[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 422 Introduced in House (IH)]







107th CONGRESS
  2d Session
H. CON. RES. 422

Expressing concern about continuing serious violations of human rights 
     and fundamental freedoms in Kazakhstan, including substantial 
  noncompliance with the Organization for Security and Cooperation in 
Europe (OSCE) commitments on human rights and democratization, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2002

Mr. Smith of New Jersey submitted the following concurrent resolution; 
     which was referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Expressing concern about continuing serious violations of human rights 
     and fundamental freedoms in Kazakhstan, including substantial 
  noncompliance with the Organization for Security and Cooperation in 
Europe (OSCE) commitments on human rights and democratization, and for 
                            other purposes.

Whereas Kazakhstan has been a participating state of the Organization for 
        Security and Cooperation in Europe (OSCE) since 1992 and has freely 
        accepted all OSCE commitments, including those concerning human rights, 
        democracy, and the rule of law;
Whereas Kazakhstan, as an OSCE participating state, has affirmed that every 
        individual has the right to freedom of thought, conscience, religion or 
        belief, expression, association, peaceful assembly, and movement, the 
        right to freedom from arbitrary arrest, detention, torture, or other 
        cruel, inhuman, or degrading treatment or punishment, and, if charged 
        with an offense, the right to a fair and public trial;
Whereas the OSCE participating states have committed themselves to build, 
        consolidate, and strengthen democracy as the only system of government, 
        and are also obligated to hold free elections at reasonable intervals, 
        to respect the right of citizens to seek political or public office 
        without discrimination, to respect the right of individuals and groups 
        to establish in full freedom their own political parties, and to allow 
        parties and individuals wishing to participate in the electoral process 
        access to the media on a nondiscriminatory basis;
Whereas Kazakhstan's President Nursultan Nazarbaev pledged, while visiting 
        President Bush on December 21, 2001, to ``strengthen democratic 
        institutions and processes, such as independent media, local government, 
        pluralism, and free and fair elections'';
Whereas the policies of the Government of Kazakhstan have imposed restrictions 
        on the activities of opposition parties, have led to the exile of 
        opposition figures and independent journalists, and have resulted in the 
        closure of independent and opposition media;
Whereas such assaults on basic freedoms have seriously limited the fora in which 
        individuals and groups may address grievances or otherwise participate 
        legally in the political process;
Whereas President Nazarbaev dissolved the Parliament of Kazakhstan in 1993 and 
        again in 1995 when he also annulled scheduled presidential elections and 
        extended his tenure in office until 2000 through a deeply flawed 
        referendum;
Whereas on January 10, 1999, President Nazarbaev was reelected in preterm 
        presidential elections from which a leading challenger was excluded for 
        having addressed the organization ``For Free Elections'', only because 
        that organization had not registered in accordance with the government's 
        mandatory registration process, and the OSCE assessed the elections as 
        falling far short of international standards;
Whereas Kazakhstan's October 1999 parliamentary election fell short of OSCE 
        standards because of widespread interference by government authorities, 
        according to the OSCE's Office of Democratic Institutions and Human 
        Rights (ODIHR);
Whereas the Parliament of Kazakhstan on June 22, 2000, approved draft 
        legislation that grants President Nazarbaev powers and privileges for 
        the remainder of his life that allow him to influence the legislative 
        and judicial branches of the government;
Whereas 2 Swiss bank accounts of President Nazarbaev and some accounts of his 
        immediate family members were frozen at the request of the United States 
        Department of Justice in connection with an ongoing investigation into 
        corruption and money laundering;
Whereas President Nazarbaev's family reportedly owns or controls all major media 
        outlets in Kazakhstan, including television, radio, and newspapers;
Whereas the independent media in Kazakhstan, which have a history of relative 
        freedom, have been pressured, co-opted, or fully silenced, so that only 
        a few underground outlets for the expression of independent or 
        opposition views remain, limiting the ability of the press to criticize 
        or comment on the President's policies or on high-level corruption;
Whereas the human rights situation of Kazakh citizens continues to decline, 
        opposition leaders remain in exile, and independent Kazakh journalists 
        have been physically attacked and their offices firebombed, attacked, or 
        robbed, most recently on May 21 and May 22, 2002;
Whereas the United States Department of State issued a statement on May 23, 
        2002, expressing ``deep concern'' that the attacks on members of the 
        media and on their offices ``suggest an effort to intimidate political 
        opposition leaders and the independent media and raise serious questions 
        about the safety of the independent media in Kazakhstan'';
Whereas President Nazarbaev in August 2001 orchestrated a trial in absentia 
        against his chief political rival, former Prime Minister Akezhan 
        Kazhegeldin, which the representative of the OSCE Center in Almaty, 
        Kazakhstan, observed and described as ``political and unfair'', and 
        about which the United States Department of State delivered a demarche 
        to the Government of Kazakhstan;
Whereas 2 members of a recently emerged opposition party, known as the 
        Democratic Choice for Kazakhstan, have been imprisoned; and
Whereas freedom of religion in Kazakhstan is jeopardized by Article 375 of the 
        Administrative Code of Kazakhstan, which mandates registration of all 
        religious groups and creates criminal penalties for groups and 
        individual leaders choosing not to comply, and which government 
        authorities have used to justify the imprisonment and beatings of 
        leaders of unregistered religious groups: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) expresses deep concern about the efforts by 
        Kazakhstan's President Nursultan Nazarbaev to remain in power 
        indefinitely and his willingness to manipulate constitutions, 
        elections, and legislative and judicial systems to do so;
            (2) urges the President of the United States, the Secretary 
        of State, the Secretary of Defense, and other United States 
        officials to make a more concerted and stronger effort to raise 
        with President Nazarbaev at every opportunity the concern about 
        serious violations of human rights, including noncompliance 
        with Organization for Security and Cooperation in Europe (OSCE) 
        commitments on human rights, democracy, and the rule of law;
            (3) urges President Nazarbaev to bring Kazakhstan into 
        compliance with OSCE commitments on human rights, democracy, 
        and the rule of law, by ensuring the conduct of free and fair 
        elections at all levels and allowing all citizens to 
        participate in the political process on an equal basis, without 
        intimidation or fear of reprisal;
            (4) calls on the Government of Kazakhstan to take every 
        necessary step to make possible the return of exiled political 
        leaders, most notably former Prime Minister Akezhan 
        Kazhegeldin, as well as other activists and journalists;
            (5) expresses support for independent organizations which 
        are qualified to review the Constitution of Kazakhstan and 
        recommend amendments which would protect human rights, 
        democracy, and the rule of law;
            (6) calls on President Nazarbaev to establish conditions 
        for independent and opposition media to function without 
        constraint, limitation, or fear of harassment; and
            (7) urges the Voice of America and RFE/RL, Incorporated to 
        expand broadcasting into Kazakhstan, in order to assure that 
        the peoples of the region have access to unbiased news and 
        programs that support respect for human rights and the 
        establishment of democracy and the rule of law.
                                 <all>