#Kazakhstan as positive illustration of human-rights advances in Central Asia

The EUCA Strategy for a new Partnership adopted in June 2007 constitutes the backbone of the political framework agreed between the EU and its five Central Asia partners to enhance relations and strengthen co-operation in areas of mutual interest with a view to promote prosperity, stability and security in the wider European space in general, and in particular in Central Asia, writes Pierre A. Borgoltz.

For achieving the goals and objectives defined in the strategy process, the European Union has declared its commitment to be guided by the principles of dialogue between equals, transparency and aim to obtain concrete results. Taking into account the characteristics of each partner country, the strategy strives to develop tailored approaches adapted to their national development strategies, including through regional co-operation and also through their association with a wider framework comprising the eastern Europe and Russia partners.

In the framework of the EU Central Asia Strategy for a new Partnership, an open approach shared with the countries of the region has been agreed, aiming at defining productive relations and co-operation adapted to the needs of the region. The Sstrategy has established a regular process of strengthened regular dialogue to define jointly action plans in a few jointly agreed priority areas responding to the demands of partner countries and supporting their transformation and modernization agenda.

Flagship Initiatives have been launched, often in a wider European space perspective, on these few selected priority areas considered as pillar of mutual interest for durable enhancement of relations.

The rule of law and democratization is one of these focal areas. The Initiative for the Rule of Law, co-ordinated by France and Germany, with the support of the Council of Europe and its Neighbourhood Policy adopted in May 2011, was launched in Brussels in November 2008 at the First EU Central Asia Conference of Justice Ministers.

To enhance the dialogue and cooperation on the rule of law, four focal themes were agreed: constitutional jurisdiction, criminal justice, administrative law and judiciary capacity. The 4th EUCA Conference of the Ministers of Justice was held just a year ago in Astana.

The Initiative has enabled to engage in a solid and sustained dialogue in order to promote human rights and modernization of judiciary systems in line with international and European-wide norms and principles. In this framework, a number of far-reaching reform processes have been pursued by each partner country, reflecting specific circumstances of its national context.

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Advances made by countries of Central Asia in the scope of the Initiative Rule of Law have confirmed the mutual commitment of the EU and its partners to continue work for the gradual modernization of judicial systems and the respect of the Rule of Law, in conformity with common values and international norms. The EU CA Initiative for the Rule of Law inscribes itself quite well in the new approach for an EU policy towards its neighbouring regions.

Progress in democratization and the rule of law in Central Asia

For the countries of Central Asia, the transformation for respect of the rule of law and human rights

is a complex process . the adoption of new legal acts reflecting the European-wide principles constitutes a crucial first step, but pursuing their effective implementation requires sustained efforts through time, while at the same time multiple dysfunctions and non observance of commitments can still be observed. It is only the partners' unfledged engagement in a quite difficult legal and institutional transformation process maturing over a long period which can bring that eventually a durable improvement. To take such long term view on democratization and rule of law is the only way to assess progress on-going. This enables to highlight some remarkable advances that signal the way forward and need to be appreciated fully.

In all cases, the process of change is translated in a first instance by advances in law to adjust the legal framework and instruments. In a second step, the time required to make effective the application of the new legislation, requires an broad upgrading of capacities among legal professionals and institutions, a change in judiciary culture and practices inherited from previous system and modus operandi.

Assessment of progress is always relative, to be put in the context and existing situation proper to each country. Advances can only be measured in a medium prespective , observing closely the coherence of steps taken and modifications introduced by on-going reform that bear on structural and institutional features. In this context , in Central Asia, changes observed in the themes selected a basis for dialogue and cooperation with the EU provide a particularly worthwhile indication of the on-going transformation process.

As below illustrated by Kazakhstan, the pace of modernization has been gradually building up and with the sustained commitments of the partner countries is now demonstrating quite convincing outcomes.

Recent major steps ahead achieved by Kazakhstan in rule of law and judiciary

Kazakhstan has been engaged over the recent years in a far-reaching reform of its judiciary and governance , a priority reaffirmed by President Nazarbayev as a core element in the sustainable development strategy of the country , with intention to align gradually with European values and the references provided by the Council of Europe in the human rights and rule-of-law areas.

Kazakhstan adopted in 2015 a National Action Plan to 2020 for the follow up of recommendations by the United Nations Universal Periodic review. It has hosted the Special Rapporteurs of the UN on religious freedom and on freedom of assembly and association.

