A/HRC/13/23/Add.1
I. Introduction
1.
The independent expert on minority issues conducted an official visit to Kazakhstan
from 6 to 15 July 2009 at the invitation of the Government. She visited Astana and Almaty,
and held consultations with senior Government representatives with responsibilities in the
fields of minority rights, culture and language, anti-discrimination and equality. She held
meetings with ethnic and cultural associations, non-governmental organizations, members
of minority communities and journalists, and hosted a forum for minority women.
2.
The independent expert thanks the Government for its cooperation throughout the
preparation and conduct of her mission. She also thanks the United Nations Country Team
for its cooperation and assistance and numerous non-governmental organizations, civil
society groups and community representatives that met with her and provided valuable
information.
3.
Kazakh is the official language of Kazakhstan although Russian is used officially on
a par with Kazakh in government institutions and is spoken by most citizens. Ethnic
Kazakhs currently account for 58.6 per cent of the population, while ethnic Russians make
up 26.1 per cent. Other ethnic groups account for 15.3 per cent of the population and
include Ukrainians (2.9 per cent), Uzbeks (2.8 per cent), Uighurs, Tatars and Germans (1.5
per cent each), and other groups 4.3 per cent. More than 100 other smaller ethnic groups
live in Kazakhstan. The Government uses the term “nationalities” in preference to the term
“minorities” to describe its ethnic groups, reflecting the relationship of many with a kin
State or historical homeland.
4.
The Constitution of Kazakhstan contains articles guaranteeing fundamental human
rights in accordance with principles of international law and human rights treaties ratified
by Kazakhstan. Article 4 (3) states that international treaties ratified by Kazakhstan shall
have priority over its laws and be directly implemented except when the application of an
international treaty requires the promulgation of a law.
5.
Kazakhstan has ratified human rights treaties most relevant to minorities including
the Convention on the Rights of the Child, the International Convention on the Elimination
of All Forms of Racial Discrimination, the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights. Two
domestic institutions oversee human rights issues: the Presidential Commission on Human
Rights and the National Ombudsman.
6.
Kazakhstan will take over the Chairmanship of the Organization for Security and
Cooperation in Europe (OSCE) in 2010. The Government has made pledges with regard to
democratization and improving its human rights policies and practices to conform to OSCE
standards.
Methodology
7.
The independent expert’s evaluation of minority issues in Kazakhstan is based on
the 1992 United Nations Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities and other relevant international standards, from
which she has identified four broad areas of concern relating to minorities globally: (a) the
protection of a minority’s survival by combating violence against them and preventing
genocide; (b) the protection and promotion of the cultural identity of minority groups and
the right of national, ethnic, religious or linguistic groups to enjoy their collective identity
and to reject forced assimilation; (c) the guarantee of the rights to non-discrimination and
equality, including ending structural or systemic discrimination and the promotion of
affirmative action when required; and (d) the guarantee of their right to effective
GE.10-10602
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