Italian Senate voices deep concern
over Kazakhstan violations
Received via e-mail, 20 February 2001

Senate of the Republic of Italy

Page: 161; 162; 163
XIII Legislature
1024^th Reunion (PM)
Assembly Attachment B
February 13^th

Motions

Valentino, Servello, Magliocchetti, Pasquali, Basini, Pedrizzi, Caruso Antonio, Bevilacqua, Monteleone, Bonatesta, Maggi, Pellicini, D'Ali, Battaglia, Bucciero, Magnalbo', Specchia, Palombo, Pace, Manfredi, Meduri, Mulas, Castellani Carla, Zambrino, Novi, Pastore, Demasi, Preioni, Martelli, Turini, Cozzolino. - Senate

Considering:

That from 1991, after the collapse of former USSR, Kazakhstan initiated it's move towards political, social, cultural and economic independence; joining among others OSCE (Organization for Security and Cooperation in Europe) in 1992 and signing the obligations and principles based on absolute respect for democracy and human rights;

That long and difficult course taken by Kazakhstan, particularly recently, was impede by currently governing political reality, actions of which almost always assume scary connotations;

That population of Kazakhstan is circa 16 million people, majority of which lives in extreme poverty, in spite of enormous petroleum reserves present in that country;

That Kazakhstan is parliamentary republic with a written Constitution (although adopted only in 1995 after a referendum that was considered irregular and false by International Observers). Nevertheless general direction of politics to be defended by the Constitution excludes the most elementary forms of law and democracy, since deceitful sort of control upon legislative and juridical power is attributed to functions of the President;

That above-mentioned powers are sanctioned by the Constitution which could not be amended without expressed approval of the same President;

That in today Kazakhstan the media is policed in determined manner and any dissonance or deviation from official position of the Government is obstructed decisively in a violent manner;

That meeting activity and freedom of expression for forces and parties of the opposition is impeded;

That numerous observers from well-known international organizations like OSCE, Helsinki Federation for Human Rights, Human Rights Watch, and even Department of State of the United States in their annual Reports many times denounced the absence of fundamental rules of democracy and recurring human rights violations in Kazakhstan;

That presidential elections scheduled for December 2000, in October 1998 were arbitrary anticipated by current President for January 1999, in such a way that opposition candidates had no chance to adequately organize themselves.

That in that same October 1998 the President extended the President term from 5 to 7 years and elevated the pension age to 65 years - which is his age when 7 years expire - thus allowing to presume his intention to be elected for the next term;

That June 22, 2000 Kazakh Parliament approved a law that gives President many privileges and powers during his life;

That last November 1^st US Congress voted, with approval of Senate, the resolution in favor of democratization process in Kazakhstan, and other Central Asian nations, obligating the Government to guarantee the process and activate establishment of the policy based on irreversible and defendable principles of human rights, democracy, and freedom.

Obligate the Government:

To express deep preoccupation for the general tendency of Central Asian States leaders to remain indefinitely in power by suppressing the Constitution, elections and juridical system;

To raise questions to leaders of Central Asian States and in particular Kazakh leader, in terms of enormous violations of human rights, including lack of compliance with OSCE articles concerning democracy and legal state;

To invite Kazakhstan and other Central Asian States to observe assumed duties adhering to OSCE in terms of human rights, democracy and law issues. In particular to run liberal elections which do not exclude any candidate, permitting equal participation of all candidates of independent parties and opposition with their representatives in all election comities, and allow presence of international observers and non government parties.

To invite Kazakh Government to establish favorable conditions for independent and opposition media to function without any limitation or obstruction; also during the election campaigns allow free and equal access to State media to independent candidates and parties and opposition.

To underline that elections could not be considered free and transparent if all the citizens do not take part in political process, without any intimidation or scare of repression and with certainty that their rights and fundamental freedom will be respected;

To raise the possibility to Governments of countries participants of OSCE, of possibility of expulsion of those States who allow violations of duties, assumed by joining the Organization in terms, of human rights, democracy and supremacy of the legal state.

eceived via e-mail, 20 February 2001