COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF KAZAKHSTAN

16 August 2004


The Committee on the Elimination of Racial Discrimination has considered the report of Kazakhstan on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

Presenting the report was Zhabaikhan Abdildin, Chairman of the Commission on Human Rights attached to the Office of the Head of State of Kazakhstan, who said that given Kazakhstan’s multi-ethnic nature, ever since independence, the Government had understood that the only way to ensure successful development in the country was to ensure that there was inter-ethnic harmony, justice and concessions.

Also presenting the report was Oleg Ryabchenko, First Vice-Minister of Information of Kazakhstan, who said that the Constitution provided that no one may be subjected to discrimination on grounds of origin, social, sex, race, nationality, language, among other things and the principle of equality was at the centre of all its legislation. There was a separate article in the Criminal Code which provided for criminal punishment for such discriminatory acts. Kazakhstan’s Labour Law contained a set of articles intended to eradicate discrimination in the workplace or in employment practices. And the Culture Act of the State provided that all persons of any nationality had the right to participate in the development of their national culture.

In the course of the discussion, which was held over two meetings, issues concerning the use of national languages, the status of refugees, human trafficking and legal provisions pertaining to racial and related discrimination were raised, among other subjects.

In preliminary remarks, the country Rapporteur for the report, Committee Expert Luis Valencia Rodriguez, noted that a number of Kazaks had left the country before independence for security purposes and that many were now returning as a result of independence and more economic stability and security in the country. Also appreciated was the openness with which Kazakhstan had been welcoming refugees. However further efforts were needed to avoid the rejection of Uighars and Chechens in particular. Mr. Valencia Rodriguez also noted the religious freedom exercised in Kazakhstan and noted the World Conference on Religion which took place recently in the country.

The Committee will present its final conclusions and recommendations on the initial to third periodic reports of Kazakhstan, which were presented in one document, at the end of its session, which concludes on 20 August.

The delegation of Kazakhstan also included representatives of the Commission on Human Rights of Kazakhstan, the Office of the Public Prosecutor, the Ministries of Information, Internal Affairs and Justice and the Permanent Mission of Kazakhstan to the United Nations Office at Geneva.
During the course of the morning meeting, the Committee decided to postpone its consideration of the country situation in Mexico under its review procedure, after having taken note the State party would submit a report to it before 31 December 2004. The review procedure is used to consider the situation in a State party whose periodic reports are seriously overdue.

When the Committee reconvenes at 3 p.m. this afternoon, it will resume its discussion in response to the request from the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action.

Report of Kazakhstan

The initial to third periodic reports of Kazakhstan, contained in one document CERD/C/439/Add.2, state that Kazakhstan has a migration deficit; in 2001, 414,984 people departed from the country and 326,824 arrived. The migration deficit was 88,160. The Migration Act states the inadmissibility of discrimination on the grounds of origin, race, nationality or language when regulating migration of the population. The Act provides for the granting of refugee status to foreigners who are at risk of persecution on the grounds of race or nationality and are therefore forced to remain outside their country of citizenship, the report states.

In 1994, the President of Kazakhstan established the Commission on Human Rights as a consultative advisory body attached to the Office of the Head of State. One of the activities in the field of human rights is the adoption of enforceable enactments aimed at the introduction into the legal system of international standards and principles for the observance of human rights. The social and political stability achieved during the years of Kazakhstan’s independence has created conditions for the comprehensive establishment of human rights and freedoms in society and for their observance and implementation. The Constitution provides that no one may be subjected to discrimination on grounds of origin, social, professional or property status, sex, race, nationality, language, attitude to religion, belief, place of residence or other circumstances. The Criminal Code and Civil Code also prohibit all forms of discrimination.

The report also refers to the presidential decree of 19 June 1995 on the legal status of aliens which has the force of law. It provides that foreign citizens in Kazakhstan are equal before the law irrespective of their origin, social or property status, race, nationality, sex, education, language, attitude to religion or type or nature of occupation.

Presentation of Report

ZHABAIKHAN ABDILDIN, Chairman of the Commission on Human Rights attached to the Office of the Head of State, said Kazakhstan at the time of its independence had had serious problems. The Government had decided to pursue a course of development in terms of inter-ethnic relations within the State in line with human rights standards. Since Kazakhstan was a multi-ethnic country, from the outset it understood that the only way to ensure successful development in the country was to ensure that there was inter-ethnic harmony, justice and concessions.

According to Kazak law, it was the right of any citizen to live where they wanted to and the Government had formulated the idea in its Constitution that any individual who previously was a citizen of the Soviet Union had the right to become a citizen of Kazakhstan.

