US embassy cable - 05ALMATY1720

UNCLAS  ALMATY 001720 
 
SIPDIS 
 
 
STATE FOR EUR/CACEN (JMUDGE), EUR/RPM, DRL/PHD (PDAVIS), 
DRL/IRF (NHEWETT) 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, KIRF, PHUM, KZ, POLITICAL 
SUBJECT: KAZAKHSTAN: AMB. MINIKES' MEETING WITH HUMAN RIGHTS 
ACTIVISTS 
 
 
1.  (SBU) SUMMARY: In an April 25 roundtable, Kazakhstani 
human rights activists described for Amb. Minikes a rapidly 
deteriorating environment in which the GOK is implementing a 
series of troubling pieces of legislation designed to 
increase state control over society.  With one exception, 
they believed that Kazakhstan did not deserve to be selected 
as OSCE Chairman in Office in 2009.  One participant claimed 
that the GOK's repressive tactics have already strengthened 
the opposition.  END SUMMARY. 
 
2.  (U) During a visit to Kazakhstan to discuss the GOK's 
bid for the 2009 OSCE chairmanship, Ambassador Stephan 
Minikes held a roundtable discussion of human rights issues 
on April 25 in Almaty with Ninel Fokina of the Almaty 
Helsinki Committee; Roman Podoprigora, Adilet Law School; 
Tamara Kaleyeva, President of Adil Soz (International 
Foundation for Protection of Speech); Oleg Katsiyev, 
Director of Internews; Maria Pullman of the Kazakhstan 
International Bureau of Human Rights (KIBHR); Dos Kushim, 
head of the Republican Network of Independent Monitors; and 
Vera Tkachenko of Prison Reform International.  The 
Ambassador and POEC chief (notetaker) also participated. 
 
3. (SBU) Amb. Minikes kicked off the conversation by 
explaining that he was in Kazakhstan to discuss the GOK's 
bid to chair the OSCE in 2009.  He noted that while the 
formal decision will be taken at the December 2006 
ministerial, in reality the decision-making process needed 
to begin now.  Postponement of the bid might be an option. 
Although it might be beneficial from a strategic perspective 
for Kazakhstan to have the chair, such a decision should 
only be reached if it could be justified in the context of 
the organization's principles.  The CiO is a significant 
responsibility which requires the country to lead by 
actions, not just words. 
 
----------------------------- 
Adherence to OSCE Commitments 
----------------------------- 
 
4. (SBU) Fokina commented that in all of its reports over 
the past four years, the Almaty Helsinki Committee had 
described a worsening human rights situation in Kazakhstan. 
The deterioration was now escalating into an "avalanche" of 
new problems.  Fokina claimed that the legislative system 
has been severely damaged, with human rights principles 
having been replaced by national security concerns and 
expediency.  She noted that a package of amendments to 11 
laws aimed at increasing national security, put forward in 
response to events in Kyrgyzstan, would infringe on the 
right to privacy, inviolability from search, free speech, 
freedom of movement, and freedom of association.  Fokina 
added that troubling amendments to the law on state secrets 
and the law on martial law were also in the works.  The 
draft law on NGOs and non-commercial organizations announced 
April 20 was copied from the "Uzbek model." 
 
5. (SBU) Podoprigora, an expert on religious freedom issues, 
echoed Fokina's negative assessment.  He stated that the 
situation had deteriorated considerably in recent years, 
both due to problematic legislation and increasing GOK 
supervision of religious activities.  The GOK uses the 
excuse of the need to fight radical Islam for these changes, 
but in reality applies the measures to a wide range of law- 
abiding religious groups.  The package of draft national 
security amendments would require registration of religious 
organizations and limit missionary activities; it also 
contained troubling provisions regarding the religious 
education of children and the suspension or liquidation of 
religious organizations. 
 
6. (SBU) Kaleyeva noted that the GOK is attempting to 
strengthen the law on media to its own advantage.  Pressure 
on the media is increasing through GOK moves to bankrupt 
certain outlets and set up newspapers with almost identical 
names to independent media.  Kaleyeva told Amb. Minikes that 
while the GOK claims there are eight independent papers in 
Kazakhstan, Adil Soz believes there are only four.  She 
described the recent arrest of Respublika editor Irina 
Petrushova in Moscow as a GOK pressure tactic. 
 
7. (SBU) Tkachenko voiced concern about the draft law on 
NGOs and non-commercial organizations announced April 20; as 
 
 
written, it would result in "total GOK control" of civil 
society.  It would require international organizations to 
function only through registered branch or representative 
offices.  These offices would have to be headed by 
Kazakhstani citizens.  Local NGOs would require the 
permission of local authorities to receive funding from 
international organizations.  Finally, Tkachenko noted, NGOs 
and NCOs would be required to notify local authorities of 
their activities, including participant names, ten days 
before every event.  Tkachenko noted that it was not clear 
whether the legislation would pass; some deputies had 
already spoken out against it. 
 
-------------------- 
Kazakhstan's CiO Bid 
-------------------- 
 
8. (SBU) Tkachenko noted that recent GOK actions cast doubt 
on Kazakhstan's suitability to be the OSCE Chairman in 
Office.  Katsiyev commented that it would be nave to expect 
the GOK to implement serious reforms if it were selected 
CiO.  The exact opposite would happen: the GOK would 
announce that Kazakhstan had been chosen because it met 
international requirements and enjoyed the full confidence 
of the OSCE.  Katsiyev added that the CiO bid is not 
important to Nazarbayev; his primary goal is to preserve his 
own power.  Kaliyeva observed that giving Kazakhstan the 
chairmanship would be akin to "forgiving all its sins, when 
the biggest sins are yet to come."  Pullman reasoned that if 
observance of OSCE standards is a criterion for the CiO bid, 
it is not even possible to discuss Kazakhstan receiving the 
CiO under present circumstances. 
 
9. (SBU) Kushim was the only member of the group who 
supported Kazakhstan's CiO bid.  He stressed that the 
chairmanship would be an honor for the country, not for the 
President.  Kazakhstan deserves to be recognized for the 
fact that it has made more progress than all other Central 
Asia countries.  Kushim acknowledged that the situation was 
far from ideal, however; he noted that the GOK's efforts to 
strengthen its hold on power had actually had the unintended 
consequence of increasing the size of the opposition.  One 
example was the students that RNIM sent to Ukraine to 
observe elections there.  When they returned they were 
investigated by the authorities and threatened with 
expulsion from university.  These students had now become 
members of the opposition.  Another example were Muslims who 
wanted to be independent of the official religious 
structure.  Kushim said that the amendment to the election 
law banning demonstrations would alienate even more voters. 
 
10. (U) Dushanbe minimize considered. 
 
ORDWAY 
 
 
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