| The Open Letter of Akezhan M.
Kazhegeldin
I am writing to you, at this hopeful beginning of the new millennium, with great concern over the continuing deterioration of democracy, human rights and economic stability in my beloved country, Kazakhstan, where I formerly served as Prime Minister. Since the dissolution of the Soviet Union, the international community has placed the promotion of democratization and the rule of law, which are fundamental expressions of human rights, at the forefront of its policy towards the Newly Independent States in general, and Kazakhstan in particular. The new millennium should serve as an opportunity to review the efforts to achieve these goals, in light of the fact that during the last five years, human rights protections in Kazakhstan, particularly in the area of civil and political rights, have drastically deteriorated. Far from making progress since November 1998, when Kazakhstan "reaffirmed their adherence to the principles of a free and democratic society, including rule of law and respect for human rights, freedom of speech and assembly, and media independence," the backward trend in Kazakhstan has only accelerated over the past year. Indeed, since his recent visit to the United States, President Nazarbayev has, with impunity, redoubled his efforts to suppress opposition in Kazakhstan. At the beginning of this new century, the present regime in Kazakhstan is poised to continue its ruthless abrogation of basic human rights. Three private individuals, who formerly served as my security detail while I was in the government, have been falsely charged with illegal possession of firearms and alleged involvement in organized crime. I too have been falsely accused of various financial (tax and property) irregularities. These politically motivated charges are intended to silence my activities in raising concern about conditions in Kazakhstan. In like manner, President Nazarbayev has rejected opposition efforts to engage in a civil National Dialogue with the newly formed Forum of Democratic Forces in Kazakhstan. Even President Lukashenko, in the much-criticized Belorussia, is willing to participate in such an important process. What could President Nazarbayev fear? Outlined below are three of the most intransigent and pressing human rights problems in Kazakhstan, as well as an assessment of the way in which these problems affect economic development of the country. I hope that you and your colleagues in the G-8 countries will raise these concerns with President Nazarbayev and press them to commit to meaningful and lasting reform. Violations of Electoral Rights: Since independence, President Nazarbayev has taken steps to ensure the significant growth of his own presidential power, while repeatedly obstructing citizens' participation in government. Presidential and parliamentary elections in 1999 took place amidst coordinated government efforts to limit freedom of speech, assembly, and association, which prevented citizens from making free and informed decisions on voting day. Would-be candidates in both elections were kept off the ballot. Flagrantly violating election law, local government authorities used all means at their disposal to promote government-favored candidates and to block their opponents from campaigning effectively. Finally, local and international monitors have documented how agents of the executive branch took pains to falsify vote counts in both elections. Having secured another seven-year sin office for the President, and a compliant parliament through these questionable means, the government nonetheless continues to impede the operation of civil and political organizations. Restrictions on Free Expression on the Internet and in the Press: In this new age of technology and the internet, you will no doubt be disturbed to know that Kazakhstan has not only blocked access to the leading opposition site from servers within Kazakhstan, but has also recently taken steps to monitor all electronic communications. A new agency, the BTT (Billing Telecommunication Tariff Center) was just established, ostensibly to compile records of the amount of traffic in order to ensure correct payments. Starting January 1, 2000, the Kazakhstan government will exercise full control over all communications between residents of the republic and the outside world by tracking all Internet traffic, emails, and faxes. All independent internet service providers will be obligated not only to pay large fees in order to support the creation of this agency, but to submit their traffic to its control. Other media are no less subject to harassment. Before, during and after both elections in 1999, the government used legal and extra-legal measures to shut down or temporarily close several independent newspapers. In late November, the remaining independent weekly, XXI Century (?Vek?), ceased publication, since its printing press yielded to government pressure to abrogate its contract, and other printing houses have refused to print the paper. In early January 2000, the editor of XXI Century will go on trial for denying access to police to a meeting of the Republican National Party of Kazakhstan. Television and radio cannot provide alternative viewpoints, because even privately owned stations are subject to capricious state regulations on registration. Journalists at privately owned television and radio stations report continuing pervasive pressure to censor content critical of the government. Denial of Refugee Rights: Despite its own large Uighur minority, Kazakhstan has shown no mercy towards ethnic Uighurs who have fled to the country in order to escape persecution in China, where they are citizens, and where even peaceful proponents of Uighur rights have been arbitrarily arrested, jailed and tortured. In the most recent example, this year Kazakhstan extradited three Uighur activists who had sought political asylum back to China, where they were then executed. In doing so, Kazakhstan violated both the Convention Against Torture, which forbids extradition to countries where prisoners are likely to face torture, and the Convention Relating to the Status of Refugees, which prohibits the refoulement of asylum seekers. Furthermore, recent reports suggest that Kazakhstan is blocking the entry of some refugees from Chechnya, some of whom are seeking refuge in Kazakhstan because members of their families, deported in 1944, remain there. The 1951 Refugee Convention, to which Kazakhstan is a party, obligates states to provide refuge to all those seeking a safe haven from war or persecution. Kazakhstan's Human Rights Record and Economic Development: Kazakhstan's persistent and growing human rights problems certainly compound the misery of its own citizens, caught in an economic transition that has so far only slashed their standard of living. As a force working against that economic transition, human rights problems also touch directly on G-8 interests in the region. The underlying political instability fostered by the exclusion of opposition forces from government makes Kazakhstan a less reliable strategic partner. In addition, the continuing resistance to enforcing the rule of both domestic and international law makes it more difficult for foreign companies doing business in Kazakhstan to enforce their contracts and protect their investments. Since the fall of 1998, when early presidential elections were announced, the international community has consistently criticized Kazakhstan?s failure to live up to its OSCE and other commitments on human rights and democratization. Exhortation alone, however, is clearly not enough to promote real change, especially when criticism is undercut by the extension of significant benefits, whether through aid, investment credits, or support for international lending institutions' activity. Criticism must be supported by concrete steps to show Kazakhstan's government that its record of anti-democratic measures in 1999 does have, and will have negative consequences for its relations with the G-8 countries. Human rights conditionality on assistance, particularly on economic aid in the development of hydrocarbon resources essential to Kazakhstan's economic future, will ultimately promote, not impede the economic transition, by fostering good governance and citizen accountability through the free exchange of information, the independence of the judiciary, and the right to participate in government. Therefore, we would like to urge the enforcement of existing human rights conditions on the provision of any credits through the Export-Import Bank or the Overseas Private Investment Corporation to support projects in Kazakhstan. We would furthermore hope that a clear set of benchmarks for improvements in human rights protections in Kazakhstan will be developed and applied to condition any further provision of economic assistance. Progress must be real, not rhetorical on numerous occasions we have seen President Nazarbayev promise political liberalization at critical junctures only to enact more severe limitations on civil and political rights immediately thereafter. Sincerely, |
|
