Monthly Archives: April 2006

06ASTANA38, KAZAKHSTAN: AMBASSADOR DISCUSSES AIG AND TIP WITH JUSTICE

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Reference ID Created Released Classification Origin
06ASTANA38 2006-04-24 03:36 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Astana

VZCZCXRO1728
PP RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHAST #0038/01 1140336
ZNR UUUUU ZZH
P 240336Z APR 06
FM USOFFICE ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 0116
INFO RUEHTA/AMEMBASSY ALMATY PRIORITY 0108
RUCNCIS/CIS COLLECTIVE
RUEHBUL/AMEMBASSY KABUL 0024
RUEHVEN/USMISSION USOSCE 0048
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEHAST/USOFFICE ASTANA 0118

UNCLAS SECTION 01 OF 02 ASTANA 000038 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
(C. KUCHTA-HELBLING) AND DRL/CRA (E. RAMBORGER) 
USDOC FOR DAS STEWART, CENTRAL ASIA DESK OFFICER DSTARKS 
USDOC FOR 3150/USCS/OIO/CEENIS/MCOSTA 
USDOC FOR 3133/USCS/OIO/EUR/RD/TBREIDENSTINE 
 
E.O. 12958: N/A 
TAGS: EFIN KCRM KDEM PGOV PREL SMIG KZ
SUBJECT: KAZAKHSTAN: AMBASSADOR DISCUSSES AIG AND TIP WITH JUSTICE 
MINISTER 
 
REF: A) ALMATY 1450, B) ASTANA 33, C) ASTANA 5 
 
ASTANA 00000038  001.2 OF 002 
 
 
1.  (SBU) SUMMARY:  The Ambassador met with Minister of Justice 
Zagipa Baliyeva on April 18 in Astana.  Baliyeva announced that 
she had signed the AIG settlement agreement that afternoon and 
the Ministry of Finance was expected to arrange payment shortly. 
 The Ambassador raised concerns about statistics produced by the 
Ministry of Justice (MOJ) for the Trafficking in Persons (TIP) 
Report.  Baliyeva acknowledged some problems, while highlighting 
progress over the past year and plans to address weaknesses in 
anti-TIP efforts.  Also attending the meeting was Timur 
Isabekov, the new Head of the Department of International 
Relations, who previously worked on resolution of the AIG case. 
End Summary. 
 
AIG: SIGNED AT LAST 
 
------------------- 
 
2.  (SBU) Baliyeva opened the meeting by announcing that she had 
signed the AIG settlement agreement hours earlier, that very 
afternoon.  Clearly relieved that the matter was settled, 
Baliyeva raised a "toast" to the occasion with mineral water. 
The Ministry of Finance is expected to arrange payment of the 
settlement without delay (see Ref A). 
 
ANTI-TRAFFICKING: PROGRESS AND AREAS FOR IMPROVEMENT 
 
--------------------------------------------- -------- 
 
3.  (SBU) Turning to TIP, Baliyeva proudly pointed to 
Kazakhstan's progress in combating trafficking in persons over 
the past year, including March passage of TIP amendments (Ref B) 
and the April 10 adoption of the 2006 - 2008 National Plan of 
Action to Combat TIP ("National Plan").  Since her February 
meeting with the Ambassador (Ref C), Baliyeva has ordered 
monthly meetings of the TIP interagency working group, which she 
invited Poloff to attend.  She noted that the MOJ was expanding 
distribution of its TIP education and prevention booklet (Ref C) 
to grade schools and to international airports and train 
stations within Kazakhstan. 
 
4.  (SBU) The Ambassador commended Baliyeva on these 
achievements, but noted that the number of prosecutions for TIP 
in 2005 was low, and the GOK had had a difficult time providing 
statistics Post requested.  While praising the hard work done by 
police and prosecutors in combating TIP crimes, Baliyeva 
acknowledged the problem and promised to raise the issue at a 
meeting of the TIP commission and come up with recommendations 
to appropriate agencies on how to improve.  She pointed to two 
legislative changes that would improve the GOK's law enforcement 
response to TIP: the March TIP Amendments and the proposed 
national program of legal development, currently being discussed 
at the interagency level, which creates a stronger role for 
defense lawyers in the judiciary process.  Investigators, 
Baliyeva believed, would have to sharpen evidence collection 
skills to bring successful convictions in all criminal cases. 
 
5. (SBU) Ambassador Ordway noted the increasing international 
attention devoted to combating TIP, an area where the U.S. has 
long had an interest.  He mentioned the upcoming May 18-19 OSCE 
regional anti-trafficking conference in Astana, which will put 
Kazakhstan in the spotlight, giving the GOK a chance to show how 
far it has come.  Baliyeva said that she would be attending the 
conference and planned to make a presentation. 
 
LEGISLATIVE INITIATIVES 
 
----------------------- 
 
6. (SBU) The MOJ, which acts as a legal think tank, is the 
principal drafter of civil and administrative legislation within 
the government.  Baliyeva mentioned three working groups that 
are currently working on a significant body of amendments to the 
civil and administrative codes, and to several statutes.  She 
noted that a fourth working group under the Procurator General's 
Office is working on reforms to the Criminal and Criminal 
Procedure codes. (Note: No further information was given as to 
the subject matter of the proposed amendments.  End note.) 
 
PENAL REFORM AND ALTERNATIVE SENTENCING 
 
--------------------------------------- 
 
ASTANA 00000038  002.2 OF 002 
 
 
 
7. (SBU) Baliyeva turned next to prison supervision issues. 
Over the past few years, Kazakhstan has reduced prison 
populations by decriminalizing certain minor offenses, by 
developing a system of alternative punishments, and by granting 
amnesty for certain crimes.  (Note: President Nazarbayev 
announced a large scale amnesty for the New Year, which is &#x000A
;currently being implemented.  End note.)  With OSCE technical 
assistance, the MOJ is working on wider implementation of 
probation as an alternate sentence. Baliyeva estimated that 
44,000 prisoners are currently in the system, but she expects 
that 2,000 will be released under the amnesty, bringing 
Kazakhstan to 35th place worldwide in terms of number of 
prisoners.  Successful implementation of probation and other 
elements of the national legal program would result in further 
reduction of the number of prisoners. 
 
