US embassy cable - 05ALMATY1856

UNCLAS  ALMATY 001856 
 
SIPDIS 
 
 
SENSITIVE 
VIENNA FOR USOSCE 
 
E.O. 12958: N/A 
TAGS: PREL, PHUM, KDEM, KZ, POLITICAL 
SUBJECT: USOSCE AMBASSADOR MINIKES' MEETINGS WITH ASTANA 
OFFICIALS 
 
 
1. (SBU) Summary. On April 26, U.S. Ambassador to the OSCE 
Minikes, accompanied by Ambassador Ordway, met separately 
with Deputy Speaker of the Mazhilis (lower house of 
Parliament) Dyachenko, Chairman of the Central Elections 
Commission Zhumabekov, and Minister of Justice Baliyeva. 
Ambassador Minikes underscored U.S. interest in a 
successful Kazakhstani candidacy for OSCE Chairman-in- 
Office in 2009.  He cautioned, however, that a successful 
CiO bidder must embrace OSCE principles and be prepared to 
shoulder substantial operational duties.  Astana officials 
unanimously acknowledged the responsibilities of taking the 
CiO position but argued in varying degrees that local 
political reforms would be tempered by Kazakhstan's 
security needs and traditions.  End Summary. 
 
Assessing Kazakhstan's OSCE CiO Candidacy 
----------------------------------------- 
 
2. (SBU) During his April 26 meetings with Astana 
officials, Ambassador Minikes explored themes associated 
with Kazakhstan's candidacy for the OSCE CiO in 2009.  He 
noted that the United States had made no final decision on 
support for the 2009 Chairmanship.  Leadership of the OSCE, 
he said, was open to countries that embrace the 
organization's principles.  The CiO is not a reward for 
showing promise, or for doing relatively better than 
another country.  He cautioned that with the OSCE's 
structure that vested day-to-day political and even 
managerial leadership in the Chair, rather than in a strong 
Secretary General, the CiO had to be ready to bear 
 
SIPDIS 
substantial operational responsibilities for the 
organization. 
 
3. (SBU) The United States, Ambassador Minikes continued, 
is working hard to see that Kazakhstan's candidacy is 
welcomed rather than reluctantly received, or not received 
at all.  Describing the possibility of Helsinki Commission 
hearings, he emphasized that a decision on Kazakhstan's bid 
is not in 2009 but now.  Since the CiO position for 2009 
will be decided in December 2006, OSCE members must review 
Kazakhstan's candidacy in the coming months since time 
would be needed to find an alternative if Astana is not 
ready.  An early assessment would also help avoid any last 
minute embarrassments in the selection process. 
 
4. (SBU) Ambassador Minikes expressed concern over signs 
that Kazakhstan's commitment to democracy was weakening, 
particularly recent legislation that restricted the freedom 
of assembly, the law on extremism, and the harassment of 
NGOs.  Kazakhstan's implementation of OSCE principles, he 
said, was below the median although better than in some 
other places.  The United States wants Kazakhstan to 
succeed, he said, but Astana must work hard.  Kazakhstan 
must provide leadership rather than being simply a 
follower.  Winning the Chairmanship is not a fait accompli. 
 
Reaction in Parliament 
---------------------- 
 
5. (SBU) Deputy Speaker Dyachenko, accompanied by MPs 
Doskalov, Sagadiyev, and Zholshybekov, described the OSCE 
CiO position as an honor and a responsibility.  Dyachenko 
maintained that reforms are underway but acknowledged 
problems remain.  The Deputy Speaker said that Kazakhstan 
would undertake steady progress on democracy that does not 
outpace addressing transnational threats such as terrorism 
and narcotics trafficking.  Zholshybekov attributed 
Kazakhstan's candidacy to the country's desire to play a 
greater role in the world community.  Doskalov highlighted 
Kazakhstan's interest in OSCE recommendations for judicial 
reform but said that the high priority placed on security 
must also be taken into account. 
 
