Memoradum of Justification Under Section 574 (B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Division E of the Consolidated Appropriations Resolution (P.L. 108-7), Regarding Kazakhstan's Improvements in the Protection of Human Rights

Section 574 (b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Division E of the Consolidated Appropriations Resolution (P.L. 108-7) provides:

Funds appropriated by this Act may be made available for assistance for the Government of Kazakhstan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Kazakhstan has made significant improvements in the protection of human rights during the preceding six month period.

Section 574(c) provides:

The Secretary of State may waive the requirements under subsection (b) if he determines and reports to the Committees on Appropriations that such a waiver is in the national security interests of the United States.

Pursuant to this authority, it has been determined that the Government of Kazakhstan has made significant improvements in the protection of human rights in the last six months. This is the first year such a determination has been required.

In 2002 the Government's poor human rights record worsened, and it continued to commit abuses.  There were politically motivated arrests and convictions of two opposition figures and an independent journalist, harassment of the media, a flawed by-election, and the implementation of a political party law that imposed stringent registration requirements on parties.

The Government of Kazakhstan, after intensive engagement, now appears to understand the need to rectify its human rights record. There have been steps to increase political pluralism, including the release of one of two imprisoned politicians, access in prison to the second by an Embassy officer, new anti-trafficking legislation, and reforms in the judicial system. Less progress has been made in other areas, including independence of the judiciary, free and fair elections, and freedom of media and association.

The United States maintains an active dialogue with the Government of Kazakhstan on those issues. We have a high-level commitment from senior officials to improve human rights and democracy performance. U.S. dialogue with senior officials has included the following areas for improvement:

• Passage of legislation on media, NGOs and elections that incorporates key OSCE recommendations;
  
  
• Due process in the appeal process of independent journalist Sergei Duvanov (including thorough consideration of the first trial’s serious due process violations);
  
  
• Registration of public associations such as the Democratic Choice of Kazakhstan, should it resubmit its application; and
  
  
• An end to harassment of independent media (including no further prosecutions under Article 318 which makes it unlawful to "insult the honor and dignity" of President Nazarbayev).

Imprisoned Politicians

• Opposition member Mukhtar Ablyazov, leader of Democratic Choice of Kazakhstan, who was selectively prosecuted and imprisoned, was pardoned by President Nazarbayev and released May 13. Upon his release, Ablyazov announced he will no longer participate in politics.
  
  
• Government officials, human rights advocates, and immediate relatives have been allowed to visit imprisoned opposition politician Galymzhan Zhakiyanov on a regular basis, and in connection with the visits have been able to provide updates on his health and welfare.
  
  
• On July 11, an officer from U.S. Embassy Almaty was allowed to visit Zhakiyanov in prison, a development we had sought for some time.

Elections, Political Parties & Pluralism

• President Nazarbayev's annual address to the nation on April 6 reiterated his strong support for free and fair elections.
  
  
• The Justice Ministry registered seven of the 11 parties that applied for re-registration under the new political parties law, including five pro-government parties, the reformist party Ak Zhol and the Communist opposition party. The four unsuccessful applicants were denied registration because they violated the new law's prohibition on gender- or ethnic-based parties.
  
  
• Deputy Prime Minister Mukhamedzhanov instituted and chairs a monthly forum in which government, pro-government forces, and opposition groups regularly meet to discuss the full range of political issues facing Kazakhstan. Many opposition views voiced in this forum have been reprinted in their entirety in government-run newspapers.

Trafficking in Persons

• The Government of Kazakhstan quickly passed new anti-trafficking legislation. President Nazarbayev signed the legislation on July 10.

Independent Media and Journalists

• Kazakhstan's largest independent television station, seen nationwide, launched the "Personal Viewpoints" talk show. The show is hosted by an opposition member and regularly features opposition figures debating controversial issues of national interest.
  
  
• One opposition and two new reformist newspapers have begun publishing and they carry stories critical of the government.
  
  
• The former news director of opposition Tan TV currently manages the critical editorial staff of Channel 31, the largest independent national TV. Tan itself, previously shut down, is also back in the news business.

Freedom of Religion

• President Nazarbayev hosted a religious diversity summit of Central Asian and Caucasus nations, Turkey, and American Jewish organizations in February 2003.
  
  
• National and oblast officials have stepped up actions to correct the unlawful harassment of religious groups by local authorities. Government officials told us that they will issue administrative instructions for local authorities’ handling of missionaries in the near future, as the rights of missionaries are not established by either law or national policy at the present time.

Judicial Reform

• The Law on the humanization of the justice system entered into force in December 2002 and reclassified punishments for scores of crimes. It also added a strengthened definition of torture, and proscribed the use of torture.
  
  
• Senior government officials, including President Nazarbayev, have publicly supported the promulgation of jury trials.
  
  
• Administration of the courts completed its transfer from the Ministry of Justice to the Supreme Court.

Prison Reform

• A national project on human rights training for prison officials is completing its first phase, and several officials in each oblast have participated.
  
  
• The Prison System now requires that all participating officials complete a gap analysis of practices versus standards in all prisons in their oblasts before phase two of the training begins in the spring.