Voice of Democracy
Published by Kazakhstan 21st Century Foundation · Washington, D.C. ·March. 11, 2004

Kazakhstan Flunks Again, Says 2003 State Dept. Rights Study

Kazakhstan once again received a failing grade in the U.S. State Department Report on Human Rights Practices for 2003. It found corruption, human rights abuses, violations of basic freedoms guaranteed by the Constitution and misuse of power permeate the system, starting at the very highest levels of government. Kazakhstan continues to be an anti-democratic country as a result of excessive power being concentrated in a president who lacks accountability and whose election in 1999 to his latest seven-year term "fell far short of international standards," thanks to fraud, abuse and rules that disadvantaged opposition candidates.

The national Constitution promulgated by the dictator, Nursultan Nazarbayev "concentrates power in the presidency" and gives him power "to control the legislature and judiciary, as well as regional and local governments; changes or amendments to the Constitution require the President's consent," the report states. Even after the president leaves office he retains power though "certain policy prerogatives" and gets a seat on the security council.

Among the other findings of the influential and highly respected annual report are:

"The Government's human rights record remained poor, and it continued to commit numerous abuses."

"Members of the security forces committed human rights abuses….Members of the security forces, including police, tortured, beat, and otherwise mistreated detainees on some occasions."

"The Government severely limited citizens' right to change their government and democratic institutions remained weak."

"The Government continued to use arbitrary arrest and detention and selectively prosecute political opponents, and prolonged detention was a problem. "

"Amendments to several laws governing the authority of prosecutors further eroded judicial independence."

"The Government infringed on citizens' privacy rights, and new legislation grants prosecutors broad authority to monitor individuals. "

"The Government continued to restrict freedom of the press. There were instances when the Government harassed independent media, including the convictions of two prominent independent journalists; as a consequence, some media outlets remained closed and many journalists practiced self-censorship."

"The Government restricted freedom of assembly and association and limited democratic expression by imposing restrictions on the registration of political parties. Freedom of religion improved during the year. "

"Some human rights observers reported that the Government monitored their activities."

"Violence against women, including domestic violence, was a serious problem. Discrimination against women, persons with disabilities, and ethnic minorities remained problems."

"The Government discriminated in favor of ethnic Kazakhs."

"Child labor persisted in agricultural areas."

"Trafficking in persons, primarily teenage girls, was a problem, which the Government took steps to address…. The country was a source, transit, and destination country for victims of trafficking. Internal trafficking was also a problem."

"The court system's independence was compromised by legislative, administrative, and constitutional arrangements that in practice subjugate the judiciary to the executive branch of government. In 2002, new legislation covering the authority of prosecutors went into effect, further undermining the independence of the judiciary."

"Corruption was evident at every stage and level of the judicial process. Lawyers and human rights monitors alleged that judges, prosecutors, and other officials solicited bribes in exchange for favorable rulings in nearly all criminal cases."

"The Constitution and the Media Law provide for freedom of speech and of the press; however, observers reported that after the Government eliminated most media outlets willing to directly criticize the President in 2002 through a variety of means, including criminal and administrative charges, physical attacks, and vandalism, these events continued to have a chilling effect on journalists, most of whom practiced self censorship. Judicial actions against journalists and media outlets continued during the year, including civil suits filed by government officials, and contributed to journalistic caution."

"The Government controlled nearly all broadcast transmission facilities."

"The Media Law reaffirms the constitutional provision for free speech and prohibits censorship; however, the law enabled the Government to restrict media content."

"The Government did not permit individuals to criticize the country's leadership, and regional leaders increasingly sought ways to limit local media outlets' criticism of them. The Constitution provides for the protection of the dignity of the President, and the law prohibits insulting the President and other senior officials. "

"In 2002, almost all media outlets willing to criticize the President directly were either closed, intimidated, or the subjects of law enforcement actions and/or civil suits…. Those outlets critical of the President that remained during the year continued to be the subjects of harassment and judicial actions. "

"The Law on National Security defines as a threat to national security unsanctioned gatherings, public meetings, marches, demonstrations, illegal picketing, and strikes that upset social and political stability."

"The Constitution provides for freedom of association; however, the Government and the law imposed significant restrictions on this right."

"Numerous violations and serious irregularities marred the December 2002 Parliamentary by-elections…Violations of the electoral law included registration of candidates, composition of election commissions, intimidation of election monitors, relocation of polling stations with little or no notice to voters, and manipulation of voter lists."

To read the full report, go to: http://www.state.gov/g/drl/rls/hrrpt/2003/27845pf.htm

For the full stories, see the web citations above or contact us at News@Kazakhstan21.org or see VOD Archives [http://iicas.org/english/enlibrary/libr_16_03_01kp.htm]. The Kazakhstan 21st Century Foundation promotes democracy and human rights in Kazakhstan through public affairs and educational programs in the United States and Europe. This material is distributed by Kazakhstan 21st Century Foundation.

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