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Kazakhstan Draft Legislation Affecting NGOs- NGOs - Global policy Forum Kazakhstan Draft Legislation Affecting NGOs
Simon Forrester *
INTRAC
April 25, 20031. Background
There is no provision in Kazak law defining the status of NGOs (Non-Governmental Organisations); instead, it concentrates on laws governing the activities of ‘non-commercial organisations’. There is also no provision to allow State funds to be directly used by non-State bodies. However, a document describing the ‘concept’ of Social Order has been adopted by the State and in various National Programmes approved by the Executive there is reference to entities entitled ‘NGO’ (for example, the National Poverty Reduction Programme, 2003-05). Furthermore, there are signs of increasing impatience on behalf of the President’s office that more should be done for non-governmental agents to engage in effective social service delivery. Similarly, there are clear political pressures being exerted to avoid any strengthening of political opposition and to reduce generally the levels of political debate outside existing (limited) mechanisms. Both these points were illustrated in recent speeches by the President, by ‘on the ground’ activities of local officials, and the recent change in law restricting the numbers of active political parties.
It can also be noted that the government is beginning to plan ahead for a series of State elections. Next year there will be some Parliamentary seats up for election, pilot local government elections, with a Presidential election in 2005. Incumbent President Nazarbeyev clearly has no intention of giving any ground to political opposition and is eager to build loyal support in the poorer, most neglected rural areas. Some argue this is the reason for the current Government focus on rural development and land reform.
2. Current Draft Legislative Plans
Law on Social Partnerships
For nearly a year a group of non-government and Government organisations, with support from UNDP and ICNL, have been working on creating a draft law to govern relationships between State and NGOs, particularly in terms of ‘social contracts’. Those involved include CAID and KNOK, with the lead State body being the Ministry of Culture, Information and Social Accord (MCISA). Some ideas from this group have been shared at a number of events, including a roundtable with NGOs in January 2003. Not much has actually been shared in terms of various possible models of Social Partnership, however, and the groups have tended to work in isolation and are a long way from being able to present a draft law.
Law on Non-Governmental Organisations
This draft has come direct from MCISA, without any external inputs or dialogue with civil society. It was presented in March 2003, with a Government timetable to try to pass it through Parliament before the end of April! This timetable has now slipped, but it is still planned to get into a May session of Parliament.
The draft has received condemnation from a large range of CSOs and from international organisations. The main reasons for the criticism are:
The draft does not substantially address any problems existing in current legislation;
The process of drafting the law did not involve any consultations and was not done in the spirit of participation;
It introduces the term ‘NGO’ without any clear definition, thus leaving open the opportunities for abuse through wide interpretation;
It includes unnecessary and unsubstantiated references to religious and political purposes of NGOs, giving room for exclusion of certain organisations and prosecution of others; and,
It will create problems for international NGOs, as it limits the forms these may take and introduces the burden of reporting on activities and funding to the State. 3. Position of Kazak and International Organisations
There is a loose National Council on Civil Society Development, made up of mainly pro-Government groups, pro-Government political parties, various line Ministries, and some prominent individuals from civil society, such as Murat Auezov and Evgeny Zhovtis. This group has met to discuss the law on Social Partnerships, not the NGO draft law. It is, by some accounts, considered to be a rather toothless, ineffective and non-representational body.
ICNL have led in the process of providing legal analysis of the NGO law draft and have categorically stated that the draft should neither be adopted as it is, nor revised. OSCE have no formal opinion on the draft, but have taken the lead in facilitating discussion amongst the international community and have expressed deep concern about the draft: "This is very dangerous legislation and shows bad practice in legislative drafting".
A group of significant NGO Support Organisations and NGO associations and networks have formed a coalition to lobby against the NGO law draft and to seek the imposition of consultative mechanisms to improve legislation effecting civil society. This coalition consists of the seven Counterpart-supported Civil Society Support Centres, IDC, CAID, Coalition of Women's Organisations, Eco-Forum, and the network of Youth Information Centres. It has begun a nationwide petition campaign and plans to hold roundtable discussions with the Government in Astana in mid-May.
A number of NGOs have chosen not to join the coalition in belief that more radical action is needed: Namely that dialogue is not necessary over this particular piece of draft legislation and that the draft should be dropped immediately. The Feminist League is one such organisation and it intends to lead an alternative protest.
About the Author: Country Manager (Kazakhstan/Kyrgyzstan), INTRAC Central Asia Programme.
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