US embassy cable - 05ALMATY409

UNCLAS  ALMATY 000409 
 
SIPDIS 
 
 
SENSITIVE 
 
DEPARTMENT FOR DRL/PHD (PDAVIS) DRA/CRA (ERAMSBORGER) 
EUR/CACEN (JMUDGE) 
 
E.O. 12958: N/A 
TAGS: PHUM, KDEM, PREL, PGOV, ELAB, KPAO, KSEP, KZ, Human Rights, POLITICAL 
SUBJECT: 2004-05 SUPPORTING HUMAN RIGHTS AND DEMOCRACY: THE 
U.S. RECORD IN KAZAKHSTAN 
 
REF: 04 STATE 267453 
 
1.  (SBU) The following is the draft summary of U.S. 
strategy and efforts to combat human rights abuses and 
bolster democracy in Kazakhstan for 2004-05. 
 
BEGIN DRAFT STRATEGY TEXT: 
 
In Kazakhstan, the United States forcefully advocated 
support of human rights and democracy, emphasizing that 
bilateral cooperation on economic and security issues is a 
complement, not a substitute, for meaningful progress. 
Throughout 2004, the U.S. mission's human rights and 
democracy strategy looked to build on the positive steps 
forward in 2003 with special emphasis on preparations for 
the September parliamentary elections. The U.S. mission 
focused on building a legal environment and supporting civil 
society development that would help create an environment 
for elections that meet international standards. 
 
The Embassy vigorously urged the GOK to draft an election 
law that would meet international standards.  Prior to the 
elections, Kazakhstan adopted and passed an elections law 
that, while not fully meeting international standards, was 
an improvement over existing legislation.  While the OSCE 
ultimately determined that the elections fell short of 
international standards, U.S. diplomatic efforts and 
assistance contributed to a more open pre-election 
environment.  The Embassy also advocated rejection of a 
flawed media law that would have impeded freedom of speech, 
in particular campaign reporting, and regularly raised 
concern over a series of legal actions aimed at independent 
media.  After much public debate and criticism of the media 
law, President Nazarbayev vetoed the legislation.  An Almaty 
court dropped criminal libel charges against one journalist 
due to lack of evidence.  The Deputy Secretary, the 
Assistant Secretary for European and Eurasian Affairs, the 
Ambassador, and other U.S. mission members advocated   the 
registration of opposition political party Democratic Choice 
of Kazakhstan (DCK).  We continued to encourage the 
Government of Kazakhstan to find a just resolution in the 
case of DCK leader Galymzham Zhakiyanov, convicted in 2002. 
DCK was ultimately registered in time to participate in the 
elections, and Zhakiyanov was moved from a "strict regime" 
prison to a penal colony with greater freedom of movement 
and interaction.  At year's end, DCK faced a legal action to 
"dissolve" the party based on a statement adopted at its 
December 11 party congress that rejected the government's 
legitimacy and called for civil disobedience.  The 
Ambassador raised the case with a range of senior 
Kazakhstani officials and encouraged an approach that would 
permit the party to continue to function. 
 
In tandem with our diplomatic engagement, the Freedom 
Support Act funded a range of activities in support of human 
rights and democratic reform.  During the run up to the 
September parliamentary elections, U.S. government provided 
non-partisan, capacity-building support to improve political 
party, civil society, and independent media participation in 
the electoral process.  U.S. officials, including more than 
half of the Embassy's officers, volunteered for the 
OSCE/ODIHR election observation mission.  Two USAID 
implementing partners, the National Democratic Institute and 
the International Republican Institute, conducted more than 
58 training sessions across Kazakhstan, covering all 
registered political parties.   A Department of State grant 
enabled local NGO Association of Sociologists and Political 
Scientists (ASIP) to conduct a nationwide voter exit-poll. 
Assisted by a USAID grant, the local NGO Republican Network 
of Independent Monitors (RNIM) conducted a Parallel Vote 
Tabulation Report comparing local precincts' election night 
protocols to the Central Election Commission's final vote 
count.  The RNIM report highlighted serious irregularities 
in the CEC's vote tabulation, providing quantitative 
evidence to support qualitative concerns expressed in the 
OSCE/ODIHR field mission's final elections report. 
 
In addition to supporting political party development and 
transparency in the electoral process, the United States 
promoted democratic progress by providing funding to NGOs 
engaged in non-partisan voter engagement and education. U.S. 
 
 
grant assistance funded the Youth League of Voters, a 
project run by Kazakhstani NGO Youth Information Service of 
Kazakhstan; other U.S. assistance funds underwrote a "Youth 
in Elections" national debate tournament.  USAID managed a 
$300,000 small grants fund in which 31 grants were awarded 
to 25 NGOs and six media outlets, with most grants focusing 
on voter information campaigns and voters' rights.  U.S. 
grant programs also enabled six independent stations to 
produce election-focused talk shows and debate programs. 
The United States funded a contest eliciting election- 
related Public Service Announcements (PSAs) resulting in 
rebroadcast of six PSAs and seven radio jingles by 16 
television and 17 radio stations. 
 
