Identifier
Created
Classification
Origin
09ASTANA1516
2009-09-11 10:18:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Astana
Cable title:
KAZAKHSTAN: GOVERNMENT PRESENTS HUMAN RIGHTS ACTION PLAN
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UNCLAS SECTION 01 OF 02 ASTANA 001516
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL, EUR/RPM
E.O. 12958: N/A
TAGS: PGOV PHUM PREL KDEM KZ
SUBJECT: KAZAKHSTAN: GOVERNMENT PRESENTS HUMAN RIGHTS ACTION PLAN
REFTEL A: ASTANA 0778
B: ASTANA 1470
UNCLAS SECTION 01 OF 02 ASTANA 001516
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL, EUR/RPM
E.O. 12958: N/A
TAGS: PGOV PHUM PREL KDEM KZ
SUBJECT: KAZAKHSTAN: GOVERNMENT PRESENTS HUMAN RIGHTS ACTION PLAN
REFTEL A: ASTANA 0778
B: ASTANA 1470
1. (U) Sensitive but unclassified. Not for public Internet.
2. (U) SUMMARY: The government of Kazakhstan presented its
National Human Rights Action plan for 2009-2012 on September 9 at a
well-attended event in Astana. Generally considered to be a
well-prepared, ambitious document, its implementation remains
unclear. END SUMMARY.
FINAL HUMAN RIGHTS ACTION PLAN
3. (U) On September 9, 2009, the Kazakhstani Presidential Human
Rights Commission presented its 2009-2012 "National Plan of Actions
in the Area of Human Rights." [See reftel A for a description of
the plan.] Government officials, parliamentarians, and
representatives of diplomatic missions, international and local
organizations attended the presentation. Chairman of the Human
Rights Commission Saginbek Tursunov, State Secretary-Minister of
Foreign Affairs Kanat Saudabayev, UNDP Resident Coordinator Haolian
Shoo, British Ambassador Paul Brummel, Dutch DCM Mauritz ter Kuile
and others highlighted the importance of the National Plan for
Kazakhstan's further advancement in the area of human rights. The
Human Rights Commission also intends to present the National Plan in
Almaty, several other Kazakhstani regions, and international forums.
The Plan will be presented at the September OSCE Human Dimension
conference in Warsaw.
4. (U) While government representatives praised the National Plan
as a real success, Constitutional Council Chairman Igor Rogov warned
the Human Rights Commission against draft legislation that proposes
excessively radical reforms. According to Rogov, the government
must thoroughly study and discuss all National Plan recommendations
of amendments to existing laws before it undertakes any action.
Civil society representatives focused on current problems -- such as
the lack of fair trials and independent legal defense, adversarial
court proceedings, abuse, and torture -- that the National Plan aims
to address.
ZHOVTIS CASE
5. (U) Lawyer Vitaly Voronov (who defended Yevgeni Zhovtis during
his recent court trial for vehicular manslaughter [reftel B]) and
leader of Human Rights Charter, Zhemis Turmagambetova, both noted
serious problems in implementation of Kazakhstani law, citing
Zhovtis' court trial as an outrageous example. (NOTE: Speakers
particularly highlighted Zhovtis' current situation due to his key
role in the development of the Action Plan. END NOTE.) Human
Rights Commission Chairman Tursunov replied that the Commission is
fully aware of the case and shortly will publicize its statement.
He expressed confidence that the judiciary will fairly and
objectively handle the case. He reminded participants that the
first trial was not the end of the proceedings and hoped that the
appellate court will consider all comments.
CIVIL SOCIETY RESPONDS TO PLAN
6. (SBU) When asked for comment on the Plan, several NGO leaders
could not respond because they had just received a copy, although at
least one of them is listed as a member of the Human Rights
Commission and should have participated in putting it together.
Leader of the Almaty Helsinki Commission, Ninel Fokina (and member
of the Human Rights Commission) said that not all recommendations
were incorporated into the final text of the document. According to
her, its weakest point is its lack of legal power or implementation
mechanism. She reported, "The president just read it and approved
it. No formal assignments were given to the government." Leader of
the Human Rights Charter, Zhemis Turmagambetova, echoed this
sentiment, but asserted that "civil society will do its best to get
as much done as possible, particularly in the run-up to and during
Kazakhstan's OSCE chairmanship, because," he speculated, "after 2010
there will be little interest in human rights issues in
Kazakhstan."
