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Title: Kazakstan Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
KAZAKSTAN
Kazakstan is a constitutional republic with a strong presidency. In
March, following a Constitutional Court decision that found the March
1994 parliamentary elections unconstitutional, the Parliament was
dissolved. Throughout most of 1995, Kazakstan had no legislature; the
country was governed through decree by the President and Cabinet of
Ministers. President Nursultan Nazarbayev remained the country's
central political figure, and his term was extended by referendum until
the year 2000. A new Constitution was adopted, also by referendum, that
concentrates power in the presidency, permitting it to dominate
legislative and judicial institutions. International observers judged
the conduct of the December parliamentary elections to have been an
improvement over the March 1994 elections. However, the powers of the
new Parliament are more limited than those of its predecessor. The
Constitution does not provide adequately for some rights. The problem
of corruption also hindered progress toward democracy and a free-market
economy.
The Ministry of Internal Affairs supervises the criminal police, who are
poorly paid and widely believed to be corrupt. The Committee for
National Security (KNB, successor to the Soviet KGB) sought to
legitimize its role by focusing on efforts to combat terrorism,
organized crime, and official corruption. Attempts to build a small,
modern army were impeded by severe financial problems, the flight of
ethnic Russian officers, widespread draft-dodging, and the brutal hazing
of conscripts. There were reports of human rights abuses by members of
the security forces, including surveillance, break-ins, and the beating
of an opposition figure.
Kazakstan is rich in natural resources, chiefly petroleum and minerals,
but its state-dominated economy continued to decline in 1995. Although
the Government achieved notable success (beginning in the latter half of
1994) in stabilizing the local currency (tenge) and slowing inflation,
structural reforms lagged. Both the agricultural sector, traditionally
accounting for over a third of national employment and production, and
large-scale industrial complexes have been slow to privatize. The per
capita gross domestic product was about $900.
The Government generally respected the human rights of its citizens. In
its fourth year of independence, despite a number of challenges,
Kazakstan has in place important elements of participatory democracy.
Citizens enjoy basic rights of freedom of religion, speech and assembly.
Nonetheless, the establishment of democratic institutions suffered a
number of setbacks. The legal structure, including the Constitution
adopted in August, does not fully safeguard human rights. The judiciary
remains under the control of the President and the executive branch, and
corruption is deeply rooted. The right of citizens to change their
Government was infringed. Members of the security forces sometimes beat
or otherwise abused detainees, and prison conditions were harsh and
continued to deteriorate. The Government generally respected freedom of
speech and the press, although the media practiced self-censorship, and
the Government maintained control of printing facilities and supplies.
Freedom of assembly is sometimes restricted, and freedom of association
and religion, while generally respected, were sometimes hindered by
complicated registration requirements for organizations and political
parties. The authorities sometimes infringed citizens' right to
privacy. The Government practiced some positive discrimination in favor
of ethnic Kazaks. Domestic violence against women remained a problem.
There was some discrimination against women and the disabled. The
Government tried to limit the influence of independent trade unions,
both directly and through its support for state-sponsored unions.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution adopted in August states that "no one must be subject
to torture, violence, or other treatment or punishment that is cruel or
humiliating to human dignity." However, there were credible reports
that police beat or treated detainees abusively to obtain confessions.
Training standards for police are very low, and individual law
enforcement officials are often poorly supervised. Even President
Nazarbayev noted during a September speech to the Government anticrime
task force that "in people's minds, the word 'police' is associated with
cruelty, arbitrariness, and bribery." Human rights monitors alleged
that a former parliamentary deputy (and prominent human rights activist)
was badly beaten by security forces in April during the runup to the
presidential referendum, and again in August, after he participated in a
demonstration against the new Constitution.
Prison conditions were harsh and continued to deteriorate, due to
diminishing resources and an increase in the number of persons
imprisoned. The Kazakstan-American Human Rights
Bureau, an independent local human rights group, estimated that there
were 91,000 prisoners in facilities designed for 60,000. This
overcrowding, combined with an inadequate prison diet and a lack of
medical supplies and personnel, contributed to the outbreak of
tuberculosis, hepatitis, and other diseases. Eleven thousand prisoners
are believed to suffer from major illnesses. There were press reports
about the death of several prisoners in the north of Kazakstan due to
extreme summer heat. Prison guards, who are poorly paid, steal food and
medicines intended for prisoners. Violent crime among prisoners is
routine.