Mr. Abdildin noted that at the time of the Soviet era, the official language for all the Republics was Russian but when they gained their independence they wanted their own language, that being Kazak in Kazakhstan. However, Russian was declared by the Constitution to have official status as well, like Kazak, and it was also used for education and in other parts of public life.

At the beginning of the 1990s there was quite a big migration movement but after the economic situation improved and both the economic and political situation became stable, people began to return. Up to 1999, people were leaving the country but now they were returning.

The delegate referred to the establishment of the Assembly of the People’s which had 340 members representing 200 organizations from various ethnic groups; every year it had session. The Assembly constituted the best medium for interaction between the State and associations representing ethnic groups and provided a means for State support of the process of revival of ethnic cultures. Each national group had an opportunity to raise questions on their own national concerns. Moreover, any ethnic group living in Kazakhstan had the right to be educated in its own language and to study its own culture.

OLEG RYABCHENKO, First Vice-Minister of Information, said Kazakhstan, which became independent in 1991 following the dissolution of the Soviet Union, was the ninth largest country in the world in terms of geographic size and had over 130 nationalities and ethnic groups represented in the country. There were some 15 million inhabitants in 1999.

The term racial discrimination was not provided in national legislation however it was a term commonly applied in legal practice and was referred to in various legislation; there was no definition of ethnic groups or languages either. The Constitution provided that no one may be subjected to discrimination on grounds of origin, social, sex, race, nationality, language, among other things and the principle of equality was at the centre of all its legislation. There was a separate article in the Criminal Code which provided for criminal punishment for such discriminatory acts. Furthermore, the Code on Administrative Violations established responsibility for administrative violations on the same grounds and qualified them as aggravating circumstances. The Vice-Minister stated that any action in Kazakhstan likely to upset inter-ethnic harmony was recognized as unconstitutional by the State which based its policy on citizenship and not on origin.

As of July 2004, there were more than 2,000 media organizations operating in various languages and 26 regional newspapers in 11 languages used by ethnic groups. Moreover, radio and television transmitted programmes in various languages. Kazakhstan condemned all propaganda and all organizations which were based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which promoted racial discrimination in any form.

The delegate noted that there were some 65 ethnic groups represented in the labour force; that it was the right of any citizen of Kazakhstan to freedom of movement and residence within the border of the State; and that no immigrant could be discriminated against on the grounds of origin, race, nationality or language when regulating migration of the population. Furthermore, the Migration Act provided for the granting of refugee status to foreigners who were at risk of persecution on the grounds of race or nationality and were therefore forced to remain outside their country of citizenship.

Mr. Ryabchenko indicated that since independence a host of religious communities had all lived peacefully together in Kazakhstan as a result of the State’s position on the subject. More than 70 per cent of Kazaks were believers of a particular faith. The basis of the religious policy of the State lay on the idea of promoting and protecting a religious community. An important step in building inter-religious harmony was the holding of a National Congress in September 2003. At present there were over 2,300 places of worship in Kazakhstan; more than 1,700 Muslim, 250 Orthodox and 85 Catholic.

Kazakhstan’s Labour Law contained a set of articles intended to eradicate discrimination in the workplace or in employment practices. The Law on Employment provided for the right to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, and to just and favourable remuneration. Moreover, foreigners and stateless persons, had the right to receive pensions.

The Culture Act of the State provided that all persons of any nationality had the right to participate in the development of their national culture, and that all citizens must respect the language, culture, customs and traditions of the Kazak people and of the other peoples of Kazakhstan.

The Government of Kazakhstan had fostered a relationship of close cooperation between itself and the non-governmental organization (NGO) community with the aim of ensuring human rights and freedoms. There had been a programme of State support for NGOs and a draft law was currently being considered to give a legal basis for financing local NGO projects.

In conclusion, the Vice-Minister affirmed that the State was faced with certain problems in terms of the social adaptation and integration of contemporary Kazak society with others of Kazak origin returning to Kazakhstan after having been away for several years. Kazakhstan was also faced with a problem of illegal migration and human trafficking was of increasing concern. The Government, Mr. Ryabchenko added, had been working in close conjunction and with the support of international organizations to reduce these problems.

Discussion

LUIS VALENCIA RODRIGUEZ, the Committee Expert serving as Country Rapporteur to the report of Kazakhstan, thanked the delegation, among other things, for having provided detailed information on statistics on the ethnic composition in Kazakhstan and for clarifying the legal concepts of ethnic groups.

