
violated consistently post-ratification, including the right to
assemble peacefully during the 2005 presidential campaign.
Zhovtis recommended that Kazakhstan ratify the two Facultative
Protocols attached to the International Convention on Civil and
Political Rights that provide interpretation of the convention
norms, to prevent deviations from international standards. He
also recommended that Kazakhstan adhere to the European
Convention on Human Rights.


5. (U) Irina Nurumova, an OSCE/ODIHR expert, noted that Article
20 of the Law on International Treaties of Kazakhstan
contradicted both the Vienna Convention on the Law of Treaties,
signed by Kazakhstan in 1994, and Article 4 of the Kazakhstani
constitution, which stipulates that "International treaties
ratified by Kazakhstan shall have priority over its laws."
(Note: The Mazhilis voted on January 25 to approve amendments
eliminating the discrepancy created by the International Law on
Treaties. Contacts in the MOJ told us months ago that they were
working with Parliament to correct the problem. The amendments
currently with the Senate are expected to be passed to Nazarbayev
for signature within a few weeks. End note.)

ORDWAY