ASTANA 00001516 002 OF 002
HOAGLAND
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL, EUR/RPM
E.O. 12958: N/A
TAGS: PGOV PHUM PREL KDEM KZ
SUBJECT: KAZAKHSTAN: GOVERNMENT PRESENTS HUMAN RIGHTS ACTION PLAN
REFTEL A: ASTANA 0778
B: ASTANA 1470
1. (U) Sensitive but unclassified. Not for public Internet.
2. (U) SUMMARY: The government of Kazakhstan presented its
National Human Rights Action plan for 2009-2012 on September 9 at a
well-attended event in Astana. Generally considered to be a
well-prepared, ambitious document, its implementation remains
unclear. END SUMMARY.
FINAL HUMAN RIGHTS ACTION PLAN
3. (U) On September 9, 2009, the Kazakhstani Presidential Human
Rights Commission presented its 2009-2012 "National Plan of Actions
in the Area of Human Rights." [See reftel A for a description of
the plan.] Government officials, parliamentarians, and
representatives of diplomatic missions, international and local
organizations attended the presentation. Chairman of the Human
Rights Commission Saginbek Tursunov, State Secretary-Minister of
Foreign Affairs Kanat Saudabayev, UNDP Resident Coordinator Haolian
Shoo, British Ambassador Paul Brummel, Dutch DCM Mauritz ter Kuile
and others highlighted the importance of the National Plan for
Kazakhstan's further advancement in the area of human rights. The
Human Rights Commission also intends to present the National Plan in
Almaty, several other Kazakhstani regions, and international forums.
The Plan will be presented at the September OSCE Human Dimension
conference in Warsaw.
4. (U) While government representatives praised the National Plan
as a real success, Constitutional Council Chairman Igor Rogov warned
the Human Rights Commission against draft legislation that proposes
excessively radical reforms. According to Rogov, the government
must thoroughly study and discuss all National Plan recommendations
of amendments to existing laws before it undertakes any action.
Civil society representatives focused on current problems -- such as
the lack of fair trials and independent legal defense, adversarial
court proceedings, abuse, and torture -- that the National Plan aims
to address.
ZHOVTIS CASE
5. (U) Lawyer Vitaly Voronov (who defended Yevgeni Zhovtis during
his recent court trial for vehicular manslaughter [reftel B]) and
leader of Human Rights Charter, Zhemis Turmagambetova, both noted
serious problems in implementation of Kazakhstani law, citing
Zhovtis' court trial as an outrageous example. (NOTE: Speakers
particularly highlighted Zhovtis' current situation due to his key
role in the development of the Action Plan. END NOTE.) Human
Rights Commission Chairman Tursunov replied that the Commission is
fully aware of the case and shortly will publicize its statement.
He expressed confidence that the judiciary will fairly and
objectively handle the case. He reminded participants that the
first trial was not the end of the proceedings and hoped that the
appellate court will consider all comments.
CIVIL SOCIETY RESPONDS TO PLAN
6. (SBU) When asked for comment on the Plan, several NGO leaders
could not respond because they had just received a copy, although at
least one of them is listed as a member of the Human Rights
Commission and should have participated in putting it together.
Leader of the Almaty Helsinki Commission, Ninel Fokina (and member
of the Human Rights Commission) said that not all recommendations
were incorporated into the final text of the document. According to
her, its weakest point is its lack of legal power or implementation
mechanism. She reported, "The president just read it and approved
it. No formal assignments were given to the government." Leader of
the Human Rights Charter, Zhemis Turmagambetova, echoed this
sentiment, but asserted that "civil society will do its best to get
as much done as possible, particularly in the run-up to and during
Kazakhstan's OSCE chairmanship, because," he speculated, "after 2010
there will be little interest in human rights issues in
Kazakhstan."
ASTANA 00001516 002 OF 002
HOAGLAND