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Kazakhstan - Universal Periodic Review

UPR 34, November 7, 2019
Recommendations by Canada

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Kazakhstan received 194 recommendations, accepting 147 (an acceptance rate of 76%).  Of Canada’s three recommendations, Kazakhstan supported two and noted one. These addressed discrimination against women and on the basis of sexual orientation, human trafficking, judicial independence and court corruption, judicial action against journalists, and on the freedom of religion. 

Kazakhstan has strong multi-ethnic, multi-denominational roots, and is gradually modernising its post-soviet judicial and law enforcement systems, and state service capacity to address emerging domestic issues, nascent democratic and pluralistic goals, and global obligations, but challenges remain to the full enjoyment of rights and freedoms. 

Independent civil society organizations continue to face a difficult legislative and administrative environment through the Law on Public Association. Registration under the law is burdensome and ripe for abuse, as detailed by Human Rights Watch in 2016. Trade unions face the same difficulty, as seen when a court order dissolved the Confederation of Independent Trade Unions for failing to register, despite attempts to do so. Legislative and administrative obstacles endanger freedoms of assembly and speech, with permits to protests denied, evident during and after presidential elections in 2019. De-jure or de-facto means restrict freedom of speech while broadly worded charges are applied wholesale to silence independent voices.

The rights of vulnerable minorities groups are another key challenge for Kazakhstan.  The rights of LGBTI persons are especially at risk. As noted in reports prepared by civil society organizations, there is no anti-discrimination legislation to protect LGBTI individuals, and rare prosecution and punishment of acts of violence stemming from discrimination.

Gender equality faces challenges. The 2009 law guaranteeing equal rights has an incomplete definition of discrimination, and no liability.  Instances of violence against women are common. Many forms of domestic violence were decriminalised in 2017 and punishments are often unenforced.  Women face other legal discrimination - UN Women noted 287 job types are legally prohibited to women. 

Another particularly vulnerable group is that of persons with disabilities.  While legal protections often exist on paper, implementation and appropriate resourcing are largely absent, denying basic rights to health, education and judicial services to children and adults with disabilities.   

Recommendations

Thank you Mr. President.

Canada welcomes the progress made by Kazakhstan since its last UPR appearance through initiatives such as: modernising family courts to ease access for vulnerable women and children; nascent bodies to address allegations of torture and abuse; and trialling structures to curb corruption. These steps are positive, but require renewed leadership to address the underlying challenges posed to the full enjoyment of rights and freedoms in Kazakhstan. 

Canada recommends that Kazakhstan:

1. Amend legislation and regulations to ease the formation, registration, and operation of independent trade unions and civil society organisations, and to protect peaceful public assembly and labour action.
2. Amend existing legislation to prohibit discrimination against women and on the basis of sexual orientation and gender identity, and to improve systems to curb and prosecute violence against women and vulnerable groups, and revoke prohibitions to fields of employment for women. 
3. Improve and implement systems to increase access to education, health and judicial services for disabled children and adults, and their families.

Canada is encouraged that Kazakhstan accepted several of Canada’s recommendations in past UPRs, but notes progress is still needed to address recommendations on the fight against corruption, judicial independence, and to protect against discrimination of women and on the basis of sexual orientation.