KAZAKHSTAN: JUSTICE MINISTER BALIYEVA EXPRESSES

UNCLAS SECTION 01 OF 02 ASTANA 000308 SENSITIVE SIPDIS STATE FOR SCA/CEN, INL, DRL, G/TIP E.O. 12958: N/A TAGS: PGOV PREL PHUM SOCI KCRM KDEM KZ SUBJECT: KAZAKHSTAN: JUSTICE MINISTER BALIYEVA EXPRESSES APPRECIATION FOR U.S. ASSISTANCE ¶1. (U) Sensitive but unclassified. Not for public Internet. ¶2. (SBU) SUMMARY: During a February 19 meeting with the Ambassador, Minister of Justice Zagipa Baliyeva expressed appreciation for U.S. government assistance to her ministry and asked for further support. She noted in considerable detail Kazakhstan's progress in countering trafficking-in-persons (TIP),and said the government is committed to opening up government-funded TIP shelters. She explained that Kazakhstan has taken steps, including legislative changes, to better protect intellectual property rights (IPR) and is willing to do more. Baliyeva thanked the Ambassador for U.S. assistance to the Ministry's Forensics Center. She asked for support in legislative drafting and on penal reform. The Ambassador told Baliyeva that we consider the Madrid commitments legislation to be a step forward on democratization, and want to help Kazakhstan take further steps -- which could include decriminalizing libel and creating independent electoral commissions with representatives of all political parties plus NGOs. Baliyeva maintained that all parties already have the right to participate in electoral commissions, but some had previously disrupted their work by failing to show up at their meetings. She described the political opposition as "opponents" of the government, but not its "enemies." END SUMMARY. PROGRESS ON TIP ¶3. (SBU) During a February 19 introductory meeting with the Ambassador, Minister of Justice Zagipa Baliyeva expressed appreciation for U.S. government assistance to her ministry and asked for further support. The Ambassador noted that we had recently sent Baliyeva Secretary Clinton's response to Baliyeva's congratulatory letter. (NOTE: Baliyeva explained that she had been introduced to the Secretary by President Nazarbayev's wife, Sara Nazarbayeva, when the Secretary was First Lady. END NOTE.) Baliyeva asked the Ambassador to convey her best wishes to Attorney General Holder. The Ambassador said that we would welcome the opportunity to arrange a trip to Washington for Baliyeva to meet with her U.S. counterparts. ¶4. (SBU) Baliyeva ran point-by-point through our bilateral cooperation on trafficking-in-persons (TIP),intellectual property rights (IPR),and forensics. Noting that she heads the government's inter-agency anti-TIP commission, Baliyeva stressed that Kazakhstan takes into account recommendations from international organizations and other governments, including the United States, in its anti-TIP efforts. The government also cooperates closely with international and local NGOs on the issue. She described the U.S. government's decision to raise Kazakhstan's ranking to "Tier 2" in our latest TIP report as an "incentive" for Kazakhstan to do even more. She expressed appreciation for the recent MOU signed by INL, her ministry, and the Ministry of Internal Affairs for $350,000 for TIP programs, and explained that some of the money is being used for study tours to learn the experiences of other countries. Baliyeva said that the government is fully on board in opening up government-funded shelters for trafficking victims. She noted that INL is assisting in setting up a video teleconference for the Kazakhstanis to discuss with their Georgian counterparts Georgia's experience with such shelters. ¶5. (SBU) Baliyeva explained that the government is providing assistance to NGOs for educational campaigns about the risks of trafficking. She handed the Ambassador a booklet on trafficking, prepared with government funding by the NGO "Patriot," which is distributed to departing travelers at Kazakhstan's airports. (NOTE: The booklet explains how to avoid becoming a trafficking victim and provides contact information for Kazakhstani diplomatic missions abroad. At the end of the meeting, the Baliyeva gave the Ambassador a tour of the Ministry's impressive high-tech call center, which handles inquiries from the public 24 hours a day, including on TIP issues. END NOTE.) DOING MORE ON IPR ¶6. (SBU) Baliyeva explained to the Ambassador that Kazakhstan has ASTANA 00000308 002 OF 002 been taking steps to better protect intellectual property rights (IPR) in close cooperation with its international partners, including the United States. This includes recent legislative improvements. She said that if any of Kazakhstan's partners have specific issues regarding Kazakhstan's IPR protection efforts, her ministry would be happy to try to address them. The Ambassador said he had recently discussed accelerating bilateral negotiations on Kazakhstan's WTO accession with Prime Minister Masimov and Vice Minister of Trade and Industry Zhannar Aitzhanova (who is Kazakhstan's lead WTO negotiator). WTO accession requires meeting standards on IPR protection. The United States might be able to provide additional technical assistance to Kazakhstan on IPR, he suggested. FORENSICS CENTER: ASSISTANCE APPRECIATED ¶7. (SBU) Baliyeva also expressed appreciation for equipment we have provided to the Ministry's Forensic Center. She explained that the Center is working on improving its capabilities, and noted that its director is currently in Colorado at an international forensics conference. REQUEST FOR HELP IN LEGISLATIVE DRAFTING, PENAL REFORM ¶8. (SBU) Baliyeva requested assistance in two new areas -- in legislative drafting and on penal reform. She explained that Kazakhstan had improved prison conditions, decriminalized a number of offenses, and reduced its prison population significantly, with Kazakhstan's per capita incarceration rate falling from third place to twenty-fifth in comparison with other countries. Kazakhstan still has much to learn on penal issues from other countries, including the United States, she stressed. The Ambassador said that we would see how we could assist in these areas. He asked Baliyeva whether Kazakhstan used European or Russian models in developing its legislation. She explained that Kazakhstan studies all international practice and then uses whatever model or models work best in a given case, taking into account Kazakhstan's own customs and traditions. OPPOSITION ARE "OPPONENTS," NOT ENEMIES ¶9. (SBU) The Ambassador noted that President Nazarbayev recently signed into law the Madrid commitments legislation (i.e., amendments to Kazakhstan's election, political party, and media laws.) He told Baliyeva that we consider this a step forward on democratization, and are ready to work with Kazakhstan on further steps. Two of these steps could include legislative changes to decriminalize libel and create independent electoral commissions with participation from all political parties as well as from NGOs. Baliyeva reminded the Ambassador that she had headed the Central Election Commission for nine years (1996-2005),and thus had a lot of experience in election issues. She offered to have a separate conversation with the Ambassador to express in more detail her views and experiences. She contended that existing law does, in fact, give all parties the right to participate in electoral commissions, but they do not want to take advantage of this opportunity. Baliyeva complained that in prior elections, representatives of some parties tried to disrupt the work of electoral commissions by not showing up for their meetings. That all said, she stressed that she views the opposition as "opponents" not "enemies," "and is it necessary to have opponents so that the government is forced to come up with good policies." ¶10. (SBU) COMMENT: Minister Baliyeva, whose hobbies include parachute jumping, is impressive. Both business-like and cordial, she was extremely well briefed. Having now officially met the Ambassador, she told him she would feel free to "bug" him at any time. He encouraged her to do so as we work to achieve our mutual interests. END COMMENT. HOAGLAND