The report gives an overview of the human rights situation in Kazakhstan, and include chapters detailing the situation with specific human rights, such as the right to life, combating torture, freedom of thought, conscience and religion, freedom of expression and dissemination of information, freedom of peaceful assembly, democratic institutions (political parties), and elections.

In the introduction, written by Evgeniy Zhovtis (below), Director of the Kazakhstan International Bureau for Human Rights and Rule of Law and 2010 Sakharov Freedom Award laureate, he reminds Kazakhstan’s pledges in field of human rights since 2007. He notes that little has changed since then.

Zhovtis reminds Kazakhstan’s pledges
However Zhovtis also observes positive steps and believes that international pressure on authorities may bring change in Kazakhstan.

“We can consider it an optimistic trend that the OSCE Summit in Astana, held in December to mark the completion of Kazakhstan’s Chairmanship, adopted the Astana Declaration which reiterates the fundamental principles and values recognized by all OSCE members, including Kazakhstan.

First of all, it is a principle of exterritorial right, which means that the violation of an individual’s right is not its internal matter and can be a concern of other countries and their citizens, and everyone has the right to criticize the human rights situation not only in his own country but also in other OSCE states, at the national and international levels.

All OSCE countries, including the Republic of Kazakhstan, have confirmed that they are voluntarily obliged to provide for the existence of independent mass media, the conduction of free and fair elections and the development of independent non-governmental organizations. They have recognized that civil society in the OSCE countries are not the objects but subjects of both internal and external policies.

The present evaluation of the human rights situation in Kazakhstan is based on fulfillments of OSCE fundamental principles and values that have been reaffirmed by the organization’s members in the Astana Declaration”, says Zhovtis.

The fact that he remains incarcerated at the time of writing is part of the catalogue of unmet commitments that the report documents.

No change in two years
The new report says straightly that between 2009 and 2010, when Kazakhstan entered the Troika and was a chair nation of the OSCE, Kazakhstan introduced no positive changes to its state system of human rights defense.

Kazakhstan has ratified the majority of international treaties on human rights except of a few conventions. However the national legislation has not been modified to meet the internationally-recognized liabilities.

“Legislation and law enforcement practice don’t apply fundamental principles of international law in the field of human rights and freedoms […]”, reads the report.

According to it, legislation and law enforcement fail to properly provide measures and procedures for effective legal defense. The government and its bodies don’t provide victims of human rights violations access to effective, immediate, thorough and impartial investigation. In the majority of cases, no measures are taken against the suspected violators.

The courts don’t follow standards of international agreements on human rights, ratified by the Republic of Kazakhstan, and other important documents. Law enforcement usually doesn’t rely on Kazakhstan’s international obligations or constitutional or legislative regulations, but rather on subordinate regulatory acts (instruction, rules, decrees and others) that often don’t comply with international standards, the Constitution, and/or current national legislation.

Lack of effective legal defense
“Legislation and law enforcement fail to properly provide measures and procedures for effective legal defense. The government and its bodies don’t provide victims of human rights violations access to effective, immediate, thorough and impartial investigation. In the majority of cases, no measures are taken against the suspected violators.

The country has no anti-discrimination legislation, institutions, procedures and legal practice to consider cases of discrimination based on sex, race, nationality, political and religious affiliation, sexual orientation, age, social status and etc.

When performing their functions, government bodies and institutions responsible for maintaining public order and national security are not controlled by representative regulatory bodies, courts or other authorized independent institutions.

The executive branch of state power prevails in the country. The division of power is nominal. The system of checks and balances is not effective”, states the report.

It also sadly reports that no changes have been introduced to the status and activity of the Commission for Human Rights under the President of Kazakhstan, as well as the country’s Ombudsman.

According to report, the Commission for Human Rights under the President is a consulting body, and the Institution of Ombudsman was created by the President’s Decree and not in accordance with law. The activities of the latter are restricted by a ban on considering complaints about acts and decisions from the President, Parliament and its members, government, Constitutional Council, General prosecutor, Central Election Commission and courts of the Republic of Kazakhstan.

Problem of growing intolerance
The new report also observes that a serious problem in 2009 and 2010 was the open reinforcement of ideological, political and religious intolerance from officials and government bodies and institutions. This negative tendency appeared in public statements and claims, as well as in regulatory legal acts, law enforcement and political practices.

Kazakhstan’s political leaders don’t follow the internationally-recognized principle that the country’s obligation to strengthen national security and protect its citizens from terrorism doesn’t justify restrictions on human rights and freedoms.

To conclude, as a member of the leading Troika and the OSCE chair, the government of Kazakhstan had been openly demonstrating disrespect for its international obligations in the field of human rights and had been strictly criticized by national and international civil society institutions.

The joint report from the “Forum 18 News service,” the Norwegian Helsinki Committee, the Oslo Coalition on Freedom of Religion or Belief, the Oslo Center for Peace and Human Rights, and the Norwegian Mission to the East – published in June of 2010 under the title “Unfulfilled promises: Aspects of freedom of religion or belief in Kazakhstan and Kyrgyzstan” – also provided numerous facts of violations of freedom of conscience and religion in Kazakhstan.

“Transparency International” ranked Kazakhstan 145th among 180 countries researched on the index of perception of corruption.

NHC’s input
Norwegian Helsinki Committee is the author of the final chapter to the report: Kazakhstan OSCE Chairmanship – a Hollow Diplomatic Victory. The chapter looks at Kazakhstan’s OSCE Chairmanship, portraying it as “a hollow diplomatic victory”.

Reports:

Kazakhstan – OSCE 2010: Progress or Regress?

Broken promises: freedom of religion or belief issues in the Republic of Kazakhstan and Kyrgyzstan

Related articles:

Jailed Kazakh human rights defender treated unequally

The Zhovtis case reaches the UN Human Rights Committee

Kazakhstani HR defender receives the 2010 Sakharov Award

Kazakhstan’s OSCE chairmanship: Kazakhstan must implement its Human Rights obligations

OSCE chair Kazakhstan ignores OSCE commitments

Human rights challenges in Kazakhstan

Kazakhstan: referendum rejected, real test for democracy – free and fair elections