Prisoners are allowed only one visit every 6 months, but additional
visits may be granted in emergency situations. Juveniles are kept in
separate facilities. The Government permits monitoring of prison
conditions by local media and human rights groups.
d. Arbitrary Arrest, Detention, or Exile
The Government was in the process of reforming the legal system
throughout 1995. Much of the old Soviet legal system remained in force
while new laws were being prepared to bring the legal system into accord
with the Constitution adopted in August. The law sanctions pretrial
detention. According to the Constitution, police may hold a detainee
for 72 hours before bringing charges. After 72 hours, police may
continue to hold the detainee for 10 days with the approval of a
prosecutor. In practice, police routinely hold detainees, with the
sanction of a prosecutor, for weeks or even months without bringing
charges.
There is no legal provision for bail; defendants remain in detention
until trial. The maximum length of pretrial detention is 1 year.
According to the Constitution, persons detained, arrested, or accused of
committing a crime have the right to the assistance of a defense lawyer
from the moment of detention, arrest, or accusation--a right generally
respected in practice. Detainees may also appeal the legality of
detention or arrest to the prosecutor before trial. If defendants
cannot afford an attorney, the Constitution stipulates that the State
will provide one free of charge. Although some lawyers are reluctant to
defend clients unpopular with the Government, there were no reports of
Government reprisals against attorneys.
The Government does not employ forced exile.
e. Denial of Fair Public Trial
Government interference and pressure compromised the court system's
independence throughout 1995--a situation codified in the new
Constitution's creation of a judiciary under the control of the
President and the executive branch. At year's end, the judicial system
was in the process of being restructured to bring it into line with
provisions of the Constitution. In December the President issued a
decree, with the force of constitutional law, "On Courts and the Status
of Judges in the Republic of Kazakstan."
There are three levels in the court system: the local level, the oblast
(provincial) level, and the Supreme Court. According to the
Constitution, the President proposes to the upper house of Parliament
(the Senate) nominees for the Supreme Court (recommended by the "Highest
Judicial Council," a body chaired by the President, which includes the
chairperson of the Constitutional Council, the chairperson of the
Supreme Court, the Procurator General, the Minister of Justice,
senators, judges and other persons appointed by the President). The
President appoints oblast judges (nominated by the Highest Judicial
Council) and local level judges from a list presented by the Ministry of
Justice, based on recommendations from the "Qualification Collegium of
Justice," an autonomous institution made up of deputies from the lower
house of Parliament (the Majilis), judges, public prosecutors, and
others appointed by the President. Judges are appointed for 10-year
terms. The Constitution abolished the Constitutional Court and
established a Constitutional Council--three of its seven members,
including the chairman, are directly appointed by the President. The
council rules on election and referendum challenges, interprets the
Constitution, and determines the constitutionality of laws adopted by
Parliament.
Local courts try less serious crimes, such as petty theft and vandalism.
Oblast courts handle more serious crimes, such as murder, grand theft,
and organized criminal activities. The oblast courts may also handle
cases in rural areas where no local courts are organized. Judgments of
the local courts may be appealed to the oblast-level courts, while those
of the oblast courts may be appealed to the Supreme Court. A special
Arbitration Court handles disputes between state enterprises. There is
also a military court. According to the December decree, specialized
and extraordinary courts can also be created--for example, economic,
taxation, family, juvenile, and administrative courts--which have the
status of oblast and local courts. The Constitution and existing law
establish the necessary procedures for a fair trial. Trials are public,
with the exception of instances in which an open hearing could result in
secrets being divulged, or when the private life or personal family
secrets of a citizen have to be protected.
According to the Constitution, defendants have the right to be present,
the right to counsel (at public expense if needed), and the right to be
heard in court and call witnesses for the defense. Defendants enjoy a
presumption of innocence, are protected from self-incrimination, and
have the right to appeal a decision to a higher court. According to the
December decree, legal proceedings are to be conducted in the state
language, Kazak, although Russian can also be used officially in the
courts. Proceedings can also be held in the language of the majority of
the population in a particular area.