Support for the rule of law and a strong civil society 
remained a fundamental goal of U.S.-funded training programs 
for NGOs and Kazakhstani officials.  Lawyers provided 387 
consultations to civil society organizations during the year 
through a variety of U.S.-funded programs.  Strengthening 
the skills of the next generation of Kazakhstani attorneys, 
a U.S.-funded pro bono tax clinic at Turan University 
trained 20 students in practical skills and provided aid to 
240 indigent clients.  This year's Jessup International Moot 
Court Competition, which provides an opportunity for law 
students to practice and develop their written and oral 
advocacy skills and to learn about trial tactics and 
substantive areas of international law, drew a record- 
breaking 126 participants. The American Bar Association's 
Central European and Eurasian Law Initiative also completed 
the first Judicial Reform Index, funded by a grant from 
USAID.  This index gives a comprehensive overview of the 
strengths and weaknesses of the current legal system, 
providing a roadmap for future advocacy and capacity 
building. 
 
For 2003-2004, the country's premier human rights NGO, 
Kazakhstan International Bureau for Human Rights and Rule of 
Law (KIBHR), was awarded one of ten $50,000 grants given by 
the Department of State's DRL bureau for a project to 
support human rights and foster civil society. The KIBHR 
program trained 20 human rights defenders in international 
legal standards, enforcement mechanisms, networking, 
advocacy, and prison monitoring.  Another U.S.-funded 
program enabled KIBHR to expand its network to six more 
regional centers, giving the NGO coverage throughout 
Kazakhstan. 
 
Through USAID, the United States provided $252,000 in 
institutional grants in 2004. Civic development grants went 
to NGO programs focused on youth, women, the elderly, and 
the disabled.  A new civic advocacy component was added to 
USAID's civil society program, enabling more resources to be 
devoted to advocacy campaigns, skills, and membership-based 
NGOs.  The Embassy's Democracy Commission awarded an 
additional $220,000 in grants to NGO projects, including 
projects focused on providing professional development for 
NGO associations and for local government officials, 
improving cooperation between NGOs and the government, and 
providing education to officials and legal support to 
prisoners to discourage and reduce incidents of prisoner 
abuse.  International Visitor Programs sent small groups of 
Kazakhstani citizens to the United States to meet with 
subject matter experts; topics of 2004 programs included 
Trafficking in Persons, independent media, and religious 
diversity.  During reporting trips around the country 
throughout the year, Embassy officers followed up with 
current and former grantees and IV alumni; these visits 
helped the Embassy better target future grants and programs. 
Most grantee NGOs had accomplished the goals set, and 
Embassy officers noted that IV alumni often remembered the 
program as a life-changing event. 
 
Assistance and training for NGOs was complemented by U.S.- 
funded professional skills training for Kazakhstani law 
enforcement. The Embassy organized professional development 
seminars for the press relations officers of local 
prosecutors' offices to encourage effective publicity of 
anti-trafficking in persons efforts and better relations 
with media outlets.  The Department of State's Bureau of 
International Narcotics and Law Enforcement (INL) conducted 
educational seminars for policeman and local government 
 
 
authorities that touched on several human rights issues, 
most notably combating trafficking in persons, promotion of 
the rule of law through introduction of a jury system, and 
training that focused on evidence-based, versus "confession- 
based," crime investigation techniques.  Moving away from 
"confession-based" criminal investigations will serve the 
dual purpose of sharpening law enforcement investigative 
accuracy while reducing reliance on a system that promotes 
abuse of detainees. 
 
The United States continues to encourage the government of 
Kazakhstan to live up to its OSCE commitments to support 
human rights and promote democracy.  Kazakhstan's success in 
areas such as promotion of religious diversity and combating 
trafficking in persons provide good examples for progress in 
other areas.  The United States will remain committed to non- 
partisan promotion of political pluralism and governance 
that reflects the political will of its citizens, and will 
remain engaged with the government of Kazakhstan at every 
level to reiterate that commitment. 
 
END DRAFT TEXT 
 
2. (U) Addendum listing USG-funded human rights and 
democracy programs of USD 100,000 or more will be sent via 
septel. 
 
3. (U) Dushanbe minimize considered. 
 
ORDWAY 
 
 
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