8. (SBU) Besides reducing the prison population, the MOJ plans 
to reduce overcrowding by building eight new low- security men's 
prisons, each housing 300 prisoners.  The new prisons will meet 
international standards, and will have libraries, gyms, and 
visitors' rooms.  Future programs will improve conditions in 
women's prisons and juvenile detention facilities.  Baliyeva was 
proud to announce that she reached an MOJ agreement with the 
Education Ministry to open a separate department at law 
institutes to train specialists to work with prisoners and 
prison staff. 
TRACY

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06ASTANA34, KAZAKHSTAN: ALGA LOSES SUIT AGAINST MOJ, PLANS APPEAL

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Reference ID Created Released Classification Origin
06ASTANA34 2006-04-21 04:51 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Astana

VZCZCXRO0101
PP RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHAST #0034 1110451
ZNR UUUUU ZZH
P 210451Z APR 06
FM USOFFICE ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 0109
INFO RUEHTA/AMEMBASSY ALMATY PRIORITY 0103
RUCNCIS/CIS COLLECTIVE
RUEHBUL/AMEMBASSY KABUL 0021
RUEHVEN/USMISSION USOSCE 0047
RUEHAST/USOFFICE ASTANA 0111

UNCLAS ASTANA 000034 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR SCA/CEN (J. MUDGE) AND DRL/PHD (C. KUCHTA-HELBLING) 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV PREL KZ
SUBJECT: KAZAKHSTAN: ALGA LOSES SUIT AGAINST MOJ, PLANS APPEAL 
 
 
1.  (SBU) SUMMARY:  On April 20, the Astana city court ruled 
against opposition movement Alga's lawsuit to overturn a 
decision by the Ministry of Justice (MOJ) denying Alga's 
registration as a political party.  Alga had claimed that the 
MOJ had erred in disqualifying at least a third of the 
signatures in Alga's registration petition.  Alga plans to file 
an appeal of the decision to the Supreme Court.  END SUMMARY. 
 
2. (U) On July 23, 2005, Alga, an opposition movement comprised 
largely of one faction of the disbanded Democratic Choice of 
Kazakhstan (DCK) party, held a formal meeting to propose 
founding a new party.  Alga filed required registration 
paperwork with the MOJ on September 22, 2005.  Alga included a 
list of 62,178 founding members, above the minimum statutory 
requirement of 50,000.  Under the law, the MOJ has 30 days to 
review political party applications and to announce a decision. 
On October 22, the MOJ suspended the Alga registration process 
on the grounds that more time was needed to check names 
submitted for the party list.  In response, Alga filed a lawsuit 
claiming that this suspension was a politically-motivated, 
illegal extension of the registration deadline.  The MOJ 
continued with namechecks while the suit was pending, eventually 
determining that at least 20,000 of the names submitted were 
ineligible.  (Note: While press reports put the number at 
20,000, Alga representatives claim 30,000 signatures were at 
issue. End note.)  The MOJ notified Alga on February 20 that its 
registration was denied for insufficient number of founding 
members. 
 
3. (U) The Astana city court sided with Alga in its April 11 
preliminary determination that the MOJ had insufficient evidence 
for disqualification for the majority of rejected names.  Of the 
contested signatures, the MOJ was only able to prove that 400 
were improper.  The MOJ withdrew the materials that it had 
provided to the court to contest the bulk of the signatures. 
Based on this ruling, many observers believed that Alga would be 
registered as having met legal requirements in its September 
2005 filing.  However, the court's verdict, announced April 20, 
upheld the legality of the MOJ registration committee's denial 
of Alga's registration application. 
 
4. (SBU) Under the law, Alga has 15 days to appeal this ruling 
to the Supreme Court.  Alga's Astana representative Mauken 
Omarov indicated to Post's political assistant that the party 
planned to appeal the decision.  Post has requested a copy of 
the decision for review. 
 
5. (SBU) COMMENT: While seen as a negative development by Alga 
leaders, the April 20 ruling does not necessarily mean that Alga 
will not ultimately be registered.  The court determined that 
the MOJ's initial denial was not illegal.  Presumably, however, 
if Alga resubmits its application with sufficient signatures, 
the MOJ would not be obligated by the ruling to deny the 
application.  END COMMENT. 
 
TRACY

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06ASTANA33, AMBASSADOR AND MINISTER OF INTERNAL AFFAIRS DISCUSS UPCOMING

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Reference ID Created Released Classification Origin
06ASTANA33 2006-04-19 13:31 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Astana

VZCZCXRO7821
PP RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHAST #0033/01 1091331
ZNR UUUUU ZZH
P 191331Z APR 06
FM USOFFICE ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 0107
INFO RUEHTA/AMEMBASSY ALMATY PRIORITY 0101
RUCNCIS/CIS COLLECTIVE
RUEHBUL/AMEMBASSY KABUL 0019
RUEHVEN/USMISSION USOSCE 0045
RUEHAST/USOFFICE ASTANA 0109

UNCLAS SECTION 01 OF 02 ASTANA 000033 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR SCA/CEN (J. MUDGE), INL (M. MCCOWAN) AND G/TIP 
(M. HALL) 
 
E.O. 12958: N/A 
TAGS: KCRM KDEM PGOV PREL SMIG SNAR KZ
SUBJECT: AMBASSADOR AND MINISTER OF INTERNAL AFFAIRS DISCUSS UPCOMING 
VISIT AND BILATERAL COOPERATION 
 
 
ASTANA 00000033  001.2 OF 002 
 
 
1.  (SBU) SUMMARY:  On April 18, Ambassador Ordway met with 
Minister of Internal Affairs Baurzhan Mukhamedzhanov to discuss 
the early May VIP visit and progress on bilateral 
counter-narcotics, anti-trafficking in persons, and security 
cooperation.  Vice Minister of Internal Affairs Alek Shpekbayev 
also attended the meeting. End Summary. 
 
