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

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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