KAZAKHSTAN: AMBASSADOR MEETS WITH CEC CHAIR

UNCLAS SECTION 01 OF 02 ALMATY 001576 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR SCA/CEN (J. MUDGE) E.O. 12958: N/A TAGS: PGOV PHUM PREL KZ SUBJECT: KAZAKHSTAN: AMBASSADOR MEETS WITH CEC CHAIR ZHUMABEKOV REF: 05 Almaty 4285 ¶1. (SBU) Summary: The Central Election Commission is reviewing its election law and procedures with ODIHR, and preparing for October 2007 maslikhat elections, according to CEC chair Zhumabekov. While the Kazakhstani government believes that its election law largely conforms to international standards and does not require significant changes, the CEC is carefully reviewing recommendations made by ODIHR following the December 2005 presidential elections. Zhumabekov noted that the government did not agree with some of the recommendations; others would be addressed by better training of poll workers and clarifications to existing legislation. He informed the Ambassador that as a result of election day violations, administrative penalties had been levied on 263 individuals and five district akims had been fired. Zhumabekov firmly rejected the idea that procedures for forming election commissions should be changed, arguing that the lack of political diversity was the result of the opposition's failure to participate in local elections. He informed the Ambassador that legislation to repeal the ban on demonstrations after elections was still with parliament. End summary. ¶2. (U) In an April 25 meeting in Astana, Central Election Commission (CEC) chairman Onalsyn Zhumabekov told the Ambassador that the CEC was taking advantage of the relative calm following the presidential elections to review electoral legislation and prepare for upcoming elections. There will be a number of by-elections scheduled through the spring and summer to elect replacement members to local maslikhats, including in Astana on June 10. Zhumabekov said that the process would end in October 2006, as the law does not permit the election of replacement maslikhat members within one year of the next scheduled election, to be held in October 2007. ¶3. (SBU) Longer term, the schedule includes Mazhilis elections in 2008, Senate elections in 2009, and presidential elections in 2012. Zhumabekov commented that if the structure of the Mazhilis were changed, elections might occur earlier. ¶4. (SBU) Zhumabekov said the CEC was reviewing a variety of proposed changes to the electoral law from different sources. He stated that government of Kazakhstan believes that the law meets international standards and does not require significant changes. Nonetheless, the CEC was still working closely with ODIHR on their recommendations. Zhumabekov had met with Christian Strohal during the latter's recent visit to Astana, and a group of CEC experts will visit ODIHR in Warsaw on May 24 to discuss the final election report and suggested actions. ¶5. (SBU) Zhumabekov said that the Kazakhstani government had reached "a better understanding" with ODIHR since the elections; ODIHR now agreed that Kazakhstan had implemented many of its recommendations. He stressed that Kazakhstan does not agree with some of the recommendations and does not plan to implement them. Zhumabekov expects discussion in Warsaw to focus primarily on the correct application of existing laws, including objective judicial review of complaints. The one exception, he said, was the need to clarify the deadline for submission of signatures in support of presidential candidates to the local electoral commissions for review. Senator Ualikhan Kaysarov's unsuccessful appeal of the CEC's decision not to register him as a candidate had highlighted this issue. The Ambassador suggested that once the process of ODIHR consultations was finished, the Kazakhstani government might find it useful to hire an international consultant to help implement the agreed-upon steps. ¶6. (SBU) Zhumabekov informed the Ambassador that the CEC was organizing a series of public events in the coming months to discuss further improvements to the election law, including a May 19 roundtable in Almaty. Zhumabekov acknowledged that there had been some procedural violations and a lack of transparency in the operation of lower level electoral commissions, which the CEC planned to address through additional training. ¶7. (SBU) In response to the Ambassador's question about the investigation of violations during the presidential election, Zhumabekov reported that 1215 complaints had been ALMATY 00001576 002 OF 002 filed with the courts, including 51 with the Supreme Court; 3142 complaints had been filed with the procuracy; and 28861 complaints had been filed with various election commissions, including 260 with the CEC. As a result, 27 criminal cases were launched and 4855 administrative cases were reviewed. Administrative penalties were assessed on 263 individuals, including four city akims and one district akim. Five village akims were fired. ¶8. (SBU) The Ambassador noted that international observers often criticize the lack of political diversity within electoral commissions, and asked Zhumabekov whether there were plans to change the way the bodies were formed. The CEC Chair said that "this discussion had been concluded" with the 2004 changes to the electoral law specifying that local maslikhats choose the members of electoral commissions; Kazakhstan could not be expected to copy the system of another country. Zhumabekov said that he frequently encouraged opposition parties to focus on the maslikhat elections, rather than just parliamentary and presidential races, in order to broaden their local representation and have the opportunity to choose electoral commission members. Fair conditions for competition exist in Kazakhstan, Zhumabekov stressed; the parties just needed to take advantage of the opportunities. ¶9. (SBU) The Ambassador asked Zhumabekov about the status of efforts to repeal the ban on rallies between the end of voting and the announcement of results (reftel). Zhumabekov said the necessary legislation had been submitted to parliament six months ago, but they were "not hurrying with it." It would have to be considered by a joint session of parliament as it involved changes to a constitutional law. The Ambassador urged Zhumabekov to push for completion of the legislation in the near future. ORDWAY