PREPARING FOR VIP VISIT 
 
----------------------- 
 
2.  (SBU) The Ambassador expressed appreciation for the Ministry 
of Internal Affairs' (MVD) support of previous VIP visits and 
looked forward to the MVD's cooperation and support for the 
upcoming VIP visit.  Minister Mukhamedzhanov assured the 
Ambassador that all agencies concerned are preparing for the 
upcoming VIP visit and the highest level of security would be 
provided for the party. 
 
CARICC AND COUNTER-NARCOTICS COOPERATION 
 
---------------------------------------- 
 
3.  (SBU) Mukhamedzhanov confirmed that the Central Asia 
Regional Information Coordination Center (CARICC), an 
intergovernmental anti-narcotics center, will be located in 
Almaty and will likely be headed by a Kazakhstani.  The center 
is joint initiative of the signatories to a May 1996 the United 
Nations Office on Drugs and Crime (UNODC) cooperation 
memorandum, ratified by all five Central Asian countries. 
Russia and Azerbaijan joined the group at a later date. 
Kazakhstan lobbied successfully for CARICC to be located in 
Almaty, the base for many regional offices of international 
organizations.  While a director has not been chosen, 
Mukhamedzhanov indicated that the ideal candidate to lead CARICC 
would combine law enforcement expertise with the skills of a 
diplomat.  Mukhamedzhanov commented his choice would be Anatoliy 
Vyborov, currently chairman of the MVD anti-narcotics committee. 
 
4.  (SBU) According to Mukhamedzhanov, drugs are an increasing 
problem for Kazakhstan and other countries in the region.  The 
most common corridor for narcotics trafficking, especially 
heroin, runs from Afghanistan via Uzbekistan, Tajikistan and 
Kazakhstan on to Russia and Western Europe. However, other 
routes are becoming popular: via Iran, over the Caspian Sea, and 
through Turkey into Central Asia and beyond.   Mukhamedzhanov 
expressed concern about reports that the volume of heroin 
production in Afghanistan has increased, which would be expected 
to increase trafficking through Kazakhstan.  He estimated that 
hundreds of kilograms of heroin are trafficked via Kazakhstan 
every day.  Although he did not give statistics, Mukhamedzhanov 
lamented that only a small portion of this contraband is seized. 
 He indicated that he consistently raised anti-narcotics 
concerns to President Nazarbayev. (Note:  Official statistics 
show that only 160 kilograms of heroin were seized in 2005. End 
Note) 
 
ANTI-TRAFFICKING: INVESTIGATIONS, STATISTICS AND TRAINING 
 
--------------------------------------------- ------------ 
 
5.  (SBU) Turning to anti-trafficking efforts, Ambassador Ordway 
expressed dismay that law enforcement and prosecution numbers 
were down over the past year.  He noted difficulties this year 
in obtaining precise statistics related to trafficking in 
persons (TIP).  Mukhamedzhanov acknowledged that TIP was a 
serious problem, which Kazakhstan had taken steps to address 
over the last five years.  According to Mukhamedzhanov, the MVD 
noted an increase in cases of women trafficked from Uzbekistan 
to Kazakhstan for sexual exploitation.  In Southern Kazakhstan, 
the MVD had evidence that organized crime syndicates were 
facilitating this type of trafficking.  He noted that smaller 
numbers of women are trafficked from Kyrgyzstan and Tajikistan 
for the same purpose.  Kazakhstani women are also trafficked 
abroad, often to "Arab countries." 
 
6.  (SBU) According to Mukhamedzhanov, in 2006, seven criminal 
investigations were begun on trafficking of persons from 
Kazakhstan abroad, nearly matching the nine cases for all of 
2005.  Legislative amendments enacted in March, he said, 
significantly toughen and expand criminal liability for 
trafficking crimes. 
 
7.  (SBU) The Ambassador mentioned that during his March visit 
to Karaganda, he had an opportunity to visit the MVD Academy, 
 
ASTANA 00000033  002.2 OF 002 
 
 
which is proposing to open an anti-TIP training center with some 
USG assistance.  Mukhamedzhanov reiterated his personal 
commitment to seeing the project through. 
 
UPCOMING A/S PATTERSON VISIT 
 
--------------------------
-- 
 
8.  (SBU) Finally, the Ambassador informed Mukhamedzhanov of the 
upcoming visit to Astana of Assistant Secretary for 
International Narcotics and Law Enforcement Affairs Anne 
Patterson.  Minister Mukhamedzhanov welcomed this visit and 
promised to come up with proposals for a future U.S.-KZ workshop 
or roundtable where Kazakhstan's counter-narcotics strategy 
could be discussed.  The Minister lamented the Soviet-era 
training of senior law enforcement personnel which had left them 
woefully unprepared for transnational crime issues. 
TRACY

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06ASTANA32, KAZAKHSTAN ENACTS LONG-AWAITED ANTI-TRAFFICKING AMENDMENTS

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Reference ID Created Released Classification Origin
06ASTANA32 2006-04-19 05:30 2011-08-30 01:44 UNCLASSIFIED Embassy Astana

VZCZCXRO7221
PP RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHAST #0032/01 1090530
ZNR UUUUU ZZH
P 190530Z APR 06
FM USOFFICE ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 0104
INFO RUEHTA/AMEMBASSY ALMATY PRIORITY 0098
RUCNCIS/CIS COLLECTIVE
RUEHBUL/AMEMBASSY KABUL 0016
RUEHVEN/USMISSION USOSCE 0042
RUEHNE/AMEMBASSY NEW DELHI 0004
RUEHIL/AMEMBASSY ISLAMABAD 0005
RUEHAST/USOFFICE ASTANA 0106

UNCLAS SECTION 01 OF 03 ASTANA 000032 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR G/TIP(MHALL), SCA/CEN(JMUDGE), INL, DRL, AND PRM 
PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: ASEC ELAB KCRM KFRD KWMN PHUM PREL PREF PGOV
SMIG, KZ 
SUBJECT: KAZAKHSTAN ENACTS LONG-AWAITED ANTI-TRAFFICKING AMENDMENTS 
 
ASTANA 00000032  001.2 OF 003 
 
 
1.  On March 2, President Nazarbayev signed into law a 
comprehensive set of anti-Trafficking in Persons amendments 
("TIP amendments") drafted by an inclusive interagency 
anti-trafficking Working Group.  The TIP amendments strengthen 
anti-trafficking provisions within the criminal code, the code 
of criminal procedure, the administrative code, and a 
presidential decree.  Drafted through a transparent interagency 
process that included non-governmental stakeholders, the TIP 
amendments were the key achievement under the 2003-2005 National 
Plan of Action against Trafficking in Persons (2003-2005 
"National Plan"), and will provide a solid legal basis for 
additional progress under the 2006-2008 National Plan. 
 
