US embassy cable - 05ALMATY342

UNCLAS  ALMATY 000342 
 
SIPDIS 
 
 
SENSITIVE 
 
DEPARTMENT FOR EUR/CACEN (JMUDGE), EUR/ACE (MO'NEAL), 
DRL/PHD (PDAVIS) 
 
DEPARTMENT PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, EAID, KZ, Human Rights, POLITICAL 
SUBJECT: AMBASSADOR'S MEETINGS WITH PRESIDENTIAL CHIEF OF 
STAFF DZHAKSYBEKOV AND SENATE SPEAKER ABYKAYEV ON TREATMENT 
OF DEMOCRACY NGOS AND POLITICAL OPPOSITION 
 
REF: Almaty 152 
 
1. (SBU) Summary:  During separate meetings on January 25 
with Head of Presidential Administration Adilbek 
Dzhaksybekov and Senate Speaker Nurtay Abykayev, Ambassador 
cautioned that recent law enforcement raids targeting 
democracy NGOs and the dissolution of opposition party 
Democratic Choice of Kazakhstan (DCK) could negatively 
impact Kazakhstan's prospects for certification of progress 
on human rights.  Dzakhsybekov maintained that Soros was 
welcome in Kazakhstan and asked Ambassador to convey an 
invitation to Mr. Soros to visit Kazakhstan and meet 
President Nazarbayev.  The PA Chief argued that NGOs such as 
NDI were inciting confrontation with the government and that 
law enforcement had a responsibility to act.  Ambassador 
counseled maintaining lines of communication to the U.S. 
mission on the actions of USAID implementing NGO partners. 
He also noted the Prosecutor General's suggestion of a 
meeting between his office and NGOs to improve compliance 
with local legal requirements.  Dzkhasybekov and Abykayev 
told Ambassador that DCK's non-recognition of the government 
and call for civil disobedience in its party platform 
required a response from the government.  Abykayev 
acknowledged, however, that the government should not act 
precipitously.  End Summary. 
 
2. (SBU)  Ambassador reviewed the certification process for 
U.S. assistance with PA Chief Dzhaksybekov, highlighting the 
legislation's requirement that Kazakhstan demonstrate 
significant progress on human rights and democratic reform. 
Recent events, particularly raids by tax, customs and 
immigration authorities targeting USAID's implementing NGO 
partners for democracy programs and the liquidation of 
political opposition party DCK, could hinder certification 
and jeopardize programs important to bilateral cooperation, 
Ambassador warned.  Astana, he pressed, should not allow the 
progress that has been made to be overshadowed. 
 
3. (SBU) Dzhaksybekov responded that there was no "message" 
behind the visits by law enforcement authorities to 
democracy NGOs.  These are "routine" calls in conjunction 
with the start of a new year.  Local authorities, however, 
had a duty to pursue violations of the law.  Dzakhsybekov 
acknowledged the tensions created by the handling of the 
Soros case.  The PA Chief insisted, however, that President 
Nazarbayev bore no political ill will toward Soros. 
Ambassador noted that a report of a Customs visit to the 
Soros office just a few hours earlier created a different 
impression. 
 
4. (SBU) Dzhaksybekov asked why Soros had appointed board 
members such as Ak Zhol's Abilov and DCK's Kozhakhmetov who 
were trying to "destabilize" society.  The opposition, he 
continued, then proclaims these appointments as a sign of 
U.S. support.  Ambassador explained that while the United 
States supports the right of Soros to carry out its work, 
the USG does not influence decisions on selection of board 
members.  Dzhaksybekov expressed admiration for the work of 
Soros -- "it's just the people with the Fund in Kazakhstan" 
-- and asked that the Ambassador relay to Mr. Soros an 
invitation to meet President Nazarbayev in Kazakhstan. 
 
5. (SBU) Turning to the treatment of other NGOs, 
Dzhaksybekov described Kazakhstan's concerns as more 
serious.  He repeated charges that NDI had arranged for 
Kazakhstani students to go to Ukraine during the elections 
to receive training in destabilizing society (reftel).  NDI 
and Freedom House, he charged, were attempting to incite 
training participants into confrontation with the 
government. 
 
6. (SBU) Ambassador explained that NDI Ukraine had invited 
the students, and that the aim of the trip was simply to 
give the students experience as elections observers. 
Destabilization is not the aim of U.S. programs, he said. 
Ambassador asked that Kazakhstani authorities come to him 
and the Embassy if there is a belief that USAID implementing 
partners are violating the law.  Ambassador noted and 
welcomed the Prosecutor General's suggestion at their 
January 24 meeting that the PG's office should meet with 
NGOs to cover questions of legal compliance (septel). 
 
7. (SBU) As for DCK, Dzhaksybekov said that the party was 
responsible for its legal problems due to its denouncing the 
government as illegitimate and calling for civil 
disobedience.  Deputy Foreign Minister Volkov added that 
DCK's pronouncements were not simply statements made in the 
 
heat of a political meeting, but were also part of DCK's 
party platform.  Ambassador questioned "liquidating" DCK and 
whether this was an overly drastic response.  He cautioned 
that a legal break up of the party less than a year after 
registration would almost certainly have an impact on 
certification.  Dzhaksybekov insisted that the DCK's 
situation was a legal issue, and that the Prosecutor General 
had a responsibility to act. 
 
8. (SBU) In a separate meeting on January 25, Ambassador 
also raised DCK's case with Senate Speaker Abykayev, noting 
the potential negative impact that dissolution of the party 
could have on Kazakhstan's prospects for certification. 
Liquidation of DCK, Abykayev said, was not final; court 
appeals were still ahead.  Commenting on the case, Abykayev 
viewed DCK's call for disobedience as requiring a government 
response.  The Senate Speaker offered, however, that a 
decision on DCK's future should not be made hastily. 
 
ASQUINO 
 
 
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