Civil Society in Central Asia

Freedom of Association and the Question of Its Realization in Kazakhstan

Freedom of Association and the Question of Its Realization in Kazakhstan Evgeny A. Zhovtis Translated by Maria Kozhevnikova ~ akhstan is a constitutional republic. According to the constitution ratified by the referendum ofAugust 30, 1995, nearly all power in azakhstan is concentrated within the executive branch, specifically in the authority ofthe president. The powers ofthe president as well as the activity ofthe government cannot be controlled by the society. The legislative and representative branches-the parliament and the local legislatures, or maslikhatsare deprived ofany control functions. The Constitution of 1995 stipulates all the basic rights and freedoms ofan individual, including freedom ofreligion, speech, press and mass media, movement and residence, peaceful assembly and association, etc. Along with these rights and freedoms, the constitution contains a number of clauses limiting individual rights and freedoms. These clauses concern the establishment and activities of voluntary organizations; the propagation of ideas leading to interethnic , social, racial, religious, clans and estate conflicts; and forceful efforts to change the constitutional order or infringe the territorial integrity and national security ofthe Republic ofKazakhstan.1 Individual rights and freedoms are also limited in the clauses on social order and the observation of individual rights and freedoms ofother peoples, constitutional order, and public morality. These limitations correspond with the norms and standards ofintemationallaw on the observation ofhuman rights, but in Kazakhstan such standards are more open to interpretation and regulation by the executive power. Citizens have limited ability to appeal legislative acts which, in their opinion, contradict the individual rights and freedoms stipulated in the constitution, just as they are limited in their power to address grievances to a judicial system directly or indirectly controlled by the executive branch. The new constitution abolished the institution ofthe Constitutional Court and replaced it with a Constitutional Council, open to appeals only from the president , the prime minister, the chairmen ofboth houses ofparliament (the Senate and the Majlis), and only one-fifth ofparliament members. Generally speaking, citizens ofKazakhstan can exercise their right to freedom ofspeech, press, mass media, and religion only to a certain extent. Freedom of association is also limited to a certain degree-especially the right to 57 58 Evgeny Zhovtis establish political parties, but also, significantly, the right to organize peaceful assemblies, meetings, demonstrations, processions, etc.2 In this article we will discuss the problem ofrealizing one ofthe fundamental freedoms-freedom of association-in Kazakhstan. Historical Background to the Problem In order to present the political context in which citizens ofKazakhstan must seek to realize their right to freedom of association, let us make a briefhistorical digre.ssion: The process of democratization in Kazakhstan has had three stages. The fIrst stage lasted from 1991, the year in which Kazakhstan became independent, until the end of 1994. During this period the post-communist elite in Kazakhstan -the president ofKazakhstan is the former fIrst secretary ofthe Communist Party ofK.azakhstan-expressed its wish to enter the international community and present Kazakhstan as a country building a democratic state in the process oftransition to a market economy. The former communist nomenklatura believed that the West would be consistent in its demands for democratization, observation ofhuman rights, an open society, and reform ofa political system in exchange for full membership in the world market and international trade. The economies ofthe post-Soviet republics were in a miserable state and they depended on the technical and fmancial assistance ofthe developed countries and international fmancial institutions. Between 1991 and 1994 there were significant developments in freedom of speech and media in Kazakhstan. A large number ofrelatively independent newspapers, magazines, and TV and radio stations appeared. This period was characterized by a certain permissiveness in regard to peaceful assembly, meetings, and demonstrations. The agenda of such meetings was often restoration ofjustice toward the participants in the December events of 1986, when a number ofyoung Kazaks stood up against the imperial policies ofMoscow. The participants, who had been subjected to a number ofpunitive measures, organized several meetings in 1991-92 demanding democratization and political reform. At the same time a number ofvoluntary organizations, associations, and movements appeared, including the Public Zheltoksan Committee; the Almaty branch ofthe Memorial society; the Adilet (Justice) Society with an agenda of historical education; the Society for Protection ofRights ofthe Victims of Purges; the Helsinki Committee in Almaty; the Human Rights Democratic Committee; the International Human Rights Bureau in Almaty; Azat, a citizen movement which also had characteristics of a political party; the interethnic movement Edinstvo (Unity); plus a number of ethnic cultural centers...