 
 
BACKGROUND 
 
------- 
 
2.  The TIP Amendments enacted on March 2 represent the 
culmination of a process that lasted more than two years. 
Starting in 2004, the Ministry of Justice has led an interagency 
working group focused on addressing problems related to 
trafficking in persons, as prioritized by the National Plan of 
Action for 2003-2005 and its successor.  The working group 
includes representatives of the Ministries of Internal Affairs 
(MVD); Foreign Affairs (MFA); Labor and Social Welfare(MOL); 
Education and Science(MOES); and Culture, Information and Sports 
(MCIS).  Also represented are the National Security Committee 
(KNB), which supervises the Border Guards; the office of the 
Procurator General (PGO); and the National Commission on Family 
and Women.  All of these ministries and agencies have 
responsibilities for combating trafficking.  The OSCE center in 
Almaty and from the International Organization for Migration 
(IOM) contributed expert advice on international laws and 
standards.  NGOs were represented by the Kazakhstan 
International Bureau of Human Rights (KIBHR), a national legal 
network, and from the Union of Crisis Centers, an IOM-affiliated 
network of TIP NGOs.  Post was invited to observe each meeting. 
Though the drafting process was at times slow, it was thorough. 
The resulting amendments will improve dramatically the legal 
basis for prosecutions, and additional provisions will improve 
protection for foreign victims and help prevent Kazakhstanis 
from being trafficked abroad. 
 
 
 
SPECIFIC PROVISIONS 
 
------------------- 
 
3.  The amendments affect six articles in the Criminal Code: 
article 113 (organ and tissue harvesting); article 125 
(kidnapping); article 126 (illegal restriction of freedom, 
constructive kidnapping); article 128 (trafficking in persons, 
recruitment for exploitation); article 133 (trafficking of 
under-aged persons); and article 175-1 (illegal harvest of 
organs or tissue of a human corpse), which was expanded by new 
article 275-1.  Non-substantive amendments to the code of 
criminal procedure integrated these changes into the criminal 
code.  Article 56, a new Administrative Code provision, provides 
for protection of TIP victims from deportation.  An amendment to 
Article 394 excludes TIP victims from penalties for illegal 
immigrants.  Additional changes to the Administrative Code 
integrate substantive amendments into existing implementation 
provisions.  A final amendment applies to the presidential 
decree, "On the legal status of foreign citizen in the Republic 
of Kazakhstan."  The most significant changes are discussed below 
 
 
 
4.  Criminal Code definitions:  New definitions added to 
criminal code articles 125, 126, 128, and 133 clarify that 
illegal "exploitation" includes not only sexual exploitation, 
but also forced labor exploitation, and any actions consistent 
with forcing human slavery or bondage.  An amendment to Article 
126 also adds language to include as victims of constructive 
kidnapping (i.e. forcible confinement) those held due to 
involuntary financial or other dependence.  Although Articles 
125 and 126 are not strictly trafficking provisions as defined 
by the U.S. Trafficking Victims Protection Act (TVPA), they 
provide law enforcement and procurators with additional criminal 
charges that would apply to most trafficking scenarios. 
 
 
ASTANA 00000032  002.2 OF 003 
 
 
 
 
5.  Criminal Code Articles 128 and 133:  Article 128 was amended 
to remove the heavily-criticized "deception" provision that 
previously required that a victim be unaware of the type of work 
he or she was going to do; in practice, many victims were aware 
of the type of labor they would undertake, but not the 

involuntary bondage nature of their relationship with the 
trafficker.  (Note:  Because Article 133 applies to minors, the 
deception provision was not a factor.  End note.)  Both articles 
were amended to expand the actions that constitute trafficking 
to include not only recruitment of victims, but also sale of, 
purchase of, transportation of, and transfer of victims.  Any 
act facilitating trafficking by hiding or providing shelter for 
victims, or undertaking any other commercial transaction that 
contributes to exploitation, were also prohibited.  Subsection 2 
of both articles lists aggravating circumstances for sentencing: 
conspiracy related to trafficking (other than by organized crime 
syndicates); repeated offenses; the use or threat of deadly 
force against a victim; the use of weapons against victims; 
trafficking of a pregnant victim; trafficking of multiple 
victims; deception of the victim or abuse of trust; abuse of 
official position to traffic victims; abuse of the victim's 
financial or other dependence on the trafficker to maintain the 
victim's compliance.  Absent aggravating circumstances, each 
charge under article 128 is punishable by up to five years' 
imprisonment.  With aggravation, sentences under Article 128 
range from five to seven years per count.  Under Article 133, 
where a victim is a minor, each charge is subject to five to 
seven years' imprisonment, or seven to ten year's sentence with 
aggravating circumstances. 
 
 
 
6.  Articles 128 and 133, continued:  A third subsection of both 
articles provides for more serious charges for international 
trafficking.  Each instance of trafficking victims into, 
through, or out of Kazakhstan would face a seven to ten year 
sentence under Article 128.  International trafficking of minors 
would be subject to a ten to twelve year sentence under Article 
133.  Finally, Subsection 4 specifies that any trafficking case 
where a victim dies from negligence or faces other "grave 
consequences" resulting from having been trafficked, or where a 
trafficking case involves an organized crime syndicate, would be 
subject to seven to fifteen years' imprisonment.  The same 
circumstances would bring a twelve to fifteen year sentence 
under Article 133. 
 