A Consultative Committee comprising the executive, legislative and judiciary together with civil society and NGOs provides recommendations for the further political and democratization transformation of the country.

Kazakhstan has gradually established a structured cooperation with the Council of Europe, acceding to the CoE Cultural Convention in 2010, joining the Bologna Process in 2011 and the Venice Commission in 2012. A first strategic co-operation programme was signed between the Council of Europe and Kazakhstan on Dec. 2013 , centered on criminal justice and further preparation to align with other CoE Conventions in the area, providing with substantive elements for the on-going reforms of the judicial system.

Kazakhstan has also pursued a steady course to humanize criminal justice , reducing list of criminal offenses and severity of sanctions, introducing new mecanisms for mediation, jury trials and alternatives to imprisonment and improvement of the penitentiary. New laws on mediation and training of mediators, including for police, have started a new criminal mediation procedures, notably in favor of youth and women. The General Procurator office has put the respect of constitutional rights through more efficiencent supervision mechanisms , including pretrial procedures, at the core of its Strategic Plan.

New codes of criminal law and codes of criminal procedures entering into force this year (2015) have established for the first time the reinsertion of convicted persons in society as a primordial objective of justice, and confirmed the European norms of essential guarantees in this area, including: presumption of innocence, immediacy of procedures, established grounds for the criminal procedure, rights of defense, with a public argumented judgment, open to recourse. A judge is now in charge of the investigations, including for pretrial and eventual detention.

A law on defence guarantees, according to the Council of Europe norms, has established a system of judicial assistance for people under enquiry, from pretrial to eventual decision by the court. Access to justice as been improved through measures notably to promote the rights of young people, women and vulnerable groups in the judiciary and penal system , including for eventual sanction regime.

A National Prevention Mechanism in line with the norms of Council of Europe has been introduced in August 2014 to fight against degrading treatment and torture. The Executive Committee of the NPM funded by the state comprises the Ombudsman , independent experts, civil society representatives with civil society monitors able to accede detention centers throughout the country.

The Law also prescribes that complaints have to be transmitted immediately by penitentiary authorities and investigated without delay by the Procurator Office. Degrading treatment and torture have been established as criminal offences in the new criminal code.

To note that concerning good governance and fight on corruption, Kazkshtan has met the requirements and acceded to EITI – Extractive Industries Transparency Initiative in October 2013.

Further steps forward in 2015

The authorities’ ambitious institutional reform agenda was bolstered by the launch of the 'One Hundred Concrete Steps, a Modern State for All' programme in May 2015. This is one of the pillars of the Kazakhstan 2050 vision, which acts as the overarching development strategy of the country, and complements the Nurly Zhol economic support programme.

The programme is designed to develop a more professional, efficient and transparent modern state. To make the rule of law more transparent, trials by jury will be expanded and the rights of defendants will be increased. Judges will serve a probationary period before full confirmation while police recruitment and training are to improve, as is their accountability to local communities. The programme includes measures to create a more effective and professional public service through open recruitment, better training and the linking of pay and promotion to performance.

The expanded use of e-government systems is also expected to accelerate administrative processes and decrease corruption, and agencies at various administrative levels will be required to publish regular performance information To increase accountability to the population, the program includes devolution of decisions to the local level – as the authorities are pursuing devolution of budget expenditures to the local authorities in parallel.

The above laws and measures are major steps undertaken by Kazakhstan to reform the country legal framework in line with the norms and good practices adopted by the members of the Council of Europe. At the same time, these reforms bear a profound impact on all institutions and areas of judiciary and criminal justice in particular which have to integrate the new dispositions and criteria into their daily operations. To upgrade accordingly the capacity of the concerned bodies and all related professionals and lawyers is a daunting task.

The establishment of efficient training mechanisms for updating their knowledge and practices , as well as the required networking and sharing of practical experience with peers in itself is a major challenge to make possible proper implementation of these fundamental reforms.

It requires patience and commitment from all sides. In this area, contribution to the process may be provided through continued exchanges and co-operation with European-wide practionners from the European Union Member states counterparts and the Council of Europe experts.

The Initiative for the Rule of Law is dedicated to pursue its long term activities in this direction with Kazakhstan, as well as the other partners from Central Asia.

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