Australian Permanent Mission and Consulate-General
Geneva, Switzerland
Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

Human Rights Council Universal Periodic Review Working Group

Statement on Kazakhstan

by Ms Robyn Hodgkin

12 February, 2010

Mr President,

Australia welcomes Deputy Prime Minister Mr Yerbol Orynbayef and the delegation of the Republic of Kazakhstan and appreciates its engagement in the Universal Periodic Review Process.

Australia welcomes Kazakhstan’s recent steps to improve human rights standards, particularly the ratification of the International Covenant on Civil and Political Rights (ICCPR), the Optional Protocol of the ICCPR and the Optional Protocol to the Convention against Torture. Australia also notes Kazakhstan’s recent declaration recognising the competence of the United Nations Committee against Torture to consider individual complaints and the visit of the Special Rapporteur on torture to Kazakhstan in May 2009.

Australia welcomes Deputy Prime Minister Orynbayef’s statement that Kazakhstan is committed to a zero-tolerance approach, in line with the Committee against Torture’s recommendation, to the problem of torture and cruel, inhuman and degrading punishment. But we note with concern ongoing reports of torture and mistreatment of detainees in Kazakhstan, as detailed in the Special Rapporteur’s report.

Australia also notes with concern UN High Commissioner for Human Rights and NGO reports of threats, harassment and imprisonment of independent journalists for criticising the government, the enforcement of prohibitive penalties for civil defamation and libel, and highly restrictive laws on public assembly. Australia’s belief is that democracy, rule of law and security in Kazakhstan would be enhanced by a strong civil society and an independent and free media.

Australia recommends Kazakhstan:

1. Establish torture as a serious crime, sanctioned with appropriate penalties, in line with the definition provided in the Convention against Torture; and

2. Remove the provisions on criminal libel against journalists.

Thank you