KAZAKHSTAN: CENTRAL ELECTION COMMISSION CHAIRMAN STILL

UNCLAS SECTION 01 OF 02 ASTANA 000043 SIPDIS SENSITIVE SIPDIS SCA/CEN - MUDGE, O'MARA E.O. 12958: N/A TAGS: PGOV PHUM PREL KDEM KZ SUBJECT: KAZAKHSTAN: CENTRAL ELECTION COMMISSION CHAIRMAN STILL CONSIDERING OSCE RECOMMENDATIONS AND FUTURE PLANS ASTANA 00000043 001.2 OF 002 ¶1. (SBU) Summary: During a May 5 meeting with Assistant Secretary Boucher and Elisabeth Millard of the National Security SIPDIS Council, the Central Election Commission (CEC) Chairman Onalsyn Zhumabekov claimed the Commission is committed solidly to conducting free elections, and said he will implement further OSCE recommendations. End summary. "Just Like in Any Democratic Country" -------------- ¶2. (SBU) Elections in Kazakhstan, Zhumabekov began, "have a virtually continuous character, just like in any democratic country." Most recently there were Mazhilis elections in fall 2004, Senate elections in August 2005, and - most significantly - the Presidential election held on December 4, 2005. August 2005 also saw "experimental" elections of four district ("rayon") akims. Zhumabekov noted that there are plans to expand the experiment this year: one-third of all district and city-level akims will be elected. (Note: District and city-level akims are traditionally appointed by regional akims. End note.) Also approaching are the September 2007 Maslikhat (local legislature) elections, the 2008 Senate elections, and the 2009 Mazhilis elections. ¶3. (SBU) Zhumabekov explained that the Central Election Commission is responsible for elections at all levels. He added that Kazakhstan has over 13,000 local election commissions, of which about 9,000 operate at the polling-station level. Each polling station, in turn, has no more than 3,000 voters. Zhumabekov said that the Central Election Commission has been developing contacts with its counterparts in other countries, including Azerbaijan, Georgia, Latvia, Poland, Germany, Great Britain, and France. Kazakhstan is particularly interested in French law, he said, due to constitutional commonalities between France and Kazakhstan. OSCE Recommendations: "On Some We Have Our Own Stance" -------------- -------------- ¶4. (SBU) Zhumabekov said that the December 2005 Presidential election was held "in full openness." More than 1,200 foreign observers and over 400 foreign journalists were present. No election is perfect, noted Zhumabekov; "we are analyzing" the pitfalls. We believe, he continued, that our legislation conforms to international standards, including those applicable to Kazakhstan by virtue of its OSCE membership. He said that the Central Election Commission was currently studying the 30 or so recommendations made by the OSCE following the presidential election: "on some we agree; on some we have our own stance." The recommendations, Zhumabekov said, were more about the application of the law and the operation of the Central Election Commission than about the law itself. A number of the OSCE criticisms, he continued, Kazakhstan believes to be well-grounded. One example is the fact that at present the law does not clearly specify the deadline for submission of signatures in support of presidential candidates. Another issue, which "every country faces," is improving ways of putting together lists of voters. ¶5. (SBU) Most of the violations in the presidential election were minor, said Zhumabekov. Many of the more than 90,000 members of local election committees are pensioners and others not well-versed in law. Work is ongoing to punish the violators: over 30 local akims have been disciplined, and heads of some local election commissions have been removed. The CEC, Zhumabekov added, constantly monitors the work of local election commissions and local executive authorities. Enforcing Law and Fairness - Independently -------------- ASTANA 00000043 002.2 OF 002 ¶6. (SBU) In response to Ambassador Boucher's question on the Central Election Commission's purview, Zhumabekov explained that his organization is charged with enforcing the law on elections. Campaigning is within the Commission's realm, but public demonstrations are not. It is the Commission's responsibility to ensure equal access for candidates to the press. The Commission also monitors the fairness of payment procedures for candidates wishing to advertise in the media; candidates are, however, free to negotiate their own financial arrangements. Zhumabekov noted that the Commission has more control over state media than over private outlets. It oversees compliance with the law requiring state media outlets to provide, free of charge, basic information on political candidates. In any case, he noted, the state's share in the media is currently 20% and falling. ¶7. (SBU) Zhumabekov stated that the Commission is a fully independent body, unassociated with any branch of government. It consists of seven people chosen by the Mazhilis, on the recommendation of the President, to serve five-year terms. Likewise, members of local election commissions are chosen for five-year terms by the Maslikhats on recommendation of "all the political parties." The Commission's budget is derived from the budget proposal submitted to the government by the Republican Budget Commission (RBC). The CEC defends its budget provisions with the RBC, the government, and the Parliament. But, Zhumabekov noted, "our proposals do not meet resistance at any level." Once the funding is granted, he continued, the Commission is fully free to disburse it as it sees fit. ¶8. (U) This message has been cleared by A/S Boucher. TRACY