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2007 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	75
54	Can citizens access the reports of the ombudsman?	100

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: Decree of the President # 947,Sept. 19, 2002 "On the establishment of the position of the authorized agency on human rights" (with amendments from the Decree of the President # 1474 from Nov. 29, 2004) [ LINK ]

Text of the decree is at [ LINK ] or available at [ LINK ]

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

Text of the decree is at [ LINK ] or available at [ LINK ]

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments:

References: Analytical Report at the request of Polyton Club Sophia Isenova Ombudsman (authorized on the human rights) As an Instrument of Anti-Corruption Activity (in Russian) June 21, 2006 [ LINK ];

Report of the National Human Rights Ombudsman of Kazakhstan on 2006 (in Russian) [ LINK ]

Peer Review Comments: No office in Kazakhstan is free from political interference.

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: The general opinion among the experts is that the ombudsman institution is not very strong. So far there have been no precedents of the removal of the ombudsman.

Kazis Toguzbayev Ombudsman in Kazakhstan As An Ancient Profession (in Russian ) Oct. 18, 2006 [ LINK ]

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: The list of the ombudsman's staff is available at [ LINK ] At the very begining the staff issue was a problem.

References: Ombudsman report on human rights in 2006, Office of Ombudsman of the Republic of Kazakhstan, 2006 (in Russian) [ LINK ];

Article Dinara Mukasheva Analytical Survey of the Ombudsman Institute As An Instrument of Anti-Corruption Policies (in Russian) July 17, 2006 [ LINK ]

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: The office of the ombudsman is not considered as an important career move, so appointments are out of clan rivalry.

References: Ombudsman report on human rights in 2006, Office of Ombudsman of the Republic of Kazakhstan, 2006 (in Russian) [ LINK ];

Article Dinara Mukasheva Analytical Survey of the Ombudsman Institute As An Instrument of Anti-Corruption Policies (in Russian) July 17, 2006 [ LINK ]

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments: Funding of the ombudsman office comes directly from the government.

Kazis Toguzbayev Ombudsman in Kazakhstan As An Ancient Profession (in Russian ) Oct. 18, 2006 [ LINK ]

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: The ombudsman office publishes reports quarterly and annually. Also there are special reports on the rights of the disabled, the elderly and children.

Reports by the ombudsman office 2006, 2005, 2004, 2003; Report on the activities in 2003, 2004, 2005, 2006 (in Russian) [ LINK ]

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: Usually the ombudsman writes a complaint to an official agency if certain rights have been violated.

Report of the National Human Rights Ombudsman of Kazakhstan on 2006 (in Russian) [ LINK ]

Peer Review Comments: It's not clear that the ombudsman has the authority or sway to initiate a criminal investigation.

Peer Review Comments: The public complaint mechanism is not effective, and the number of investigations in relation to the mandate of the ombudsman shows there is much more work to be done in addressing abuse of the office.

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The ombudsman institution still lacks some kind of authority among the officials. However, the number of activities it initiates is growing. Usually the ombudsman office starts the process of official complaints. People are skeptical about the ombudsman's abilities to start some serious debate.

Report Kikbai Kosayev Ombudsman Points Out to Majilis The Non-Correspondence of The Legal Amendments To The Questions of National Security To International Standards of Freedom of Faith (in Russian) July 22, 2005 [ LINK ]

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments: The main problem with the ombudsman office is that it is not constitutionally confirmed (it is established only by the decree of the president) and it has limited authority, e.g. it cannot intervene in court decisions.

References: Article Sara Shenderovich Auhtorized without Authorities Aug. 3, 2007 [ LINK ];

Report by the members of the EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW June 5, 2007 Official Opinion No. 425 / 2007 EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) ON the Possible Reform of The Ombudsman Institution in Kazakhstan Adopted by the Venice Commission at its 71st Plenary Session (Venice, June 1-2, 2007) on the basis of comments by Mr Peter PACZOLAY (Member, Hungary) and Mr Hjörtur TORFASON (Member, Iceland) [ LINK ](2007)020-e.asp

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: Article Sara Shenderovich Auhtorized without Authorities Aug. 3, 2007 [ LINK ];

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: The main publications of Ombudsman, including annual reports, are available since 2003 at [ LINK ];

Peer Review Comments: Access to the reports is still not as easy for citizens as elaborated. Often the site breaks down, which may or may not be planned. Also, the Internet is not as readily available as in the West.

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: The main publications of Ombudsman, including annual reports, are available since 2003 at [ LINK ];