US embassy cable - 05ALMATY2386

UNCLAS ALMATY 002386 
 
SIPDIS 
 
 
SENSITIVE 
 
STATE FOR EUR/CACEN (J. MUDGE) AND DRL/PHD (C. KUCHTA- 
HELBLING) 
 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, KDEM, PINR, KZ, POLITICAL 
SUBJECT: NGO LAW PASSED BY MAZHILIS STILL PROBLEMATIC; ASAR 
LEADER AND FOREIGN MINISTER SPEAK OUT AGAINST IT 
 
SENSITIVE BUT UNCLASSIFIED 
 
 
REF: A) ALMATY 1838      B) ALMATY 1854 
 
1.   (SBU) Summary: Informal OSCE analysis of draft NGO 
legislation adopted by the Mazhilis (lower house of 
Parliament) on June 10 provides clarification on changes 
made during the parliamentary review process.  Contrary to 
previous media reports that certain restrictive parts of the 
legislation would be dropped, the revised version of the 
draft laws on NGOs appears to preserve earlier drafts' 
provisions for tightened control by local authorities over 
NGO activities and financing.  Commentary and criticism 
continue from politicians and stakeholders.  Criticism by 
First Daughter and Asar leader, Dariga Nazarbayeva, and 
Foreign Minister Tokayev, suggests that senior leaders in 
Astana could be setting the stage for the President to 
withdraw or veto the legislation.  End summary. 
 
BACKGROUND ON NGO LAW PACKAGE 
----------------------------- 
 
2.   (U) As reported in reftels, the draft NGO legislation 
consists of a new NGO law, "On the Activities of Branches 
and Representative Offices of International or Foreign Non- 
Commercial Organizations in the Republic of Kazakhstan," 
("NGO Law"), and a separate package of NGO amendments to 
existing laws (collectively "NGO legislation"). After giving 
some consideration to constitutional issues, the Mazhilis 
passed the NGO legislation on June 15 and forwarded it to 
the Senate for action.  The date of the first Senate reading 
has not yet been set, but consideration must take place 
soon, since Parliament is scheduled to end its current 
session on June 30. 
 
THE NGO LEGISLATION AS IT STANDS 
-------------------------------- 
 
3.   (SBU) According to the OSCE Center's informal analysis, 
the scope of the NGO legislation has been expanded to cover 
not only branches and representative offices of foreign NGOs 
in Kazakhstan, but also local Kazakhstani NGOs which may 
have branch offices outside the country.  The ban on a 
foreigner heading a local branch of an NGO based in 
Kazakhstan was not dropped.  In addition, Kazakhstani NGOs 
are not allowed to have foreign citizens sit as board 
members, even if those NGOs have branches in other 
countries, or have "foreign participation." 
 
4. (SBU) In response to criticism about insufficient 
definition of "accreditation" requirements in earlier 
drafts, the Mazhilis added language that gives the Ministry 
of Justice a role in approving the substance of each NGO's 
mission scope and programs.  This procedure would be a 
prerequisite for registration, an administrative process 
that the MOJ is already performing under existing law.  As 
in previous drafts, an NGO failing to be accredited by the 
MOJ would have its operations automatically terminated.  In 
addition, local NGOs must reveal sources of grants, 
donations, and any other financing received from foreign 
entities.  Anonymous donations remain prohibited. 
 
5. (SBU)  Another addition by the Mazhilis to the 
legislation is the inclusion of a requirement for all NGOs 
to use only bank accounts held in Kazakhstani banks.  The 
OSCE Center noted that such a restriction, although having 
some legitimate aims in terms of increasing transparency, 
will be highly vulnerable to abuse given the likelihood that 
domestic banks could be unable or unwilling to maintain 
sufficient standards of confidentiality.  Furthermore, as 
had been stipulated in the original draft, the version 
passed by the Mazhilis still would require all grants to 
local NGOs from international organizations to be approved 
by executive officials at the oblast level before allowing 
the transfer of funds through the banks.  (COMMENT: The NGO 
legislation would put restrictions on international NGOs 
similar to those adopted in Uzbekistan in 2003 that created 
significant difficulties for local NGOs who received USG 
assistance.  END COMMENT) 
 
WHO'S WEIGHING IN 
----------------- 
 
6.   (SBU) Criticism by local and international NGO groups 
continues.  On June 10, leaders of some local NGOs appealed 
 
to the OSCE's chair-in-office, Slovenian Foreign Minister 
Dimitrij Rupel, as well as to Christian Strohal, Director of 
the OSCE Office for Democratic Institutions and Human Rights 
(ODIHR) for assistance in turning back the NGO legislation. 
Other domestic NGOs, however, including former recipients of 
grants from international and foreign organizations, have 
kept a low profile on this issue.  One Post contact noted 
that her fellow NGO leaders did not want to jeopardize their 
chances to get future GOK funding for their projects. 
 
7.   (SBU) Although all Parliamentary debate takes place 
behind closed doors, government leaders and parliamentarians 
alike have commented publicly on the NGO legislation. 
Comments by the MP drafters and Otan Party leadership have 
been in favor of the NGO Law and NGO amendments, citing the 
"destabilizing" effects of foreign involvement in civil 
society.  On the other side, the opposition has been equally 
vocal in its criticism of the NGO legislation.  Senator 
Zauresh Battalova, elected as a member of the now-de- 
registered party Democratic Choice of Kazakhstan (DCK), and 
currently the lone opposition figure in Parliament, has 
issued statements against the NGO legislation in the media. 
Opposition bloc "For a Just Kazakhstan" recently released a 
statement that criticized the NGO legislation as 
fundamentally restricting constitutional rights. 
 
8.  (SBU) Senior pro-presidential figures, however, have 
also spoken out in recent days against the NGO legislation. 
Dariga Nazarbayeva, daughter of President Nazarbayev and 
leader of Asar Party, called for the complete withdrawal of 
the legislation at a June 17 meeting of the National 
Committee on Democratization and Civil Society (NKVD).  On 
June 20, Foreign Minister Tokayev met behind closed doors 
with members of the Mazhilis Committee of International 
Affairs, Defense and Security.  After the meeting, Tokayev 
released a statement to the media characterizing the NGO 
legislation as running counter to Kazakhstan's international 
commitments.  Tokayev stated that the legislation could 
affect operations of the United Nations, World Health 
Organization, International Organization for Migration, and 
the Organization for Security and Cooperation in Europe. 
Noting that Kazakhstan aspired to the chairmanship of the 
OSCE, Tokayev said that the NGO legislation appeared to be 
inconsistent with this goal. 
 
COMMENT 
------- 
 
9. (SBU) Public criticism of the NGO legislation by 
Nazarbayeva and Tokayev may be a signal that the stage is 
being set for the President to withsdraw or veto the draft 
NGO legislation.  Like a previous draft NGO law in 2003 and 
the draft Media law in 2004, the current draft NGO Law and 
amendments have been heavily debated and criticized in 
public forums.  President Nazarbayev withdrew the previous 
draft NGO law in October 2003.  He then vetoed, to great 
applause, the draft media law as unconstitutional in April 
2004, while at the same time approving an elections law that 
had been criticized as not meeting international standards. 
The veto of the media law, in particular, overshadowed the 
criticism of the elections law.  Astana may be calculating 
that it can relieve some international pressure by pursuing 
a "split the difference" strategy-- killing the NGO 
legislation but signing the equally troubling National 
Security Amendments into law. 
 
10. (U)  Dushanbe minimize considered. 
 
ORDWAY 
 
 
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