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