 
 
7.  Administrative Code - Preventing trafficking: An amendment 
to Article 399 prohibits the use of deceptive advertising to 
recruit citizens of Kazakhstan to work abroad. The amendment 
applies equally to false statements and to withholding of 
material information. 
 
 
 
8.  Administrative Code and Presidential Decree- Protections for 
foreign victims:  Article 56, a new section drafted with 
significant feedback from procurators and nongovernmental 
stakeholders, provides for immediate suspension of deportation 
proceedings where a potential deportee alleges that he or she 
has been the victim of a serious crime, including trafficking 
crimes.  Deportation proceedings will not proceed until criminal 
investigations and prosecutions are completed.  Under a related 
amendment to Article 396, trafficking victims are exempted from 
definitions of illegal immigrants.  Accordingly, the 
presidential decree, "On the legal status of foreign citizens" 
was amended to classify foreign victims of trafficking as 
protected under the law and to accord them special temporary 
residence rights. 
 
 
 
9.  COMMENT: Although the TIP amendments as enacted do not 
include all the recommendations of the stakeholders, the key 
provisions remain.  The TIP Amendments are significant not only 
because of the potential for improved government action to 
combat trafficking, but also because it is an unusual example of 
a successful, transparent interagency process.  Government 
restructuring in the run-up to the December 2005 presidential 
elections resulted in changes in key personnel working on TIP in 
the Ministries of Justice and Internal Affairs, as well as the 
 
ASTANA 00000032  003.2 OF 003 
 
 
Procurator General's Office.  (Note: With unfortunate timing, 
the leadership of IOM Almaty changed over as well- the office is 
currently operating with an acting director. End note.)  Now 
that post-election changes have settled into place, passage of 
the TIP amendments represents an opportunity to re-energize the 
member agencies.  Post is promoting these efforts at the highest 
levels.  END COMMENT 
TRACY

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06ASTANA30, KAZAKHSTAN: UNHRC DEMARCHE DELIVERED

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Reference ID Created Released Classification Origin
06ASTANA30 2006-04-15 10:39 2011-08-30 01:44 UNCLASSIFIED Embassy Astana

VZCZCXRO4251
PP RUEHAST
DE RUEHAST #0030 1051039
ZNR UUUUU ZZH
P 151039Z APR 06
FM USOFFICE ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 0102
INFO RUCNDT/USMISSION USUN NEW YORK PRIORITY 0008
RUEHTA/AMEMBASSY ALMATY PRIORITY 0096
RUEHAST/USOFFICE ASTANA 0104

UNCLAS ASTANA 000030 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR SCA/CEN (J. MUDGE) 
 
E.O. 12958: N/A 
TAGS: KUNR PHUM PREL UNGA KZ
SUBJECT: KAZAKHSTAN: UNHRC DEMARCHE DELIVERED 
 
REF: STATE 55461 
 
1. Poloff delivered reftel demarche on April 11 to Almabek 
Demessinov, Head of the UN Section, Department of International 
Organizations and Security Issues of the Ministry of Foreign 
Affairs.  Demessinov received the demarche, making note of the 
countries listed as not meeting acceptable human rights 
standards. 
 
2. Poloff noted that a related demarche would be delivered at 
the highest levels.  Mr. Demessinov said that he would pass the 
information up his chain of command. 
 
TRACY

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06ASTANA29, KAZAKHSTAN: NAZARBAYEV OUTLINES PLAN TO MAKE KAZAKHSTAN ONE

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Reference ID Created Released Classification Origin
06ASTANA29 2006-04-13 07:02 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Astana

VZCZCXRO1934
PP RUEHAST RUEHDBU
DE RUEHAST #0029/01 1030702
ZNR UUUUU ZZH
P 130702Z APR 06
FM USOFFICE ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 0099
INFO RUEHTA/AMEMBASSY ALMATY PRIORITY 0093
RUEHAH/AMEMBASSY ASHGABAT 0014
RUEHEK/AMEMBASSY BISHKEK 0016
RUEHDBU/AMEMBASSY DUSHANBE 0018
RUEHBUL/AMEMBASSY KABUL 0013
RUEHNT/AMEMBASSY TASHKENT 0014
RUEHMO/AMEMBASSY MOSCOW 0015
RUEHVEN/USMISSION USOSCE 0039
RUEHAST/USOFFICE ASTANA 0101

UNCLAS SECTION 01 OF 03 ASTANA 000029 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR SCA/CEN (J. MUDGE) 
USOSCE FOR D. BROWN AND J. DUNLOP 
 
E.O. 12958: N/A 
TAGS: ECIN EINV ENRG KDEM PGOV PHUM PREL OSCE PINR
WTRO, KZ 
SUBJECT: KAZAKHSTAN: NAZARBAYEV OUTLINES PLAN TO MAKE KAZAKHSTAN ONE 
OF WORLD'S 50 MOST COMPETITIVE COUNTRIES 
 
REF: ALMATY 1095 
 
1. (U) Summary: In his annual state of the nation address 
delivered on March 1, President Nazarbayev presented his 
"Strategy for Kazakhstan's being among - the world's 50 most 
competitive countries."  In his introductory statement, he spoke 
of the key components of his vision: the market economy, the 
social safety net, a democratic society, national security, and 
international relations.  While Nazarbayev's speech touched upon 
all of these issues, his focus was clearly on economic 
modernization.  End summary. 
 
 
 
The Market Economy 
 
------------------ 
 
 
 
2. (U) President Nazarbayev stressed diversification of the 
economy, calling for realization of "breakthrough projects" and 
achieving world market competitiveness in selected "niches."  He 
strongly endorsed extending government support and credit 
assistance to stimulate imports of high-tech equipment and 
exports of goods other than raw materials.  Noting that such 
exports have remained at the level of $2 bn. for almost a 
decade, Nazarbayev called it "necessary" to achieve an increase. 
 At the same time, he promised to continue to maintain 
"transparency and stability in conditions of cooperation with 
multinational corporations" in the natural resource sector.  In 
regard to energy, Nazarbayev said the focus "must now be on 
diversifying and ensuring stable channels for supply of 
Kazakhstan's energy resources to the world markets." 
 
