KAZAKHSTAN: NO PROGRESS IN HARE KRISHNA SITUATION

UNCLAS SECTION 01 OF 03 ASTANA 000903

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR SCA/CEN (M. O'MARA),DRL/PHD (C. KUCHTA-HELBLING)

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KZ
SUBJECT: KAZAKHSTAN: NO PROGRESS IN HARE KRISHNA SITUATION

REF: A. ASTANA 651, B. ASTANA 668

ASTANA 00000903 001.2 OF 003



1. (SBU) Summary: There has been no progress in resolving the
dispute surrounding the Hare Krishna community near Almaty, where 13
homes were demolished on November 21. On November 26, legal
proceedings were launched against an additional five homes. Despite
assurances by the Foreign Minister that the GOK fully understood the
damage the situation was causing to Kazakhstan's international
reputation, the MFA on December 14 protested the embassy's statement
on the matter, which was provided to media and human rights
organizations that contacted the embassy press office. The MFA also
passed along a "decision" of the Ministry of Justice commission
charged with resolving the situation, purportedly issued before the
demolitions. The commission is scheduled to hold its final meeting
December 22. End summary.

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MFA Protests our Statement
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2. (SBU) On December 14, Serzhan Abdykarimov, head of the MFA's
Europe and Americas division, requested a meeting with Pol-Econ
Chief to protest the Embassy's comments to the press regarding the
November 21 demolition of Hare Krishna homes (Ref A). Abdykarimov
handed over a non-paper describing the Embassy's statement as
"inappropriate" because it raised questions about the legal basis
for the proceedings. The non-paper noted that "The decision made by
the highest judicial authority of the Republic of Kazakhstan is
final and cannot be subjected to official comments or appraisal by
representative offices of foreign states accredited to the Republic
of Kazakhstan. The Ministry of Foreign Affairs... points out that
the decisions of the judicial authorities of the Republic of
Kazakhstan should be observed and respected."


3. (SBU) The non-paper also asserted that because there are ten
registered Krishna Consciousness associations in Kazakhstan, there
is no religious motivation to the land issue. (Comment: An
interesting denial given that post has never asserted that religious
discrimination lies at the root of the problem. End comment.)


4. (SBU) Pol-Econ Chief noted that in discussing the incident with
the Ambassador, Foreign Minister Tokayev had been quite frank
regarding the ill-advised nature of the decision and the way it was
carried out (Ref B). Abdykarimov denied that the protest
represented any change in the MFA's position on the matter,
underscoring his ministry's position that judicial decisions may not
be questioned or criticized.


5. (U) Following is the text of the embassy statement, which the
press office provided in response to queries from the Associated
Press, Reuters, Radio Free Europe, the Kazakhstani International
Bureau for Human Rights, and the Krishnas.

"The U.S. Embassy is concerned that Karasai district authorities are
continuing their aggressive campaign against the Hare Krishna
commune outside of Almaty. On November 21, Karasai district
authorities demolished several homes at the commune. Homeowners
were left in the cold, and many of their possessions were destroyed.
The remaining residents were left without electricity and heat.

The embassy has several concerns regarding the legal basis for the
actions against the Hare Krishna community. Regardless of the
merits of the underlying case, the forceful eviction of homeowners
in freezing temperatures and the destruction of their possessions,
contradicts principles of due process and fairness. It is
particularly disturbing that the authorities took such action before
the special commission charged with finding an equitable solution to
the situation had issued its recommendations.

It is unfortunate that more than a week later, the authorities have
done nothing to remedy the situation. The situation in fact appears
to be deteriorating; authorities this week scheduled new court
hearings on additional properties in the commune.

The embassy urges the Karasai district authorities to refrain from
any further aggressive actions against the Hare Krishnas, and to
work toward a fair, lawful, and peaceful resolution of the ongoing
legal dispute."

