A/HRC/13/23/Add.1
75.
The Assembly of the People of Kazakhstan, which plays an advisory role to the
President, is a valuable national symbol of the recognition of minorities and the
commitment of the State to the preservation of the cultural heritage of minorities.
Assembly members are drawn from many minority national and ethnic groups active
in the cultural associations from all regions. There are also Assemblies at the regional
level. Nine members of the Assembly are chosen for appointment to the Majilis, the
lower house of Parliament. The Assembly nonetheless lacks the character of a
legitimately representative body. Membership is based on a selection process from
members of ethnic, cultural and other public associations who meet with the approval
of the President,24 rather than a process which recognizes an equal franchise to every
person within a minority group or all minority groups. Mechanisms should be devised
to ensure that members of the Assembly are truly representatives of a minority
electorate and accountable to them. Such a system would better guarantee that the
true interests of minority communities will be represented at all levels.
76.
The potential and legitimacy of the Assembly would be greatly enhanced if
members were elected by each minority group directly and without reference to
cultural associations, which are themselves not based on a principle of
representativeness.
77.
The Assembly’s work currently has an emphasis on the preservation of culture
and traditions, the arts and supporting cultural associations. For the Assembly to
fulfil its potential, its capacity as a consultative and advisory body to the President
and Parliament should be strengthened in line with its constitutional status. It should
be empowered to function as a standing body with frequent and regular sessions, and
consider a wider range of issues of particular relevance to minorities, relating to
meaningful political participation, religious matters, substantive issues of minority
education and languages, measures to address practically and prevent ethnic tensions.
78.
Representation of minorities within the Assembly at the regional and national
levels is not a substitute for full and effective participation of minorities in
mainstream processes to elect, on a democratic basis, members of the national
Parliament and local government. Measures should be taken to build confidence
among minorities in political processes, to democratize and enhance the powers of
local governments and to develop concrete mechanisms for effective political
participation of members of minority communities.
79.
In this respect the independent expert draws the attention of the Government
to the recommendations of the second session of the Forum on Minority Issues on the
subject of Minorities and Effective Political Participation and urges it to consider
implementation of these recommendations.25
80.
Since independence, the introduction of policies to promote the Kazakh
language and Kazakh ethnic identity has proved successful and generally been
implemented in a measured and gradual manner. However, it has undoubtedly
contributed to an emergent Kazakh nationalist movement. Equally, among some
minority communities, which may have been historically powerful and numerically
dominant, such as ethnic Russians during the Soviet era, pro-Kazakh policies have
sometimes been viewed as constituting discriminatory measures, causing anxiety and
leading many to emigrate to their kin-States. For many non-Kazakhs, including both
Slavic and non-Slavic groups, the preservation of the constitutional guarantee of the
use of the Russian language on a par with the State language in the public sector is
24
25
GE.10-10602
Art. 15, Law of the Republic of Kazakhstan.
See http://www2.ohchr.org/english/bodies/hrcouncil/minority/forum.htm.
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