KAZAKHSTAN - WORKING GROUP SUBMITS RECOMMENDATIONS ON

UNCLAS ASTANA 001815

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV KDEM OSCE KZ
SUBJECT: KAZAKHSTAN - WORKING GROUP SUBMITS RECOMMENDATIONS ON
MEDIA LAW AMENDMENTS TO JUSTICE MINISTRY

Summary
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1. (SBU) The Information and Culture Ministry's working group on
amendments to Kazakhstan's media law has forwarded a "concept" for
the amendments and nine specific proposals to the Ministry of
Justice for further action. Two NGOs that participated in the
working group complained to us that the nine proposals were all made
by the government, and that the government rejected every proposal
submitted by NGOs. They further maintained that the nine proposals
were largely superficial and technical, rather than substantive.
End Summary.

"Concept" Plus Nine Specific Proposals
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2. (U) The Information and Culture Ministry's working group on
amendments to Kazakhstan's media law held its third session on
September 17. Representatives of several government agencies and
six media-related NGOs -- including Adil Soz and Internews --
participated in the meeting. At a follow on press conference,
Information and Culture Ministry Executive Secretary Zhanna
Kurmangaliyeva announced that the working group had reached a
"consolidated position," agreeing on an overall "concept" for the
media law amendments, as well as on nine specific proposals. She
said the "concept" and the specific proposals would be passed on to
an inter-agency committee at the Ministry of Justice -- which will
be responsible for drafting the actual package of legislative
amendments.


3. (U) The nine specific proposals that were agreed to cover a range
of issues. One would put plaintiffs and defendants on an equal
legal footing in libel cases -- a change from current law under
which a defendant must prove that an allegedly libelous false story
is actually true. A second would eliminate a requirement that a
media outlet re-register when it changes its office address or
replaces its editor-in-chief. A third would annul a provision of
current law requiring a journalist to obtain an interviewee's prior
consent for audio or video recording of an interview. Yet another
proposal would provide additional means for journalists to appeal
the refusal of public officials to respond to their queries.

No "Consolidated Position"
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4. (SBU) Adil Soz head Tamar Kaliyeva told us on September 18 that
the "concept" for the amendments was a good one, but she rejected
Kurmangaliyeva's characterization that the working group had
achieved a "consolidated position." She explained that the nine
specific proposals that were agreed to were all made by the
government, and that the government representatives had rejected
every proposal made by NGOs -- including ones recommending (1)
"automatic registration" of media outlets upon filing the necessary
paperwork with the government; (2) lower registration fees; and (3)
elimination of the bar on foreigners serving as editors-in-chief of
media outlets.


5. (SBU) Internews country director Oleg Katsiyev maintained to us
on September 19 that the nine agreed-to proposals were largely
superficial and technical, rather than substantive. He complained
that reporters did not publish his remarks at the September 17 press
conference criticizing the results of the working group's efforts.
While Kurmangaliyeva had promised that the working group would, in
fact, continue to meet to discuss further recommendaions, Katsiyev
was skeptical that this would be the case.


6. (SBU) The OSCE was not invited to participate in the working
group, and has not attended any of its three sessions. OSCE Astana
Political Officer Valeriu Chiveri told us on September 19 that the
OSCE did, however, provide funds to Almaty-based Adil Soz and
Internews so that they could travel to Astana for the meetings of
the working group. Chiveri said his office had not yet obtained a
copy of the agreed-to "concept" and specific proposals, but hoped to
in the coming days, and would subsequently meet with Adil Soz and
Internews to discuss them.

Comment
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7. (SBU) We are not surprised that the proposals the government was
willing to approve fell far short of what the leading NGOs wanted.
Our focus should now shift to influencing the draft package of
amendments that will come of the Justice Ministry's inter-agency
committee -- ideally, in a coordinated effort with our like-minded
European partners. We should also press the government to agree to
submit the draft package to ODIHR for analysis and review before the
package is presented to parliament for consideration. End Comment.


MILAS