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Resolution 2193 (2017)
The relations of the Council of Europe with Kazakhstan
1. The Parliamentary Assembly refers
to its Resolution 1506
(2006) on external relations of the Council of Europe
and reiterates its commitment to enhancing the role of the Council
of Europe in promoting democracy, the rule of law and respect for
human rights and fundamental freedoms beyond its borders, in particular
in neighbouring regions, as an essential contribution to security,
stability and development. The partner for democracy status, introduced
by the Assembly in 2009, and the Council of Europe policy towards
its immediate neighbourhood, launched in 2011, both aim to contribute
to this goal.
2. In Resolution 1526
(2006) on the situation in Kazakhstan and its relations
with the Council of Europe, the Assembly recognised the importance
of Kazakhstan as one of the pillars of stability in the Euro-Asian
region and called for co-operation with this country to be stepped
up.
3. The political establishment and society at large in Kazakhstan
see Europe as a reference point in terms of political, legal, institutional
and cultural development. The political leadership of Kazakhstan
has repeatedly stated its commitment to democratic transformation
of the country, and has recently initiated a series of reforms aimed
at strengthening democratic governance. However, the pace of reform
has been slow, the political system remains highly centralised,
democratic culture has yet to take root among citizens and dialogue between
civil society and the authorities is at a very early stage.
4. The United Nations Human Rights Committee, in its second periodic
report under the International Covenant on Civil and Political Rights
(August 2016), identified a number of matters of concern, including
with regard to equality and non-discrimination, violence against
women, torture and ill-treatment, treatment of prisoners, independence
of the judiciary and the right to a fair trial, freedom of conscience
and religious belief, freedom of expression, the right to peaceful
assembly, freedom of association and participation in public life.
5. On the international scene, Kazakhstan must be praised for
its positive contribution to dealing with major international problems
such as the nuclear programme of Iran and the crisis in Syria. The
country is also a leading actor in addressing challenges faced by
Central Asia, including terrorism, drug trafficking and security issues
related to the situation in Afghanistan.
6. The Assembly recalls that, since 1997, Kazakhstan has shown
interest in co-operating with the Council of Europe, which it sees
as an entry gate to the European political, legal and cultural space.
It welcomes the fact that, in line with its Resolution 1526 (2006), co-operation
between the Council of Europe and Kazakhstan has intensified in
recent years, even though the dynamics have suffered from bureaucratic
obstacles.
7. In particular, the Assembly appreciates the fact that Kazakhstan
is party to several Council of Europe conventions, and has requested
to accede to a number of other instruments, including in the fields
of criminal justice and the fight against corruption. Kazakhstan
has co-operated with the Council of Europe’s European Commission
for Democracy through Law (Venice Commission) since 1998 and became
a full member in 2011. It is also in the process of joining the
Group of States against Corruption (GRECO).
8. The Assembly welcomes enhanced and structured co-operation
under the Neighbourhood Co-operation Priorities for Kazakhstan –
Co-operation Activities on Council of Europe Conventions in Criminal
Matters 2014-2015 programme, which aims to bring Kazakhstan’s legal
framework, the functioning of the justice system and institutional
practice regarding international co-operation in criminal matters
into line with European standards and best practice. Even if limited
in scope at the request of Kazakhstan authorities, this programme
seeks to address Kazakhstan’s real needs, and to create appropriate
conditions for Kazakhstan’s accession to Council of Europe legal
instruments for which the country has repeatedly expressed interest.
9. In the context of the implementation of the “Neighbourhood
co-operation priorities for Kazakhstan”, the Assembly particularly
welcomes the activities carried out under the joint Council of Europe–European
Union Support to the Kazakh Authorities in Improving the Quality
and Efficiency of the Kazakh Justice System programme, which has
been extended until July 2018.
10. The Assembly believes that the Council of Europe should further
enhance and broaden co-operation with Kazakhstan with a view to
encouraging and assisting it on the path of transformation towards
democratic governance based on the rule of law and respect for human
rights.
11. The Assembly encourages Kazakhstan to explore and use Council
of Europe experience and expertise in the process of reforms. It
calls on the authorities of Kazakhstan to:
11.1. consider the possibility of broadening Kazakhstan’s participation
in the European legal space, and acceding to relevant Council of
Europe conventions which are open to non-member States;
11.2. use more actively the possibilities offered by Kazakhstan’s
membership in the Venice Commission, and in particular take advantage
of its experience in electoral matters;
11.3. complete internal procedures for becoming a member of
GRECO;
11.4. consider becoming a member of other Council of Europe
partial agreements such as the Co-operation Group to Combat Drug
Abuse and Illicit Trafficking in Drugs (Pompidou Group) and the Enlarged
Partial Agreement on Sport (EPAS).
12. The Assembly encourages the authorities of Kazakhstan and
the Council of Europe, in co-ordination with the European Union
where appropriate, to:
12.1. build
on the experience of implementing the “Neighbourhood co-operation
priorities for Kazakhstan”, and to design comprehensive follow-up
to these activities in such a way that it covers key areas of reforms
in Kazakhstan where the Council of Europe can make a meaningful
contribution;
12.2. consider expanding the current co-operation framework
and completing it with regular political dialogue.
13. The Assembly encourages the Ombudsman of the Republic of Kazakhstan
to further develop contacts and co-operation with the relevant Council
of Europe bodies, including the Commissioner for Human Rights.
14. The Assembly invites the Committee of Ministers and the member
States of the Council of Europe to reconsider, in the light of the
results of the implementation of the “Neighbourhood co-operation
priorities for Kazakhstan” and other co-operation activities, their
position on Kazakhstan’s accession to Council of Europe legal instruments
in the fields of criminal justice and the fight against corruption.
15. The Assembly urges Kazakhstan to fully comply with its commitments
under the International Covenant on Civil and Political Rights,
to continue co-operation with United Nations human rights mechanisms,
and to address without delay all matters of concern referred to
in the United Nations Human Rights Committee’s second periodic report
of Kazakhstan.
16. The Assembly encourages the Senate and the Majilis of the
Parliament of Kazakhstan to fully use the possibilities offered
by the 2004 agreement on co-operation between the Assembly and the
Parliament of Kazakhstan – whose primary aim is to establish a political
dialogue between the two institutions – and to participate more
actively in the various activities organised by the Assembly and
its committees.