Kazakhstan: Situation of Russian minorities; state protection and support services
1. Overview
Sources indicate that ethnic Russians make up between 23 and 26 percent of the population (UN 1 Feb. 2010, para. 3). Russians are the country's largest minority (Kazakhstan 8 June 2009; The Advocates for Human Rights 18 Aug. 2010), while Kazakhs are the majority ethnic group, accounting for 59 percent of the population (Kazakhstan 8 June 2009; UN 1 Feb. 2010, para. 3). Several sources state that Russian minorities are concentrated in the northern (Brubaker Nov. 2011, 1793; MAR 31 Dec. 2006) and eastern regions of Kazakhstan (MRG n.d.a; Peyrouse 2008, 4).
A Minority Rights Group International (MRG) country profile describes the situation of Russian minorities in Kazakhstan as follows:
Nationalistically minded Kazakhs perceive Russians as conquerors, who repressed their language, culture and religion, and they blame Russians for environmental damage caused by nuclear testing in the Semipalatinsk region. Russians, for their part, consider they have made a positive contribution to the economy and culture of Kazakhstan and feel discriminated against. (n.d.a)
The Advocates for Human Rights, a US-based non-profit organization that focuses on research, education, advocacy and promotion of human rights (n.d.), states that the post-independence policy of "Kazakhization" has reduced the political and economic status of Russians (18 Aug. 2010).
2. Language
Sources indicate that Kazakh is the state language (US 24 May 2012, 31; UN 1 Feb. 2010, 2). While a report by the UN Human Rights Council's independent expert on minorities issues states that Russian is used in government bodies on "an equal footing" with Kazakh (ibid.), the US Department of State indicates that Russian is used in some bodies of local self-administration (US 24 May 2012, 31). Two sources state that the government is developing a plan to ensure that 95 percent of the population is able to speak Kazakh by 2020 (Kazakhstan n.d.c; MRG July 2011, 128). According to the 2011 MRG report, only 6 percent of ethnic Russian can read and write Kazakh and 25 percent of them can understand spoken Kazakh (ibid.).
The US Department of State's Country Reports on Human Rights Practices for 2011 notes that "[b]y law the ability to speak Kazakh is not required for entry into the civil service, but most government agencies officially have switched to conducting business in Kazakh" (US 24 May 2012, 31). Sources indicate that authorities discriminate in favour of ethnic Kazakhs in government employment (ibid.; UN 1 Feb. 2010, para. 36). According to the report of the UN independent expert on minorities issues, there are no employment quotas for people belonging to minorities in the public sector (ibid., para. 33).
Sources state that there has been a reduction in the number of Russian-language schools (US 24 May 2012, 31) or minority language schools as the number of Kazakh schools has increased (UN 1 Feb. 2010, para. 46). However, the report of the UN independent expert notes that, according to the government, 68 percent of the students in higher education institutions are taught in Russian and university entrance exams can be written in Russian or Kazakh (ibid., note 18 and para. 51).
3. State Measures
3.1 Legislation
The report of the UN independent expert indicates that Article 14 of the Constitution prohibits discrimination on the grounds of national origin (UN 1 Feb. 2010, para. 28). The Article states that
no one shall be subject to any discrimination for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence or any other circumstances. (ibid., para. 30)
The report notes that Kazakhstan has ratified human rights treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (ibid., para. 5). The report further states that the following provisions prohibit discrimination: the Criminal Procedures Code, Article 21; the Civil Procedures Code, Article 13; the Labour Code, Articles 4, 7, 22 and 145; the Law on Employment, Article 5; the Law on Migration, Article 3; and the State Service Act, Article 12 (ibid., para. 30). However, the UN independent expert emphasizes that there is "no comprehensive anti-discrimination legislation" (ibid.).