 
 
3. (U) A key aspect of President Nazarbayev's economic program 
is Kazakhstan's integration into the world economy.  "We must be 
prepared for intense competition and use it to our advantage," 
he declared.  Nazarbayev expressed support for Kazakhstan's 
active participation in various economic organizations and for 
WTO accession, which "is going at full speed."  He called for 
the development of a commercial high-tech sector, an effort in 
which the Innovation Fund would play a key role.  (Note:  The 
state-owned National Innovation Fund was established in May 2003 
to encourage economic diversification and industrial-innovative 
development.  End note.)  This, Nazarbayev said, would enable 
Kazakhstan to acquire intellectual property ownership. 
Consequently, he continued, Kazakhstan needs to improve 
protection of copyrights and trademarks by strengthening 
criminal and administrative measures against infringement and 
implementing "a broad-based public campaign aimed at building 
intolerance to pirated goods." 
 
 
 
4. (U) President Nazarbayev also addressed the issue of 
infrastructure, saying that "the major task for Kazakhstan's 
transport-communications complex remains integration into the 
Eurasian transportation system."  The integration process, he 
said, "must take full advantage of the country's geo-strategic 
position as a transit bridge between Europe and Asia." 
Nazarbayev called for the creation of at least two or three 
aviation hubs to establish "quality links" between Europe and 
Asia.  He said that improved infrastructure is needed to develop 
Almaty as "the principal financial center of the Central Asian 
region" and Astana as "a modern capital of the Eurasian space." 
Nazarbayev also spoke of creating "academic centers" and 
"technological parks" and directing the development of the 
country's scientific potential to link applied research with 
commercial business.  The state must "abolish legislative, 
administrative, and bureaucratic obstacles to business 
initiative." 
 
 
 
5. (U) President Nazarbayev charged the Government with a number 
of concrete tasks, particularly in the area of taxation.  The 
value added tax, he said, should be lowered by 1% in 2007 and 
 
ASTANA 00000029  002 OF 003 
 
 
another 1-2% in 2008-2009.  (Note:  The value added tax is 
currently set at 15%.  End note.)  Starting in 2008, the social 
tax is to be reduced by 30%, which "should serve as a stimulus 
for employers to raise employees' wages."  (Note:  The social 
tax is a progressive tax paid by the employer on employees' 
wages.  End note.)  Starting in 2007, a single unified tax rate 
is to be introduced for small businesses.  (Note:  Small 
businesses are currently subject to a progressive tax.  End 
note.)  At the same time, a 10% personal income tax is to be 
introduced, with partial exemptions for low income earners. 
Nazarbayev emphasized the importance of maintaining fiscal 

discipline and using monetary policy to limit inflation.  He 
also called for various legislative measures aimed at 
strengthening the institution of private property, including 
imposition of economic, administrative, and criminal liability 
for breach of contract, protections for minority shareholders, 
stronger anti-monopoly provisions, and guarantees against 
re-nationalization.  Furthermore, Nazarbayev urged the 
development of a program for floating national companies' 
securities on capital markets. 
 
 
 
The Social Safety Net 
 
--------------------- 
 
 
 
6. (U) As a second priority, President Nazarbayev called for 
strengthening the social safety net.  The state, he said, will 
not spare resources in supporting socially vulnerable segments 
of the population.  He tasked the Government with raising 
pensions for a number of selected groups, such as WWII veterans 
and their families.  Nazarbayev said that social policy needs to 
be brought into compliance with market forces, targeting stable 
employment as the key objective.  He urged the adoption of an 
environmental code and a labor code as well as international 
standards of social responsibility for businesses.  He discussed 
the importance of improving housing, educational, and healthcare 
infrastructure.  Finally, President Nazarbayev said that 
Kazakhstan's circumstances are favorable for accepting inflows 
of foreign labor.  He called for a one-time amnesty for migrant 
laborers, as well as a mechanism to attract highly educated, 
professional workers to Kazakhstan on a permanent basis. 
 
 
 
A Democratic Society 
 
-------------------- 
 
 
 
7. (U) President Nazarbayev named "further development of 
democracy and modernization of the political system" as another 
priority.  He noted, however, that it is necessary to balance 
"the general patterns" shared by prosperous democratic states 
with "the important cultural and historical traits and 
traditions" of Kazakhstani society.  Nazarbayev said that "the 
unity" demonstrated by the citizens in electing him last 
December leaves no doubt about the society's "consolidation," a 
precondition for the country's stable development.  He went on 
to speak about "the anxiety, even fear at times" that 
Kazakhstanis experienced during the campaign, a phenomenon, he 
added, that "some were, apparently, counting on."  "We all 
recall," he remarked, "the sigh of relief our citizens breathed 
after the election." 
 
 
 
8. (U) Nazarbayev said that the absence of well-established 
democratic traditions and society's tendency to mistake 
permissiveness for freedom pose threats to the country's 
stability.  Therefore, he continued, democratic traditions must 
be not only developed but also protected.  The key to this, he 
stated, is enforcement of law and decisive prosecution of 
behavior such as slander, bribery, and violence.  Nazarbayev 
welcomed NGOs' role in Kazakhstan's development, but said that 
 
ASTANA 00000029  003 OF 003 
 
 
they will not be permitted to act outside the law. 
 
 
 
National Security 
 
----------------- 
 
 
 
9. (U) Discussing national security, President Nazarbayev 
emphasized the creation of a professional army and the struggle 
against religious extremism, international terrorism, and drug 
trafficking.  He spoke of regional cooperation on these issues, 
including anti-terrorist initiatives under the umbrella of NATO. 
 Nazarbayev then turned to discussing corruption as "a threat to 
national security and social stability."  He called for 
legislative amendments to bring transparency to the financial 
activities of state and private enterprises.  He spoke in favor 
of an amnesty on capital and property taken out of legal 
domestic circulation, with the exception of funds directed 
toward illegal activities, such as drug or weapons trafficking. 
The plan calls for a 10% tax to be charged on the equities being 
legalized.  Those who took capital out of circulation but fail 
to take advantage of the amnesty and pay the tax will be 
prosecuted, said Nazarbayev. 
 
