Statement

by H.E. Mr. Kanat Saudabayev,

Secretary of State – Minister of Foreign Affairs of

the Republic of Kazakhstan,

Chairman-in-Office of the Organization

for Security and Cooperation in Europe

at the 13^th session of the United Nations Human Rights Council

(March 3, 2010, Geneva)

Mr. President,

Madam High Commissioner,

Ladies and Gentlemen,

First of all, let me congratulate you, Mr. President, on your election to the Presidency of this important session and wish you success in the fulfillment of your duties.

I am also happy to welcome the High Commissioner for Human Rights Ms. Navanethem Pillay and to reaffirm our full support of her activity. We are confident that you will continue to bring strong leadership to the Office of the High Commissioner, in order to protect and promote human rights around the world.

Mr. President,

Since its inception, the Human Rights Council has established itself as an effective human rights mechanism capable of constructive consideration of human rights issues on a country level.

Kazakhstan also supports the strengthening of the role of the High Commissioner for Human Rights and intends to continue to work closely with its Regional Office in Bishkek. We will continue to make voluntary contributions to the OHCHR budget to support its operational activities.

In this regard, we want to point out that close cooperation with the Human Rights Council and the Office of the High Commissioner for Human Rights is an integral part of Kazakhstan' consistent efforts to ensure further democratization and protection of human rights and freedoms in our country.

Mr. President,

The direction chosen by Kazakhstan in the early days of its independence remains the same.  We are moving forward to broader democracy, rule of law and protection of rights and freedoms of each and every citizen.

            In this context, in his message to the people of Kazakhstan, on 29 January, the President of Kazakhstan Nursultan Nazarbayev said that we would continue to work consistently to pursue political modernization of the country. In this regard, the main focus will be on preserving harmony and stability in the society.

At this juncture, our top priority is a legal reform designed to reorganize the law enforcement system in accordance with high international standards, further decriminalize the legislation and make it more humane. Parliamentarian and public oversight of all law enforcement agencies will be tightened, in line with the amendments to the legislation that are being drafted.

Special emphasis will be made on further reforms of the judicial system. By 2011, the court specialization will be expanded and simplified procedures will be introduced. In particular, Kazakhstan plans to set up juvenile courts in all the regions of the country.

These and other measures to improve the human rights system in the country are provided for in the National Action Plan in the Area of Human Rights for 2009-2012 and the Concept of Legal Policy of the Republic of Kazakhstan for 2010-2020. These policy papers, approved by the Head of  State, provide for a more effective, consistent and coordinated policy to further improve the legislation and the law enforcement, in the context of the human dimension, with the involvement of Government agencies, NGOs and international organizations.

I am pleased to note that some of the recommendations in the Concept of Legal Policy and the National Plan of Action in the Area of Human Rights have already been implemented.

Amendments to the legislation have already been introduced to further improve the judicial and penal correctional systems, to step up efforts to combat corruption, to provide qualified legal assistance and to protect constitutional rights of citizens to privacy and other rights.

Promotion of gender equality is one of the most important areas of activity for our Government. Today, women in decision-making positions account for 10,3%. By 2016, Kazakhstan intends to reach the target of 30%, in accordance with the provisions of the Beijing Platform of Actions related to the advancement of women.

In order to implement the Beijing Platform of Action, a framework law on state guarantees of equal rights and equal opportunities for men and women and a law on prevention of domestic violence, providing for a mechanism to prevent and control crime in family relations, have been adopted.

Protection of minors’ rights is always on the top of the agenda of a special interdepartmental commission of the Government of Kazakhstan. Social centers for the prevention of the worst forms of child labor have been established in several regions of the country, in the framework of pilot projects.

Measures are being taken, under the Plan of Action to Eradicate Torture for the period up to 2013, to improve professional qualification of law enforcement officers, court officials, staff of public oversight bodies and other persons, related to preventing and suppressing torture. A bill to establish an independent national preventive mechanism, in accordance with the Optional Protocol to the Convention against Torture, is being drafted.

Kazakhstan has adopted a special law on refugees. It defines the legal status of refugees and asylum seekers, in accordance with the norms of international law, based on the principles of non-refoulement, transparency of granting refugee status, non-discrimination, family reunification and protection of the rights of refugee children.