The report of the UN independent expert indicates that according to the Kazakh government, courts have never received any cases of discrimination on the grounds of ethnicity or nationality (UN 1 Feb. 2010, para. 33). However, the report adds that according to NGOs,
the absence of court cases regarding racial discrimination reflects not an absence of discrimination, but rather an inadequate legislative framework, a lack of independent and effective mechanisms for individuals to make complaints and a lack of public confidence in the process. (UN 1 Feb. 2010, para. 34)
3.2 Assembly of the People
Two sources state that the Assembly of the People is the principal consultative body that deals with minority issues (Peyrouse 2008, 10; UN 1 Feb. 2010, para. 18). The Assembly has more than 430 members, "representing 40 of the largest ethnic groups" (ibid., para. 19). According to a research paper by Sebastien Peyrouse, who was a research fellow at the Central Asia and Caucasus Institute of the Johns Hopkins University in Washington, D.C., members of the Assembly are not elected, but appointed by the government authorities (Peyrouse 2008, 10). The Assembly promotes
ethnic cultures, languages and traditions; fosters national and ethnic patriotism; strengthens inter-ethnic unity; … makes recommendations for State policy … [and] ensures effective interaction between Government and civil society in the field of interethnic relations and assists Government in combating extremism. (UN 1 Feb. 2010, para. 19)
The report of the UN independent expert indicates that "civil society sources dispute the representative nature and scope of powers provided to the Assembly" (ibid., para. 21). The Advocates for Human Rights also state that the Assembly lacks judicial power (18 Aug. 2010).
3.3 Ombudsman
According to the website of the Commissioner for Human Rights (Ombudsman), the Ombudsman is appointed by the President of the Republic (Kazakhstan n.d.b). The website indicates that citizens of Kazakhstan, foreigners and non-citizens can submit complaints to the Ombudsman "against the actions (inactions) and decisions of state bodies, organizations and officials" who have violated persons' rights (ibid.). However, the Ombudsman does not review complaints against actions and decisions of: the President of the Republic of Kazakhstan, the Parliament and its members, the Government, the Constitutional Council, the Prosecutor General, the Central Electoral Commission, and courts (ibid.). Country Reports 2011 indicates that NGOs as well as parliamentarians "regularly" criticize the "ombudsman's weakness" (US 24 May 2012, 24). Similarly, the report of the UN independent expert emphasizes that the Ombudsman's reports "include only brief reference to cases of discrimination and commonly find no proof" (UN 1 Feb. 2012, para. 32).
3.4 Presidential Commission on Human Rights
The Presidential Commission on Human Rights is a consultative and advisory body that oversees human rights issues in Kazakhstan (US 24 May 2012, 24; UN 1 Feb. 2010, para. 32). The Commission is attached to the office of the President and in 2010, it had 22 members "representing various elements of Kazakh society" (ibid.). According to Country Reports 2011, the Commission "investigates complaints, issues recommendations, [and] monitors fulfilment of international human rights conventions" (US 24 May 2012, 24). In 2011, the Commission received 1,624 complaints, 35 percent of which were related to religious issues and 23 percent were addressing ineffectiveness of the judicial system (ibid.). Country Reports indicates that the Commission is not legally authorized to "remedy human rights violations or implement its recommendations" (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
The Advocates for Human Rights. 18 August 2010. "Ethnic Minorities." <http://www.stopvaw.org/ethnic_minorities.html> [Accessed 27 July 2012]
_____. N.d. "Advocates for Human Rights." <http://www.theadvocatesforhumanrights.org> [Accessed 27 July 2012]
Brubaker, Rogers. November 2011. "Nationalizing States Revisited: Projects and Processes of Nationalization in Post-Soviet States." Ethnic and Racial Studies. Vol. 34, No. 11.