 
 
International Relations 
 
----------------------- 
 
 
 
10. (U) The final priority cited by President Nazarbayev was 
"further realization of a balanced and responsible foreign 
policy."  This called for developing a strategic partnership 
with Russia, strengthening mutually beneficial cooperation with 
China, strengthening senior-level relations with the U.S., 
developing cooperation with the European Union, closer 
coordination with neighboring Central Asian states, and 
developing relations with the countries of the Muslim world. 
Regarding the U.S., President Nazarbayev spoke of "a long-term 
and stable partnership characterized by broad cooperation on the 
issues of ensuring international energy security and stability, 
combating terrorism and religious extremism, and continuing 
democratization." 
 
 
 
Comment 
 
------- 
 
 
 
11. (SBU) Comment:  President Nazarbayev's speech was long on 
economic reform, and there is ample evidence that Astana's 
prudent macroeconomic policies will continue.  Nazarbayev's 
elevation of intellectual property protection was a particularly 
encouraging note, given the importance of this issue for WTO 
accession.  In comparison with last year's speech, this annual 
address was much shorter than expected on democratic reform. 
Rather than break new ground, he stuck to the usual theme of 
following a "Kazakhstani path" to democracy.  Senior sources in 
Astana tell us that the political uncertainty associated with 
the Sarsenbayev murder led to the decision to minimize the 
attention paid to it this year.  The President's opening remarks 
to the Democratization Commission a few weeks later (see reftel) 
had the kind of detail that we had expected in this speech. 
 
End comment. 
TRACY

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06ASTANA27, KAZAKHSTAN: AMBASSADOR DISCUSSES DEMOCRATIZATION COMMISSION

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Reference ID Created Released Classification Origin
06ASTANA27 2006-04-11 09:33 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Astana

VZCZCXRO9088
PP RUEHAST RUEHDBU
DE RUEHAST #0027/01 1010933
ZNR UUUUU ZZH
P 110933Z APR 06
FM USOFFICE ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 0092
INFO RUEHTA/AMEMBASSY ALMATY PRIORITY 0086
RUEHAH/AMEMBASSY ASHGABAT 0011
RUEHEK/AMEMBASSY BISHKEK 0013
RUEHDBU/AMEMBASSY DUSHANBE 0015
RUEHBUL/AMEMBASSY KABUL 0010
RUEHMO/AMEMBASSY MOSCOW 0012
RUEHNT/AMEMBASSY TASHKENT 0011
RUEHVEN/USMISSION USOSCE 0036
RUEHAST/USOFFICE ASTANA 0094

UNCLAS SECTION 01 OF 03 ASTANA 000027 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR SCA/CEN (J. MUDGE), DRL/PHD (C. KUCHTA-HELBLING), 
AND DRL/CRA (E.RAMBORGER) 
USOSCE FOR D. BROWN AND J. DUNLOP 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV PHUM PREL OSCE PINR KZ
SUBJECT: KAZAKHSTAN: AMBASSADOR DISCUSSES DEMOCRATIZATION COMMISSION 
WITH STATE SECRETARY ABDYKARIMOV 
 
REF: ALMATY 1095 
 
1. (SBU) Summary: On March 30, the Ambassador paid a courtesy 
call on State Secretary Oralbay Abdykarimov, who was recently 
named to run the new Democratization Commission ("the 
Commission") as deputy to President Nazarbayev.  Abdykarimov, 
who will undertake the day-to-day operations of the commission 
and chair most working meetings, described the structure, goals, 
and timeline for the Commission.  He acknowledged the importance 
of active participation by all stakeholders, including 
opposition leaders and civil society groups.  End summary. 
 
2. (U) The Ambassador met with Oralbay Abdykarimov on March 30 
in Astana to discuss plans for the newly constituted 
Democratization Commission convened by President Nazarbayev on 
March 24.  Abdykarimov was appointed State Secretary in March 
2004. When dealing with various government agencies, political 
parties, and public organizations, the State Secretary acts as 
the President's representative.  Prior to this position, 
Abdykarimov served as speaker of the Senate from 1999 to 2004. 
During the meeting, Abdykarimov gave the Ambassador an overview 
of the broad plans for the Commission, explaining its structure 
and laying out goals and timelines for accomplishing these goals. 
 
STRUCTURE AND GOALS OF THE COMMISSION 
 
------------------------------------- 
 
3. (U) Abdykarimov explained that the Commission has 30 members 
who will form seven working groups.  These groups will focus on 
the priorities of democratic reforms as determined by the 
previous National Commission on Democratization and Civil 
Society chaired by former Security Council Secretary Utemuratov: 
executive branch reform; strengthening the role of 
representative government entities; development of 
self-governance; judicial reform; human rights protection and 
strengthening the role of political parties and public 
organizations; strengthening of independent, professional media; 
and development of Kazakhstan's electoral and political system. 
Members include the deputy speakers of both houses of 
Parliament, one representative from each registered political 
party and bloc, leaders of political factions in the Parliament, 
civil society leaders, and other government officials and 
members of the Parliament. (Note: Only one opposition 
representative attended the first meeting.) The Cabinet will 
appropriate funds for the Commission's budget, which will be 
overseen by the Ministry of Culture and Information. 
Abdykarimov noted that the Commission's success will depend on 
whether the Commission wins public trust in its objectives and 
methodology. 
 
4. (SBU) The next meeting of the Democratization Commission is 
tentatively scheduled for April 21. It will be a working meeting 
chaired by Abdykarimov rather than President Nazarbayev, who 
chaired the Commission's first meeting on March 24.  Commission 
members will debate and vote to set the order of the seven 
priority areas to be addressed.  At the March 24 meeting, 
Constitutional Council Chairman Igor Rogov suggested that they 
begin with the areas that do not require amendments into the 
Constitution.  Abdykarimov shares that view, predicting to the 
Ambassador that the Commission would not likely draft any 
constitutional amendments this year.  After the first meeting, 
Abdykarimov sent letters to all members of the Commission asking 
for their proposals on the work plan and soliciting agenda items 
for the next meeting.  He told the Ambassador that at this 
stage, there is no unanimity among members as to what issues 
should be addressed first.  Once approved by the Commission, 
proposed legislation and regulations will be filed with the 
Cabinet for submission to Parliament.  (Note: Under the 
Constitution, legislation may be initiated only by the Cabinet 
or within the Parliament itself.  The Presidential 
Administration and its subsidiary non-cabinet agencies and 
commissions technically do not have the right to initiate 
legislation.  However, in practice, these entities work closely 
with the Ministry of Justice to draft relevant legislation.  End 
note.)  The work plan drafted by the Commission will be sent to 
President Nazarbayev for approval. 
 
