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In the Name of Unity

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In the Name of Unity The Equal Rights Trust is an independent internation- al organisation whose purpose is to combat discrimi- nation and promote equality as a fundamental human Equal Rights Trust right and a basic principle of social justice. The Kazakhstan International Bureau for Human Rights and Rule of Law is a non-governmental organi- sation which aims to protect political rights and civ- il freedoms and to develop democracy and rule of law in Kazakhstan and other countries. “Unity! Stability! Creativity!” This is the slogan of Nur Otan, the political party of Nursultan Nazarbayev, the Republic of Kazakhstan’s first and only president. ▪ This report, examining discrimination and inequality in Kazakhstan, finds Series: Kazakhstan Report Country that the unity promoted by Nazarbayev is narrow, excluding those whose religion, ethnicity or political opinion challenges his vision, and denying an equal role to women, persons with disabilities and other groups. - IN THE NAME ofA 2011the Kazakh law on language religion imposes– spoken onerous by only registration74% of the population requirements, – creates indi rectly discriminating against minority religious groups. The promotion OF UNITY - barriers for ethnic minorities in accessing public services, employment and education. The state discriminates on the basis of political opinion, detain ing its critics and limiting freedom of expression, assembly and association.- Addressing Discrimination The unified Kazakhstan promoted by the government also provides lit and Inequality in Kazakhstan tle space for other groups. Women are subject to discriminatory laws and are underrepresented in the workforce and public life. Lesbian, gay, bisexual and transgender persons are subject to discrimination by both state and non-state actors. Persons with disabilities and those living with Human Immunodeficiency Virus are subject to paternalistic laws which are grounded in stereotypes. - The legal framework on equality is far from unified. The constitutional non-discrimination provision omits key grounds and there is no com prehensive equality legislation. Implementation of the provisions which are in place is weak. Thus, this report finds that, if Kazakhstan aspires to genuine unity, inclusive of all, much remains to be done. This report has been prepared with the financial assistance of the European Union. The contents of this report are the sole responsibility of the Equal Rights Trust and Equal Rights Trust can in no way be taken to reflect the views of the European Union. in partnership with the Kazakhstan International Bureau for Human Rights and the Rule of Law EQUAL RIGHTS TRUST IN PARTNERSHIP WITH THE KAZAKHSTAN INTERNATIONAL BUREAU FOR HUMAN RIGHTS AND RULE OF LAW In the Name of Unity Addressing Discrimination and Inequality in Kazakhstan The Equal Rights Trust Country Report Series: 10 London, December 2016 The Equal Rights Trust is an independent international organisation whose purpose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. © December 2016 Equal Rights Trust Dance of© Spring Design by December Ken and Nyetta,2016 Dafina licensed Gueorguieva under CC by 2.0; CommemorationCover photos Action from Zhanoazen top to bottom: by KIBHR; Central Downtown Astana by Ken and Nyetta is licensed under CC by 2.0; and Protests in Shanyrak District in Almaty by KIBHR. Printed in the UK by Stroma Ltd ISBN:Layout: 978-0-9956403-5-1 Istvan Fenyvesi Allwritten rights reserved. permission No ofpart the of publisher, this publication or a licence may forbe translated,restricted copying reproduced, from stored the in a Copyrightretrieval system Licensing or transmitted Agency Ltd., in UK, any or form the Copyright or by other Clearance means without Centre, the USA. prior Equal Rights Trust 314-320 Gray’s Inn Road London WC1X 8DP United Kingdom Tel: +44 (0) 207 610 2786 www.equalrightstrust.org The Equal Rights Trust is a company limited by guarantee incorporated in England, and a registered charity. Company number 5559173. Charity number 1113288. The contents of this report are the sole responsibility of the Equal Rights Trust This report has been prepared with the financial assistance of the European Union. and can in no way be taken to reflect the views of the European Union. Unity! Stability! Creativity! Election slogan of Nur Otan, the ruling party of Kazakhstan The source of success is unity. Abai Kunanbaev, The Book of Words TABLE OF CONTENTS ACKNOWLEDGEMENTS ACRONYMS AND ABBREVIATIONS EXECUTIVE SUMMARY 1. INTRODUCTION ..................................................1 1.1 Purpose and Structure of This Report .............................2 1.2 Conceptual Framework and Research Methodology ................3 1.3 Country Context .................................................15 1.4 History ..........................................................18 .........................................21 2. 