KAZAHKSTAN: SCA ASSISTANT SECRETARY BLAKE HEARS REALISTIC

UNCLAS SECTION 01 OF 02 ASTANA 002159

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E.O. 12958: N/A
TAGS: PGOV PREL PHUM EAID SOCI OSCE KZ
SUBJECT: KAZAHKSTAN: SCA ASSISTANT SECRETARY BLAKE HEARS REALISTIC
OPTIMISM FROM CIVIL SOCIETY LEADERS

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


2. (SBU) SUMMARY: Assistant Secretary for South and Central Asian
Affairs Robert Blake and the Ambassador found that civil society in
Kazakhstan is alive and well during a roundtable with democracy and
human-rights leaders on December 14 in Almaty. The activists
stressed that despite real problems in the areas of human rights and
democracy, the government's willingness to listen to and work with
civil society, particularly when drafting new legislation, is cause
for optimism. They especially praised the MFA's consultative
council that promotes dialogue between NGOs and the government,
which emerged in preparation for Kazakhstan's OSCE chairmanship.
END SUMMARY.


3. (SBU) In a December 14 lunch with civil society, SCA A/S Blake
characterized the relationship between the United States and
Kazakhstan as multi-faceted. He reinforced the importance of human
rights and democracy bilaterally and within the framework of the
Organization for Security and Cooperation in Europe (OSCE). He
stressed the importance of progress in all three OSCE dimensions
during Kazakhstan's chairmanship, but particularly within the human
dimension. Blake expressed concern about recent negative trends,
citing examples of the Zhovtis trial, criminal libel cases, and the
recent internet law. He asked lunch participants to speak frankly
about these trends and to offer suggestions for potential U.S.
assistance.

MIXED RECORD


4. (SBU) Director of local NGO Shanyrak Asylbek Kozhakhmetov stated
that Kazakhstan is moving toward democracy on the one hand, but is
also becoming less democratic. He cited as a real platform for
democratic dialogue the government of Kazakhstan's support for local
public councils, in which political parties, NGO representatives,
and government officials work together to solve local-level social
problems. He suggested that pursuit of a national-level version
would increase higher-level dialogue and prevent the government from
acting without the full knowledge of the potential impact and
reaction of its citizens. On the other hand, Kozhakhmetov stated,
the enactment of more restrictive laws signals backward movement.
He also asserted that he foresees no advancement toward the
registration of new political parties at this time. Kozhakhmetov
urged the Assistant Secretary to help ensure that "this drawback [in
democracy] does not turn into a complete retreat."

"WALKING THE TALK" ON DEMOCRATIC REFORM


5. (SBU) Iva Dobichina, Country Director for Freedom House, stated
that her organization is using the OSCE chairmanship as an
opportunity to support the Kazakhstani government's democratic
reforms. She highlighted the significant public dialogue about such
reforms, but that civil society is still waiting to see if the
Kazakhstani government will "walk the talk." Dobichina pointed to
the OSCE Consultative Council at the Kazakhstani Ministry of Foreign
Affairs as a positive mechanism for this kind of dialogue. She
characterized the National Action Plan for Human Rights as a
progressive document and noted "continuous support for its
implementation" as a main priority for the coming year. Other
priorities include encouraging continued support for the Office of
Democratic Initiatives and Human Rights' (ODIHR) mandate and
monitoring Kazakhstan's rhetoric on religious pluralism and
tolerance as it considers a freedom of religion law in 2011.
Dobichina said a national-level NGO council would be useful if it
could deliver recommendations on concrete steps the government could
take to demonstrate goodwill and commitment toward human rights and
democratic principles. She asked that the United States continue to
encourage the Kazakhstani government to work closely with civil
society.

PROGRESS ON JUDICIAL REFORM


6. (SBU) Julia Maliyeva, Chief of Party of USAID's Judicial

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Education Project, described the judicial system in Kazakhstan as a
"huge and hard machine to move," but noted progress within the past
year. She cited judicial ethics discussions during the recent
Congress of Judges in Astana as a positive step for judicial reform.
She also mentioned the Supreme Court's request for USAID assistance
to increase its capacity to adjudicate commercial law cases. At the
lower court levels, however, Maliyeva has found it difficult to
begin reform discussions without the instruction of higher-level
authorities.

STEPS BACK ON MEDIA FREEDOM


7. (SBU) Director of Adil Soz Tamara Kaleyeva described the
atmosphere of freedom of expression in Kazakhstan as one of
restrictive legislation, criminal prosecution of journalists, and
limited independent media outlets. She highlighted this past year's
enactment of two new restrictive laws, imprisonment of three
journalists, and bankruptcy from lawsuits of two independent media
outlets, with a third also in danger of slipping into bankruptcy.
She noted that attempts by civil society to influence the drafting
of media legislation have achieved no results. (NOTE: Kaleyeva is
involved in a new USAID-supported media monitoring of the judiciary
project. END NOTE.)


8. (SBU) According to Kaleyeva, Kazakhstan's OSCE chairmanship
provides an opportunity for civil society to push for democratic
reforms, but if no changes occur in 2010, expect backsliding in
2011, she warned. Dobichina noted that reforms have not been as
great as expected by activists, but she also offered that the
current economic crisis might explain the government's employment of
greater control.

SOME OPTIMISM FOR THE FUTURE


9. (SBU) All NGO participants agreed that they are able to conduct
their activities freely and noted that Kazakhstan does not usually
suppress dialogue with international human rights advocacy groups,
who are generally more critical of the government. The civil
society leaders stressed the benefits of exposing Kazakhstani
authorities to international experiences in the promotion of
democratic reform. As an example, they mentioned the Chairman of
the Supreme Court's interest in mediation centers and alternative
dispute resolution after he heard about other countries'
experiences. Others cited similar opportunities, particularly
within the judicial sector. Kozhakhmetov suggested a foreign
internship program to expose young Kazakhstani civil servants to
democratic values and ways to collaborate with civil society.


10. (SBU) As participants discussed in conclusion the next "carrot"
to entice Kazakhstan to pursue additional democratic reforms, A/S
Blake suggested that appealing to Kazakhstan's vision of itself as
an international leader might urge it toward reform.


11. (SBU) COMMENT: Kazakhstan's progress on democratic reform in
advance of its OSCE chairmanship fell short of civil society and
international expectations. However, civil society is alive and
well, and its dialogue with the government is growing. All
participants at the round table praised the MFA's consultative
council that promotes dialogue between NGOs and the government,
which emerged in preparation for Kazakhstan's OSCE chairmanship.
According to civil society leaders, the government willingly listens
to their concerns, even if does not always fully respond. END
COMMENT.


12. (SBU) A/S Blake has cleared this cable.

HOAGLAND