This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS ALMATY 001001 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KZ ECONOMIC POLITICAL OSCE
SUBJECT: KAZAKHSTAN: OSCE ROUNDTABLE ON IMPLEMENTING THE ICCPR 
 
REF: 05 ALMATY 3449 
 
¶1. (U) Summary:  On February 13 the local NGO "Charter for Human 
Rights NGO" and the OSCE Center in Almaty hosted a roundtable 
discussion on the implementation of the International Covenant on 
Civil and Political Rights (ICCPR), ratified by Kazakhstan on 
November 28, 2005.  The roundtable included Kazakhstani officials 
as well as international human rights observers, NGOs, and local 
media.  While observers raised several specific areas in which 
Kazakhstani law would have to be reconciled with ICCPR 
provisions, GOK officials did not discuss plans for 
implementation, instead focusing on the symbolic importance of 
ratification.  End summary. 
 
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BACKGROUND 
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¶2. (SBU) Kazakhstan signed the ICCPR on December 2, 2003, though 
it was not ratified by the Parliament until November 2005.  The 
ratification took place without reservations.  This was 
significant, as the Procuracy was pressing for reservations 
regarding the parts of the ICCPR that would restrict its powers, 
most notably warrant powers.  (Comment: The Procuracy is 
notoriously resistant to infringement on its powers and the fact 
that it lost this battle suggests high-level involvement from the 
Presidential Administration in pushing the ICCPR forward.  End 
comment.) 
 
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GOK: ICCPR Ratified, What Next? 
------------------------------- 
 
¶3. (SBU) GOK officIals opened the roundtable with comments 
highlighting ICCPR ratification as a big achievement and the need 
to draft a national action plan for ICCPR implementation. 
Ombudsman Bolat Baykadamov noted that it was not yet decided 
which ministry or agency would take the lead on implementation. 
In response, Berik Imashev, Deputy Head of the Presidential 
Administration and host of the roundtable, suggested that the 
Ministry of Justice would be best suited for drafting an action 
plan, but the Presidential Administration Council on Legal Policy 
would assume a coordinating role.  (Comment: Elvira Azimova, head 
of the MOJ office for drafting national legislation in compliance 
with international conventions, indicated privately months ago 
that she would likely be working on ICCPR implementation.  End 
comment.) 
 
--------------------------------------------- -- 
Reconciling Existing Legislation with the ICCPR 
--------------------------------------------- -- 
 
¶4. (U) Kazakhstan International Bureau of Human Rights (KIBHR) 
chief Yevgeniy Zhovtis raised several legal inconsistencies 
between the ICCPR and current Kazakhstani legislation.  He noted 
there was no mechanism currently in place to implement the 
convention.  Certain rights guaranteed under the ICCPR had been 
violated consistently post-ratification, including the right to 
assemble peacefully during the 2005 presidential campaign. 
Zhovtis recommended that Kazakhstan ratify the two Facultative 
Protocols attached to the International Convention on Civil and 
Political Rights that provide interpretation of the convention 
norms, to prevent deviations from international standards.  He 
also recommended that Kazakhstan adhere to the European 
Convention on Human Rights. 
 
¶5. (U) Irina Nurumova, an OSCE/ODIHR expert, noted that Article 
20 of the Law on International Treaties of Kazakhstan 
contradicted both the Vienna Convention on the Law of Treaties, 
signed by Kazakhstan in 1994, and Article 4 of the Kazakhstani 
constitution, which stipulates that "International treaties 
ratified by Kazakhstan shall have priority over its laws." 
(Note:  The Mazhilis voted on January 25 to approve amendments 
eliminating the discrepancy created by the International Law on 
Treaties.  Contacts in the MOJ told us months ago that they were 
working with Parliament to correct the problem.  The amendments 
currently with the Senate are expected to be passed to Nazarbayev 
for signature within a few weeks. End note.) 
 
ORDWAY