(Continued from
# 13(331), 14(332), 15(333), 16 (334), 17(335), 18(336))
- Obstacles to freedoms of association and of assembly. The rights to association and assembly are unduly restricted through legal and administrative obstacles. The legislation has been used to impede the registration of a number of groups, including political parties, and to harass those involved.
- Campaign atmosphere. State authorities did not behave impartially and provided support for the election campaign of some candidates, in particular the incumbent. There was no clear dividing line between state affairs and the incumbent�s campaign. For example, state bodies announced and publicised their support for the incumbent, while printed messages encouraging passengers to vote for the incumbent were distributed on some local flights of the state airline. Restrictions were placed on campaigning of some of the incumbent�s competitors through administrative measures. For example, candidates had uneven access to public buildings.
- Access to the media. Both the state-owned and private media gave a disproportionately large share of the coverage to the incumbent. In addition, documentary programs profiling the incumbent were added to the regular programming of one popular state-owned TV channel during the week before the election. Regular entertainment programs, such as a popular soap opera, featured election-related segments favouring the incumbent. In general, the OSCE/ODIHR Election Assessment Mission is concerned with the media situation in Kazakstan.
- Voting procedures. The voting on election day was carried out in a calm and peaceful manner. However, there were credible reports of irregularities, including proxy voting. Observers and candidates� representatives reported that the layout of polling stations did not allow for effective observation. The number of names that were added to additional voter lists appeared high, suggesting that there were deficiencies during the voter registration process.
The OSCE/ODIHR Election Assessment Mission found that the Central Election Commission is to be commended for:
- Logistics. The Central Election Commission�s plans and organisation for election day were well drafted and executed.
- Voter Education. The Central Election Commission undertook a wide-ranging impartial voter education effort to inform the public about their rights, the biographies of candidates and the procedure to properly complete the ballot. The CEC should continue such efforts in preparation for the future elections. Another positive aspect noted by the Mission is that the CEC had improved the design of ballots and the protocols for recording the vote count at polling stations based on earlier OSCE/ODIHR recommendations.
The OSCE Office for Democratic Institutions and Human Rights appreciates the co-operation extended to the Assessment Mission by the Government of Kazakstan and is encouraged by the commitment of the Republic of Kazakstan, expressed at the highest level, to improve the election-related legislation and to implement recommendations of the OSCE/ODIHR Election Assessment Mission. ODIHR would like to reiterate its readiness to assist the Government of Kazakstan in the preparation for future elections, in particular for the local and parliamentary elections scheduled to take place later in 1999. ODIHR is also looking forward to co-operating with the Government of Kazakstan on the implementation of the Memorandum of Understanding regarding future elections and democratisation projects signed on 2 December 1998 at the OSCE Ministerial Meeting in Oslo.
IX. Recommendations
The OSCE/ODIHR Election Assessment Mission urges the CEC and the Government of Kazakstan to continue to improve its legislation and to fulfil its stated intention to democratisation. The following recommendations are made in the spirit of assisting to improve the level of compliance with the 1990 OSCE Copenhagen Document.
OSCE/ODIHR recommends:
- that election legislation be introduced, debated and adopted by the Parliament following a public debate. That the existing Decree on Elections be repealed. However, if it is incorporated into the election legislation, the Decree on Elections must be revised substantially, including in particular but not limited to the following provisions.
- that the appointment process of election commissions at all levels be reviewed. Independent, neutral persons representing various communities would add credibility to the electoral process in Kazakstan.
- that the requirements for candidate registration for all levels be reviewed and amended. Lowering the number of signatures required and the amount of registration fee will enable a broader range of prospective candidates to be registered. Article 4 of the Decree on Elections also needs to be reviewed in light of the constitutional right to seek public office.
- that the planned amendments to the laws on registering public associations and NGOs be introduced as soon as possible. Political party registration also needs to be reviewed with consideration given to including it in an election law.
- that the division of state affairs and the campaigning of candidates, as outlined in the guidelines of the CEC, be incorporated into an election law.
- that the legal requirements on election finances be amended to include a section on donations in kind. These donations would be valued at the current market rate and be considered an expenditure of the election fund.
- that the stated intentions to ease control on the media be instituted immediately by changing the tender process for broadcast frequencies and the tax laws to ensure that private and independent media are able to operate on a competitive basis with the state media.
- that journalists be protected, while carrying out their duties, from intimidation and arbitrary punishment based on the content of their reporting.
- that paid political broadcasts and advertisements be required to carry an identifier of the sponsor so that the public will be aware of who is responsible for these announcements.
