Human rights in Kazakhstan

From Wikipedia, the free encyclopedia
Jump to: navigation, search
Emblem of Kazakhstan.svg
This article is part of a series on the
politics and government of
Kazakhstan

In 2009 Kazakhstan released a National Human Rights Action Plan. The Plan was published with the technical assistance of the United Nations Development Program in Kazakhstan within the framework of the project “Fostering National Capacities for the Development of a National Human Rights Action Plan in Kazakhstan.” [1]

The National Human Rights Action Plan provides recommendations and procedures regarding the "improvement of mechanisms for the realization of the constitutional rights of citizens. Particular attention is paid to reinforcing the independence of the judicial system, the development of non-judicial mechanisms for the protection of human rights and the protection of the civil, political, social, economic and cultural rights of citizens, including the rights of socially vulnerable groups, in harmony with international standards." [1]

The preparation of the Human Rights Action Plan for Kazakhstan is the result of a successful cooperation between the Government, the United Nations Development Programme, non-governmental organizations, other UN agencies and other partner organizations who definitely supported this endeavor, such as British Embassy to Kazakhstan, The Netherlands Embassy to Kazakhstan and the OSCE Center in Astana. The preparation of the Plan was preceded by a baseline study and report on human rights in Kazakhstan that analyzed the national legislation, the law enforcement practice and compliance with international law provisions in human rights protection. The Human Rights Commission and the group working on the Action Plan took note of the international experience and the successes and lessons learnt. Along with this stream of work, Kazakhstan has actively supported the establishment and work of the UN Council on Human Rights, and is initiating the Universal Periodic Review process, thus sending clear signals of its commitment to the human rights agenda.[1]

Kazakhstan's political structure concentrates power in the presidency. Current President Nursultan Nazarbayev was elected to a 7-year term in a 2006 election that, many observers note, fell far short of international standards.[2]

While civilian authorities maintained effective control of the security forces, members of the security forces are reported to have committed human rights abuses. On some occasions, members of the security forces, including police, tortured, beat, and otherwise mistreated detainees; some officials were punished for these abuses. Prison conditions remained harsh; however, the Government took an active role in efforts to improve prison conditions and the treatment of prisoners. The Government continued to use arbitrary arrest and detention and to selectively prosecute political opponents; prolonged detention was a problem. Amendments to several laws governing the authority of procurators further eroded judicial independence. The Government infringed on citizens' privacy rights.[2]

United National Human Rights Council[edit]

Kazakhstan was elected to the United Nations Human Rights Council (UNHRC) in 2012. [3]

Kazakhstan acknowledges the work is not yet finished, and is committed to continued improvement. Foreign Minister Idrissov asserted that Kazakhstan’s election to the UNHRC is not only “a badge of honor but [also] a spur to continue improving human rights abroad and at home.”

Addressing the UNHRC on March 1, 2011, then-Foreign Minister Kanat Saudabayev described Kazakhstan’s progress: “Over all these years we have steadfastly worked to realize basic human rights and freedoms, including in close cooperation with specialized organizations from the UN system and international human rights structures,” he said. “This strategic priority is the point and goal of the large-scale socioeconomic and sociopolitical reforms in all spheres of our society.”[4]

Politics, freedom of speech and the press[edit]

Political expression was reported to be restricted in Kazakhstan in the months leading up to presidential elections in December 2005, according to observers, including Human Rights Watch and Freedom House.[5] Kazakh authorities reportedly attempted to restrict freedom of speech and shut down independent media and civil society groups. In September, the Vremya printing house unexpectedly cancelled contracts with seven newspapers, with no explanation given. Likewise, other printing firms in Kazakhstan's former capital, Almaty, also refused to print the publications. After a week-long hunger strike by the editors of these papers, the Daur publishing house agreed to publish five of the newspapers. Virtually all of Kazakhstan's broadcast media are owned by firms closely associated with the government; newspapers are some of the few sources of independent reporting.[6]

It is reported that independent media have been targeted in several government lawsuits alleging journalists of "insulting officials' 'honor and dignity'", according to Human Rights Watch. At least four newspapers face legal action for criticism of officials. Likewise, Internet media have also been targeted, with access to websites critical of Kazakh President Nazarbaev and his policies having been blocked over recent months.

