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DE RUEHTA #0308/01 0510929
ZNR UUUUU ZZH
O 200929Z FEB 09
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4680
INFO RUCNCIS/CIS COLLECTIVE 1228
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 0611
RUEHKO/AMEMBASSY TOKYO 1317
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEAIIA/CIA WASHDC
RHEFAAA/DIA WASHDC
RHEHNSC/NSC WASHDC 0790
RUEKJCS/SECDEF WASHDC 0706
RUEKJCS/JOINT STAFF WASHDC
RHMFIUU/CDR USCENTCOM MACDILL AFB FL

UNCLAS SECTION 01 OF 02 ASTANA 000308 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/CEN, INL, DRL, G/TIP 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM SOCI KCRM KDEM KZ
SUBJECT:  KAZAKHSTAN:  JUSTICE MINISTER BALIYEVA EXPRESSES 
APPRECIATION FOR U.S. ASSISTANCE 
 
¶1. (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2. (SBU) SUMMARY:  During a February 19 meeting with the Ambassador, 
Minister of Justice Zagipa Baliyeva expressed appreciation for U.S. 
government assistance to her ministry and asked for further support. 
 She noted in considerable detail Kazakhstan's progress in 
countering trafficking-in-persons (TIP), and said the government is 
committed to opening up government-funded TIP shelters.  She 
explained that Kazakhstan has taken steps, including legislative 
changes, to better protect intellectual property rights (IPR) and is 
willing to do more.  Baliyeva thanked the Ambassador for U.S. 
assistance to the Ministry's Forensics Center.  She asked for 
support in legislative drafting and on penal reform.  The Ambassador 
told Baliyeva that we consider the Madrid commitments legislation to 
be a step forward on democratization, and want to help Kazakhstan 
take further steps -- which could include decriminalizing libel and 
creating independent electoral commissions with representatives of 
all political parties plus NGOs.  Baliyeva maintained that all 
parties already have the right to participate in electoral 
commissions, but some had previously disrupted their work by failing 
to show up at their meetings.  She described the political 
opposition as "opponents" of the government, but not its "enemies." 
END SUMMARY. 
 
PROGRESS ON TIP 
 
¶3. (SBU) During a February 19 introductory meeting with the 
Ambassador, Minister of Justice Zagipa Baliyeva expressed 
appreciation for U.S. government assistance to her ministry and 
asked for further support.  The Ambassador noted that we had 
recently sent Baliyeva Secretary Clinton's response to Baliyeva's 
congratulatory letter.  (NOTE: Baliyeva explained that she had been 
introduced to the Secretary by President Nazarbayev's wife, Sara 
Nazarbayeva, when the Secretary was First Lady.  END NOTE.) 
Baliyeva asked the Ambassador to convey her best wishes to Attorney 
General Holder.  The Ambassador said that we would welcome the 
opportunity to arrange a trip to Washington for Baliyeva to meet 
with her U.S. counterparts. 
 
¶4. (SBU) Baliyeva ran point-by-point through our bilateral 
cooperation on trafficking-in-persons (TIP), intellectual property 
rights (IPR), and forensics.   Noting that she heads the 
government's inter-agency anti-TIP commission, Baliyeva stressed 
that Kazakhstan takes into account recommendations from 
international organizations and other governments, including the 
United States, in its anti-TIP efforts.  The government also 
cooperates closely with international and local NGOs on the issue. 
She described the U.S. government's decision to raise Kazakhstan's 
ranking to "Tier 2" in our latest TIP report as an "incentive" for 
Kazakhstan to do even more.  She expressed appreciation for the 
recent MOU signed by INL, her ministry, and the Ministry of Internal 
Affairs for $350,000 for TIP programs, and explained that some of 
the money is being used for study tours to learn the experiences of 
other countries.  Baliyeva said that the government is fully on 
board in opening up government-funded shelters for trafficking 
victims.  She noted that INL is assisting in setting up a video 
teleconference for the Kazakhstanis to discuss with their Georgian 
counterparts Georgia's experience with such shelters. 
 