- that the CEC ensure that its guidelines on the media are complied with by incorporating an enforcement mechanism, with penalties if necessary, in the election law.
- that the CEC institute a training branch to set consistent and uniform standards so that the election commissions comply with the election law and the CEC�s guidelines. The training branch would also design standard manuals and training programs.
- that the voter registration system be improved with permanent, computerised voter lists. The system should have checks against double registration and should prevent the abuse of additional lists.
- that the voter education program of the CEC be enhanced to give more information to voters about the secrecy of the vote and about special voting procedures such as advance voting, mobile voting and certificate voting. It is also recommended that the CEC develop an ongoing democracy education program in co-operation with NGOs.
- that the Government carefully review all of its OSCE commitments related to elections, in particular under the Copenhagen Document, and ensure that it bring its electoral practices into compliance with these commitments.
The ex-chairman of Kazakhstan Workers� Movement spent exactly a year at the common prison colony for �offending the honor and dignity of the President of the country�. This incident has been acknowledged as an extraordinary one. Neither before nor after Madel Ismailov, has anyone run the risk of performing this �heroic deed�. However, Mr. Ismailov, himself does not exclude the possibility that he could once again return to the colony.
Mr. Ismailov made this announcement at his first press conference, which was held soon after his release. Shortly after the conference, Mr. Ismailov granted an exclusive interview to THE GLOBE. We met at the Democracy House in one of the offices of pensioner�s movement �Pokoleniye.� On the floor inside the building, lay a pile of worn cloths, probably collected for charitable purposes. They smelled of poverty.
Darting old people constantly looked into the door and saluted to Madel Ismailov, interrupting the interview. These people were sincerely glad to see him again, and it soon became obvious that they consider him a defender of their interests. Despite the loss of money, rest, proper treatment and peace, they have not yet lost hope that somebody will manage to reach the authorities and will return them everything. Aged people today are much more politicized than all the rest, as life for them is much more difficult. Madel Ismailov is about sixty, and he regrets that he is not 35 to 40 now.
1. �About whether he was a political prisoner or not�
�I myself suppose that I was a political prisoner. But the authorities treat my case as if it is a common criminal act. But everybody whom I met during this year, including those working in law and order organizations considers me to be a political prisoner. I did not try to rob or kill anybody. I tried to attract the attention of the authorities to the distressing situation of, for example, the citizens of Kentau and Zhenatas towns. Amnesty International, by the way, acknowledged me a prisoner of consciousness. And this is mainly due to Kazakhstan�s committee on human rights, especially to Yevgeny Zhovtis and Zhemis Turmagambetova. I am grateful to them for what they have done for me.�
2. �About forgeries�
�There were plenty of them in my case. Beginning with the report written about me by some police captain, stating that I was brought for an interrogation by force. It is a lie. I came to the interrogations with my lawyer. The investigator admitted himself that that report was a falsification. Nevertheless, nobody ever tried to explain to me where it came from and for what purpose it appeared. It is only one falsification. The second one is that I insulted �honor and dignity� of the President through the mass media. Any words ascribed to me which were deemed insulting by the authorities, did not sound from a single paper, TV or radio-channel. There is the third one as well: it is how the judge determined a presence of �insult�. A philological commission headed by the judge was not objective due to the obvious fact, that there were no philologists in it. The �expert� commission represented everyone except specialists. It was these �experts� who came to the conclusion that in accordance with Ozhegov� dictionary, my words were insulting.�
3. �About the fact that many people are imprisoned �for nothing�.
