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O 240429Z DEC 09
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7098
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RUEAIIA/CIA WASHDC
RHEFAAA/DIA WASHDC
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UNCLAS SECTION 01 OF 02 ASTANA 002232 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/CEN, S/GWI, DRL 
 
E.O. 12958: N/A 
TAGS: PREL PHUM PGOV SOCI KWMN KZ
SUBJECT:  KAZAKHSTAN:  GENDER RIGHTS ADVANCE WITH PASSAGE OF TWO 
LAWS 
 
REF:  ASTANA 1810 
 
ASTANA 00002232  001.3 OF 002 
 
 
¶1. (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2. (SBU) SUMMARY:  President Nazarbayev signed into law legislation 
on domestic violence and gender equality.  The gender-equality law 
introduces for the first time the legal concept of gender and 
outlaws gender-based discrimination.  The law on domestic violence 
clarifies the roles of the government, law enforcement agencies, and 
NGOs in assisting victims.  It commits government funding for 
NGO-run shelters, and introduces the concept of a restraining order. 
 Civil society activists believe the laws represent a good first 
step in the fight against gender violence and discrimination.  NGOs 
plan to utilize the healthy dialogue between civil society and the 
parliament to fight for further legislative improvements.  END 
SUMMARY. 
 
¶3. (SBU) President Nazarbayev signed laws on domestic violence and 
gender equality on December 5 and 10, respectively.  Both pieces of 
legislation were a high priority for equal-rights groups and NGOs 
working with domestic-violence victims.  Languishing in the 
parliament since 2006, the laws received a new lease on life in 
September when President Nazarbayev, speaking at the first session 
of the Mazhilis (lower house), called on parliamentarians to pass 
them before the end of the year. 
 
GENDER-EQUALITY LAW 
 
¶4.  (SBU) The law on "Government Guarantees for Equal Rights and 
Opportunities for Men and Women" defines for the first time the 
terms "gender," "gender equality," "sexual discrimination," and 
"equal opportunity."  It outlaws discrimination based on gender. 
However, the parliamentarians removed a clause that would have made 
sexual harassment illegal.  Under the new law, men and women must 
have equal access to education, social benefits, and jobs in public 
and private sectors, and employers must consider gender balance when 
downsizing.  The law does not establish quotas on gender 
representation in the government or parliament.  (NOTE:  Currently, 
17 women and 90 men serve in the lower house of the parliament.  END 
NOTE.)  One female parliamentarian told us that opposition to 
quotas, which existed in earlier versions, was one major reason the 
law languished so long in parliament (reftel). 
 
DOMESTIC VIOLENCE LAW 
 
¶5.  (SBU) The law on "Prevention of Domestic Violence" defines the 
terms "domestic violence," "victim," and "prevention of domestic 
violence."  It identifies various types of domestic violence, 
including physical, psychological, sexual, and economic.  It also 
delineates the roles of the national and local government, law 
enforcement agencies, and NGOs in the prevention of and response to 
domestic violence.  Under the new law, NGOs are responsible for the 
protection of and provision of initial physical and psychological 
assistance to victims, while the government commits to support 
shelters with budgetary funds.  The legislation also introduces the 
concept of a restraining order, which the police can issue without a 
court order, for 24 hours to 10 days.  The Procurator General's 
Office can extend the order up to 30 days, and courts can establish 
additional restrictions, including prohibitions on all contact with 
the victim and transport of a weapon. 
 
GOOD FIRST STEP 
 
¶6.  (SBU) In commemoration of the 16-Day Campaign to End Violence 
Against Women, the DCM hosted a round-table on December 10 in Almaty 
to gather NGO views on the new gender-violence law.  According to 
the participants, the law is a "good first step," but needs further 
changes to be truly effective.  Civil society activists told the DCM 
that they actively contributed to working-group discussion of the 
law and proposed numerous concrete provisions, many of which the 
final draft did not incorporate.  The president of the Union of 
Crisis Centers' Zulfiya Baisakova and director of the "Podrugi" 
 
ASTANA 00002232  002.3 OF 002 
 
 
Crisis Center Nadezhda Gladyr pointed out that the victim, and not 
the abuser, must leave the shared household under the new law. 
Other participants noted that the law does not concretely spell out 
the government-funding mechanism for NGO shelters.  All agreed that 
once this method is clarified, the law could have a real impact. 
The NGO representatives called that parliamentarians "responsive" to 
NGO recommendations and several promised to continue to fight for 
amendments. 
 
¶7.  (SBU) In a separate discussion, equal-rights activists 
celebrated the adoption of the gender law as a long-sought victory. 
Although parliamentarians removed several significant provisions, 
most notably quotas and the establishment of a separate government 
agency to oversee gender issues, several activists praised the law 
as a major step forward in addressing gender inequality.  Yuriy 
Zaitsev of the Almaty Feminist League noted that the law defined for 
the first time gender-related legal terms.  Meruert Kazbekova of the 
Union of Women Entrepreneurs underlined that the law signified the 
government's will to guarantee equality for men and women.  Raushan 
Sarsembayeva of Kazakhstan's Business Women's Association was 
optimistic that the legislation will serve as a spring board for 
further legislative reforms. 
 
¶8.  (SBU) COMMENT:  Civil society activists agree that the two new 
laws represent forward movement in the battle against gender 
discrimination and domestic violence.  Although the legislation is 
not perfect, and numerous kinks will have to be worked out in 
implementation, civil society leaders remain optimistic because of 
the healthy dialogue with the parliament on gender issues they 
established.  This connection will play a key role in their push for 
further legislative improvements.  END COMMENT. 
 
HOAGLAND