US embassy cable - 05ALMATY2833

UNCLAS  ALMATY 002833 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/CACEN (JMUDGE), L/EUR 
USOSCE FOR K. BRUCKER 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, KZ, POLITICAL 
SUBJECT: KAZAKHSTAN: NEW LAW CHANGES STATUS OF INTERNATIONAL 
AGREEMENTS 
 
 
1. (SBU) Summary:  According to local human rights 
activists, Kazakhstan's new law "On the International 
Agreements of the Republic of Kazakhstan," signed by 
President Nazarbayev on May 30, may challenge the principle 
of supremacy of international agreements over domestic 
legislation in Kazakhstani law.  Specifically, Article 20 
subjects international agreements to change when they are 
found to conflict with domestic law.  End Summary. 
 
Supremacy No Longer an Assumption 
--------------------------------- 
 
2. (SBU) Article 4, Section 3 of the Kazakhstan Constitution 
states that "(i)nternational treaties ratified by the 
Republic shall have priority over its laws and be directly 
implemented except in cases when the application of an 
international treaty shall require the promulgation of a 
law," establishing the primacy of international agreements, 
at least where ratification is necessary.  Paragraph 2 of 
Article 20 of the new law, however, states that "(i)n case 
of a conflict of international treaties of the Republic of 
Kazakhstan with the legislation of the Republic of 
Kazakhstan, international treaties of the Republic of 
Kazakhstan are subject to alteration, suspension or 
termination in their operation." 
 
3. (SBU) Articles 27-30 of the new law enumerate procedures 
for changing, terminating, suspending and denouncing 
international agreements to which Kazakhstan is a party. 
Generally, suspension or denunciation of an agreement 
ratified by Parliament must be done with Parliament's 
assent.  In other cases, this is accomplished by the 
Kazakhstani official responsible for the agreement, be it 
the President, Prime Minister or senior official of the 
state body that is a party to the affected agreement.  These 
Articles also contain a commitment to observe "standards of 
international law" in these processes, but this is not 
elaborated. 
 
4. (SBU) The language of the aforementioned Articles is made 
somewhat confusing by the use of a single Russian word 
(dogovor) for all types of international agreements 
throughout the text.  In most places in the text, the law 
distinguishes between agreements ratified by Parliament and 
those entered into on the authority of the President, the 
Prime Minister or a central state body.  However, 
distinctions between treaties and executive agreements under 
this law are only apparent through interpretation.  As a 
result, human rights activists believe that the law's 
references to "standards of international law" are not as 
clear as they might appear at first reading. 
 
Reaction 
-------- 
 
5. (SBU) Several legal analysts, including well-known human 
rights advocate Yevgeniy Zhovtis, have publicly questioned 
the government's motivation for passing the law.  They note 
that the legislation undermines the basis of all legal 
systems - the concept of the hierarchy of authorities. 
Zhovtis publicly questioned why this law was only reported 
in the press -- and very quietly -- after the President 
signed it. 
 
 
To What Result? 
--------------- 
 
6. (SBU) Comment:  There are several theories about the 
GOK's motivation for this legislation -- from undoing 
"friendship" agreements with CIS countries undertaken after 
the fall of the Soviet Union, to renegotiating petrochemical 
agreements.  It may also be a simple effort to fill a gap in 
Kazakhstan's legislative framework.  Regardless of the 
motive, human rights activists believe that the legislation 
may undermine fundamental principles of international law. 
It is also an open question whether a constitutional issue 
will eventually arise if a ratified treaty is alleged to 
conflict with the domestic law of Kazakhstan.  Post 
understands that OSCE may be performing an analysis as well, 
which we would welcome.  Post will continue to seek 
 
 
clarification of the GOK's intentions. 
 
7. (U) Minimize for Dushanbe considered. 
 
Ordway 
 
 
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