Kazakhstan. 8 June 2009. Embassy of the Republic of Kazakhstan in Canada. "General Information." <http://kazembassy.ca/?cat=14> [Accessed 9 July 2012]
_____. N.d.a. Embassy of the Republic of Kazakhstan in the United Kingdom. "Uyghur and Russian Diasporas in Kazakhstan." <http://www.kazembassy.org.uk/uyghur_and_russian_diasporas_in_kazakhstan.html> [Accessed 18 July 2012]
_____. N.d.b. Commissioner for Human Rights. "How to Complain to Ombudsman." <http://www.ombudsman.kz/en/sityzens/poryadok/php> [Accessed 26 July 2012]
_____. N.d.c. Embassy of the Republic of Kazakhstan, New Delhi. People's Assembly Prepares New Era of Social Services. <http://www.kazembassy.in/documents/ PeoplesAssemblyPreparesNewEraofSocialServices.pdf> [Accessed 8 Aug. 2012]
Minorities at Risk (MAR). 31 December 2006. "Assessment of Russians in Kazakhstan." <http://www.cidcm.umd.edu/mar/assessment.asp?groupId=70501> [Accessed 9 July 2012]
Minority Rights Group International (MRG). July 2011. Joshua Castellino, Irwin Loy, Matthew Naumann, Marusca Perazzi and Jacqui Zalcberg. "Asia and Oceania." State of the World's Minorities and Indigenous Peoples 2011: Events of 2010. <http://www.minorityrights.org/?lid=10848> [Accessed 9 July 2012]
_____. N.d.a. "Kazakhstan: Russians, Ukrainians, Belarusians." <http://www.minorityrights.org/?lid=2363&tmpl=printpage> [Accessed 9 July 2012]
Peyrouse, Sebastien. 2008. "The Russian Minority in Central Asia: Migration, Politics, and Language." Kennan Institute Occasional Paper No. 297. Washington, DC: Woodrow Wilson International Center for Scholars. <http://www.wilsoncenter.org/sites/default/files/OP297.pdf> [Accessed 11 July 2012]
United Nations (UN). 1 February 2010. Human Rights Council. Report of the Independent Expert on Minority Issues. Addendum: Mission to Kazakhstan. (A/HRC/13/23/add.1) <http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G10/106/02/PDF/G1010602.pdf?OpenElement> [Accessed 9 July 2012]
United States (US). 24 May 2012. Department of State. "Kazakhstan." Country Reports on Human Rights Practices for 2011. <http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?dynamic_load_id=186466> [Accessed 4 July 2012]
Additional Sources Consulted
Oral sources: Attempts to contact representatives of the following organizations were unsuccessful: Almaty Helsinki Committee; Commissioner for Human Rights, Kazakhstan; Embassy of Kazakhstan, Ottawa; Kazakhstan International Bureau for Human Rights and Rule of Law; Russian Community of Republic of Kazakhstan; Russian Union of Republic of Kazakhstan; Soros Foundation – Kazakhstan.
Internet sites, including: Almaty Helsinki Committee; Amnesty International; BBC; CentreAsia.ru; Eurasia.org.ru; EurasiaNet.org; European Union – Delegation of the European Union to Kazakhstan; Fédération internationale des ligues des droits de l'homme; Freedom House; Gallup; Gazeta.kz; Human Rights Watch; International Crisis Group; Institute for War and Peace Reporting; International Partnership for Human Rights; Kazakhstan – Assembly of People of Kazakhstan, Constitutional Council of the Republic of Kazakhstan, Embassy of the Republic of Kazakhstan, Washington, D.C., Government of the Republic of Kazakhstan, Ministry of Culture and Information, Official Site of the President, Parliament, Statistics Bureau, Supreme Court; Kazakhstan International Bureau for Human Rights and Rule of Law; Kazakhstanskaya Pravda; Komsomolskaya Pravda; Novaya Gazeta; Refugees International; Russianskz.info; Soros Foundation – Kazakhstan; Time.kz; Transitions Online; UN – Integrated Regional Information Networks, Office of the High Commissioner for Human Rights, UNHCR Refworld, UN Women; US – Central Intelligence Agency.