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2007 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	100
2	Are good governance/anti-corruption CSOs able to operate freely?	75
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	75

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: According to this article 3. Formation and functioning of public associations pursuing the goals or actions directed toward a violent change of the constitutional system, violation of the integrity of the Republic, undermining the security of the state, inciting social, racial, national, religious, class and tribal enmity, as well as formation of unauthorized paramilitary units shall be prohibited.

4. Activities of political parties and trade unions of other states, religious parties as well as financing political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations shall not be permitted in the Republic.

References: Constitution of the Republic of Kazakhstan, Article 5 , parts 3 and 4. It recognizes ideological and political diversity of civic organizations and their equality under the law. The state can not interfere into the activities of these organizations.

Peer Review Comments: While de jure the Kazakhstan government allows civil society associations to form, the freedom to operate is limited.

Peer Review Comments: Sometimes other laws -- e.g., a law on non-governmental organizations, a law on political participation, etc. -- will affirm this right.

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: There was an attempt to introduce amendments to the law on non commercial organizations with much more restriction on the activities of the NGOs, but later the Constitutional Council recognized these amendments as contradictory to the constitution. [ LINK ]

References: Constitution, article 5. [ LINK ]

Law on non-commercial organizations [ LINK ]

Peer Review Comments: Following the Tulip Revolution in Kyrgyzstan, attempts to curb funding of non-governmental organizations have been taking place.

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: According to the article 12 of the law on non-commercial organizations, foundations should publish reports on the use of their funds and property.

References: Article 12 of the law on non-commercial organizations [ LINK ]

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments: Starting from 2005, there has been some pressure on NGOs and state officials who initiated a project of a new law with much harder conditions, which was later vetoed by the president. There is some movement from the state to place some state-funded civil orders and tasks among the NGOs. in 2005, the Kazakhstan government joined to EITI initiative, also with the participation of NGOs.

References: Interview by Zhetpisov Dzhalal;

Interview with Valentina Sivrukova;

Look to the back from Moskow Feb. 26, 2007 [ LINK ] in Russian;

Editorial in Expert Kazakhstan 18(44) / Sept. 19, 2005 ARS AMANDI [ LINK ] in Russian

Peer Review Comments: The government has been careful to avoid any direct blockage of non-governmental organizations, especially given its desire to chair the Organization for Security and Co-operation in Europe, but it does so in a multitude of subtle ways, as do many other governments in the former Soviet Union.

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments: The state has considered NGOs as agents of other states for some time and some tension among the NGOs and the state was going on in 2005. It has subsided in 2006. However, the NGOs are still not involved in decision-making, but the state took some steps to improve the situation. It was suggested to create a Public Chamber with NGO participation to review legal initiatives. In general, NGOs consider themselves distant from the decision-making process.

References: Profesional study Aitenova Sholpan et alia, 2007 2005-2007 Two Years of Realization of EITI in Kazakhstan. Conclusions and Recommendations [ LINK ]

Article Bekenov Alim, May 10, 2005 Authorities of Kazakhstan Change the Order of NGO Work [ LINK ]

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: The government is trying to take an initiative in the work with NGOs. A special law is adopted to place the government order among the NGOs with applicable government financial support. The goal is to attract NGOs to fulfill some social projects.

References: Report by the Center for Journalism in Extreme Situations Orninsky Nikolai 2006 Media and NGO in Kazakhstan [ LINK ];

News report Interfax III Civil forum Is Prepared for Convocation July 31, 2007 [ LINK ] in Russian

Peer Review Comments: Some non-governmental organization representatives have expressed concern that partial or full funding by the state is a possible means of exerting control over those NGOs.

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Interview with Vlad;

Interview with Eugene

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Interview with Dina Sharipova, senior lecturer KIMEP Aug. 15, 2007, Almaty

Interview with Vlad Yritsyn, journalist www.zonakz.net Internet newspaper Aug. 14, 2007, Almaty

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Interview with Dina Sharipova, senior lecturer KIMEP Aug. 15, 2007, Almaty

Interview with Vlad Yritsyn, journalist www.zonakz.net Internet newspaper Aug. 14, 2007, Almaty

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments:

References: Constitution, Article 23, section1 [ LINK ])=en&L1=L1&L2=L1-9

Peer Review Comments: Trade unions are not the same as in the West, and this may not serve as a valid indicator of any freedom of association.

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: There is some general feeling that businesses have a much more powerful lobby in comparison with trade unions.

References: Article in a journal.

Philip Prokudin Trade Union As A School of A Citizen. Expert-Kazakhstan (in Russian), April 16, 2007 [ LINK ];

Program. ILO. 2007. National Program of Adequate Labor in Kazakhstan for 2007-2009 (in Russian)

[ LINK ]