CEC -- Committed to Free and Fair Elections 
------------------------------------------- 
 
6. (SBU) CEC Chairman Zhumabekov offered assurances that 
Kazakhstan is committed to the Copenhagen Declaration and 
to holding fair and open elections and permitting peaceful 
rallies.  However, Kazakhstan's partners, he continued, 
must understand that reform is a "step by step" process and 
thought that 2015 was a realistic goal for reaching Western 
standards.  Our leaders are "realists," Zhumabekov 
responded, and no one believes that Kazakhstan is at the 
end of the reform road.  Astana wants to retain the 
country's greatest wealth -- its political stability and 
inter-ethnic tolerance. 
 
7. (SBU) The "loudest" democrats in Kazakhstan are not 
"real" democrats, just disgruntled ex-officials, Zhumabekov 
asserted.  Opposition party Democratic Choice of Kazakhstan 
(DCK) strayed from legality when it declared the central 
government "illegitimate."  Referring to recent events in 
Kyrgyzstan, Zhumabekov warned against giving in to a "mob 
mentality."  Ambassador Minikes stressed the importance of 
the work of the CEC in building support for Kazakhstan's 
candidacy and urged the CEC to work closely with ODIHR. 
Presidential elections, he added, must be judged free and 
fair by the international community.  He noted that the 
OSCE would like to send observers for the election. 
Zhumabekov, without responding to the request, pointed out 
that elections will be held in September 2005 for the 
Senate. 
 
Justice -- Apply OSCE Principles in Local Context 
--------------------------------------------- ---- 
 
8. (SBU) Justice Minister Baliyeva was her usual never-at-a- 
loss-for-words self.  Not knowing what she is talking about 
is no obstacle.  When she does know, she can be even more 
adamant.  She said that the government will balance reform 
against the need for stability.  All residents of 
Kazakhstan must abide by the law and that was the rationale 
behind inspecting NGOs.  Legislation on the financing of 
NGOs is in draft and is an extremely sensitive subject. 
Why should NGOs receive foreign funding when internal 
funding sources are, today, quite adequate.  The law, she 
noted, bars groups from "pressuring" the work of the CEC. 
Baliyeva insisted that if the OSCE looked at the totality 
of developments in Kazakhstan, it could not fail to find 
progress.  She criticized the OSCE "political prisoner" 
paper on DCK leader Zhakiyanov.  A review of the scope of 
the case, she insisted, would reveal that his prosecution 
was entirely on criminal grounds. 
 
9. (SBU) Each OSCE member, Baliyeva continued, is free to 
take OSCE recommendations into account as it sees fit since 
the recommendations are not mandatory.  No country, she 
said, can claim 100% compliance.  She maintained, however, 
that Kazakhstan would abide by the Copenhagen Declaration. 
Ambassador Minikes responded that human rights are not just 
an issue to be discussed in the context of sovereignty but 
a very proper matter for the international community, 
especially under Helsinki Final Act principles.  By joining 
the OSCE, a country accepts that proposition.  He asked how 
Kazakhstan would lead the OSCE if members could opt out of 
basic principles.  Baliyeva maintained that OSCE principles 
would be used to "resolve" issues but that the purpose of 
the OSCE was not to establish democracy in "one day." 
 
10. (SBU) Baliyeva argued for reviewing each country's 
history and using that to tailor the OSCE's approach on the 
question of respect for human rights.  She decried examples 
of OSCE double standards in terms of pronouncements on 
elections in Ukraine (allowing absentee ballots) and 
Afghanistan.  Ambassador Minikes pointed out that 
Afghanistan is not an OSCE member but a cooperative 
partner.  He denied that any double standard existed.  The 
problem, he concluded, was often the double application of 
a single standard. 
 
11. (SBU) Comment:  While Kazakhstani officials across the 
board acknowledged the responsibilities of taking on the 
OSCE Chairmanship, Astana also seems determined to make the 
case for democracy -- Kazakhstani style.  Senate elections 
in September 2005 may offer a near-term albeit limited 
opportunity to assess Kazakhstan's commitment to minimal 
OSCE standards for democratic political process.  End 
comment. 
 
12. (U) This cable was cleared by Ambassador Minikes. 
 
ORDWAY 
 
 
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