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Cooperation of the Republic of Kazakhstan with the Council of Europe and PACE

Cooperation of the Republic of Kazakhstan with the Council of Europe

Kazakhstan has been cooperating with the Council of Europe (CoE) and its structures since 1997. Not being a member of the Council, Kazakhstan has the opportunity to participate in its partial expanded agreements, which allow countries and international organizations not members of the Council to work together with member states on issues of interest to them.

Kazakhstan participates in two partial agreements of the Council of Europe - the European Commission for Democracy through Law (Venice Commission, since 1998 observer status, since 2012 full member) and the Group of States against Corruption (GRECO, since 2020 full member).

Kazakhstan is a party to four CoE conventions:

On the Recognition of Qualifications concerning Higher Education in the European Region - No. 165 (01.02.1999);

European Cultural Convention - No. 018 (05.03.2010);

On laundering, identification, seizure and confiscation of proceeds from crime - No. 141 (01.01.2015);

On mutual administrative assistance in the tax matters - No. 127 (08.04.2015).

In April 2020, during the meeting of the Committee of Ministers of the Council of Europe, it was decided to invite Kazakhstan to join the Convention on Preventing and Combating Violence against Women and Domestic Violence (No 210).

Kazakhstan has international observer status in the Consultative Council of European Prosecutors (CCPE) (since 2015), as well as the Consultative Council of European Judges (CCJE) and the European Commission for the Effectiveness of Justice (CEPEJ) (since 2018). Accession to a number of European conventions in the field of criminal proceedings is designated as a priority task of cooperation between the Republic of Kazakhstan and the Council of Europe.

On March 26, 2019, in Strasbourg, the Committee of Ministers of the Council of Europe approved the Neighbourhood Co-operation Priorities for Kazakhstan for the period of 2019-2022, which is part of the regional program of the European Union and the Council of Europe “Rule of Law in Central Asia”.

The program will facilitate more active interaction between the Republic of Kazakhstan and the Council of Europe in improving national legislation and harmonizing it with European norms.

Kazakhstan is interested in international initiatives of the Council of Europe and shares universal values ​​- democracy, human rights and the rule of law, which are essential conditions for achieving peace, stability, security, economic development and prosperity.

On September 6-10, 2021, the GRECO Monitoring Group visited Kazakhstan for the first time in the framework of an evaluation cycle of 1-2 rounds. Based on the results, recommendations will be developed, the implementation of which is considered as a springboard for taking the fight against corruption in the Republic of Kazakhstan to a new level.

On October 27-28, 2021, an international round table "Reforms of the judicial system in Kazakhstan: addressing new challenges using the best international practices" was held in Nur-Sultan. The event was organized by the CoE jointly with the Supreme Court of the Republic of Kazakhstan within the framework of the Rule of Law in Central Asia Program for 2020-2023.

 

Cooperation of the Republic of Kazakhstan with the Parliamentary ssembly of the Council of Europe

 

Cooperation between the Republic of Kazakhstan and PACE is implemented on the basis of the Agreement signed in 2004, according to which the delegations of the Senate of the Parliament of the Republic of Kazakhstan participate in the plenary sessions of the PACE.

The cooperation agreement of the Kazakhstan-PACE stipulates the maintenance of a political dialogue between the Parliament of the Republic of Kazakhstan and the Parliamentary Assembly of the Council of Europe in order to promote the principles of parliamentary democracy, the rule of law and respect for human rights.

In March 2016, PACE sent its observation mission to the early elections to the Mazhilis of the Parliament of the Republic of Kazakhstan, consisting of 11 members from five political groups, headed by the Chairman of the Alliance of Liberals and Democrats for Europe Mr.Jordi Xuclà (Spain). Following the observation, the PACE representatives prepared a positive response, which made it possible to make the report of the International Observer Mission (OSCE PA, PACE, OSCE/ODIHR) more balanced and objective.

On November 24, 2017, Denmark hosted an meeting of the PACE Standing Committee, the agenda of which included the issue of approving the report and resolution on Kazakhstan, prepared by the German MP Mr. Axel Fischer. As part of the debate on the consideration of the report "Relations of the Council of Europe with Kazakhstan" Mr.Fischer noted the importance of Kazakhstan in the world arena as one of the guarantors of stability in the Eurasian space and stressed the need to develop relations between the Council of Europe and Kazakhstan. According to the rapporteur, "the Council of Europe should strengthen cooperation with the Republic of Kazakhstan in order to assist the country in transforming democratic reforms."

