战略与国际研究中心-Policy-Brief-Number-5_-Kazakhstan-and-the-OSCE-Human-Dimension_8页_1mb

CSIS-IND TASK FORCE Summary: Kazakhstan's OSCE Chairmanship and Human Dimension

Core Content

The CSIS-IND Task Force was launched in 2009 to support Kazakhstan in shaping its OSCE chairmanship agenda and to strengthen U.S.-Kazakh relations. Funded by the Kazakh government, the initiative aims to bring together policymakers, regional specialists, NGOs, former OSCE chairing countries, and business leaders to provide implementable recommendations for the OSCE's human dimension focus.

The Policy Brief, part of the Task Force's output, outlines key challenges and opportunities for Kazakhstan as it assumes the role of OSCE Chairman-in-Office in 2010, particularly in relation to the Human Dimension.

Main Challenges

1. Preservation of ODIHR Autonomy and Mandate

• ODIHR's Role: The Office of Democratic Institutions and Human Rights (ODIHR) is central to the OSCE's human dimension work, including election monitoring, human rights promotion, and tolerance-building.
• Contested Mandate: Some participating states, notably Russia and CIS countries, have sought to reduce ODIHR's influence, arguing that its activities infringe on domestic sovereignty.
• Kazakhstan's Commitment: Kazakhstan has committed to protecting ODIHR's autonomy and mandate, as reaffirmed in the Madrid Ministerial Meeting of 2007.
• Consensus Requirement: ODIHR's mandate can only be altered with the consensus of all 56 OSCE participating states, making it unlikely that Kazakhstan will be able to change it unilaterally.

2. Domestic Human Rights and Political Reforms

• Political System: Kazakhstan's centralized and personalized political system has raised concerns about its ability to lead in promoting democracy and human rights.
• Reforms Needed: The country needs to advance its domestic reform agenda, particularly in civil and political rights, to meet OSCE commitments.
• Legal Development: Kazakhstan has introduced a long-term legal development concept and a National Human Rights Action Plan (2009-2012) to support these reforms.

Key Areas of Focus

1. Media Law Reform

• Recent Changes: Kazakhstan amended its media law in 2009, reducing administrative burdens on media outlets.
• International Criticism: Despite these changes, the law still fails to meet international standards, including the decriminalization of libel and the establishment of independent media registration.
• Internet Regulation: Internet sites are now classified as mass media, subject to the same restrictions. This has sparked controversy and international concern over freedom of expression.

2. Election Law Reform

• Threshold for Entry: The seven percent threshold for political parties to enter parliament remains unchanged.
• Second Party Representation: If only one party reaches the threshold, the second highest party may gain representation in the Mazhilis.
• Lack of Opposition Inclusion: The reforms have not ensured representation of opposition parties or civil society on election commissions or the right for NGOs to observe elections.

3. Political Party Registration

• Membership Requirement: The required membership for party registration was reduced from 50,000 to 40,000.
• New Procedures: The registration process now includes a two-stage requirement for initiative committees, which limits the ability of new parties to organize and hold congresses before registration.

4. Freedom of Religion

• Recent Improvements: Kazakhstan has taken steps to support smaller religious communities, including registering the Atyrau branch of Jehovah's Witnesses.
• Unconstitutional Law: A proposed restrictive religion law was ruled unconstitutional by the Constitutional Council in February 2009.

5. National Minorities Representation

• Assembly of Nations: Kazakhstan has 130 ethnic minority groups represented by nine deputies in the Mazhilis.
• Indirect Election: These deputies are elected indirectly by the Assembly of Nations, not directly by the public, which has drawn criticism.
• OSCE Recommendations: The OSCE High Commissioner on National Minorities has called for direct elections with multiple candidates and for mainstream parties to promote minority representation.

Opportunities and Commitments

• International Scrutiny: Kazakhstan's chairmanship has placed its domestic political life under increased international scrutiny.
• Human Dimension Leadership: Kazakhstan is seen as a valuable example of a multi-ethnic society that has successfully transitioned to independence and maintained inter-ethnic and inter-confessional coexistence.
• Collaboration with ODIHR: Kazakhstan has initiated a "follow-up mechanism" to consult with ODIHR experts on political reforms, offering an opportunity for international engagement and support.

Conclusion

Kazakhstan's OSCE chairmanship presents both challenges and opportunities. The country must navigate the political tensions surrounding ODIHR's autonomy and focus on implementing meaningful domestic reforms in the human dimension. While progress has been made, further steps are needed to ensure compliance with international standards and to demonstrate a commitment to democratic principles and human rights.