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2008 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?	33
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	88

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: Kazakhstani legislation doesn't set any limitations on the creation or activities of civil society organizations (CSOs) focused on anti-corruption or governance.

Non-profit organizations can be created to help achieve social, cultural, scientific, educational, charitable, and administrative goals; protect the legal rights and interests of citizens and organizations; resolve disputes and conflicts; enhance the cultural wealth of citizens; protect citizens health; protect the environment; develop physical culture and sports; render legal assistance; and assist with other goals directed toward public wealth and the wealth of their members (participants). From Law of Kazakhstan

Citizens of Republic Kazakhstan have the right of freedom of association. From Constitution

References: Law of the Republic of Kazakhstan on non-profit organizations, January, 16, 2001, N 142-II (with changes and additions in accordance with the state on July 21, 2007), Article 4

Constitution of the Republic of Kazakhstan (adopted on referendum in August,30,1995) (with changes and additions in accordance with the state on May 21, 2007), Article 23

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

Score:

YES

Comments: Funding of non-profit organizations in monetary and other forms may come from

1) receipts from founders (participants, members).

2) voluntary property payments and donations.

3) receipts (income) from goods, works, or services, in cases established by the legislation.

4) dividends (income), compensation (interest) received from stocks, bonds, other floaters and deposits.

5) other income not forbidden by the law.

References: Law of the Republic of Kazakhstan on non-profit organizations, January, 16, 2001, N 142-II (with changes and additions in accordance with the state on July 21, 2007), Article 35

Peer Review Comments: As I understand the issue, Parliament has discussed before putting some limitations on this and asked for the information about the sources of finances. So, at least, some encroachments were made to limit this right.

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

Score:

YES

Comments: 1) The non-profit organization conducts bookkeeping and statistical reporting in the order stipulated by legislation of Kazakhstan.

2) The non-profit organization gives information of its activites to state statistics and tax bodies, to founders and to other persons according to the legislation and constituent documents of non-profit organization.

According to the legislation, the non-profit organization that carries out activitities thanks to means offered gratis by foreign states, international and foreign organizations, foreigners, and/or persons without citizenship gives to tax bodies a report of how such funding is used.

References: Law of the Republic of Kazakhstan on non-profit organizations, January, 16, 2001, N 142-II (with changes and additions in accordance with the state on July 21, 2007), Article 41

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:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Peer Review Comments: During 2007, several newspapers, backed by the state, called some NGOs "traitors of the republic." This does not count as a state-created obstacle, but it does illustrate how NGOs are treated. See [ LINK ].

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

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Peer Review Comments: The policy process in Kazakhstan provides limited access for NGOs. They do participate in policy discussions, but they complain that the state or legislature are somewhat reluctant to pay attention to their comments.

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

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

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

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: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

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: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

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: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Can citizens organize into trade unions?

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

Score:

YES

Comments: Public association that doesnt contradict legislation is allowed within political parties, trade unions and other citizens associations created on a voluntary basis so they can for achieve their overall aims.

Participants (members) of public associations have no rights conferred upon them by these associations. Citizens are not responsible for obligations incurred by public associations in which they participate as members, and the specified associations do not answer for obligations of its members.

References: Civil Code of the Republic of Kazakhstan (with changes and additions as of July 8, 2007), Article 106

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

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan