VZCZCXRO9860
PP RUEHIK
DE RUEHTA #2159/01 3520519
ZNR UUUUU ZZH
P 180519Z DEC 09
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 7007
INFO RUCNCIS/CIS COLLECTIVE 2255
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 1618
RUEHKO/AMEMBASSY TOKYO 2319
RUEHUL/AMEMBASSY SEOUL 1253
RUCNDT/USMISSION USUN NEW YORK 2626
RUEHNO/USMISSION USNATO 2921
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEAIIA/CIA WASHDC
RHEFAAA/DIA WASHDC
RHEHNSC/NSC WASHDC 1813
RUEKJCS/SECDEF WASHDC 1663
RUEKJCS/JOINT STAFF WASHDC
RHMFIUU/CDR USCENTCOM MACDILL AFB FL

UNCLAS SECTION 01 OF 02 ASTANA 002159 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/CEN, EUR/ACE, F, EUR/RPM, DRL 
STATE PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM EAID SOCI OSCE KZ
SUBJECT:  KAZAHKSTAN:  SCA ASSISTANT SECRETARY BLAKE HEARS REALISTIC 
OPTIMISM FROM CIVIL SOCIETY LEADERS 
 
ASTANA 00002159  001.2 OF 002 
 
 
¶1.  (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2.  (SBU) SUMMARY:  Assistant Secretary for South and Central Asian 
Affairs Robert Blake and the Ambassador found that civil society in 
Kazakhstan is alive and well during a roundtable with democracy and 
human-rights leaders on December 14 in Almaty.  The activists 
stressed that despite real problems in the areas of human rights and 
democracy, the government's willingness to listen to and work with 
civil society, particularly when drafting new legislation, is cause 
for optimism.  They especially praised the MFA's consultative 
council that promotes dialogue between NGOs and the government, 
which emerged in preparation for Kazakhstan's OSCE chairmanship. 
END SUMMARY. 
 
¶3. (SBU) In a December 14 lunch with civil society, SCA A/S Blake 
characterized the relationship between the United States and 
Kazakhstan as multi-faceted.   He reinforced the importance of human 
rights and democracy bilaterally and within the framework of the 
Organization for Security and Cooperation in Europe (OSCE).  He 
stressed the importance of progress in all three OSCE dimensions 
during Kazakhstan's chairmanship, but particularly within the human 
dimension.  Blake expressed concern about recent negative trends, 
citing examples of the Zhovtis trial, criminal libel cases, and the 
recent internet law.  He asked lunch participants to speak frankly 
about these trends and to offer suggestions for potential U.S. 
assistance. 
 
MIXED RECORD 
 
¶4. (SBU) Director of local NGO Shanyrak Asylbek Kozhakhmetov stated 
that Kazakhstan is moving toward democracy on the one hand, but is 
also becoming less democratic.  He cited as a real platform for 
democratic dialogue the government of Kazakhstan's support for local 
public councils, in which political parties, NGO representatives, 
and government officials work together to solve local-level social 
problems.  He suggested that pursuit of a national-level version 
would increase higher-level dialogue and prevent the government from 
acting without the full knowledge of the potential impact and 
reaction of its citizens.  On the other hand, Kozhakhmetov stated, 
the enactment of more restrictive laws signals backward movement. 
He also asserted that he foresees no advancement toward the 
registration of new political parties at this time.  Kozhakhmetov 
urged the Assistant Secretary to help ensure that "this drawback [in 
democracy] does not turn into a complete retreat." 
 
