IV

107TH CONGRESS

2D SESSION H. CON. RES. 422

Expressing concern about continuing serious violations of human rights and

fundamental freedoms in Kazakhstan, including substantial noncompliance with the Organization for Security and Cooperation in Europe

(OSCE) commitments on human rights and democratization, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 21, 2002

Mr. SMITH of New Jersey submitted the following concurrent resolution;

which was referred to the Committee on International Relations

CONCURRENT RESOLUTION

Expressing concern about continuing serious violations of

human rights and fundamental freedoms in Kazakhstan,

including substantial noncompliance with the Organization for Security and Cooperation in Europe (OSCE)

commitments on human rights and democratization, and

for other purposes.

Whereas Kazakhstan has been a participating state of the

Organization for Security and Cooperation in Europe

(OSCE) since 1992 and has freely accepted all OSCE

commitments, including those concerning human rights,

democracy, and the rule of law;

Whereas Kazakhstan, as an OSCE participating state, has

affirmed that every individual has the right to freedom
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of thought, conscience, religion or belief, expression, association, peaceful assembly, and movement, the right to

freedom from arbitrary arrest, detention, torture, or

other cruel, inhuman, or degrading treatment or punishment, and, if charged with an offense, the right to a fair

and public trial;

Whereas the OSCE participating states have committed

themselves to build, consolidate, and strengthen democracy as the only system of government, and are also obligated to hold free elections at reasonable intervals, to respect the right of citizens to seek political or public office

without discrimination, to respect the right of individuals

and groups to establish in full freedom their own political

parties, and to allow parties and individuals wishing to

participate in the electoral process access to the media on

a nondiscriminatory basis;

Whereas Kazakhstan’s President Nursultan Nazarbaev

pledged, while visiting President Bush on December 21,

2001, to ‘‘strengthen democratic institutions and processes, such as independent media, local government, pluralism, and free and fair elections’’;

Whereas the policies of the Government of Kazakhstan have

imposed restrictions on the activities of opposition parties, have led to the exile of opposition figures and independent journalists, and have resulted in the closure of

independent and opposition media;

Whereas such assaults on basic freedoms have seriously limited the fora in which individuals and groups may address grievances or otherwise participate legally in the

political process;
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Whereas President Nazarbaev dissolved the Parliament of

Kazakhstan in 1993 and again in 1995 when he also annulled scheduled presidential elections and extended his

tenure in office until 2000 through a deeply flawed referendum;

Whereas on January 10, 1999, President Nazarbaev was reelected in preterm presidential elections from which a

leading challenger was excluded for having addressed the

organization ‘‘For Free Elections’’, only because that organization had not registered in accordance with the government’s mandatory registration process, and the OSCE

assessed the elections as falling far short of international

standards;

Whereas Kazakhstan’s October 1999 parliamentary election

fell short of OSCE standards because of widespread interference by government authorities, according to the

OSCE’s Office of Democratic Institutions and Human

Rights (ODIHR);

Whereas the Parliament of Kazakhstan on June 22, 2000,

approved draft legislation that grants President

Nazarbaev powers and privileges for the remainder of his

life that allow him to influence the legislative and judicial

branches of the government;

Whereas 2 Swiss bank accounts of President Nazarbaev and

some accounts of his immediate family members were frozen at the request of the United States Department of

Justice in connection with an ongoing investigation into

corruption and money laundering;

Whereas President Nazarbaev’s family reportedly owns or

controls all major media outlets in Kazakhstan, including

television, radio, and newspapers;
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•HCON 422 IH

Whereas the independent media in Kazakhstan, which have

a history of relative freedom, have been pressured, coopted, or fully silenced, so that only a few underground

outlets for the expression of independent or opposition

views remain, limiting the ability of the press to criticize

or comment on the President’s policies or on high-level

corruption;

Whereas the human rights situation of Kazakh citizens continues to decline, opposition leaders remain in exile, and

independent Kazakh journalists have been physically attacked and their offices firebombed, attacked, or robbed,

most recently on May 21 and May 22, 2002;

Whereas the United States Department of State issued a

statement on May 23, 2002, expressing ‘‘deep concern’’

that the attacks on members of the media and on their

offices ‘‘suggest an effort to intimidate political opposition leaders and the independent media and raise serious

questions about the safety of the independent media in

Kazakhstan’’;

Whereas President Nazarbaev in August 2001 orchestrated a

trial in absentia against his chief political rival, former

Prime Minister Akezhan Kazhegeldin, which the representative of the OSCE Center in Almaty, Kazakhstan,

observed and described as ‘‘political and unfair’’, and

about which the United States Department of State delivered a demarche to the Government of Kazakhstan;

Whereas 2 members of a recently emerged opposition party,

known as the Democratic Choice for Kazakhstan, have

been imprisoned; and

Whereas freedom of religion in Kazakhstan is jeopardized by

Article 375 of the Administrative Code of Kazakhstan,
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which mandates registration of all religious groups and

creates criminal penalties for groups and individual leaders choosing not to comply, and which government authorities have used to justify the imprisonment and beatings of leaders of unregistered religious groups: Now,

therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress—

3 (1) expresses deep concern about the efforts by

4 Kazakhstan’s President Nursultan Nazarbaev to re5 main in power indefinitely and his willingness to ma6 nipulate constitutions, elections, and legislative and

7 judicial systems to do so;

8 (2) urges the President of the United States,

9 the Secretary of State, the Secretary of Defense,

10 and other United States officials to make a more

11 concerted and stronger effort to raise with President

12 Nazarbaev at every opportunity the concern about

13 serious violations of human rights, including non14 compliance with Organization for Security and Co15 operation in Europe (OSCE) commitments on

16 human rights, democracy, and the rule of law;

17 (3) urges President Nazarbaev to bring

18 Kazakhstan into compliance with OSCE commit19 ments on human rights, democracy, and the rule of

20 law, by ensuring the conduct of free and fair elec21 tions at all levels and allowing all citizens to partici-
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1 pate in the political process on an equal basis, with2 out intimidation or fear of reprisal;

3 (4) calls on the Government of Kazakhstan to

4 take every necessary step to make possible the re5 turn of exiled political leaders, most notably former

6 Prime Minister Akezhan Kazhegeldin, as well as

7 other activists and journalists;

8 (5) expresses support for independent organiza9 tions which are qualified to review the Constitution

10 of Kazakhstan and recommend amendments which

11 would protect human rights, democracy, and the rule

12 of law;

13 (6) calls on President Nazarbaev to establish

14 conditions for independent and opposition media to

15 function without constraint, limitation, or fear of

16 harassment; and

17 (7) urges the Voice of America and RFE/RL,

18 Incorporated to expand broadcasting into

19 Kazakhstan, in order to assure that the peoples of

20 the region have access to unbiased news and pro21 grams that support respect for human rights and

22 the establishment of democracy and the rule of law.

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