Identifier
Created
Classification
Origin
07ASTANA2541
2007-09-14 08:26:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Astana
Cable title:  

KAZAKHSTAN READY TO DEFEND RECORD AT OSCE HUMAN DIMENSION

Tags:  PHUM PREL OSCE KZ 
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VZCZCXRO7654
RR RUEHAST
DE RUEHTA #2541/01 2570826
ZNR UUUUU ZZH
R 140826Z SEP 07
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC 0680
INFO RUEHAST/USOFFICE ALMATY
RUEHVEN/USMISSION USOSCE 1827
UNCLAS SECTION 01 OF 02 ASTANA 002541 

SIPDIS

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL OSCE KZ
SUBJECT: KAZAKHSTAN READY TO DEFEND RECORD AT OSCE HUMAN DIMENSION
IMPLEMENTATION MEETING

REF: State 126089

UNCLAS SECTION 01 OF 02 ASTANA 002541

SIPDIS

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL OSCE KZ
SUBJECT: KAZAKHSTAN READY TO DEFEND RECORD AT OSCE HUMAN DIMENSION
IMPLEMENTATION MEETING

REF: State 126089


1. (SBU) Summary: On September 12, Poloff delivered reftel demarche
to Yerkin Akhinzhanov, director of the European Cooperation
Department in the Ministry of Foreign Affairs. Akhinzhanov was
joined by several members of Kazakhstan's delegation to the
forthcoming OSCE Human Dimension Implementation Meeting, which will
take place in Warsaw from September 24 through October 5.
Akhinzhanov listened respectfully to the demarche points and
appreciated the preview of USG concerns. He then presented a
vigorous and combative defense of Kazakhstan's record on all the
points in a meeting that lasted two hours. End summary.

--------------
KAZAKHSTAN ACTIVELY PREPARING FOR WARSAW
--------------


2. (SBU) On September 12, Poloff delivered reftel demarche to
Akhinzhanov and several members of Kazakhstan's delegation to the
forthcoming OSCE Human Dimension Implementation Meeting in Warsaw.
Kazakhstan plans to send a large delegation, which will be headed by
Sagynbek Tursunov, chairman of the Presidential Human Rights
Commission and newly elected Mazhilis deputy. Akhinzhanov said that
the delegation is actively preparing for the meeting, and
acknowledged that Kazakhstan's human dimension record will face
close scrutiny in light of Kazakhstan's bid to chair the OSCE.


3. (SBU) Akhinzhanov appreciated the preview of USG concerns
contained in the reftel demarche, and provided Poloff with a
thorough rebuttal or response to each concern during the two-hour
meeting. He also expressed frustration that Kazakhstan does not get
enough credit for the many advances it has made over the past 15
years, and urged Poloff to instruct the USG delegation to give
Kazakhstan credit where appropriate and remember the broader
historical and regional context.

--------------
ELECTION SHORTCOMINGS
--------------


4. (SBU) With respect to the recent parliamentary elections,
Akhinzhanov said that all alleged violations have been recorded and
documented, and the Central Election Committee (CEC) has or will
conduct open and transparent investigations. He said that the
violations did not affect the final result of the election. He
criticized the ODIHR Election Observation Mission for refusing to

provide details of the violations it described in its August 19
preliminary report. He said that many of the alleged violations
could be "simple misunderstandings", but the CEC cannot investigate
without specific information about where and when they occurred.
Akhinzhanov said that the CEC operates far more transparently than
the ODIHR Election Observation Mission.


5. (SBU) Nevertheless, he said that the GOK is continuing to work
with the OSCE and ODIHR to resolve outstanding issues and improve
the electoral process. He criticized the OSCE for not giving
Kazakhstan credit for improvements in its electoral legislation
since the 2004 parliamentary elections. He also noted that
additional election law amendments were still working their way
through the legislative process, and that the GOK was trying to
expedite some of these legislative reforms in time for the Madrid
ministerial meeting in November. However, Akhinzhanov was not
certain that the legislation would be ready in time.

--------------
RECENT CONSTITUTIONAL REFORMS
--------------


6. (SBU) In response to concerns about the recent constitutional
amendments, particularly the provision removing term limits for
President Nazarbayev, Akhinzhanov said that the United States and
other critics lack understanding of the unique situation in
Kazakhstan. He compared the situation in Kazakhstan to the
situation in the United States during World War II, and said that
President Nazarbayev is a key figure in Kazakhstan's development,
much like President Roosevelt's leadership was crucial to the United
States during World War II. He said that if term limits had been in
place for Franklin Roosevelt during World War II, the US government
would have exempted him in the same way that Kazakhstani government
just exempted Nazarbayev. He also urged the USG delegation in
Warsaw to recognize the legitimacy of the term limits change,
because the change was made by the people through their parliament.