The Rapporteur referred to the information contained in the report that according to the 1999 census the population had decreased by 7.7 per cent from the population recorded in 1989. The Rapporteur asked how this reduction had impacted ethnic groups.

Mr. Valencia Rodriguez noted that according to the 1989 census, 98 per cent of the Kazak people used the Kazak language. Also noted was that the use of languages was guaranteed by the Constitution and that there was a decrease in child mortality. On both these matters the Rapporteur asked for more information on how this situation affected national minorities.

Mr. Valencia Rodriguez welcomed that education in minority languages was available in Kazakhstan and requested additional information on education in general. Other information was sought on the cause of the migratory flow, the reasons for massive arrests; and the arrests of 400 individuals on 20 Sept 2001.

Among other things, the Rapporteur welcomed the accession to the Convention on the Status of Refugees while noting that there were some 16,000 persons with refugee status in Kazakhstan; the impact on ethnic groups of the State’s economic reform measures; the definition of racial discrimination; the status of women; the right to marriage; the birth registration of children of repatriated Kazaks; and the law on labour banning racial discrimination. In this latter regard, the Rapporteur asked whether minorities enjoyed social protection in terms of welfare and right to join labour unions.

The Rapporteur welcomed comments made on the possibility of refoulment for Chechens and Uighurs and asked for more information on the powers of the President in appointing judges. Concerning the Commission on Human Rights, Mr. Valencia Rodriguez asked whether this body contained representatives of minority groups and the body had standards to combat racial discrimination. The Rapporteur noted the creation of the Office of the Ombudsman in September 2002 and asked for information in terms of its mandate and level of independence.

In conclusion, the Rapporteur noted with satisfaction the establishment of 33 ethno cultural organs and recommended that the State party promote the establishment of similar organizations specifically for ethnic groups.

In response to an orally posed question on languages and education, the delegation noted that Russian had been the language of Kazakhstan during the Soviet era. Russian had been taught nationwide during this era and the use of the Kazak language had been minimal; not even newspapers were published in Kazak. There was much repression around culture as per the policy of the Soviet party. In Kazakhstan there were some 3,400 Kazak language schools, 2,000 Russian schools, and 2,000 mixed schools; in addition, there were Uighur, Uzbek, Tajik, Ukrainian and German schools. There were also over 300 Sunday schools where ethnic groups could pursue studies in their own national languages and on their culture. The delegation added that the ethno-cultural policy of Kazakhstan was designed to maintain and develop all languages of different ethnic groups and national cultures. In addition to education, the State’s cultural policy aimed to support ethnic groups with State funding. In short, the term of integration meant assimilation, but also a synthesis of all cultures.

Asked for more information on the Government’s Commission on Human Rights, the delegation said the Commission was an advisory body for the President set up in 1992; according to the Constitution, the President was the guarantor of all rights and freedoms of all nationalities; the Commission assisted the President in that function. There were 21 members of the Commission, including the Prosecutor General, members of Parliament and almost 50 per cent was made up of representatives of non-governmental organizations. Every year a report was issued to the President on the situation of human rights in the country including substantial information on violations of human rights. Many individual complaints were also submitted; approximately 600 every year. The Office of the Ombudsman, which worked hand in hand with the Commission, also received complaints of this nature. This Office was created last year and proceeded with an enormous amount of work generated by the Commission. Legislation was currently being prepared on the Ombudsman’s Office with assistance from the United Nations Development Programme and other international bodies to ensure that the Office was up to international standards; the main priority was to ensure the independence of the Ombudsman and to give it the right to intervene in any proceeding.

On the issue of women’s rights, the delegation mentioned that there were no restrictions on who could stand for election to public office in Kazakhstan. In general women had a higher level of education than men and made up 56 per cent of the population.

Concerning economic development, the delegation noted that over the last four years Kazakhstan had seen economic growth of the GNP – around 9 to10 per cent per year. The level of unemployment also went down from 13 per cent in 1989 to 8.8 per cent last year. Moreover, unemployment was often of a seasonal nature in the rural areas. All citizens of Kazakhstan were drawing the benefits of economic recovery. On privatization, no preference was given to any particular ethnic group.

The delegation provided a brief response to a question on the Roma indicating that there were currently over 5,000 living in 10 to 12 major cities in Kazakhstan.

