KAZAKHSTAN: FOREIGN MINISTER TAZHIN

C O N F I D E N T I A L SECTION 01 OF 02 ASTANA 002492

SIPDIS

STATE FOR SCA/CEN, DRL/IRF

E.O. 12958: DECL: 12/19/2018
TAGS: PGOV PHUM KDEM KIRF KZ
SUBJECT: KAZAKHSTAN: FOREIGN MINISTER TAZHIN
URGED PUTTING OFF RELIGION LAW IN INTERNAL MEMO

REF: A. ASTANA 767

B. ASTANA 1107

C. ASTANA 2365

D. ASTANA 2388

Classified By: Ambassador Richard E. Hoagland,
Reasons 1.4 (b) and (d)


1. (C) In an alleged internal government memo, a copy of
which we received from a contact at the NGO Freedom House,
Foreign Minister Marat Tazhin wrote to Prime Minister Karim
Masimov that the government should postpone adopting
amendments to Kazakhstan's religion legislation until after
its 2010 OSCE chairmanship. Tazhin contended that the
"sharp criticism" continuously levied against the
legislation from OSCE member-states could easily turn the
subject of religious tolerance from an "advantage to a
disadvantage" for Kazakhstan, especially as the country
readies itself to join the OSCE Troika. The memo was dated
November 19, one week before the Senate passed the
amendments (ref. D),which are currently awaiting action by
President Nazarbayev.


2. (C) In the memo, Tazhin outlined several "critical
comments" made by OSCE member-states and NGOs during the
OSCE's recent Human Dimension Meeting in Warsaw. He noted
that U.S. delegation head Ambassador Pearson had said that
"adopting the legislation as it stands now would invoke
sharp criticism from the United States." Tazhin also
referenced Freedom House's September 29 report on
Kazakhstan's Madrid commitments -- which discussed the
religion law along with the draft laws on political
parties, election, and the media, and claimed that
Kazakhstan's "freedom of religion has decreased since the
Madrid Ministerial." Leading members of the OSCE, "first
and foremost the United States," closely listen to the
opinions of organizations like Freedom House, Tazhin wrote
Masimov, and the views of civil society "have a significant
influence on how Kazakhstan is perceived in the political
circles" of OSCE member-states.


3. (C) Postponing the adoption of the law "until a later
time" would assuage some the criticisms and be welcomed by
the international community, argued Tazhin. As evidence,
he offered the statements made at the OSCE's October 23
session, where the U.S. PermRep called on Kazakhstan "to
demonstrate leadership in the sphere of pluralism and
tolerance by correcting the pending law," and the French
PermRep expressed hope that "the Senate will carefully
review the draft." According to the memo, the OSCE
Chairman-in-Office's Personal Representative on Combating
Intolerance and Discrimination Against Muslims Omur Orhun
suggested to Tazhin that passing the law on the eve of
Kazakhstan's OSCE chairmanship "would attract unnecessary
political pressure" from many sides, "including the OSCE."
In view of this negative feedback, concluded Tazhin, "it
seems prudent to postpone the consideration of the text
until a later time (after the OSCE chairmanship)."


4. (C) COMMENT: While passed to us unofficially by an
NGO, the memo is on government letterhead and bears seals
and markings that appear to testify to its authenticity.
Tazhin's views are not surprising. As the country's top
diplomat, he has heard much criticism on the pending
religion legislation, including from the U.S. Ambassador.
The memo is a well-crafted document that accurately
reflects the views of the international community on the
religion law. It may have come too late to convince
Masimov to pull the legislation from parliament before it
was adopted; however, Tazhin has put forward an argument
that can be considered by President Nazarbayev as he
decides what course of action to take: sign the
legislation, veto it, or send it to the Constitutional
Council for review. He has until January 5 -- thirty days
after he received the legislation from the Senate -- to
act. END COMMENT.


ASTANA 00002492 002 OF 002


HOAGLAND