The Government has been carrying out an action plan for combating human trafficking for 2009-2011. Projects to set up crisis centers that provide for temporary shelter and rehabilitation of victims of the trafficking have been implemented, since last year, with the participation of NGOs and financial support from the Government.

In 2009, the existing legislation on mass media was amended in order to lower bureaucratic barriers hampering the work of mass media outlets. In particular, requirements for the registration of electronic media have been removed, mandatory provisions requiring journalists to obtain consent to use audio or video equipment during interviewing have been eliminated and equal competitiveness of the claimant and the defendant in court proceedings have been introduced, among other things.

The Government has created the necessary conditions for the development of civil society institutions. Currently, there are more than 18 000 registered non-governmental and non-profit organizations. Furthermore, state funding of NGOs for the implementation of social projects is increasing every year.

Digital human rights libraries have been set up by executive and representative bodies in some regions of the country in order to raise public awareness of the existing human rights mechanisms.

Our immediate plan is to strengthen the powers of the Ombudsman, through the adoption of a law, in order to bring it fully into line with the Paris Principles.

Active preparations are under way for the ratification of the Convention on the Rights of Persons with Disabilities, which will strengthen the system of social and economic protection of persons with disabilities.

These steps are a logical continuation of the efforts to ensure full and effective enjoyment of human rights and integration of international standards into the domestic legislation and the law enforcement system.

Mr. President,

Today, against the background of negative effects of the global financial crisis, the role of governments in social protection of the rights and freedoms of citizens is becoming increasingly more important, especially in the developing countries.

Thanks to the right economic strategy of the Head of State and the accumulated reserves exceeding 50 billion US dollars, Kazakhstan has been able to withstand the negative effects of the global economic downturn and to overcome the crisis, with minimal losses for the economic and social well-being of its citizens.

Thus, due to the implementation of a special employment program in 2009, we have managed to create over 400 000 jobs. This has helped us to stabilize the situation on the labor market and to bring unemployment down to 6.3%, below the pre-crisis level.

In order to reduce unemployment among women, a special program of microcredit for women's entrepreneurship for 2009-2015 has been adopted and is being implemented right now.

In 2009, basic pensions were raised and pensions under the pay-as-you-go system were increased by 25%. The amount of government-funded social benefits was increased by an average of 14%.

In 2009, the Government allocated, under an anti-crisis programme, some 796 million US dollars to refinance existing mortgages. Thanks to the completion of 142 housing projects, more than 23 000 property buyers who had been hit by the crisis were able to move into new apartments.

Thus, the state methodically creates all necessary conditions to further ensure wide exercise of the rights and freedoms in all spheres of life, particularly by socially vulnerable groups. This work is based on common standards and international legal obligations of the country.

Mr. President,

Last month, Kazakhstan successfully passed through its first Universal Periodic Review in the Human Rights Council.

The UPR process has allowed us to take stock of what has been done and what remains to be done to further strengthen human rights protection of our citizens, in the light of new challenges.

Kazakhstan intends to enhance further its efforts to fully implement the recommendations made during the UPR by the United Nations Member States, treaty bodies and special procedures of the Human Rights Council

Kazakhstan has always been and remains open for cooperation with the international community on protection and promotion of human rights and freedoms.

Guided by this approach, Kazakhstan sent, in July 2009, a standing invitation to all mandate holders of special procedures of the Human Rights Council.

This is a clear and unequivocal expression of Kazakhstan’s willingness, openness and commitment to the efforts to further improve the national human rights system and to bring it into line with the universally recognized international standards.

The current session of the Council is expected to consider the reports of the Special Rapporteur on Torture Mr. Manfred Nowak and the Independent Expert on Minority Issues Ms. Gay McDougall, on their missions to Kazakhstan in 2009. We are looking forward to a visit by the Special Rapporteur on Adequate Housing Ms. Raquel Rolnik, scheduled for this April.

We highly appreciate the unbiased professional opinion of special procedures mandate holders and we are ready to continue our cooperation with them, in the spirit of openness and mutual respect.

Our country will continue to support the activities of the Human Rights Council.

