KAZAKHSTAN: CIVIL SOCIETY PESSIMISTIC ON MADRID LAWS

UNCLAS SECTION 01 OF 02 ASTANA 002399

SENSITIVE
SIPDIS

STATE FOR SCA/CEN, DRL

E.O. 12958: N/A
TAGS: PGOV PREL PHUM OSCE KDEM KZ
SUBJECT: KAZAKHSTAN: CIVIL SOCIETY PESSIMISTIC ON MADRID LAWS

REFS:
A) ASTANA 2388
B) ASTANA 2256


1. (U) Sensitive but unclassified. Not for public Internet.


2. (SBU) This is the second in a series of cables analyzing
reactions to Kazakhstan's Madrid legislation.


3. (SBU) SUMMARY: On November 19, several leading NGOs shared
their views on the draft laws on political parties, elections, and
the media, which are currently being considered by the Mazhelis
(parliament's lower house). They criticized the government for not
going far enough with political liberalization, citing the religion
law as an example, and called on the OSCE to press Kazakhstan for
"greater pluralism." The Human Rights Bureau's representative,
Evgeni Zhovtis, suggested using Kazakhstan's Path to Europe program
as another "lever" for democratization. END SUMMARY.


4. (SBU) On November 18-19, a group of Astana-based Western
diplomats met with leading NGOs to discuss the draft laws on
elections, political parties, and the media, which are currently
being considered by the parliament. The group met with Human Rights
Bureau Head Evgeniy Zhovtis, Legal Policy Research Center (LPRC)
Chair Vera Tkachenko, Freedom House representative Iva Dobichina,
and Eurasia Foundation President Jeff Erlich. The group also met
with Tamara Kaleyeva, head of Adil Soz, a local media-watchdog NGO,
and several independent journalists.

CIVIL SOCIETY LEADERS SEE FLAWS IN THE LEGISLATION


5. (SBU) Adil Soz's Kaleyeva, who participated in the drafting of
the media law, shared her view of shortcomings in the new
legislation. In her opinion, the biggest issue is that the draft
law has not lessened the registration hurdles for print media and
has not fully decriminalized lQl. (NOTE: While the registration
requirements for print media can be onerous, they have not stopped a
lively opposition press from developing. END NOTE.) Kaleyeva also
said that the few substantive changes, like dropping registration
requirements for electronic media, "will have little effect on
freedom of the press."


6. (SBU) The Human Rights Bureau's Evgeniy Zhovtis asserted that
"since the whole concept of the legislation is wrong, there is
little point in discussing particular problematic provisions of the
laws." He told us that several NGOs made concrete proposals to the
government on amending the election law, such as including
representatives of opposition parties in local election commissions,
granting public access to electoral lists, allowing foreign NGOs to
observe elections, and increasing the transparency of the tabulating
process. "None of the provisions made it into the final law,"
asserted Zhovtis. On the law of political parties, Zhovtis believes
that lowering the minimum number of signatures required for
registration is not important. "What's important," he stressed, "is
the end goal of the process -- do you afford the right to free
association, or do you regulate it?" The current draft, in Zhovtis'
opinion, regulates it.

RELIGION LAW A "WORRISOME" EXAMPLE


7. (SBU) The Legal Policy Research Center's Tkachenko emphasized
that along with the Madrid legislation, another "worrisome" piece of
legislation was close to becoming law. She stressed that the
religion law should not be excluded from any conversation about
Kazakhstan's liberalization, since it would severely limit religious
freedom in Kazakhstan. (NOTE: The law passed the parliament on
November 26 and is awaiting President Nazarbayev's signature (reftel
A). END NOTE.) Overall, Tkachenko predicted that the Madrid
legislation would not change Kazakhstan's political environment.

CALL FOR "CONCERTED MESSAGE" FROM OSCE MEMBERS


8. (SBU) Freedom House's Dobichina reported with Zhovtis that the
Ministry of Foreign Affairs (MFA) called them soon after the package
of amendments went to the parliament to ask for their assessments of
the laws. The MFA representative was apparently eager to gather
civil society views on the laws. When told that neither Zhovtis nor
Dobichina had yet seen the draft legislation, the MFA asked that
they share their assessment "as soon as it is ready." Zhovtis

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characterized the call as further evidence of the "divide" that
exists in the government between "the old guard and the liberal
wing," with the MFA falling squarely in the latter. The OSCE should
support "the reformers" by sending a concerted message to the
government "that the laws are insufficient." In Zhovtis' view, the
"gradual change" approach to Kazakhstan's political liberalization
"has brought no results," and the OSCE needs to press harder for
"greater pluralism" in the country. He suggested that the Path to
Europe, Kazakhstan's plan to establish greater ties with the
European Union, could be used as "another lever" for
democratization.

COMMENT


9. (SBU) Civil society leaders have consistently criticized the
government for not going far enough with the Madrid legislation.
The package of amendments, if adopted in its current form, would
fall short of what civil society and the opposition would like, but
it is nevertheless a step forward and an opportunity to push for
more moves in the same direction. Pressing too hard, however, is
unlikely to bring welcome results, as can be seen from President
Nazarbayev's recent criticism of the EU for wanting to turn
post-Soviet states into democracies at a pace far quicker than their
own political development will allow. Persistent, patient, and
private diplomacy, combined with encouragement of the liberal wing
within the government, will be the most effective path to our goals.


MILAS