1.5THE Government LEGAL FRAMEWORK and Politics RELATED TO EQUALITY ..............26 2.1 International Law ...............................................27 .........27 2.1.12.1.2 MajorOther TreatiesUnited Nations Related Treaties to Equality Relevant .......................... to Equality 30 2.1.3 Regional Instruments ......................................31 ........................32 2.1.42.1.5 TreatiesCustomary Not International Ratified by Kazakhstan Law .............................. 32 2.1.6 Status of International Law in Domestic Law . .33 2.2 The National Legal Framework on Equality and Non-Discrimination ..............................................38 2.2.1 The Constitution ...........................................39 ........44 2.2.2 Specific Equality and Anti-Discrimination Legislation ...54 2.3 2.2.3Enforcement Non-Discrimination and Implementation Provisions. .in .Other . .Pieces . of . Legislation. .73 2.3.1 Kazakhstan’s Legal System ..................................73 2.3.2 Enforcement ...............................................82 2.4 Conclusions ......................................................94 3. PATTERNS OF DISCRIMINATION AND INEQUALITY ..............96 3.1 Discrimination and Inequality on the Basis of Religion or Belief .......96 3.2 Discrimination and Inequality on the Basis of Ethnicity and Language .................................................. 124 3.2.1 Discrimination and Inequality on the Basis of Ethnicity .... 124 3.2.2 Discrimination and Inequality on the Basis of Language ... 133 3.3 Discrimination and Inequality Affecting Women ................ 143 3.4 Discrimination and Inequality on the Basis of Sexual Orientation and Gender Identity. 174 3.5 Discrimination on the Basis of Political Opinion ................ 189 3.6 Discrimination and Inequality Affecting Persons with Disabilities .. 207 3.7 Discrimination and Inequality on the Basis of Health Status .... 219 3.7.1 Discrimination and Inequality on the Basis of HIV . 220 3.7.2 Discrimination and Inequality on the Basis of Tuberculosis .. 225 4. RECOMMENDATIONS ..........................................229 BIBLIOGRAPHY ........................................................ 240 ACKNOWLEDGMENTS This report is published by the Equal Rights Trust, in partnership with the Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR). The report is published in both an English-language and a Rus- sian-languageThe conceptual version. framework, structure and research methodology were on addressing discrimination and inequality in different countries around thedeveloped world. Theby the research Equal forRights the Trustreport as was part undertaken of its Country by KIBHR. Report Series Yevgeniy Zhovtis at KIBHR, and Jim Fitzgerald and Joanna Whiteman at the assistanceEqual Rights from Trust Tayyiba oversaw Bajwa, the productionSam Barnes, of Benthe report.Smith, TheHazel first Blake draft and of the report was prepared in English by Yevgeniy Zhovtis of KIBHR, with Dan Zwi from the Equal Rights Trust. Jim Fitzgerald and Joanna Whiteman- revised, finalised and authorised the report for publication in English and translation into Russian. Yevgeniy Zhovtis and Diana Berezovskaya of KIB HR finalised and authorised the Russian-language version for publication. of inequality and discrimination. This research was undertaken by KIBHR, whichField research allocated was sub-grants central to tothe researchers identification to andconduct description focus groups of patterns and - equality, with a particular focus on discrimination on the basis of religion andinterviews ethnicity. in each The region,Equal Rights documenting Trust and patterns KIBHR of are discrimination immensely grateful and in to these researchers for their work. The Equal Rights Trust is grateful to secondees, interns and volunteers Stacywho undertook Stroud, Rosie desk-based Monaghan research and Sam and Barnes. provided Thanks considerable also go to editorial Ashurst LLP,assistance a number in the of developmentwhose trainees of andthe report.lawyers Thanks supported are duethe Equalin particular Rights Trust in completing the report on a pro bono basis. - es including the proofreading and layout of the report. Very special thanks Charlotte Broyd of the Equal Rights Trust oversaw the final editorial stag out the report. go to Istvan Fenyvesi who worked on the design of the cover and who laid In the Name of Unity: Acknowledgements This report is an outcome of a partnership between the Equal Rights Trust to combat discrimination and inequality in Kazakhstan, funded by the Eu- and
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