Welcoming new Council members, we express our confidence that these countries will fully contribute to our efforts to achieve our common goal - democracy and effective enjoyment of human rights around the world.

Guided by these ambitious goals, we have decided to apply for the Council membership for 2012-2015. In this context, we ask you to support our nomination.

Mr. President,

Today, I am addressing this distinguished forum not only as the Foreign Minister of Kazakhstan but also in my capacity of the Chairman-in-Office of the OSCE.

The unanimous decision of all 56 OSCE participating states regarding Kazakhstan's Chairmanship in the organization has become an objective recognition and a commendation of impressive accomplishments of our people, during the short span of our independence, in social, economic and political development, under the outstanding leadership of President Nursultan Nazarbayev.

Respect and protection of fundamental human rights and freedoms, development of democracy and combating intolerance and discrimination constitute an integral part of unified and indivisible security. For that reason, in its capacity of the OSCE Chairman-in-Office, Kazakhstan pays close attention to the humanitarian dimension of the organization’s activity and intends to make a worthy contribution to its further development.

Drawing on our positive experience in ensuring interethnic and interfaith accord in our own country, where representatives of some 130 ethnic groups and 46 confessions coexist in peace and harmony, we intend to make the issues of tolerance and intercultural dialogue in the OSCE area of responsibility as a top priority of our Chairmanship.

I do hope that a high level OSCE conference on tolerance and non-discrimination, to be held in Astana on 29 and 30 June of this year, will significantly contribute to the efforts to further strengthen interaction among different cultures and civilizations as well as to ensure practical implementation of our previous decisions.

This is especially relevant in the light of the proclamation of the year 2010 as an International Year of Rapprochement of Cultures. We urge all the countries of the world and international organizations to actively contribute to the achievement of the goals set for that year, in the spirit of the Durban Declaration and the Program of Actions, i.e. to promote interreligious and intercultural dialogue, tolerance, mutual understanding and cooperation, and the efforts to address xenophobia and discrimination.

During Kazakhstan’s Chairmanship, special attention will be paid to the discussion of issues related to the improvement of mechanisms for combating human trafficking, with a special emphasis on trafficking of children.

In addition to the annual Warsaw meeting, we will convene a conference to celebrate the 20^th anniversary of the Copenhagen Document, which will review, among other things, the implementation of commitments related to the respect of fundamental human rights and freedoms, ethnic minorities and elections.

In addition to that, we intend to more effectively coordinate our efforts to address transnational threats and challenges, including terrorism, religious extremism, drug trafficking and organized crime.

 In this context, we will convene, under our Chairmanship, a conference on prevention of terrorism, to be held in October in Astana, and an anti-drug conference, to be held in July in Vienna.

We intend to more effectively ensure synergy between the OSCE activity and the work of other international organizations, first of all the UN and its Human Rights Council as well as the Council of Europe, with their extensive system of international legal instruments. In particular, the OSCE counts on close cooperation on gender equality and rule of law with the relevant UN bodies.

Mr. President,

Kazakhstan intends to use, to the full extent, the capabilities and capacity of the OCSE to promote ideas and principles of human rights protection in the OSCE area of responsibility.

In this regard, today we are taking practical steps to implement President Nazarbayev's proposal to hold an OSCE Summit in 2010, which has not been held for the last 11 years.

The last OSCE ministerial meeting in Athens supported the relevance and timeliness of this initiative. Leaders of several nations, including France, the Holy See, Italy, Russia and other CIS countries, Spain - the current EU President, and Turkey, not only have supported the proposal but also have actively contributed to the substantive work on the Summit agenda.

In our view, a discussion at the Summit of the most pressing issues of today, in the interests of each and everyone, will further promote the values of democracy and human rights in the OSCE vast zone of responsibility.

Mr. President,

Ladies and Gentlemen,

Concluding my remarks here, I would like to point out that Kazakhstan has always been and remains firmly committed to consistent efforts to strengthen protection of human rights and freedoms, to ensure political liberalization of our society and its adaptation to modern requirements and standards.

To achieve these goals, we intend to continue to work closely with the Human Rights Council and the Office of the High Commissioner for Human Rights to further promote democracy and human rights, both in our own country and around the world.

Thank you for attention.

Date of issue: 2010-03-03