US embassy cable - 05ALMATY3084

UNCLAS ALMATY 003084 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/CACEN (J.MUDGE), DRL/PHD (C. KUCHTA- 
HELBLING) 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, EAID, KZ, POLITICAL 
SUBJECT: KAZAKHSTAN: NGO LAWS RULED UNCONSTITUTIONAL 
 
REF: A) Almaty 2386, B) Almaty 3047, C) Astana 6 
 
1. (SBU) Summary:  The Constitutional Council has ruled that 
pending NGO legislation which had provoked a storm of 
international criticism is unconstitutional.  President 
Nazarbayev is expected to comply with the ruling and reject 
the legislation.  This is a very positive development, as 
the legislation would have crippled the development of civil 
society in Kazakhstan by limiting foreign assistance and 
imposing onerous re-registration requirements.  End summary. 
 
2. (U) On August 23, the Constitutional Council ruled that 
two laws on NGOs were unconstitutional.  The laws, which 
were adopted by Parliament on June 29 and referred to the 
Constitutional Council by President Nazarbayev for analysis 
on July 4, had provoked an outcry among the NGO community 
and international human rights groups.  Provisions allowing 
international NGOs to work only through local branches, 
requiring the re-registration of all NGOs, forbidding non- 
Kazakhstanis from heading local offices, and mandating local 
government approval of all grants from international 
organizations to local NGOs would have severely hampered the 
development of civil society (Ref A). 
 
3. (U) Despite the ruling, the package of legislation will 
still go to President Nazarbayev for consideration.  Article 
73, point 4 of the Constitution specifies that "The 
President of the Republic may object, as a whole or in part 
to the resolutions of the Constitutional Council.  These 
objections shall be overruled by two-thirds of the votes of 
the total number of the members of the Constitutional 
Council. If the objections of the President are not 
overruled, the resolution of the Constitutional Council 
shall be considered not adopted." 
 
4. (SBU) Local observers do not expect Nazarbayev to contest 
the ruling.  Yevgeniy Zhovtis of the Kazakhstani 
International Bureau of Human Rights termed the laws "dead." 
He believes the drafts were initiated and supported by the 
Presidential Administration; their rejection by the 
Constitutional Council, where Nazarbayev controls five of 
the seven members, is a clear sign that the GOK took the 
political decision to drop the legislation in the face of 
international criticism.  He also pointed out that there 
would not be sufficient time to revise the legislation 
before December 2005 presidential elections (Ref B).  Ninel 
Fokina of the Almaty Helsinki Committee believes that while 
the current legislation will not reappear, after the 
elections the Presidential Administration will try to 
introduce certain elements through amendments to current 
legislation.  She highlighted in particular comments by 
Nazarbayev in August regarding the need for transparency in 
the financing of NGOs and the fact that only Kazakhstanis 
should head NGOs. 
 
5. (SBU) Comment:  This is a very positive development. 
Signature of this legislation would have dealt a severe blow 
to the development of civil society in Kazakhstan, well 
beyond the circle of NGOs that are U.S. assistance partners. 
The legislation would also have significantly constrained 
the ability of international and local NGOs to help parties 
and observers prepare for December 2005 presidential 
elections.  Today's announcement came as a pleasant 
surprise, given that during an August 22 public hearing the 
Constitutional Council appeared to be in no hurry to render 
a final decision.  Given the recent passage of several other 
pieces of troubling legislation, however, most notably the 
national security amendments (Ref C), the outlook for 
political reform and the development of civil society in 
Kazakhstan is still not bright. 
 
6. (U) Dushanbe minimize considered. 
 
ASQUINO 
 
 
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