Asked for information on violations of human rights related to the Convention, the delegation said in 2003 the Ombudsman heard two complaints from Kazak citizens concerning ethnic discrimination and four complaints on the right to profess religion; another 900 general complaints were heard during the course of the year. The complaints on grounds of ethnic discrimination were found to be unfounded and the Ombudsman had not been able to confirm the religious complaints. In general, these cases were deemed to be insignificant in nature and did not show a pattern of discrimination in Kazakhstan.

With regard to Government control over human rights organizations, in Kazakhstan at present there were some 4,000 non-governmental organizations (NGOs) and according to data, human rights organizations made up some 10 to 15 per cent of these. The delegation recalled that the Government policy with respect to NGOs was to support them as an important element of civil society. A law was being considered to fund NGO projects from the State’s budgets; some 20 NGO projects had received Government grants this year.

In response to a question on the population of Kazakhstan, the delegation provided some historical information stating that between 1921 and 1940, Kazakhstan was transformed from an agrarian to an industrial-agricultural society. When independence was obtained, Kazakhstan opened up its borders and at the same time many people living in the country left for their historic homelands.

In response to another question, the delegation stated that in Kazakhstan there were some 30,000 Kazak citizens of Chechen origin of whom about 12,000 had moved to Kazakhstan as a result of the aggression in their homeland.

Asked what counter-terrorism measures the Government of Kazakhstan had taken, the delegation said Kazakhstan was in a region where a number of conflicts existed and as a result the Government had acceded to several related international instruments and had adopted counter-terrorism national legislation. The delegation affirmed that no nationality or ethnic group was singled out by its national legislation.

On the subject of human trafficking, the State party had recently been active in tackling this problem, the delegation said. In 2003, amendments had been made to Kazak legislation further defining the offences related to human trafficking and providing for extra sanctions. An inter-departmental commission was set up to combat trafficking. Twice a year, the commission reported to the Government and informed the President of the state of affairs on this subject. Rehabilitation centres had been set up to provide the necessary assistance to victims. Despite Government efforts, the problem of identifying such crimes still existed due to their covert nature. The Government and NGOs were now focusing on preventive measures, also in conjunction with the media.

Concerning minors, the delegation said apart from Government legislation protecting the rights of the child, just two weeks ago it had adopted a law addressing the issue of street children.
The delegation said although the Kazak Constitution and several legal provisions referred to the prohibition of racial and related discrimination and prevented any person from being discriminated against, there was no definition on racial discrimination as per the Convention in its national legislation. On a similar issue, the delegation noted that last year three people were brought to court and four people this year on the grounds of the intent to pronounce racial hatred. Moreover, the Government was aiming to establish a uniform practice to combat such acts in law.

In response to questions, the delegation said in Kazakhstan there had been a major development in legal court reform. On 25 December 2000, a Constitutional law was adopted on the status of judges enhancing the independence of the judicial system and stating that no person had the right to interfere in court proceedings; interference of any form in the Courts was sanctioned by up to two years imprisonment. A disciplinary committee was also created to look at the work of judges; the selection of candidates was carried out on the recommendation of qualified legal experts and was based on equality standards.

Preliminary Remarks

LUIS VALENCIA RODRIGUEZ, the Committee Expert serving as Country Rapporteur, noted the importance of the presentation of the delegation which fulfilled its reporting obligations. The Committee was enriched by the knowledge imparted by the delegation with professional replies to comments and questions both in writing and posed orally.

While noting that a number of Kazaks had left the country before independence for security purposes, the Rapporteur said that many were now returning as a result of independence and more economic stability and security in the country. The issue of multiple national languages being used in the State was also a positive point, however a legal provision was needed on their use. While the Constitution referred to racial discrimination and the Convention was placed above domestic law, a new law was needed to include a definition of racial discrimination. There was also a need to guarantee on an equal basis access to civil service positions for all minority groups. The functions of the Human Rights Commission should be expanded so that it was able to hear complaints of racial discrimination in an independent manner and in accordance with the Paris Principles. The Rapporteur also noted with satisfaction the creation of the Ombudsman’s Office yet there was a need to speed up its work.

Also appreciated was the openness with which Kazakhstan had been welcoming refugees, however further efforts were needed to avoid the rejection of Uighars and Chechens, in particular. Mr. Valencia Rodriguez also noted the religious freedom exercised in Kazakhstan and noted the World Conference on Religion which took place recently in the country. He also noted the information provided by the delegation on the access of ethnic groups to education and the country’s recent economic growth, and welcomed the information provided on non-governmental organizations, particularly those working in the area of human rights.

In conclusion, the country Rapporteur said there was a need for a full dissemination of information on the remedies available to citizens in the event of a violation of their human rights in order to make it possible for them to feel better protected.