¶5. (SBU) Baliyeva explained that the government is providing 
assistance to NGOs for educational campaigns about the risks of 
trafficking.  She handed the Ambassador a booklet on trafficking, 
prepared with government funding by the NGO "Patriot," which is 
distributed to departing travelers at Kazakhstan's airports.  (NOTE: 
 The booklet explains how to avoid becoming a trafficking victim and 
provides contact information for Kazakhstani diplomatic missions 
abroad.  At the end of the meeting, the Baliyeva gave the Ambassador 
a tour of the Ministry's impressive high-tech call center, which 
handles inquiries from the public 24 hours a day, including on TIP 
issues.  END NOTE.) 
 
DOING MORE ON IPR 
 
¶6. (SBU) Baliyeva explained to the Ambassador that Kazakhstan has 
 
ASTANA 00000308  002 OF 002 
 
 
been taking steps to better protect intellectual property rights 
(IPR) in close cooperation with its international partners, 
including the United States.  This includes recent legislative 
improvements.  She said that if any of Kazakhstan's partners have 
specific issues regarding Kazakhstan's IPR protection efforts, her 
ministry would be happy to try to address them.  The Ambassador said 
he had recently discussed accelerating bilateral negotiations on 
Kazakhstan's WTO accession with Prime Minister Masimov and Vice 
Minister of Trade and Industry Zhannar Aitzhanova (who is 
Kazakhstan's lead WTO negotiator).  WTO accession requires meeting 
standards on IPR protection.  The United States might be able to 
provide additional technical assistance to Kazakhstan on IPR, he 
suggested. 
 
FORENSICS CENTER:  ASSISTANCE APPRECIATED 
 
¶7. (SBU) Baliyeva also expressed appreciation for equipment we have 
provided to the Ministry's Forensic Center.  She explained that the 
Center is working on improving its capabilities, and noted that its 
director is currently in Colorado at an international forensics 
conference. 
 
REQUEST FOR HELP IN LEGISLATIVE DRAFTING, PENAL REFORM 
 
¶8. (SBU) Baliyeva requested assistance in two new areas -- in 
legislative drafting and on penal reform.   She explained that 
Kazakhstan had improved prison conditions, decriminalized a number 
of offenses, and reduced its prison population significantly, with 
Kazakhstan's per capita incarceration rate falling from third place 
to twenty-fifth in comparison with other countries.  Kazakhstan 
still has much to learn on penal issues from other countries, 
including the United States, she stressed.  The Ambassador said that 
we would see how we could assist in these areas.  He asked Baliyeva 
whether Kazakhstan used European or Russian models in developing its 
legislation.  She explained that Kazakhstan studies all 
international practice and then uses whatever model or models work 
best in a given case, taking into account Kazakhstan's own customs 
and traditions. 
 
OPPOSITION ARE "OPPONENTS," NOT ENEMIES 
 
¶9. (SBU) The Ambassador noted that President Nazarbayev recently 
signed into law the Madrid commitments legislation (i.e., amendments 
to Kazakhstan's election, political party, and media laws.)  He told 
Baliyeva that we consider this a step forward on democratization, 
and are ready to work with Kazakhstan on further steps.  Two of 
these steps could include legislative changes to decriminalize libel 
and create independent electoral commissions with participation from 
all political parties as well as from NGOs.  Baliyeva reminded the 
Ambassador that she had headed the Central Election Commission for 
nine years (1996-2005), and thus had a lot of experience in election 
issues.  She offered to have a separate conversation with the 
Ambassador to express in more detail her views and experiences.  She 
contended that existing law does, in fact, give all parties the 
right to participate in electoral commissions, but they do not want 
to take advantage of this opportunity.  Baliyeva complained that in 
prior elections, representatives of some parties tried to disrupt 
the work of electoral commissions by not showing up for their 
meetings.  That all said, she stressed that she views the opposition 
as "opponents" not "enemies," "and is it necessary to have opponents 
so that the government is forced to come up with good policies." 
 
¶10. (SBU) COMMENT:  Minister Baliyeva, whose hobbies include 
parachute jumping, is impressive.  Both business-like and cordial, 
she was extremely well briefed.  Having now officially met the 
Ambassador, she told him she would feel free to "bug" him at any 
time.  He encouraged her to do so as we work to achieve our mutual 
interests.  END COMMENT. 
 
HOAGLAND