As a result of the meeting, Resolution 2193 (2017) "Relations of the Council of Europe with Kazakhstan" was adopted, which notes that Kazakhstan deserves praise in the international arena for its positive contribution to solving major international problems, such as Iran's nuclear program and the crisis in Syria. The country is also a leading player in solving the problems facing Central Asia, including terrorism, drug trafficking and security issues related to the situation in Afghanistan.

September 28, 2020 PACE General Rapporteur on the Abolition of the Death Penalty Mr. Titus Corlatean (Romania) welcomed the decision of Kazakhstan to completely abolish the death penalty. This decision is in line with the CoE values ​​set forth in the Universal Declaration of Human Rights and international treaties, as well as the principles set out in Resolution 2193 (2017) "Relations of the Council of Europe with Kazakhstan".

On September 30, 2021, a group of MEPs adopted a written declaration “Political reform in Kazakhstan meets the needs and aspirations of its citizens”.

In PACE document 15387, dated 30 September 2021 (written declaration, no. 729, https://pace.coe.int/en/files/29508/html ), PACE deputies "welcome the decision by the Kazakh authorities to abolish the death penalty entirely by signing the Second Optional Protocol to the International Covenant on Civil and Political Rights".

Commending the statement of the President of Kazakhstan, Kassym-Jomart Tokayev, at the 75th session of the UN General Assembly, the Europeans deputies emphasize that the decision he adopted is "in keeping with the values and principles of the Parliamentary Assembly of the Council of Europe" and " shows the determination of Kazakhstan to combat this cruel penalty and follow the growing abolitionist trend".

European parliamentarians referred to Kazakhstan as an "important partner of the Council of Europe" in the context of the second part of "Neighbourhood Co-operation Priorities for Kazakhstan" adopted by the Committee of Ministers of the CoE on 4 April 2019.

The declaration was signed by 23 deputies of the PACE from Germany, United Kingdom, Netherlands, Spain, Italy, Lithuania, Poland, Azerbaijan, Armenia, Ukraine, Bulgaria, Romania, and Finland. Some of the signatories are the leaders of major political groups within the PACE.

On November 16-19, 2021, PACE President Rick Dems paid an official visit to Kazakhstan, during which he held meetings with President Kassym-Jomart Tokayev, speakers of both chambers of Parliament, heads of central state bodies, as well as with a wide range of representatives of civil society. working in the areas of human rights protection and the rule of law.

The PACE President welcomed political reforms in Kazakhstan, highlighting the signing of the Second Optional Protocol to the International Covenant on Civil and Political Rights.

Following the visit, a Joint Statement https://assembly.coe.int/LifeRay/APCE/pdf/Communication/2021/2021119-JointStatementKazakhstan-EN.pdf  was adopted by the Chairman of PACE R. Dems and the Head of the Delegation of the Parliament of the Republic of Kazakhstan to PACE A. Shakirov, the text of which is given below:

 

Nur-Sultan, 19 November 2021

On the occasion of the 30th Anniversary of the Independence of the Republic of Kazakhstan, we express congratulations to the people of the country and support their efforts in building a democratically developed state.

We welcome ongoing democratic reforms initiated by the President of the Republic of Kazakhstan Kassym-Jomart Tokayev aimed at further strengthening stable and sustainable development of the country.

We commend Kazakhstan's abolition of the death penalty and its accession to the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), and other important international legal instruments.

Appreciating the importance of promoting the rule of law, we support efforts towards Kazakhstan's accession to a number of the Council of Europe conventions, including in criminal sphere.

Stressing the high efficiency of inter-parliamentary diplomacy, we express our interest in enhancing cooperation, expanding contacts, and deepening a trustful dialogue between the Parliament of Kazakhstan and the PACE.

In this context the readiness of Kazakhstan to consider accession to the Council of Europe’s Convention on preventing and combating violence against women and domestic violence, and participation in the PACE in an appropriate format is welcomed.

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