However, the problem of corruption is evident at every stage and level
of the judicial process. Judges are poorly paid; the Government has not
made a vigorous effort to root out corruption in the judiciary.
Anecdotal evidence stemming from individual cases suggests that judges
solicit bribes from participants in trials and rule accordingly.
There was one known political prisoner. In Petropavlosk in May,
journalist Boris Suprynuk, a Russian citizen, was sentenced to 2 years'
imprisonment for "insulting" a public prosecutor. The alleged
"insulting" and "use of bad language" occurred during a previous trial
in which Suprynuk was sentenced to 2 years' imprisonment for inciting
interethnic hostility, a decision later overturned by the Supreme Court.
Suprynuk appealed the verdict and the sentence and is imprisoned in
Kokshetau.
f. Arbitrary Interference with Privacy Family, Home, or
Correspondence
The Constitution guarantees that everyone has the right to
"confidentiality of personal deposits and savings, correspondence,
telephone conversations, postal, telegraph, and other messages."
Limitation of this right is allowed "only in the cases and according to
the procedure directly established by law." However, the KNB and
Ministry of Internal Affairs, with the concurrence of the procuracy, can
and do arbitrarily interfere with privacy, family, home, and
correspondence. The law requires criminal police, who remain part of
the internal security structure, to obtain a search warrant from a
prosecutor before conducting a search, but they sometimes search without
a warrant. The KNB has the right to monitor telephone calls and mail,
but under the law it must inform the procuracy within 24 hours of such
activity.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution and the 1991 Press Law provide for freedom of the
press. The Government continued to own and control printing and
distribution facilities and to subsidize periodicals, including many
which were supposedly independent. The potential for government
control, as well as reports of specific instances of government
officials making suggestions about what a journalist should and should
not cover, resulted in widespread media self-censorship.
One such instance involved Karavan, the most independent newspaper in
Kazakstan. The Karavan Publishing Corporation owns a printing press and
runs its own distribution network. In March, after Karavan ran critical
stories about the dissolution of Parliament, a Karavan-owned warehouse
burned down, destroying 1 million dollars worth of newsprint. The
official investigation of the fire blamed a drunken welder, but
Karavan's independent investigation found evidence of arson. After the
fire, Karavan gradually reduced its coverage of political topics.
Despite occasional heavyhandedness, the press was generally permitted to
criticize government decisions. For example, many newspapers ran
critical analyses of the draft Constitution during the officially-
designated "discussion period" in July. During the run-up to the
December parliamentary elections, the press also questioned the value of
establishing a new Parliament with only limited powers. Official
corruption remained an acceptable topic for critical coverage.
Most political opposition groups freely issued their own publications.
One such paper, the Kazak nationalist Kazakhskaya Pravda, was shut down
by the General Prosecutor's office in April under the charge of
"inciting ethnic tension." By September, according to the Minister of
Press and Mass Media, the paper was allowed to resume publication.
Several independent newspapers emerged as new voices for the opposition,
particularly Delovaya Nedelya (Business Week) and Novoye Pokoleniye (New
Generation).
There are many radio and television companies, both public and private,
but the Government controls all broadcasting facilities. An association
of independent broadcasters of Central Asia exists. However, government
officials and representatives of the state television corporation
continued to call for a state-sponsored union of independent television
stations. In the fall, a government decision to reduce the number of
hours of television broadcasting from Russia was criticized by human
rights activists, especially in the majority Russian-speaking regions of
northern Kazakstan. The Government reversed its decision, and by the
end of the year, much of the television broadcasting from Russia had
been restored.
The law against insulting the President and other officials remained on
the books, and the new Constitution provides for the protection of the
dignity of the President. Russian journalist Boris Suprynuk was
convicted of insulting a public prosecutor and sentenced to 2 years'
imprisonment (see Section l.e.) in May.
