Dear Senator Abdykarimov:
The Committee to Protect Journalists (CPJ), an independent, nonpartisan
organization dedicated to defending press freedom worldwide, is very
concerned about deteriorating press freedom conditions in Kazakhstan
and government efforts to strengthen legal restrictions over the independent
media ahead of parliamentary elections due later this year.
In light of your deep concern for democratic reforms and your position
as chairman of the Senate, we would like to call your attention to the
draft media bill, entitled "On Mass Media in the Republic of Kazakhstan,"
which was passed by Parliament’s lower house on December 25 and is currently
awaiting approval by your chamber. While senior officials such as Information
Minister Sautbek Abdrakhmanov claim the draft media bill will protect
journalists from state interference and censorship, the current draft
contains vague language that weakens legal protection of the media and
expands the ability of government officials to influence and censor
independent journalists.
Throughout the process of preparing the draft media bill, Kazakh government
officials and parliamentary deputies have consistently rejected substantive
changes proposed by international and nongovernmental organizations.
During the fall, local nongovernmental organizations such as the Almaty-based
press freedom group Adil Soz and the Almaty office of the U.S.-based
media training organization Internews participated in a parliamentary
working group preparing the draft legislation. These two organizations
withdrew from the working group in early December after parliamentary
deputies from pro-government parties—who dominated the group—rejected
their principle recommendations.
In December, President Nursultan Nazarbayev refused efforts by the Organization
for Cooperation and Security in Europe (OSCE), a Vienna-based international
organization that monitors human rights in former Soviet republics,
to have the draft media bill conform to international human rights
standards.
"We are asking [international organizations] ... not to interfere in
our internal affairs," Nazarbayev said on December 23, according to
Eurasianet.org, a New York-based news Web site. "Nor do we want
them to tell us which laws to adopt and which to reject."
We are particularly concerned about the following articles in the
draft media bill that media lawyers believe will be used to punish journalists
and media outlets:
- Article 3.1 bans the media from engaging in "propaganda" and
"agitation" without providing definition of these terms. Media lawyers
believe that journalists could face up to five years in prison and
fines of as much as 10 months of their salary for violating this article.
- Article 3.2 prohibits media outlets from revealing vaguely
defined "state secrets." Media lawyers believe that journalists could
face up three years in prison and a ban on practicing their profession
for violating this article.
- Article 17 authorizes courts to temporarily close media outlets
for up to three months if they violate several articles in the draft
media legislation.
- Both Articles 17 and 26 contain vague procedures for shuttering
broadcast media outlets for up to three months when they commit their
first violation and closing them permanently when they commit
their second violation within the same year.
- Articles 29 and 30 transform independent broadcasters into
tools of state propaganda by forcing them to publicize official government
statements.
- Article 34 prohibits journalists from distributing information that
is "contrary to fact." Media lawyers believe that journalists could
face up to three years in prison for violating this article.
State-sponsored persecution of the independent media derails any prospect
of democratization by denying citizens access to information about important
political and economic developments in their country. A functioning democracy
depends on the ability of individual institutions to balance and monitor
each other. The current draft legislation gives extraordinary power to
the courts—which are subject to political pressure—to thwart
the critical role of the media.
Senator Abdykarimov, the potential adverse effects of the draft media
bill are tremendous. In light of President Nazarbayev’s desire for Kazakhstan
to play a leading role in promoting human rights in former Soviet republics
as chair of the OSCE in 2009, we encourage you to work with the nongovernmental
press freedom organizations to incorporate their concerns into the text.
Your initiative to revise this draft media bill according to international
standards would be a positive first step for the government and Parliament
in embracing the process of democratization.
Thank you very much for your attention to this urgent matter. We await
your reply.
Sincerely,
Ann Cooper
Executive Director
