Statement by H.E. Mr. Kassymzhomart Tokaev, Minister of Foreign Affairs of the Republic of Kazakhstan, at the 60th Session of the UN Commission on Human Rights
(March 18, 2004, Geneve)

Mr. Chairman,

It is an honour for me to extend Kazakhstan’s best wishes to you in the fulfilment of your important role. I also would like to thank Acting High Commissioner Bertrand Ramcharan for his continued contribution to strengthening the role of the Commission on Human Rights. We in Kazakhstan pay tribute to the late Sergio de Mello who sacrificed his life for the sake of promoting human rights.

Ladies and gentlemen,

Unfortunately, we live in times when the news is dominated by violence and conflicts that seriously challenge the promotion and protection of human rights. The international community has to respond effectively to this challenge. While expressing our deep sympathy and respect for the Spanish people who have been subjected to a large scale terrorist attack, we have to admit that our perception of the terrorist network and the nature of terrorism itself appears to be outdated and out of touch with reality. We have to admit that terrorism has become an ideology of predominantly young people, marginalised and frustrated by the injustice, inequality, poverty and hypocrisy that unfortunately exist in the contemporary world. We have to admit that violations of human rights have become one of the most dangerous sources of instability in the world today.

The international community – the big Powers included – must realize that although active efforts to strengthen security are very important, even necessary, it is no less important to creating a global atmosphere, a comprehensive system of intolerance to terrorism. Otherwise it will be an endless war with numerous innocent victims whose basic right to live peacefully will be constantly in jeopardy. Let us ask ourselves a question: what have we done to eradicate and demolish the ideological and material background of terrorism? The answer is clear: did almost nothing. Almost nothing has been done to reduce poverty and disease all over the world; the efforts of the international community to curb illegal drug trafficking are still inefficient; human trafficking and slavery are common practices in many regions and countries including those who are considered to be developed.

The international community, while addressing the issue of human rights, has to be more comprehensive in its assessment of the present challenges and threats to the security and safety of all people. We have to state clearly that terrorism poses a direct threat to human rights; at the same time, the situation will remain dangerous unless effective and radical measures are taken in social and political spheres to upgrade the living standards of the people, to improve economies, to develop an equal and just relationship between the rich and the poor, to curb illegal revenues from drug trafficking, to promote basic political freedoms and human rights. We are convinced that this is the most important issue on the agenda for human rights, which has to be properly addressed by all of us. The struggle to preserve human rights is not only about combating violence and conflicts, it is also about securing civil, cultural, economic and social rights for all citizens.

Mr. Chairman,

Kazakhstan, as a newly independent country, has since its independence declared its firm commitment to establishing a civil society and securing human rights. It was a serious challenge for the whole country, given that we had never experienced this policy in our history before. Our historical background was so complicated that very few people even believed we would be able to make our country safe and secure, far less promote human rights in the broader sense. However we have managed to bring together more than one hundred ethnic groups and nationalities, with 40 different religions and confessions, in building a civil society and pursuing democracy. Kazakhstan has not only avoided interethnic conflicts such as have occurred in some post-soviet countries, but has created a favourable climate for economic and political reforms. The cultural, ethnic and religious diversity in Kazakhstan is an astonishing illustration of the human rights enjoyed in my country. In this context it is important to mention that Kazakhstan has been recognized by all international institutions as a market economy on its way to becoming sustainable. The process of transforming political institutions has also made real progress. As far as political reforms are concerned, our objective is quite clear: to make our society more transparent and more open to the international community.

A few days ago, Kazakhstan’s parliament approved a new law on elections. This basic law, despite some shortcomings, is in general a real step forward in enhancing democracy in my country and ensuring the right of a multiethnic people to elect and to be elected. The conformity of this law to international standards is crucial given the upcoming parliamentarian elections in Kazakhstan. Today there are nine political parties contending for seats in parliament. The government is willing to create all the conditions to make these elections open, honest and transparent.

In acceding to the international covenants on civil and political and on economic, social and cultural rights last December, Kazakhstan once again demonstrated its commitment to democratic values. Our support of the fundamental covenants of the United Nations in the field of human rights fully corresponds to our policy of building a civil society and promoting basic freedoms irrespective of sex, ethnicity or religious belief.

The President of Kazakhstan has issued a Decree declaring a moratorium on the death penalty. This decision has attracted positive feedback from the international community, including OSCE and the European Union.

We attach great importance to establishing and developing an independent and effective judicial system. It is a matter of top priority, since the efficiency of legal proceedings needs to be drastically improved. This is a matter of growing popular demand, a challenge for the growing democracy in my country.

The government of Kazakhstan has therefore set up a Special commission on implementation of international humanitarian law and human rights agreements. In this respect I would like to express our willingness to arrange a visit by the Special Rapporteur of the Commission on Human Rights Mr. Leonardo Despui so that he can get acquainted with the legal system of Kazakhstan.

We also place a very high priority on the rights of women in our society. The government’s master guidelines on gender policy are now being implemented in all spheres of political and social activities. It is only when men and women enjoy equal rights and opportunities that sustainable development can be achieved.

It is necessary to mention our record in securing the rights of children. Kazakhstan’s report on implementation of the Convention on the rights of the Child was well received by the relevant international institutions, including the United Nations.

We closely cooperate with the UN agencies in addressing acute issues of environmental protection and public health services.

We are committed to supporting NGOs whose number is constantly growing and has reached 4500. From our point of view, this is a clear and strong evidence that securing human rights in Kazakhstan has already become a prominent feature of our internal policy.

The government of Kazakhstan has passed a National Plan of Action to curb human trafficking.

Mr. Chairman,

My purpose is not to make a detailed report on all our achievements in pursuing democracy. My objective is to send a message to the international community that Kazakhstan, although facing a number of challenges and difficulties, has firmly embarked on the path of promoting basic human rights. The historical choice has been made by the people of my country. This policy is irreversible. However I urge the international community, including the Commission on Human Rights, to assist this process by giving responsible and down-to-earth recommendations in keeping with our historical background and current political realities. We are ready to cooperate with all institutions and organizations. Kazakhstan, no less than other countries and international organizations, is sincerely interested in achieving the universal objective of democracy and a civil society.

Mr. Chairman,

We pay due tribute and respect to the Commission on Human Rights. It must be said, however, that this body needs to be more comprehensive when assessing abuses of human rights in different regions and countries. Kazakhstan’s view on this problem is clear: documents, resolutions and judgements should not be motivated by the interests or positions of one country or a group of countries but should stem from the very essence of the problems that exist. It is also very important to watch how matters develop, to see whether there is any progress, any movement ahead, whether there is a serious and sincere willingness in a country to promote human rights, or whether there is a lack of progress, a lack of commitment to democracy. In general, international dimensions must prevail over national goals and interests. In this respect we support the view expressed at this conference by the representative of Japan; with regard to those states that are making efforts to improve their human rights situations, our basic position is to encourage those efforts rather than condemn any shortcomings. We are convinced that the Commission on Human Rights has a vital role to play in assisting governments to promote democracy and human rights. Otherwise the Commission will lose its " raison d’etre ".

Therefore we, in Kazakhstan set great store by the appointment of Ms. Louise Arbour to the post of the United Nations High Commissioner on Human Rights, and wish her every success in her noble mission.

Thank you for your attention.