Several laws controlling advertising in the mass media were passed. One
law restricts alcohol and tobacco advertising on television, as well as
"pornography" and "violence" during prime viewing hours. Another law,
whose interpretation was still in question, restricted the amount of
advertising in newspapers to 20 percent of each issue. The Minister of
Justice and the Minister of Press and Mass Media interpreted this law as
restricting paid articles, not commercial advertisements.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for peaceful assembly and association, but
there are significant restrictions. According to a law issued by the
President in March, organizations must apply to the local authorities
for a permit to hold a demonstration or public meeting at least 10 days
in advance, or the activity will be considered illegal. In August, on
the grounds that it was an illegal assembly, Almaty authorities broke up
a demonstration organized to oppose adoption of a new constitution by
referendum. Nineteen participants were arrested and fined for
demonstrating without a proper permit. In most cases, local officials
routinely issued necessary permits. However, human rights activists
complained that complicated procedures and the 10 day notice period have
made it more difficult to organize public meetings. There have been
complaints that local authorities have insisted on approving the slogans
on banners before allowing demonstrations to take place. In addition,
one human rights activist complained that local authorities agreed to
issue a permit for a demonstration only if the activity was held in a
remote location, far from the center of town.
To participate in elections, a political party must register with the
Government. There were no major changes regarding the registration of
political parties in a new electoral code issued prior to the December
parliamentary elections. Under current law, a party must submit a list
of at least 3,000 members from a minimum of 11 (out of 19) oblasts. The
list must provide personal information about the members, including date
and place of birth, address, and place of employment. For many
citizens, submitting such personal data to the Government recalls KGB
tactics and inhibits them from joining parties. The nationalist Alash
Party and the Social Democratic Party have refused to register on the
principle that they should not have to submit personal information about
their members to the Government. Under current law, members of
unregistered parties may run for elected office as individuals but not
as party members.
Organizations or movements that conduct public activities, hold public
meetings, participate in conferences, or have bank accounts must also
register with the Government. Registration on the local level requires
a minimum of 10 members and on the national level, a minimum of 10
members in each of at least 11 oblasts. In addition, a registration fee
is required, which many groups consider to be a deterrent to
registration. Parties established on a religious basis are prohibited
by the Constitution. Government decisions not to register ethnic-based
parties have been based on the grounds that their activities could spark
ethnic violence. The Constitution bans "public associations"--including
political parties--whose "goals or actions are directed at a violent
change of the constitutional system, violation of the integrity of the
Republic, undermining of the security of the State (and), fanning of
social, racial, national, religious, class and tribal enmity."
Unregistered parties and movements are, nonetheless, able to hold
meetings and publish newspapers. However, in October the Prosecutor
General took steps against an unregistered ethnic Uighyr organization
for "illegal organizational and publishing activity." All of the major
religious and ethnic groups in Kazakstan have independently functioning
cultural centers.
In October Nikolai Gunkin, the "chieftan" of the Semirechie (Southern
Kazakstan) Cossacks, was detained by Almaty police. According to the
Government, Gunkin had been convicted of organizing two illegal
demonstrations and was sentenced in January by a local court to 6 months
in prison. Gunkin reportedly fled to Russia after the sentence was
handed down by the court. In November Gunkin was sentenced to an
additional 3 months in a correctional labor colony for organizing these
unauthorized rallies. Human rights monitors argued that the prison
sentences were excessive for the offense of organizing illegal
demonstrations (described by some Gunkin supporters as Orthodox prayer
meetings). Activists also alleged that Gunkin was taken into custody
because he was considering registering as a candidate for a seat in the
lower house of Parliament.
The Constitution prohibits foreign political parties and foreign trade
unions from operating in Kazakstan. In addition, the Constitution
prohibits the financing of political parties and trade unions by foreign
legal entities and citizens, foreign states, or international
organizations.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice. Various denominations worship without
government interference. However, the Constitution also requires that
the appointment by foreign religious centers of the heads of religious
associations must be carried out "in coordination with the Government,"
as must the activities of foreign religious associations. Foreign
missionaries, unwelcome to some Orthodox and Muslim Kazakstanis, have
complained of occasional harassment by low-level government bureaucrats.
