A/HRC/13/23/Add.1 24. Civil society actors raised concerns relating to minority political participation. Some political parties have complained that they are unable to meet the registration criteria to participate in elections. Widespread allegations of electoral fraud made by opposition parties and international monitors, such as the OSCE, have consistently charged that elections fall short of international standards.11 Despite Government claims of high voter turn-out at elections and freedom for political opposition, others strongly dispute those claims. The President appoints the chairman and two members of the Central Electoral Commission. 25. Some minority and civil society representatives expressed frustration regarding their prospects of achieving meaningful political participation and over Government claims of political reform. Serious democratic deficits reportedly persist in the country’s political environment and institutions. A highly centralized government structure is dominated by a single political party, and almost unlimited powers are vested in the President by Parliament.12 At the regional level, governors of the country’s 14 provinces (oblasts), mayors and deputy mayors are appointed by the President. In effect, he also appoints and may dismiss all judges,13 giving rise to allegations that the judicial system does not meet international standards of independence. 26. Critics claim that the membership of the Assembly of the People is largely appointed by the President and therefore that it lacks the character of a legitimately representative body based on an electoral process. The Government disputes this claim noting that the President approves candidates following a legitimate nomination and selection process taking into account the views of ethnic groups and ethnocultural associations. Concerns over presidential appointments extend to the appointment of nine Assembly members to seats in the Lower House. Critics portray the Assembly as a largely inactive, symbolic institution, not consisting of legitimate minority leaders and, as such, not an institution that provides for genuinely including minorities in representative Government. 27. The Assembly’s potential is equally hampered by restrictions on its activities to advising but not deciding on matters relating to the preservation of culture, traditions and the arts, celebrations and the functioning of ethnocultural associations. Some consider it “non-political” and actively discouraged from discussion of issues considered politically sensitive. Critics state that it is not empowered to consider, advise and provide recommendations on many substantive minority issues, including meaningful political participation of minorities and issues related to ethnic tensions, potential conflict or religious matters. 28. Members of smaller minority communities consider their opportunities for political participation to be extremely limited. Uighur community members noted that, even in regions in which they form the majority, they are rarely appointed to hold significant local government positions and are generally underrepresented in the public sector, especially in law enforcement bodies. It is commonly the case that ethnic Kazakhs and Russians fill senior posts. The Government asserts that discrimination on the grounds of national origin is banned under the Constitution (art. 14), and laws including the State Service Law. The 11 12 13 GE.10-10602 See OSCE press release “Kazakh elections: progress and problems” at www.osce.org/item/ 25959.html. See CERD/C/KAZ/4-5. All regular court judges are appointed by the President upon recommendation of the Higher Judicial Council, which is a consultative body largely controlled by the President himself. He additionally proposes candidates for the President and judges of the Supreme Court, which are approved by the Senate. 9