New national security laws in Kazakhstan limit free expression, Human Rights Watch (HRW) reports. The country's "Law on Mass Media" contain what may be "deliberately vague language" that may leave the legislation open to abuse for political purposes.

Additionally, over 30 civil society groups and NGOs have faced tax investigations and allegations of transferring Western aid money to political opposition parties.

Some outsider observers, including HRW, have noted increasing anxiety in the Kazakh government after recent democratic revolutions in former Soviet states including Georgia, Ukraine and Kyrgyzstan. Efforts to restrict dissent ahead of the 2 December 2005 elections may have indicated the government's attempt to prevent such transformation from occurring in Kazakhstan.[6]

Right to Fair Trial[edit]

According to a US government reported issued in March 2007, in Kazakhstan "[t]he law does not adequately provide for an independent judiciary. The executive branch limited judicial independence. Procurators enjoyed a quasi-judicial role and were permitted to suspend court decisions. . . . Corruption was evident at every stage and level of the judicial process. Although judges were among the most highly paid government employees, lawyers and human rights monitors alleged that judges, procurators, and other officials solicited bribes in exchange for favorable rulings in the majority of criminal cases."[7]

Religious freedom[edit]

The multiplicity of faiths in Kazakhstan is astounding considering its lengthy history of religious oppression. Islam is the majority religion with over 70% of the country’s population practicing. Over 25% of the country’s population practices mostly Russian Orthodox Christianity while there also exist small populations of Buddhists and Jews. [8]

The Constitution provides for freedom of religion, and the various religious communities worship largely without government interference. The generally amicable relationship among religions in Kazakh society contributes to religious freedom. Despite all this, the Government has encouraged local officials to limit the practice of religion by some nontraditional groups.

One national religious initiative that has gained prominence since independence from the Soviet Union is Kazakhstan’s determination to develop its interfaith and interethnic diversity in a holistic, well-meaning manner. Recently, the city of Astana hosted a 4th Congress of Leaders of World and Traditional Religions. Representatives from the United States and elsewhere organized the Congress which was held in late May. Among the participants were Imam Feisal Abdul Rauf, a leading moderate Muslim leader in the U.S., mostly known for his Cordoba Initiative, Rev. Robert Chase of Intersections International, a multi-faith social justice organization, Rev. Leonid Kishkovsky, director of external affairs from the Orthodox Church of America, Rabbi Andrew Baker, a chairman of OSCE, an organization combating anti-Semitism, Daisy Khan, a Muslim women’s rights activist, and William Vendley, General Secretary of the World Conference for Religions of Peace. The President of Kazakhstan Nursultan Nazarbayev pushed the idea for a Congress forward to help Kazakhstan’s faiths dialogue with each other about mounting religious tensions growing in the world, especially after the September 11th attacks in New York City. [8]

Forum 18, the Oslo-based religious-rights organization, reported in 2005 that Jehovah's Witnesses, Protestant groups and Hare Krishna followers, as well as Islamic groups not controlled by the state, have been targets of state hostility.

On November 20, 2006, three buses full of riot police, two ambulances, two empty lorries, and executors of the Karasai district arrived at the community in sub-zero weather and evicted the Hare Krishna followers from thirteen homes, which the police proceeded to demolish. The Forum 18 News Service reported, "Riot police who took part in the destruction threw personal belongings of the Hare Krishna devotees into the snow, and many devotees were left without clothes. Power for lighting and heating systems had been cut off before the demolition began. Furniture and larger household belongings were loaded onto trucks. Officials said these possessions would be destroyed. Two men who tried to prevent the bailiffs from entering a house to destroy it were seized by 15 police officers who twisted their hands and took them away to the police car."[9] The Hare Krishna community had been promised that no action would be taken before the report of a state commission – supposedly set up to resolve the dispute – was made public. On the day the demolition began, the commission's chairman, Amanbek Mukhashev, told Forum 18, "I know nothing about the demolition of the Hare Krishna homes – I'm on holiday." He added, "As soon as I return to work at the beginning of December we will officially announce the results of the Commission's investigation." Other officials also refused to comment.

