KAZAKHSTAN

The Constitution of Kazakhstan concentrates power in the presidency. President Nursultan Nazarbayev is the dominant political figure. The Constitution, adopted in 1995 in a referendum marred by irregularities, permits the President to legislate by decree and dominate the legislature and judiciary; it cannot be changed or amended without the President's consent. In January President Nazarbayev was elected to a new 7-year term in an election that fell far short of international standards. Previous presidential elections originally scheduled for 1996 did not take place, as President Nazarbayev's term in office was extended in a separate 1995 referendum, also marred by irregularities. Parliamentary elections held in October were an improvement on the presidential election but still fell short of international standards. Under the 1995 Constitution, Parliament's powers are more limited than previously. However, Members of Parliament (M.P.'s) have the right to introduce legislation and some bills introduced by M.P.'s have become laws. The judiciary remained under the control of the President and the executive branch. The lack of an independent judiciary made it difficult to root out corruption, which was pervasive throughout the Government.

The Committee for National Security (the KNB, successor to the KGB) is responsible for national security, law enforcement activities on the national level, and counterintelligence. It also oversees the external intelligence service, Barlau. The KNB reports directly to the President. A new organization, the Agency on the Protection of State Secrets was established in May and, while not officially part of the Government, reportedly is directly subordinate to the Prime Minister. The Ministry of Internal Affairs, which is subordinate to the KNB, supervises the criminal police, who are poorly paid and widely believed to be corrupt. Both the KNB and the Interior Ministry Police (MVD) monitored Government opponents, the opposition press, human rights activists, and some nongovernmental organizations (NGO's), who claimed that KNB and MVD officials pressured them to limit activities objectionable to the Government. The KNB continued efforts to improve its public image by focusing on fighting Government corruption, religious extremism, terrorism, and organized crime. Members of the security forces committed human rights abuses.

Kazakhstan is rich in natural resources, chiefly petroleum and minerals. The Government has made significant progress toward a market-based economy since independence. After 2 consecutive years of economic growth (1.1 percent in 1996 and 1.5 percent in 1997) the economy declined by 2.5 percent in 1998. The Government responded to the effects of the Russian financial crisis by floating the tenge in April, effectively devaluing it 60 percent by October. With the fall of the tenge, inflation reached 12.6 percent for the first 8 months of the year, compared with 1.9 percent for the same period in 1998. The average annual wage was approximately $1,000 (down from $1,500 in 1998). The agricultural sector has been slow to privatize. The Government has privatized successfully small- and medium-sized firms and most large-scale industrial complexes. However, living standards for the majority of the population continue to decline. According to several surveys, in 1998 approximately 35 percent of citizens lived below the government-defined poverty line of $35 per month, up from 33 percent the previous year.

The Government's human rights record was poor, and serious problems remain in several areas. The Government severely limited citizens' right to change their government. The Government barred two opposition politicians from competing in the January presidential elections on administrative grounds and harassed opposition candidates in the fall parliamentary elections. Democratic institutions remain weak. The Organization for Security and Cooperation in Europe (OSCE) declined to send observers for the Presidential elections, citing flawed election preparations. The OSCE sent a full observation mission for the parliamentary elections after the Government made some reforms to its electoral law and regulations, but concluded that the elections fell short of the Government's commitments as an OSCE member. In both elections, the Government used an electoral law provision to prohibit some government opponents from running because they previously had been found guilty of political offenses such as publicly insulting the President and participating in unauthorized public meetings and demonstrations. The Government harassed its opponents and appeared complicit in at least four assaults on perceived opponents during the presidential campaign. There were reports of official bias and harassment, but not of violence, during the parliamentary campaign.

The legal structure, including the Constitution adopted in 1995, does not fully safeguard human rights. Members of the security forces committed a number of extrajudicial killings, and tortured, beat, or otherwise abused detainees. Prison conditions remained harsh. The Government used arbitrary arrest and detention, particularly during the period prior to the January presidential election, and prolonged detention is a problem. The judiciary remains under the control of the President and the executive branch, and corruption is deeply rooted. A political prisoner, Labor Movement leader Madel Ismailov, was released in February after serving 1 year in prison for insulting the President. He attempted to run for Parliament in October but under an April 1998 provision of the election law was disqualified because of his conviction. The Government infringed on citizens' privacy rights.

The Government restricted freedom of speech and of the press. A July press law placed media issues under the direct control of the Minister of Information and Social Accord. The Government harassed much of the opposition media, and government efforts to restrain the independent media continued, as some opposition newspapers and other media outlets were ordered to close, forced to sell to progovernment interests, or brought under pressure by regulatory authorities. The Government reportedly pressured media not to cover the opposition during the presidential campaign, and, to a lesser extent, during the parliamentary campaign. Vague new state secret and media laws, as well as a similarly vague 1998 national security law, increased pressure on the media to practice self-censorship. The Government continues to own and control printing and distribution facilities and to subsidize publications. Academic freedom is not respected. The Government imposes significant restrictions on freedom of assembly. Some organizers of unsanctioned demonstrations were arrested and fined or imprisoned. The Government imposes significant restrictions on freedom of association, and complicated and controversial registration requirements hindered organizations and political parties. The Government sometimes harasses those it regards as religious extremists. Domestic violence against women remained a problem. There was discrimination against women, the disabled, and ethnic minorities. The Government discriminated in favor of ethnic Kazakhs. The Government limited worker rights; it tried to limit the influence of independent trade unions, both directly and through its support for state-sponsored unions, and members of independent trade unions were harassed. Workers continued to protest chronic nonpayment of wages. Child labor persists in agricultural areas. There was anecdotal evidence of trafficking in women.

Respect for human rights
Section 1 Respect for the Integrity of the Person, Including Freedom From:

Section 2 Respect for Civil Liberties, Including:

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

Section 6 Worker Rights