�I do not have official proof, but a significant part (about 30%) of people are imprisoned for nothing. There is probably some corporate agreement between representatives of the defense and prosecution. I had a talk with many prisoners and I know that in a majority of cases, their fate was determined by money; or to be more accurate � its absence. A boy was imprisoned along with me, who was a witness to the robbery of microwave oven. In our discussion, it quickly became evident that the boy was in no way involved in this robbery. Nevertheless, he was sentenced to the full term for the event, since he did not agree to the authorities� demands. An investigator told him directly, �if you give me your car, you will be free. Otherwise � you will be imprisoned.� There is a lot of cases like this one. Agreements between an investigator, a lawyer, and a judge are an everyday practice of our reality. I am talking about it as a man who has experienced this. We do not have a law defending, but a law distracting system. I was told by the companions in the colony: �Madel, when you go out of this place, please tell and write about what you have seen here. At least defend our rights. Tell people how human dignity is violated here.�
4. �About rights and responsibilities�
�I think that both of these categories are becoming less and less. The rights of people are not observed, and the responsibilities are not fulfilled by the authorities. Let� s take the Zhanatas example. Hundreds of people are robbed, but they have no right to shout about it to be heard. They are at once blamed for breaking stability. If I can become a �criminal� just by speaking about the injustice, it can be safely assumed with confidence that we have no rights at all. Having no right to speak about what I believed should be freely spoken, I found myself in the colony, in an even more difficult situation. I cannot speak about all of the abasement to which I was subjected. There were mockeries from the colony personnel, beatings, threatening. I am talking not for myself, but about those who are still there and who require help. I find it hard to believe that the Minister Suleimenov does not know in what conditions (material as well as moral) the prisoners are kept. It is just convenient for the authorities not to notice what is happening in the country -in the prisons, in economy, at schools. Everywhere.�
5. �About democracy level�
�They are trying in vain to suggest to us that the democratic level of our country has not increased because of the low cultural level of the population. It is not true. People, in this aspect are well ahead of many of their leaders. People deserved long ago to have the right not to be talked down to. And not to be considered fools.�
6. �About the opposition�
�I may be mistaken, but we do not have any opposition. We have some separate people from the upper strata, as well as from the lower strata, known and unknown, who try to express their opinion and expect to be listened to. An opposition that has no possibility to be listened to, has to die in the embryo. But the most of the movements� failures are caused by inability to focus in its struggle. There is no systematic opposition. It is yet spontaneous and innumerous. Being a leader of the Workers� movement, I more often than other leaders of other public organizations, was among the lower strata. I myself am from the lower strata. Our opposition has chosen to protect people�s interests from a distance. But on the whole, a social base of opposition is very large. Only organization and coordination in activity are required, at least for the first time. Such a tendency seems to be slowly occurring.�
7. �About further plans�
�At first I need medical examination. There are 1600 prisoners in the colony, out of which 600 have tuberculosis. They did not find it in me. But I cannot believe the medical commission of the colony. Everything is done irresponsibly there. Nobody cares whether you will live or die. The examination results are announced only after three to four months. In the meantime, an ill man can quietly live among healthy ones, able to infect them at any minute. They treated men like animals. After examination I will work. My former work (I worked as an excavator operator at �Kazselzaschita�), of course, I have lost. But I have to earn to live on� At present, different public organizations given me help. It is surprising, but we ceased to be owners of our country. I don� t have any belief or hope for tomorrow. What else? I am going to write a book about what I saw for the year spent in the colony.�
8. �About possibility to go abroad�
�I don�t exclude it, though I would not like it. If I am forced to do it, I will leave. I am going to continue my struggle and to restore Workers� movement which had to stop temporally its activity.�
Prepared by Kulimkhan Hasenova
Five years have passed since the Republic of Kazakhstan joined the Convention on preservation of the world�s cultural and natural heritage. Originally adopted by the UNESCO General conference in Paris in 1972, the Convention has become an effective instrument in the preservation of cultural and natural memorials of a value common to all mankind. The status of �international heritage� imparted to the memorials or preserved territories allows for the technical and financial support rendered by the Fund for their preservation. The objects of the world�s heritage attract foreign investors, assistance of foreign states and of UNESCO itself. In addition, acquiring �international heritage� status raises the prestige of the countries having such memorials in their territories.
A passive fulfillment of the Convention does damage to Kazakhstan�s international prestige. Arguments regarding the absence of budgetary means seem to be unconvincing, if we compare the expenses to be incurred to fulfill the Convention and profits gained from the same. According to official information from Kazakhstan�s Ministry of Foreign Affairs, as of the middle of November, our country had a liability to the Fund of the world�s heritage from 1995 to 1998 of US$ 27 129. According to the Charter, this small amount of money significantly limits the possibility of receiving assistance from the Convention Committee. As of February 1999, the debt remained unpaid and, in fact had increased by US$ 2386.
Specialists of the Center of the world�s heritage express their bewilderment, since the assistance rendered by the Fund would have surpassed the owed amount several times. If only Kazakhstan had paid this fee! Why does Kazakhstan refuse to grasp the outstretched hand of assistance? Is it possible that it is because this proposed help does not promise a momentary profit? On the contrary, it requires some efforts for the sake of country�s future. It will require the authorities to work for the future of our children and grandchildren, of our culture and nature.
March 1, 1999
The letter is prepared by ecological society �Zelyonoye spasenye� (Chairman Sergei Kuratov).
Signed by:
Olzhaz Suleimenov, Ambassador of the Republic of Kazakstan in Italy
Murat Auezov, writer
Satimzhan Sanbaev, writer
Marat Sembin, historian
Daulet Sembin, jurist-ecologist
Yuryi Eidinov, expert-ecologist
All Over the Globe is published by IPA House.
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