US embassy cable - 05ALMATY1525

UNCLAS ALMATY 001525 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/CACEN 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PINR, KZ, POLITICAL 
SUBJECT: KAZAKHSTAN: ELECTION COMMISSION CHAIR, JUSTICE 
MINISTER SWITCH PLACES 
 
 
1.  (U) Summary:  The GOK announced April 13 that Zagipa 
Baliyeva, the long-serving chair of the Central Election 
Commission, was stepping down from her position in advance 
of the scheduled completion of her term in May.  The 
Parliament quickly approved the nomination of Justice 
Minister Onalsyn Zhumabekov as her replacement.  A day 
later, the Presidential administration announced Baliyeva's 
appointment as Minister of Justice.  End Summary. 
 
2.  (SBU) Zagipa Yakhyanova Baliyeva (nee Iskakova), 46, has 
served on Kazakhstan's Central Election Commission since 
1995 and has chaired it since 1996.  She administered the 
1999 presidential election and parliamentary elections, as 
well as the September 2004 elections to the lower house of 
parliament.  Baliyeva presided over the modernization of the 
country's electoral system, most notably the introduction of 
electronic voting in 2004.  While some mechanisms of 
election management improved during her tenure, the OSCE has 
consistently found that elections in Kazakhstan do not meet 
international standards.  Baliyeva has not taken this 
criticism well, and has harshly criticized the OSCE for a 
lack of objectivity. 
 
3.  (SBU) Baliyeva is a lawyer by training.  Her legal 
practice consisted mostly of advising regional-level 
government structures in the Kazakh SSR during the Soviet 
period, as well as in the Almaty city administration 
following independence. 
 
4. (SBU) Onalysn Islamovich Zhumabekov, 56, was appointed 
Minister of Justice in February 2003 after a long career in 
the Procuracy of the Kazakh SSR and the Republic of 
Kazakhstan.  While certainly loyal to President Nazarbayev, 
his reputation among lawyers in Kazakhstan is enhanced by 
the perception that he is not associated with a particular 
elite political clique.  During his tenure, the Justice 
Ministry has broadened its competence and influence, gaining 
control of the judiciary, the prison system and the power to 
review every single piece of legislation originating in the 
Government, as well as all international agreements.  As 
Justice Minister, Zhumabekov was a reasonable, relatively 
open-minded interlocutor for the USG.  Though it has taken 
time and close engagement, the Ministry has for example 
become very cooperative in addressing U.S. concerns about 
trafficking in persons.  At the same time, concerns have 
been raised over several recent initiatives to combat 
extremism, which appear to be susceptible to abuse by the 
authorities. 
 
5. (SBU) The Mazhilis (lower house of Parliament) 
overwhelmingly accepted Zhumabekov's nomination.  Only one 
member, Kazakh nationalist Amengeldy Aitaly, raised any 
objection, insisting that Zhumabekov account for his 
activities after the December 1986 mass protest in Almaty. 
At the time, Zhumabekov was the deputy prosecutor of the 
Almaty region.  He responded that the Almaty city 
authorities and the internal affairs authorities, not his 
office, were responsible for any repressions that took place 
after the disturbance. 
 
Comment 
------- 
 
6. (SBU) Baliyeva's departure did not come as a surprise. 
She had served nearly ten years in the same job and her term 
was due to end in May.  Baliyeva seems not to have wanted to 
continue in the chairmanship through the 2006 presidential 
election.  Given her often difficult relations with 
international observers, the GOK probably calculates that a 
new face at the CEC can only help its standing.  Zhumabekov 
may be that face, but he is also strongly associated with 
the disappointing series of amendments to the election laws 
recently approved by Parliament.  Notably, Zhumabekov 
reportedly declined to confirm the time of the next 
Presidential election when questioned by the press after his 
appointment.  The GOK has repeatedly stated that the 
presidential election will not be held until December 2006, 
nearly eight years after the previous election, even though 
the Kazakhstani constitution sets the President's term at 
seven years. 
 
ASQUINO 
 
 
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