7. (SBU) Akhinzhanov said that the Kazakhstani delegation would very
much appreciate recognition of the positive aspects of the recent
constitutional changes, including the removal of the power of arrest
from procurators, which he characterized as a long, hard fought
battle between the procurator general's office and other elements in
the government. He urged the USG delegation to recognize the

ASTANA 00002541 002 OF 002


broader historical context concerning Kazakhstan's progress, noting
that Kazakhstan has made significant strides in 15 years and has
done so while maintaining stability in an unstable region.

--------------
INTERNET FREEDOM
--------------


8. (SBU) Akhinzhanov responded defensively to concerns about
Internet freedom in Kazakhstan and the requirement for websites
using the .kz domain to have servers physically based in Kazakhstan.
He said that the .kz domain is owned by the GOK, and "we can do
what we want with it." He also explained that any restrictions
concerning the use of the domain were purely for technical or
copyright reasons, and claimed that there is complete Internet
freedom in Kazakhstan. He said that Internet websites in Kazakhstan
contain a wide diversity of viewpoints, and that the GOK's technical
regulation of the Internet should not be turned into a political
issue.

--------------
HARE KRISHNAS
--------------


9. (SBU) Finally, with respect to the Hare Krishna issue,
Akhinzhanov repeated several arguments that various government
officials have used in the past. He emphatically stated that the
dispute was not about religion; rather, he said, the Hare Krishnas
obtained their land illegally, through forgery, and that the
government was simply upholding the rule of law by evicting them.
He explained that the GOK had actually gone out of its way to
protect the Hare Krishnas by not pressing criminal charges for
forgery and by offering to find them replacement land, which he
criticized the Hare Krishnas for refusing to accept. He reiterated
that the Hare Krishnas are registered in 10 different oblasts in
Kazakhstan and that any comments by local government officials
hostile to the Hare Krishna faith do not represent official
government policy. Akhinzhanov also introduced a new argument,
stating that Kazakhstan must enforce the rule of law with respect to
the Hare Krishna in order to avoid encouraging radical groups such
as Hizb ut-Tahrir. Poloff replied that linking the Hare Krishnas to
extremist groups such as the illegal Hizb ut-Tahrir would not help
Kazakhstan's position on the issue, but Akhinzhanov did not take the
point.


10. (SBU) Akhinzhanov expressed dismay that the Hare Krishna issue
was receiving so much attention, and said that continued USG
pressure on the issue could damage the bilateral relationship
between the United States and Kazakhstan. He said that discussions
to resolve the dispute were ongoing, but neither the United States
nor Kazakhstani authorities in Astana had the right to interfere
with court decisions. Poloff replied that the bilateral relationship
between United States and Kazakhstan was much broader than the Hare
Krishna issue, but that the bulldozing of Hare Krishna homes by
local government authorities was bound to attract international
attention, particularly in light of Kazakhstan's aspiration to chair
the OSCE.

--------------
MFA APPEALS FOR TOLERANCE AND UNDERSTANDING
--------------


11. (SBU) At this, Akhinzhanov acknowledged that Kazakhstan's record
would receive close scrutiny, because Kazakhstan is a
"non-traditional" candidate for chair of the OSCE. He said that no
country is perfect, and that past chairs of the OSCE have had worse
records in certain areas, but that Kazakhstan was prepared to defend
and explain its record. He expressed hope that the USG would be
tolerant of Kazakhstan's unique circumstances and would acknowledge
Kazakhstan's overall positive record in the last 15 years.


12. (SBU) In conclusion, he said that Kazakhstan hopes to be more
proactive in all three dimensions of the OSCE, and was sending a
large delegation to the Human Dimension Implementation Meeting to
show its commitment to the issue. He also said that certain
factions within the government, including the MFA, were leading the
effort to promote reform and improve Kazakhstan's human dimension
record, but that other parts of the government were opposed or
uncooperative. He appealed for understanding and patience, and said
that harsh international criticism of Kazakhstan would consolidate
and strengthen the factions opposed to reform in Kazakhstan.



ORDWAY