In April the main Orthodox church in Almaty, during Soviet times a
museum of atheism, was returned to the Russian Orthodox Church and again
holds regular services. The Islamic mufti and the Russian Orthodox
archbishop have appeared together publicly to promote religious and
ethnic harmony.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for the right to emigrate and the right of
repatriation; both are respected in practice. Kazakstanis have the
right to change their citizenship, but are not permitted to hold dual
citizenship.
According to the Constitution, everyone who is legally present on the
territory of the Republic of Kazakstan has the right to move freely on
its territory and freely choose a place of residence except in cases
stipulated by law. This provision formally abolishes the "propiska"
system of residence permits, a holdover from the Soviet era. However,
in the absence of a law to bring legal practice into line with the
Constitution, citizens were still required to have a "propiska" in order
to prove legal residence and obtain city services. Obtaining a
"propiska" for most of the country was generally routine. However,
according to human rights activists, a bribery market in "propiskas" to
live in Almaty continued to exist, because of Almaty's greater
affluence.
There were numerous reports of government efforts to restrict the
movement of foreigners around the country.
An exit visa is required for travel abroad, although refusals are
exceptional. There have been reports of some officials demanding bribes
for exit visas. The Government accords special treatment to ethnic
Kazaks and their families who fled Kazakstan during Stalin's time and
wish to return. Kazaks in this category are entitled to citizenship and
a host of other privileges. Anyone else, including ethnic Kazaks who
are not considered refugees from the Stalin era of political repression,
such as the descendants of Kazaks who moved to Mongolia during the
previous century, must apply for permission to return.
The Government cooperates with the U.N. High Commissioner for Refugees
and other humanitarian organizations in assisting refugees, especially
with the resettlement in Kazakstan of ethnic Kazaks from Afghanistan now
living as refugees in Iran. There were no reports of forced expulsion
of those having a valid claim to refugee status.
In January 1995, Kazakstan and Russia initialed agreements that
established broad legal rights for the citizens of one country living on
the territory of the other, and provided for expeditious naturalization
for citizens of one country who moved to the other. These agreements
still require ratification by both Governments.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Although both Constitutions in force in 1995 provided for a democratic
government, in practice the Government infringed the right of citizens
to change their Government. The Government operated for most of the
year without a legislature; it extended the term of the President by
referendum, without an open presidential election; and it promulgated a
new Constitution, also by referendum, that concentrates power in the
presidency, permitting it to dominate legislative and judicial
institutions.
In March, following a Constitutional Court decision that found the March
1994 parliamentary elections unconstitutional, the Parliament was
dissolved. Governing by decree in the absence of a parliament,
President Nazarbayev called a referendum in April to extend his term of
office to the year 2000 without a contested presidential election
(which, according to the Constitution then in force, should have been
held in 1996). The referendum was easily approved. Government
officials and institutions campaigned openly for the extension of
President Nazarbayev's term; voting instructions showed voters only how
to vote "yes," and officials manipulated election returns to indicate
massive (more than 90 percent) voter turnout and a massively favorable
(more than 93 percent) vote.
The President then drew up a new constitution for approval by
referendum. While theoretically open to changes during a 30-day period
of public discussion, the final draft did not reflect the suggestions of
democracy and human rights advocates. The new Constitution, approved
overwhelmingly in August--again with voting turnout and results
exaggerated by the Government--concentrates power in the presidency,
allowing the President considerable control over the legislature, the
judiciary, and local government.
There was no legislature after Parliament was dissolved in March until
elections took place in December for a new, bicameral legislature, which
took office in January 1996. The lower house (the Majilis), consisting
of 67 members, was elected directly. The upper house (the Senate), with
47 members, was elected indirectly, by members of oblast and city
parliaments, with 7 of its members appointed directly by the President.
The election law required candidates for both houses to meet minimum age
and education requirements, and to pay a nonrefundable fee of 30,000
tenge, 50 times the minimum monthly wage or about $500. The new
election law did not require Majilis candidates to collect a certain
number of signatures in order to be placed on the ballot. Senate
candidates were required to obtain signatures from 10 percent of the
members of their local assemblies in order to be placed on the ballot.
