US embassy cable - 05ALMATY2058

UNCLAS  ALMATY 002058 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/CACEN (JMUDGE), DRL/PHD (CKUCHTA- 
HELBLING); DRL/IRF (NHEWETT) 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, EAID, KZ, POLITICAL 
SUBJECT: KAZAKHSTAN: WORRISOME NATIONAL SECURITY, NGO 
LEGISLATION MOVING FORWARD 
 
REF: A) Almaty 1854, B) Almaty 1838, C) State 92206 
 
1. (U) This cable contains an action request; see para. 7. 
 
2. (SBU) Summary:  Troubling legislation is progressing 
rapidly through Kazahkhkstan's Parliament.  If adopted in 
its current form, the legislation would stifle civil society 
here, and roll back several fundamental freedoms.  Although 
NGOs and political parties (including some that support the 
GOK) have roundly criticized the entire legislative package, 
Kazakhstani authorities do not appear to be heeding the 
warnings.  On May 17, Ambassador Ordway also sent the 
Presidential Administration a letter that included our 
detailed critique of the legislation.  Post requests that 
the Department raise these issues at the highest appropriate 
level with the Kazakhstani ambassador.  End summary. 
 
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National Security Amendments to Face Senate Vote 
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3. (SBU) National security amendments approved by the 
Mazhilis (lower house of parliament) in early May (ref A) 
are reportedly scheduled for their first reading in the 
Senate on June 9.  The second reading is expected to be June 
16.  Unless the Mazhilis objects to any changes made by the 
Senate, the draft law would be considered adopted by the 
Parliament after the second reading and would go to the 
President for signature. 
 
4. (SBU) Although some troubling provisions were dropped, 
namely the proposed extension of broad rights for 
procurators to shut down organizations and institutions, the 
draft amendments still contain restrictions on human rights 
that appear to contradict not only Kazakhstan's 
international commitments but also its own constitution. 
These include new registration requirements for religious 
groups, increased state control of religious education, 
broad leeway to deny registration of political parties, low 
thresholds for intercepting communications, unclear 
definition of prohibition of "propaganda activity," and 
broad financial disclosure requirements for NGOs and other 
non-commercial organizations. 
 
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NGO Legislation on Track for June 8 Vote in Mazhilis 
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4. (SBU) A Mazhilis working group held meetings in Astana 
the week of May 23 to discuss two draft pieces of 
legislation related to NGOs and other non-commercial 
organizations (ref B).  Many NGO representatives, including 
some U.S. assistance partners such as the Kazakhstan 
International Bureau for Human Rights, took part in the 
discussions and expressed alarm over the disastrous impact 
the legislation would have on civil society in Kazakhstan. 
Sergey Kiseliov of the pro-government Asar party chaired the 
working group and conveyed its findings to the Mazhilis 
Committee for Legislation and Judicial Reform on May 30. 
NGO contacts report that Kiseliov strove to give the 
appearance of inclusiveness in the working group meetings, 
but attempted to negate concerns raised by the NGOs.  The 
Committee rejected all the working group's recommendations 
for redrafting the repressive provisions, as conveyed by 
Kiseliov, instead scheduling the legislation for a first 
reading on June 8. 
 
5. (SBU) The National Commission on Democratization and 
Civil Society, which goes by the unfortunate Russian acronym 
NKVD, discussed the draft NGO legislation at its May 26 
session.  First Daughter and Asar leader Dariga Nazarbayeva 
called for the withdrawal of the legislation, arguing that 
it runs counter to administrative reforms aimed at reducing 
government control; would increase government pressure on 
NGOs even further; and would promote corruption among 
government bureaucrats.  She argued that it was the job of 
law enforcement, not the Parliament, to ensure that 
international organizations do not interfere in Kazakhstan's 
internal affairs.  NKVD chairman Bulat Utemuratov, also 
chair of the Security Council, declined to approve an NKVD 
statement to this effect. 
 
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Actions to Date 
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6. (SBU) Post has conveyed concern over the national 
security amendments and NGOs meetings in numerous meetings 
with the MFA and Presidential Administration.  The 
Ambassador wrote to Presidential Administration head Adilbek 
Dzhaksybekov on May 17 with detailed commentary on both 
packages of legislation.  Ambassador Minikes delivered a 
statement on the Kazakhstani legislation at the May 19 OSCE 
Permanent Council.  AID has established a working among 
implementing partners to share information and join forces 
in advocating against the laws. 
 
7. (SBU) Action request:  Post requests that the Department, 
at the highest appropriate level, make the following points 
with Ambassador Saudabayev: 
 
-- The U.S. believes that this draft NGO legislation would 
be disastrous for Kazakhstan's political and social 
development, and should be withdrawn. 
-- Legal experts see the legislation as being based on the 
Uzbek model. 
-- The legislation appears to be set to move quickly, with 
the first reading in the Mazhilis scheduled for June 8.  The 
Mazhilis has not taken concerns expressed by civil society 
representatives into account. 
-- National security amendments already under consideration 
in the Senate are likewise extremely disturbing, would limit 
civil liberties, and damage Kazakhstan's international 
reputation as a country of tolerance. 
-- Encourage you to make the inevitable impact of this 
legislation known to the highest levels of the GOK. 
-- This type of repressive legislation could threaten 
stability by limiting peaceful means of expression. 
-- Stability and NGOs building a democratic and prosperous 
Kazakhstan are not incompatible. 
 
8. (U) Dushanbe minimize considered. 
 
ASQUINO 
 
 
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