"WALKING THE TALK" ON DEMOCRATIC REFORM 
 
¶5. (SBU) Iva Dobichina, Country Director for Freedom House, stated 
that her organization is using the OSCE chairmanship as an 
opportunity to support the Kazakhstani government's democratic 
reforms.  She highlighted the significant public dialogue about such 
reforms, but that civil society is still waiting to see if the 
Kazakhstani government will "walk the talk."  Dobichina pointed to 
the OSCE Consultative Council at the Kazakhstani Ministry of Foreign 
Affairs as a positive mechanism for this kind of dialogue.  She 
characterized the National Action Plan for Human Rights as a 
progressive document and noted "continuous support for its 
implementation" as a main priority for the coming year. Other 
priorities include encouraging continued support for the Office of 
Democratic Initiatives and Human Rights' (ODIHR) mandate and 
monitoring Kazakhstan's rhetoric on religious pluralism and 
tolerance as it considers a freedom of religion law in 2011. 
Dobichina said a national-level NGO council would be useful if it 
could deliver recommendations on concrete steps the government could 
take to demonstrate goodwill and commitment toward human rights and 
democratic principles.  She asked that the United States continue to 
encourage the Kazakhstani government to work closely with civil 
society. 
 
PROGRESS ON JUDICIAL REFORM 
 
¶6. (SBU) Julia Maliyeva, Chief of Party of USAID's Judicial 
 
ASTANA 00002159  002.2 OF 002 
 
 
Education Project, described the judicial system in Kazakhstan as a 
"huge and hard machine to move," but noted progress within the past 
year.  She cited judicial ethics discussions during the recent 
Congress of Judges in Astana as a positive step for judicial reform. 
 She also mentioned the Supreme Court's request for USAID assistance 
to increase its capacity to adjudicate commercial law cases.  At the 
lower court levels, however, Maliyeva has found it difficult to 
begin reform discussions without the instruction of higher-level 
authorities. 
 
STEPS BACK ON MEDIA FREEDOM 
 
¶7. (SBU) Director of Adil Soz Tamara Kaleyeva described the 
atmosphere of freedom of expression in Kazakhstan as one of 
restrictive legislation, criminal prosecution of journalists, and 
limited independent media outlets.  She highlighted this past year's 
enactment of two new restrictive laws, imprisonment of three 
journalists, and bankruptcy from lawsuits of two independent media 
outlets, with a third also in danger of slipping into bankruptcy. 
She noted that attempts by civil society to influence the drafting 
of media legislation have achieved no results.  (NOTE:  Kaleyeva is 
involved in a new USAID-supported media monitoring of the judiciary 
project.  END NOTE.) 
 
¶8. (SBU) According to Kaleyeva, Kazakhstan's OSCE chairmanship 
provides an opportunity for civil society to push for democratic 
reforms, but if no changes occur in 2010, expect backsliding in 
2011, she warned.  Dobichina noted that reforms have not been as 
great as expected by activists, but she also offered that the 
current economic crisis might explain the government's employment of 
greater control. 
 
SOME OPTIMISM FOR THE FUTURE 
 
¶9. (SBU) All NGO participants agreed that they are able to conduct 
their activities freely and noted that Kazakhstan does not usually 
suppress dialogue with international human rights advocacy groups, 
who are generally more critical of the government.  The civil 
society leaders stressed the benefits of exposing Kazakhstani 
authorities to international experiences in the promotion of 
democratic reform.  As an example, they mentioned the Chairman of 
the Supreme Court's interest in mediation centers and alternative 
dispute resolution after he heard about other countries' 
experiences.  Others cited similar opportunities, particularly 
within the judicial sector.  Kozhakhmetov suggested a foreign 
internship program to expose young Kazakhstani civil servants to 
democratic values and ways to collaborate with civil society. 
 
¶10. (SBU) As participants discussed in conclusion the next "carrot" 
to entice Kazakhstan to pursue additional democratic reforms, A/S 
Blake suggested that appealing to Kazakhstan's vision of itself as 
an international leader might urge it toward reform. 
 
¶11. (SBU) COMMENT:  Kazakhstan's progress on democratic reform in 
advance of its OSCE chairmanship fell short of civil society and 
international expectations.  However, civil society is alive and 
well, and its dialogue with the government is growing.  All 
participants at the round table praised the MFA's consultative 
council that promotes dialogue between NGOs and the government, 
which emerged in preparation for Kazakhstan's OSCE chairmanship. 
According to civil society leaders, the government willingly listens 
to their concerns, even if does not always fully respond.  END 
COMMENT. 
 
¶12. (SBU) A/S Blake has cleared this cable. 
 
HOAGLAND