The Central Election Commission registered 49 candidates for the Senate
and 285 candidates for the Majilis. Some activists considered the
election requirements to be a barrier to participation.
A number of candidate registrations were canceled during the weeks prior
to the elections, either at the request of candidates or for specific
campaign violations. One candidate, an ethnic Russian, was removed from
the ballot after her electoral platform was judged to contain planks
"inciting ethnic hatred."
Prior to the election, the Central Election Commission accepted foreign
technical electoral assistance, welcomed international monitors, and
agreed to modify the election law to allow nonpartisan domestic
observers to serve as monitors. Observers noted that some technical
improvements had been made since the March 1994 parliamentary elections.
In many districts, officials and citizens made sincere and conscientious
efforts to carry out fair and transparent elections. Observers
nonetheless pointed to flaws in the conduct of the December 9 election.
Concern was expressed about possible inflation of official voter turnout
figures; "family voting" (the practice of one individual casting
multiple ballots on behalf of family members), which violates the law;
and isolated problems of access for observers.
Unless the Parliament can become an active, autonomous institution in
Kazakstani politics, the elections will have formed a national
legislature that exercises only limited meaningful power. The
Constitution does not empower the legislature to control the budget,
initiate changes in the Constitution, or exercise oversight of the
executive branch. For instance, should the Parliament fail to pass
within 30 days an "urgent" bill brought by the President, the President
may issue the bill by decree. While the President has broad powers to
dissolve the Parliament, Parliament can only remove the President for
disability or high treason, and only with the consent of the
Constitutional Council, which is largely controlled by the President.
The Constitution significantly constrains the independence of the
judiciary. The Constitutional Court has been abolished and replaced by
a Constitutional Council. Three of its seven members, including its
chairman, are directly appointed by the President. A two-thirds
majority of the Council is required to overrule a presidential veto of
its decisions.
The governors of oblasts (the "akims") are selected by the Prime
Minister but serve at the discretion of the President, who may also
annul their decisions. All male and female adult citizens have the
right to vote. Membership in political parties or trade unions is
forbidden to members of the military, employees of national security and
law enforcement organizations, and judges.
There are no legal restrictions on the participation of women in
politics, but the persistence of traditional attitudes means that few
women hold high office or play active parts in political life. Of 45
Senate members, 3 are women, and of 67 Majlis members, 9 are women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Helsinki Watch/Almaty and the Kazakstan-American Human Rights
Association are the most active of several local human rights
organizations. The two cooperate on human rights issues. Although
these groups operated largely without government interference, they were
subject to restrictions on assembly, and limited financial means
hampered their ability to monitor and report human rights violations.
Some human rights observers complained that the Government monitored
their movements and telephone calls. During the presidential and
constitutional referendums, local election monitors were often denied
access to polling places. Observers also reported some isolated
problems with access during the December parliamentary elections.
The Government tended to deny or ignore charges of specific human rights
abuses, such as the beating of an opposition figure during the
presidential and constitutional referendum campaigns.
The Government permitted international and foreign nongovernmental
organizations (NGO's) dealing with human rights issues to visit
Kazakstan and meet with local human rights groups as well as government
officials. However, the Constitution forbids "the financing of
political parties and trade unions by foreign legal entities and
citizens, foreign states and international organizations." Further,
although a civil code introduced this year allowed the registration of
NGO's, requirements for registration were burdensome and changed
frequently. As a result, few NGO's were registered, leaving them
without legal standing. Some government officials continued to assert
that foreign NGO's promote instability.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution states that "everyone is equal before law and court.
No one may be subjected to any discrimination for reasons of origin,
social position, occupation, property status, sex, race, nationality,
language, attitude to religion, convictions, place of residence, or any
other circumstances." However, the Government has practiced positive
discrimination in favor of ethnic Kazaks in government employment and,
according to many citizens, in the economic privatization process.
Women
According to human rights groups, there is considerable domestic
violence against women. Police are often reluctant to intervene in
cases of spousal abuse, considering it to be the family's business,
unless they believe the abuse is life threatening. The maximum sentence
for wife beating is 3 years, but few such cases are prosecuted. The
Government has not specifically addressed the problem. Law enforcement
authorities reported 5,829 cases of rape in 1995, about 9 percent of all
crimes reported. The punishment for rape can range from 4 to 15 years.