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And Provides Puzzling Commission "Decision"
--------------


6. (SBU) Pol-Econ Chief drew Abdykarimov's attention to the key
point in the statement, the fact that the demolitions were carried
out before the commission established by the Ministry of Justice had

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acted. Kazakhstani authorities had assured both the Hare Krishnas
and the international community (including in a November 23
diplomatic note) that no action would be taken until the commission
had reached a decision. Abdykarimov handed over an undated document
entitled "Decision of the Commission on Issues Connected with Land
Disputes of the Religious Association 'International Society for
Krishna Consciousness' in the Karasay District of Almaty Oblast,"
signed by commission chair Amanbek Mukhashov. Abdykarimov was
unable to say when the document had been produced, but claimed that
it had been finalized before the November 21 demolitions. (Note:
Post has been in regular contact with Mukhashov, deputy chairman of
the MOJ's Religious Issues Committee, but was never informed that a
decision had been reached. On December 20, however, Mukhashov
claimed to Pol FSN that the document had been issued October 2. End
note.)


7. (SBU) Post shared the document on December 15 with the local OSCE
Centre and the Hare Krishna community, neither of which had seen it
before. The Krishnas and the Almaty Helsinki Committee (AHC)
immediately issued public statements criticizing both the content of
the document and the fact that members of the Commission such as the
AHC, the Kazakhstani International Bureau for Human Rights, and the
Krishnas themselves had no input on the document.


8. (U) Embassy translation of Commission's decision:

Having studied the current situation connected with land disputes of
the religious society (hereafter - RS) "Society for Krishna
Consciousness" in the Karasai district of the Almaty oblast and
having listened to members of the producers' cooperative (hereafter
- PC) "Sadovodcheskoye Tovarischestvo Ptitsevod," "Sadovodcheskoye
Tovarischestvo Priozerye," members of RS "Society for Krishna
Consciousness" as well as representatives of Karasai district
Akimat, territorial bodies on the management of Almaty oblast land
resources and the coordinator of RS "Society for Krishna
Consciousness" in Central Asia, Mr. Govinda Swami, the Commission
decided:


1. To recommend the Akim of the Karasai district:
1) To solve disputable points on the use of land plots and summer
cottages on the territory of the Eltai rural district in accordance
with the procedures established by the legislation of the RK;
2) Take measures to exclude further defects in land privatization in
the Eltai rural district and control carrying out of requirements of
the land and architectural-town-planning legislation of the RK;
3) Continue suspension of privatization of cottages and
horticultural plots of land taking into account requirements of the
land and architectural-town-planning legislation of the RK;

2. Recommend the management of RS "Society of Krishna
Consciousness":
1) To appeal to local bodies of the Karasai district in accordance
with the procedures established by legislation to allocate a land
plot for the construction of religious facilities;
2) Carry out divine services, religious rites and ceremonies
according to the requirements of the Law of the RK "On the Freedom
of Confession and Religious Associations."
3) Lay out objectively the current problems in their appeals to
state bodies, international organizations and mass media on issues
of interaction with local bodies.

3. Recommend members of RS "Society for Krishna Consciousness" and
PC "Sadovodcheskoye Tovarischestvo Priozerye" to solve disputable
issues on the use of land plots and cottages on the territory of the
Eltai rural district of the Karasai district in accordance with the
procedures established by the legislation of the RK.

4. [Recommend] that the Department of Justice of Almaty Oblast and
the Council on ties with religious organizations of the Almaty
Oblast, in light of the situation that has developed, control the
observance of legislation on the freedom of confession and religious
associations by local bodies, religious associations, and other
legal and physical entities in the Karasai district.

End translation.

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Next Steps
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9. (SBU) The Krishnas informed post that they have been invited by
Mukhashov to a December 22 meeting of the Commission in Astana.
They do not yet know who will represent them as Govinda Swami
remains in India with little likelihood of receiving a new
Kazakhstani visa. Mukhashov told Pol FSN that the meeting would
finalize the issues related to the land dispute.


10. (SBU) On December 20, Krishna leader Govinda Swami (an Amcit)
wrote to Ambassador Ordway and Ambassador John Hanford to request

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that the U.S. "directly mediate or otherwise help negotiate a fair
and reasonable solution." The Krishnas are still awaiting the court
hearing on cases launched November 26 against five additional homes
in their settlement.


11. (SBU) Comment: While it would not be appropriate for post to
act as a mediator in this situation, we will continue to press this
issue with the GOK at all levels. Post believes there is still a
chance that the Kazakhstani authorities might decide to resolve the
dispute equitably rather than further undermine their OSCE CiO bid
and reputation as a government that protects both religious
minorities and property rights. End comment.

MILAS