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Report of the Activities of the Human Rights Powered by TCPDF (www.tcpdf.org) REPORT on the activities of the Human Rights Commissioner in the Republic of Kazakhstan in 2016 ASTANA 2017 The report has been translated and published with the support of the OSCE Programme Office in Astana. This is not an OSCE report. OSCE is not responsible, nor does it necessarily endorse its content. Any views expressed are solely those of the Office of the Human Rights Commissioner of the Republic of Kazakhstan and do not reflect those of OSCE in Astana, OSCE or its Member States 2 REPORT on the activities of the Human Rights Commissioner in the Republic of Kazakhstan in 2016 CONTENT Introduction.............................................................................................................................4 1. General Description of Inquiries Received............................................................................6 2. Powers Exercised by the Human Rights Commissioner in the Republic of Kazakhstan; Ombudsman’s Interaction with State Authorities, Civil Society, Mass Media......................16 3. Right to Liberty and Security of Person...............................................................................22 4. Right to Judicial Protection and Fair Trial, Enforcement of Court Rulings...........................30 5. Citizen Right to Receive Public Services.............................................................................37 6. Right to Freedom of Movement, Conferment of Citizenship................................................43 7. Property and Land Rights....................................................................................................51 8. Labour Rights......................................................................................................................60 9. Right to Welfare and Pension Coverage..............................................................................67 10. Right to Health Protection..................................................................................................74 11. Rights of Persons with Disabilities.....................................................................................80 12. Children’s Rights................................................................................................................86 13. Right to Freedom of Worship.............................................................................................97 14. Convicts’ Rights................................................................................................................103 15. International Cooperation.................................................................................................114 Conclusion...........................................................................................................................121 Annexes...............................................................................................................................122 1. Inquiries.............................................................................................................................122 2. Recommendations.............................................................................................................132 3. Statistical Data on Handling Inquiries................................................................................143 4. Activities of the Ombudsman in the Regions of the Republic............................................147 5. Participation of the Human Rights Commissioner and Ombudsman’s Office in Public Activities..............................................................................................................149 6. Participation of the Human Rights Commissioner and Ombudsman’s Office in International Events.......................................................................................................158 7. Apperances of the Human Rights Commissioner and the Ombudsman’s Office in the Media.......................................................................................................................164 8. Appraisal and Assessment Documents.............................................................................168 REPORT 3 on the activities of the Human Rights Commissioner in the Republic of Kazakhstan in 2016 INTRODUCTION This Report on the activities of the Human Rights Commissioner in the Republic of Kazakhstan (the Ombudsman) in 2016 was prepared in pursuance of paragraph 23 of the Regulation on the Commissioner for Human Rights (the Human Rights Commissioner) adopted by the Decree of the President of the Republic of Kazakhstan of 19 September 2002 No. 947. This document provides a complete, structured and in-depth presentation of the work the national human rights institution had performed over the course of the specified year, including the information on the exercise of its powers, characteristics of received complaints on violations of human rights and the primary areas of work of the Ombudsman. The annex contains analytical documents of the institution, including inquiries, recommendations and other materials. The Report is based on the handling and analysis of collective and individual inquiries and complaints submitted to the Ombudsman, face-to-face talks with citizens during appointments, coverage in mass media, materials of institution monitoring in regions, meetings with non- governmental and international human rights organisations, foreign partners, interactions with state authorities of the Republic of Kazakhstan, as well as research conducted by the institution. In spite of the unprecedented threats to stability and prosperity, the year 2016 saw continued implementation of the policy for the progressive development and improvement of mechanisms of safeguarding personal and civil rights and freedoms in Kazakhstan. The 25th anniversary of our nation’s independence in 2016 gave us a positive opportunity to analyse Kazakhstan’s achievements in human rights sphere and look for new growth trajectories. When summing up the year under review, one needs to highlight, on the one hand, persisting trends of the preceding years, and on the other hand – new vectors of human rights efforts. For instance, Kazakhstan’s active efforts on the global arena continued. The country was selected as a non-permanent member of the UN Security Council for the 2017–2018 period, which is a testament to the international recognition of Kazakhstan’s global achievements. Large-scale modernisation of the structure of the Government and the central executive authorities of the Republic of Kazakhstan and the continued development of public governance as part of the Plan of the Nation “100 Concrete Steps to Implement Five institutional Reforms” have proven to be conducive to better upholding of civil rights in the provision of public services. In 2016, Kazakhstan successfully defended its periodic reports at the UN Commission on Human Rights concerning the observance of the regulations of the International Covenant on Civil and Political Rights and at the UN Committee on Enforced Disappearances regarding the observation of the regulations of the International Convention for the Protection of All Persons from Enforced Disappearance. 4 REPORT on the activities of the Human Rights Commissioner in the Republic of Kazakhstan in 2016 The Office of the Ombudsman has continued its handling of complaints on human rights violations on the part of officials and organisations, analysis of the human rights situation in the country and interaction with all stakeholders in order to reinforce human rights mechanisms. It is worth noting that the institution was engaged in fruitful cooperation with the President’s Administration, the Constitutional Council, the Supreme Court, the Parliament, the Government of the Republic of Kazakhstan and other state authorities throughout the entire year. The Ombudsman was actively working on enhancing international cooperation with the UN, UNDP, OSCE, EU, International Coordination Committee, Asia Pacific Forum and the European Network of National Human Rights Institutions, as well as other organisations, rights advocates and ombudsmen around the world. The presented document’s contents reflect the diversity of forms and methods of realising the mandate and the focus areas of work of the Ombudsman, while conceptually preserving the traditional structure of annual reports. Its goal is to inform the Head of State, the Kazakhstani and international public, parliamentarians, representatives of state authorities, international and national human rights institutions, foreign partners of the ongoing work carried out by the Ombudsman. The Report will be disseminated to the President of the Republic of Kazakhstan, Chambers of the Parliament, the Government, other state authorities, and to embassies of foreign nations and human rights organisations. Furthermore, the Report will be both print-published and distributed online on the Ombudsman’s website in Kazakh, Russian and English languages. REPORT 5 on the activities of the Human Rights Commissioner in the Republic of Kazakhstan in 2016 1. GENERAL DESCRIPTION OF INQUIRIES RECEIVED Pursuant to paragraph 1 of the Provision on the Commissioner for Human Rights approved by the Decree of the President of the Republic of Kazakhstan of 19.09.2002 No. 947, the Ombudsman monitors the observance of human and civil rights and freedoms and takes measures to restore violated rights. One of the main ways the Ombudsman fulfils this duty is by handling inquiries
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