There is very little coverage of rape in the press, and it is generally
believed that rapes often go unreported.
There is no legal discrimination against women, but women are severely
underrepresented in higher positions in state enterprises and
overrepresented in low-paying and some menial jobs. Women generally
have unrestricted access to higher education.
Children
The Government is committed in principle to children's rights, but, as
in many other areas, budget stringencies and other priorities severely
limit its effectiveness in dealing with children's issues. Although the
law provides for free education and medical care for children, the lack
of government resources means that many do not receive adequate medical
care, and educational institutes do not have the money needed to pay
teacher salaries and obtain necessary supplies. There is no established
pattern of governmental or societal abuse against children. Rural
children normally work during harvests (see Section 6.d.).
People with Disabilities
Citizens with disabilities are entitled by law to assistance from the
State. There is no legal discrimination against people with
disabilities, but in practice, employers do not give them equal
consideration. Laws mandate the provision of accessibility to public
buildings and commercial establishments for the disabled, but these laws
are not enforced. Disabled persons are a low priority for the
Government.
National/Racial/Ethnic Minorities
Kazakstan's population of about 17 million consists of approximately 44
percent Kazaks and 36 percent Russians, with many other ethnic groups
represented.
The Government continued to discriminate in favor of ethnic Kazaks in
government employment where ethnic Kazaks predominate, as well as in
education, housing, and other areas. However, the Government has
continued to back away from its "Kazakification" campaign of the first
year of independence. President Nazarbayev has publicly emphasized that
all nationalities are welcome in Kazakstan, but many non-Kazaks are
anxious about what they perceive as expanding preferences for ethnic
Kazaks. Many ethnic Kazaks, however, believe affirmative action is
needed to reverse 200 years of Russian domination.
Most of the population speaks Russian; only about half of ethnic Kazaks
speak Kazak fluently. The Constitution adopted in August states that
the Kazak language is the state language of the republic. According to
the Constitution, the Russian language is officially used on a basis
equal with that of the Kazak language in organizations and bodies of
local self-administration. This slight increase in the status of the
Russian language (from its previous status as the republic's "language
of interethnic communication") did not satisfy some ethnic Russian
Kazakstanis who had hoped that Russian would be designated as a second
state language. An article in the first draft of the Constitution
(which was later dropped) prohibited limiting the rights and freedoms of
citizens on account of not knowing the state or any other language. The
Government is encouraging more education of children in the Kazak
language, but has done little to provide Kazak-language education for
adults.
Section 6 Worker Rights
a. The Right of Association
The Constitution and the current Labor Code (the Ministry of Labor is
drafting a new labor code, with input from labor) provide for basic
workers' rights, including the right to organize and the right to
strike. Kazakstan joined the International Labor Organization (ILO) in
1993, but the previous Parliament did not ratify any ILO conventions.
Most workers remained members of state-sponsored trade unions
established during the Soviet period. Membership was obligatory. At
most enterprises, the state-sponsored unions continued to deduct 1
percent of each worker's wage as dues. In addition, the government
pension fund withholds 30.2 percent of each worker's wage, and the state
unions, which have the authority to allocate funds for disability and
sick pay, housing, and the use of vacation retreats, take 7.3 percent.
The state unions under the Communist system were, and for the most part
still are, organs of the Government and work with management to enforce
labor discipline and to discourage workers from forming or joining
independent unions.
The law gives workers the right to join or form unions of their own
choosing and to stop the automatic dues deductions for the state unions.
However, enterprises often continue to withhold dues for the state-
sponsored union in spite of requests from individual workers to stop the
deduction. The Independent Trade Union Center of Kazakstan claims
membership of about 500,000 out of a total work force of about
5,600,000; however, the actual number of Independent Trade Union members
is estimated to be closer to 70,000. To obtain legal status, an
independent union must apply for registration with the local judicial
authority at the oblast level and with the Ministry of Justice.
