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United States Mission to the OSCE.
Statement on Proposed Legislative Changes in Kazakhstan
As prepared for delivery to the Permanent Council
by Ambassador Stephan M. Minikes
Vienna
May 19, 2005
Thank you, Mr. Chairman.
The United States is once again taking the floor to raise its concerns about legislative
changes under consideration in Kazakhstan.
We are troubled by draft legislation on non-governmental and non-commercial organizations
that was recently introduced to Parliament and a package of national security amendments
approved by the Mazhilis on May 12.
The draft legislation on NGOs, which includes a draft law and package of related
amendments, would stifle the development of civil society in Kazakhstan. The efforts of
local organizations working to promote Kazakhstan's political, economic, and social
development with foreign assistance would be particularly constrained.
This legislative package would impose sweeping notification requirements; introduce more
stringent registration requirements; give local authorities broad and ill-defined latitude
to deny registration; and require the permission of local authorities for domestic NGOs to
receive funding.
In addition, international NGOs would be required to re-register, and non-Kazakhstanis
would be forbidden from heading branch or representative offices of international NGOs.
These provisions appear to run counter to President Nazarbayev's February address to the
nation, which emphasizes the importance of continuing democratic reforms.
We feel strongly that if adopted, this legislative package would have an extremely
negative impact on the development of civil society in Kazakhstan and create a climate of
distrust in the relationship between authorities and civil society. We therefore urge the
government of Kazakhstan not to support this legislation.
We are also concerned about a separate set of national security amendments approved on May
12 in the lower house of Parliament that are now under consideration in the Senate. The
draft amendments still contain numerous worrisome provisions.
Of particular concern is the broad latitude granted to deny registration of religious
groups and political parties and to dissolve or suspend mass media enterprises. These new
restrictions appear to run counter to civil liberty guarantees in Kazakhstan's own
constitution.
Mr. Chairman, I am sorry to say that the restrictive nature of the proposed amendments
follows the negative trend of the recent law on extremism and the amendments to the
elections law. Our concerns about these laws have been raised in this council.
The United States is concerned not only about the substance of these changes but also by
Kazakhstan's unresponsiveness to legal advice from a variety of international experts,
including ODIHR.
We strongly urge authorities in Kazakhstan to carefully review the proposed legislative
amendments, ensure that changes conform to the Constitution and to Kazakhstan's OSCE
commitments, and to reject those amendments which do not.
Thank you, Mr. Chairman.
Vienna, May 19, 2005
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