In January 2008, under the new Article 164 'religious organizations' law, Kazakh secret police arrested Unification Church missionary Elizaveta Drenicheva.[10] As reported by Kazakhstan's television news, she was sentenced to two years in prison, simply for lecturing about the Divine Principle, her church's basic theology. Kazakhstan's own government Human Rights office protested her conviction.

Rule of Law[edit]

Kazakhstan hosts each year a Congress of Kazakh Judges. The 2013 Congress was attended by 600 judges from all regions of the country and representatives of OSCE, UNDP, staff of the EU representative office in Kazakhstan, as well as judges of the CIS Economic Court and EurAsEC Court.[11]

On 18 February 2014 in Astana, the Human Rights Ombudsman Askar Shakirov and representative of UN Children's Fund (UNICEF) in Kazakhstan Jun Kukita have signed a Memorandum of Understanding in the field of protection and promotion of children's rights in Kazakhstan. "Memorandum for 2014-2015" has been concluded for the implementation of international human rights treaties, in particular, the UN Convention on the Rights of the Child; the Convention against torture and other cruel, inhuman or degrading treatment or punishment; the Law On the Rights of the Child and Kazakh President's state-of-the-nation address to the people "Kazakhstan's way-2050: common goal, common interests, common future."[12]

President Nursultan Nazarbayev signed a law "About introduction of amendments and additions to legislative acts of the Republic of Kazakhstan concerning the Counteraction to Domestic Violence" that will prevent and suppress domestic violence.[13]

Justice Sector Institutional Strengthening Project The Justice Sector Institutional Strengthening Project, a project to strengthen judicial services in Kazakhstan and to improve the key legal and rule of law environment, will receive a $36 million loan from the World Bank Group.[14] The five-year project is designed to help strengthen the implementation of key elements of the legal and institutional framework. Notably, the project will introduce modern and transparent dispute resolution systems and improve judicial efficiency.[14] The World Bank has invested $6.8 billion for 40 projects in Kazakhstan.[14] The project is seen as part of the Kazakh Government’s efforts to modernize justice system and ensure better rule of law.

See also[edit]

Notes[edit]

  1. ^ a b c National Human Rights Action Plan 2009-2012
  2. ^ a b US State Department 2004 Country Report on Human Rights:Kazakhstan
  3. ^ [1], UNHRC
  4. ^ "Astana’s Rights Record in the Spotlight". EurasiaNet.org. 
  5. ^ Freedom House:[2]
  6. ^ a b International Freedom of Expression Exchange:GOVERNMENT MUZZLING FREE EXPRESSION IN RUN-UP TO ELECTIONS, 19 October 2005
  7. ^ "Country Reports on Human Rights Practices - 2006: Kazakhstan," Released by the Bureau of Democracy, Human Rights, and Labor. http://www.state.gov/g/drl/rls/hrrpt/2006/78820.htm. Retrieved on July 31, 2007
  8. ^ a b [3], BeliefeNet
  9. ^ Forum 18 News Service:KAZAKHSTAN: Will rest of Hare Krishna commune now be destroyed?, 24 November 2005
  10. ^ [4] broken link
  11. ^ "Astana hosts sixth Congress of Kazakh Judges". Trend.az. 
  12. ^ http://kazinform.kz/eng/article/2632072
  13. ^ http://www.bnews.kz/en/news/post/187920/
  14. ^ a b c "Institutional Strengthening of the Justice Sector in Kazakhstan". The World Bank. 

External links[edit]

Human rights reports
News articles