Registration is generally lengthy, difficult, and expensive. The
decision to register a union appears to be arbitrary, with no published
criteria. Judicial authorities and the Ministry of Justice have the
authority to cancel a union's registration.
The law does not provide mechanisms to protect workers who join
independent unions from threats or harassment by enterprise management
or state-run unions. Members of independent unions have been dismissed,
transferred to lower paying or lower status jobs, threatened, and
intimidated. According to union leaders, state unions work closely with
management to ensure that independent trade union members are the first
fired in times of economic downturn. In one factory, management
allegedly fostered the creation of a "state union" to challenge an
independent union which had organized the majority of the work force.
A tripartite agreement between labor, management, and the Government was
concluded in May, but has had little success in resolving labor
problems. Within a few months of signing the tripartite agreement,
management representatives no longer attended the meetings of the
tripartite commission.
Unions and individual workers exercised their right to strike in 1995,
primarily in an effort to recover back wages owed to workers. Miners'
strikes in the coal mining region of Karaganda continued throughout the
year.
Many enterprises continued to pay wages in scrip rather than in cash, a
practice at odds with Article 3 of ILO Convention 95 on the protection
of wages other than in the legal currency without the express consent of
the workers. Enterprise directors claimed that the enterprises were not
being paid in cash by their traditional trading partners in other parts
of the former Soviet Union, which were also experiencing cash flow
difficulties as a result of the general economic crisis. The scrip was
often not accepted at stores or was accepted only at devalued levels.
By law, unions may freely join federations or confederations and
affiliate with international bodies. Most independent trade unions in
Kazakstan belong to the Independent Trade Union Center (ITUC)
headquartered in Almaty. The Independent Miners' Federation of
Kazakstan, along with the State Miners' Union of Karaganda, are members
of the Miners' International Federation. The unions belonging to the
ITUC are not members of international federations but do maintain
contacts with European and U.S. trade union federations. Independent
unions were particularly concerned about a provision in the Constitution
which forbids the financing of trade unions by foreign legal entities
and citizens, foreign states, and international organizations.
b. The Right to Organize and Bargain Collectively
There are significant limits on the right to organize and bargain
collectively. Most industry remained state owned and was subject to the
State's production orders. Although collective bargaining rights are
not spelled out in the current law, in some instances unions
successfully negotiated agreements with management. If a union's
demands are not acceptable to management, it may present those demands
to an arbitration commission comprised of management, union officials,
and independent technical experts. There is no legal protection against
antiunion discrimination.
There are no export processing zones. Several free economic zones enjoy
all the privileges of export processing zones, as well as other tax
privileges and abatements, but labor conditions there appear to be no
different than elsewhere in Kazakstan.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor except "at the sentence of the
court or in the conditions of a state of emergency or martial law."
However, some persons were required to provide labor or the use of
privately owned equipment with no, or very low, compensation to help
gather the annual grain harvest.
d. Minimum Age for Employment of Children
The minimum age for employment is 16. A child under age 16 may work
only with the permission of the local administration and the trade union
in the enterprise in which the child would work. Such permission is
rarely granted. Abuse of child labor
is generally not a problem, although child labor is routinely used in
agricultural areas, especially during harvest season.
e. Acceptable Conditions of Work
The official minimum wage was set by the Government at approximately
$5.00 (300 tenge) per month effective in October. It is far from
sufficient to provide a decent living for a worker and family.
The legal maximum workweek is 48 hours, although most enterprises
maintain a 40-hour workweek, with at least a 24-hour rest period. The
Constitution states that labor agreements will stipulate the length of
working time, vacation days, holidays, and paid annual leave for each
worker.
Although the Constitution provides for the right to "safe and hygienic
working conditions," working and safety conditions in the industrial
sector are substandard. Safety consciousness is low. Workers in
factories usually do not wear protective clothing, such as goggles and
hard hats, and work in conditions of poor visibility and ventilation.
Management largely ignores regulations concerning occupational health
and safety, enforceable by the Ministry of Labor and the state-sponsored
unions. Workers, including miners, have no legal right to remove
themselves from dangerous work situations without jeopardy to continued
employment.
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[end of document]
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