A/HRC/13/23/Add.1
Government notes that in the densely populated Uighur areas of Almaty region, Uighurs
occupy numerous posts, including Governor and Deputy Governor.
29.
Women are underrepresented in the Government of Kazakhstan in general. Minority
women stressed that this is particularly the case for women from smaller ethnic groups. In
2007, approximately 10 to 12 per cent of members of Parliament and 19 per cent of local
governments and city councils were women according to a recent statement by a
Government adviser.14 In Parliament, only 2 of the 47 senators are female, while 17 of the
107 Majilis members are women. A presidential directive proposes to increase the number
of women in executive level positions to 30 per cent by 2016.
IV.
Non-discrimination and equality
30.
Article 14 of the Constitution of Kazakhstan includes a guarantee of equality and a
ban on discrimination stating that (1) everyone shall be equal before the law and court; and
(2) no one shall be subject to any discrimination for reasons of origin, social, property
status, occupation, sex, race, nationality, language, attitude towards religion, convictions,
place of residence or any other circumstances. The Criminal Procedures Code (art. 21), the
Civil Procedures Code (art. 13), the Labour Code (arts. 4, 7, 22 and 145), the Law on
Employment (art. 5), the Law on Migration (art. 3) and the State Service Act (art. 12, para.
4) all refer to the prohibition of discrimination. There is no comprehensive antidiscrimination legislation.
31.
The Government considers that existing constitutional and legal provisions, and the
status of international treaties to which it is a party, provide adequate legal protection
against discrimination.
32.
Two institutions in Government oversee human rights issues and have
responsibilities in the area of discrimination: (a) the Presidential Commission on Human
Rights;15 and (b) the Human Rights Ombudsman.16 The Commission, established as a
consultative/advisory body attached to the office of the President currently has 22 members
representing various elements of Kazakh society. The same presidential decree creating the
Ombudsman also limits its powers; the Ombudsman is unable to review appeals and
complaints relating to the actions and decisions of the President, Parliament and its
members, the Constitutional Council, the Prosecutor General, the Central Electoral
Commission and the Courts. The reports of these institutions include only brief reference to
cases of discrimination and commonly find no proof.
33.
Government representatives emphasized that no cases of discrimination on the
grounds of ethnicity or nationality have ever come before the courts. There are no policies
of affirmative action, such as employment quotas for minorities in the public sector. The
Government notes that all are equal before the law and that such policies would constitute
unfair bias or give unfair privileges to some. Disaggregated data along national or ethnic
lines are collected in census surveys and by the statistics agency in various areas, including
with regard to the number of different nationality groups employed in State service.
34.
Non-governmental sources commented that the absence of court cases regarding
racial discrimination reflects not an absence of discrimination, but rather an inadequate
14
15
16
10
Radio Free Europe, “Presidential adviser touts progress on women’s issues” – see www.rferl.org/
content/article/1074070.html. See also www.silkroadstudies.org/new/docs/Silkroadpapers/
0804Bowyer.pdf.
Established by decree No. 1042 of 19 March 2003.
Created in accordance with presidential decree No. 947 of 19 September 2002.
GE.10-10602