Freedom of Association Under Threat - Kazakhstan

Oil and gas development has spurred significant economic growth in the Central Asian state of Kazakhstan since it gained independence from the Soviet Union in 1991. However, democratic development has not made the same gains. Kazakhstan has been ruled by President Nursultan Nazarbayev since before independence, and in May 2007 he secured constitutional amendments that exempt him from term limits, clearing the path for him to become president for life. Nazarbayev's Nur Otan party secured all seats in the August 2007 parliamentary elections, further consolidating the his grip on power.

Despite the constitutional guarantee of freedom of association, there are restrictions that limit the activities of nongovernmental organizations (NGOs) and independent unions as well as the ability of citizens to criticize the government. Nazarbayev's strategy for the associational sector has been one of co-option, encouraging close ties between associations and government institutions. Of the nearly 4,000 NGOs registered as of 2005, approximately 800 were active, and fewer than 10 percent were involved in the fields of human rights, civil liberties, and minority protection.

Freedom of Association

Freedom of association is enshrined in Article 23 of the constitution, but NGOs face registration and other legal requirements that limit their freedom in practice. Membership associations, including religious groups, are required to have 10 members to register at the local level; to register at the national level, they must have branches in over half of the country's regions. These organizations must register with the Ministry of Justice (MOJ) and with local MOJ offices in every region in which they are active. Associations are required to clearly define the scope of their activity, and actions beyond this scope can result in fines or suspension. Participation in unregistered associations can incur punishments that range from fines to imprisonment.

In addition to a constitutional ban on the formation and functioning of public associations engaged in "undermining security of the state" or committing a "violation of the integrity of the Republic," the 2005 Law on Extremism established harsh punishments for terrorist activities and financing. In recent years, the government has banned several radical Islamist groups, including Hizb ut-Tahrir (HT), the Jamatt of Central Asian Mujahedin, and the Islamic Movement of Uzbekistan (IMU), which is considered a terrorist organization by the U.S. government. In May 2007, a court sentenced 10 alleged members of banned terrorist groups to between 2 and 25 years in prison, and a closed trial of 30 alleged HT members began in August 2007.

Amendments to the Election Law in 2005 imposed additional limits on international NGOs, banning foreigners and foreign NGOs from affecting electoral results or assisting in the promotion or election of candidates, which could hamper the activities of NGOs that promote democracy.

The financial framework governing NGOs has undergone significant changes in recent years, although the lack of clarity in certain aspects of the law remains detrimental. Article 5.2 of the constitution bars the state from financing public associations, but the 2005 Law on State Social Contracts permits the government to hire NGOs to provide social services. In 2005, as much as $3.5 million was disbursed through such contracts, and the sum is expected to increase yearly. However, there are no clear guidelines on how state funds are to be awarded to NGOs, creating the potential for corruption and political bias in the contracting process. Furthermore, in cases where there are no local NGOs to compete for contracts, local authorities have reportedly established NGOs specifically to receive the funds. Some analysts believe that the government's intention in permitting contracts for NGOs was to reduce the sector's reliance on foreign donors. However, given that the majority of contract funds have gone to NGOs operated by the government in recent years, independent NGOs still rely on foreign funding.

There have been several positive developments in the financial framework for NGOs. Under the tax code in effect since 2002, NGOs are exempt from paying taxes on earnings from economic activities and are entitled to pay lower property taxes. Since January 2007, NGOs have not been required to pay taxes on funds received through state contracts, and in 2006 the government reduced the registration fee for NGOs from about $150 to about $60.

NGOs involved in sensitive issues, such as human rights, have faced harassment from the government because of their work. These groups have experienced difficulties in registering and securing office space, and have been subject to a higher frequency of audits. In 2005, for instance, at least 30 such NGOs were investigated on charges that they had funneled aid money from foreign donors to opposition parties.

Worker Rights

Although Article 24.1 of the constitution guarantees freedom of labor, this right is restricted in practice. Kazakhstan's largest union organization, the Federation of Trade Unions, is a collection of Soviet-era unions that is still affiliated with the government. Although independent unions exist, they have not been effective in shaping labor outcomes. Trade unions are required to apply with the MOJ to obtain legal status. The financing of Kazakh unions by foreigners is prohibited by law.

Article 24.3 of the constitution guarantees workers the right to strike, but this right is also restricted in practice. Generally, workers are permitted to strike only if arbitration has been unsuccessful, and they must give their employers 15 days' notice. Moreover, the government has established a list of organizations that must obtain special permission to strike because they provide essential services. Collective bargaining is allowed, provided that agreements do not reduce protections granted to workers in contracts or by law.

Freedom of Assembly

The constitution's Article 32 guarantees citizens the right to peacefully assemble and hold meetings, rallies, and demonstrations. However, the authorities can curtail this right in the name of state security and public order. In April 2005, the government banned demonstrations during elections, specifically from the day before voting starts until the official count is announced by the electoral commission, which can take as long as 10 days. The maximum punishment for violating this ban is a fine amounting to between 10 and 15 times the average monthly wage of a Kazakhstan citizen. In addition, organizations and individuals seeking to hold a demonstration must first gain the permission of local authorities, and reports indicate that requests are frequently denied.

Participants in peaceful demonstrations are often intimidated or arrested in an effort to curb criticism of the government. In 2007, demonstrators were primarily targeted for publicly objecting to the May constitutional amendments. On May 24, journalist Sergei Duvanov was arrested and later fined for "organizing unsanctioned gatherings" after he led some 30 demonstrators in central Almaty to protest the amendments. On May 29, police detained journalist Yekaterina Belyayeva in Almaty for holding a sign that was critical of the amendments. Authorities on June 8 arrested several members of Socialist Resistance, a youth movement, for holding an unapproved rally to oppose the government and ruling party.