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Resolution 1526 (2006)
Situation in Kazakhstan and relations with the Council of Europe
1. The Parliamentary Assembly refers
to its Resolution 1506
(2006) on external relations of the Council of Europe and reiterates
its commitment to promoting democracy, the rule of law and respect
for human rights beyond its current borders, in particular in neighbouring
countries.
2. In this context, it attaches great importance to furthering
democracy in Kazakhstan, which it considers to be one of the pillars
of stability in the Euro-Asian region.
3. The Assembly notes that, since its independence in 1991, Kazakhstan
has achieved progress in building institutions of modern and functional
genuine democracy. It welcomes the commitment to developing and strengthening
democracy repeatedly stated by the political leadership of Kazakhstan.
4. The Assembly particularly welcomes the moratorium on the execution
of the death penalty enacted by presidential decree in December
2003, and the ratification by Kazakhstan of the International Covenant
on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights of the United Nations.
5. On the other hand, the Assembly is aware of a number of considerable
shortcomings still hindering the democratic process in Kazakhstan,
including difficulties in registering political parties, cases of
criminal prosecution of opposition activists in relation to their
political activity, and political and administrative pressure on
the media supportive of the opposition. It is particularly worried
by the murder, in February 2006, of Altynbek Sarsenbayev, and by
the death under suspicious circumstances in November 2005, of Zamanbek
Nurkadilov, two prominent leaders of the opposition.
6. Furthermore, the Assembly is concerned that the government
and the opposition have so far failed to engage in genuine political
dialogue, which is an essential condition for building a sound and
sustainable political system and for safeguarding and strengthening
the unique inter-ethnic and inter-confessional accord that Kazakhstan
enjoys. The Assembly calls on the political leaders from the government
to show good will in making such dialogue a reality, and is ready
to contribute to it.
7. However, the Assembly is pleased to note that there is a broad
consensus among political forces and the civil society of Kazakhstan
in support of further transformations towards European standards,
and that both the government and the opposition are in favour of
strengthening relations between Kazakhstan and the Council of Europe.
8. Kazakhstan already enjoys observer status with the European
Commission for Democracy through Law (Venice Commission), and has
expressed interest in participating in several Council of Europe
conventions. Moreover, the Parliament of Kazakhstan has been co-operating
with the Assembly since the conclusion of an agreement in April
2004, on the basis of which its members regularly attend the Assembly
sessions. The First Euro-Asian Forum on Migration co-organised by
the Assembly and the Parliament of Kazakhstan in September 2005
in Almaty was a concrete example of co-operation in facing common
challenges.
9. The Assembly believes that this co-operation should be stepped
up in order to provide Kazakhstan with better opportunities to rely
on Council of Europe experience and expertise in the process of
democratic transition, in particular, in the process of future constitutional
reform. Such co-operation must be based on the firm commitment to,
and be focused on achieving progress towards democracy, the rule
of law and respect for human rights, which are the Council of Europe’s
fundamental values.
10. Therefore, the Assembly calls on the authorities of Kazakhstan
to:
10.1. consider the possibility
of becoming party to relevant Council of Europe legal instruments
which are open to non-member states;
10.2. use more actively the experience of, and seek full membership
of, the Venice Commission;
10.3. engage in contacts, and consider opportunities for co-operation
with other Council of Europe bodies and institutions.
11. The Assembly encourages the Senate and the Majilis (lower
chamber) of the Parliament of Kazakhstan to:
11.1. fully explore the possibilities offered by the agreement
on co-operation between the Assembly and the Parliament of Kazakhstan,
and participate more actively in the various activities organised
by the Assembly and its committees;
11.2. play a leading role in promoting co-operation of various
authorities and institutions of Kazakhstan with Council of Europe
organs, bodies and institutions;
11.3. take the lead in promoting political reforms in Kazakhstan
aimed at strengthening democracy, enhancing the rule of law and
guaranteeing respect for human rights and political and civil freedoms, and
review, in co-operation with the Venice Commission and in line with
Council of Europe standards, the legislation concerning:
11.3.1. the administration of elections;
11.3.2. the establishment and the activities of political parties;
11.3.3. the freedom and independence of the media;
11.3.4. freedom of demonstration and association;
11.3.5. the independence of the judiciary;
11.3.6. local self-government;
11.4. take legislative action to achieve the complete abolition
of the death penalty in Kazakhstan;
11.5. initiate political dialogue with opposition political
forces.
12. The Assembly encourages the Ombudsman of the Republic of Kazakhstan
to develop contacts and co-operation with the Council of Europe
Commissioner for Human Rights.
13. For its part, the Assembly is determined to develop co-operation
with the Parliament of Kazakhstan in accordance with the 2004 agreement,
and to contribute to political reforms and dialogue between various political
forces in Kazakhstan.
14. Finally, it stands ready to consider proposals to develop
co-operation between the Council of Europe and Kazakhstan, possibly
on the basis of observer status.