5. (SBU) The Democratization Commission reforms will be divided 
into goals for 2006 to 2008 and goals for 2009 to 2011.  The 
 
ASTANA 00000027  002 OF 003 
 
 
election of akims should begin this year pursuant to a decree by 
the President.  (Note: District akims are expec
ted to be 
indirectly elected by district (rayon) legislatures, or 
Maslikhats.  As noted in reftel, akims have traditionally been 
executive branch appointees.  End note.)  This year, Parliament 
is expected to pass a law that will be that will expand local 
self-government for small settlements and villages. 
 
6. (SBU) Abdykarimov believes the Commission must ultimately 
decide whether Kazakhstan remains a presidential republic, moves 
towards a parliament-dominated republic, or maintains strong 
executive and legislative branches to balance each other.  He 
said that although it was not an immediate priority, a new 
election law should be passed prior to the fall 2009 Mazhilis 
elections, providing for a larger role for political parties. 
 
ENGAGEMENT WITH OPPOSITION AND STAKEHOLDERS 
 
------------------------------------------- 
 
7. (SBU) Abdykarimov said that he sent a letter to newly 
registered opposition party True Ak Zhol (TAZ) on March 29 
asking the party to name its representative to the 
Democratization Commission.  Former presidential candidate 
Zharmakhan Tuyakbay was invited to represent opposition bloc For 
a Just Kazakhstan (FJK), while party chairman Serikbolsyn 
Abdildin was invited to represent the opposition Communist Party 
of Kazakhstan(CPK).  Neither party sent a representative to the 
inaugural March 24 meeting, however.  Ak Zhol chairman Alikhan 
Baymenov was the only opposition representative present. 
Abdykarimov agreed that the murder of TAZ leader Altynbek 
Sarsenbaiuly cast a shadow on the work of the Commission. 
Abdykarimov claimed that government had reached out to the 
opposition to join the Commission and taken steps to encourage 
their participation.  (Note: As reported Ref B, the opposition 
does not feel the GOK has made any effort.)  Abdykarimov 
stressed that opposition leaders must commit to participation; 
they cannot be forced to join.  If the opposition leaders refuse 
to participate, they will miss an opportunity to shape the 
Commission's reforms.  The work of the Commission will go 
forward, Abdykarimov said, with or without the opposition. 
 
8. (SBU) The Ambassador encouraged Abdykarimov to come up with a 
clear agenda and action plan so that all stakeholders, including 
the opposition, will see the advantages of joining the 
Commission.  He also encouraged informal, personal outreach by 
GOK officials to "old friends" in the opposition, noting that 
many political opponents retained personal ties built on former 
professional relationships and family and social ties. 
Abdykarimov agreed with the suggestion, adding that he had known 
all the opposition activists from long ago, particularly Bulat 
Abilov (TAZ), Oraz Zhandosov (TAZ), and Tulegen Zhukeyev (FJK). 
He noted, "We all share the same goals of building democracy and 
prosperity.  Our differences are in the way to reach these 
goals." 
 
9. (SBU) Abdykarimov also indicated that he would seek feedback 
from civil society stakeholders, soliciting input from groups as 
diverse as the National Council, the Assembly of Peoples, the 
entrepreneur group "Atameken," NGOs, and the media.  Abdykarimov 
expressed openness to active participation of international 
organizations and invited the Embassy to send observers to any 
and all Commission meetings. 
 
EYE ON THE OSCE BID 
 
------------------- 
 
10. (SBU) Finally, Abdykarimov mentioned Kazakhstan's 
aspirations to OSCE chairmanship-in-office (CiO).  He believes 
that Kazakhstan should be given credit for aspiring to take a 
leadership role and that the U.S. should support Kazakhstan's 
bid for the OSCE CiO.  The Ambassador agreed that Kazakhstan 
deserves recognition for its leadership aspirations, but noted 
that aspirations are not enough.  The Ambassador told 
Abdykarimov that the terms under which Kazakhstan could be 
chosen to serve as OSCE CiO remain subject to further 
consideration and discussion. 
 
 
ASTANA 00000027  003 OF 003 
 
 
BACKGROUND NOTES 
 
---------------- 
 
11. (SBU) BIOGRAPHIC NOTE: Oralbay Abdykarimov (patronymic 
unknown) was born December 18, 1944, in the village of Kiyevka, 
Nurinsky Region, Karaganda Oblast.  Following a brief (1964-67) 
stint in the Soviet Navy, he graduated from Karaganda 
Industrial-Pedagogical Technical School in 1969 and from 
Karaganda State University in 1974.  He served as an 
"instructor" to regional government councils from 1975 to 1985. 
From 1985 to 1991, he held various positions with the Central 
Committee of Communist Party of the Kazakh S.S.R.  Following 
Kazakhstan's independence, Abdykarimov served in the 
Presidential Administration from 1991 to 1996, when he left to 
serve 8 months as the head of administration for the Mazhilis. 
In October 1996, he returned as the Head of Presidential 
Administration, leaving to serve as Chair of the Higher 
Disciplinary Council(1997-1998), then on to chair the State 
Commission on Combating Corruption (1998-2000).  Abdykarimov is 
married to Zhamal Abdykarimova and they have a daughter and 
three sons, one of whom, Serzhan, currently serves as the head 
of the MFA Europe and Americas Department (replacing Jandos 
Asanov).  His brother, Bolat Abdykarimov, worked in the 
government until 1997 and ran for the Mazhilis in 1999. 
Currently, Bolat Abdykarimov is a professor at Eurasia National 
University in Astana. 
TRACY

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