A.I.SHALTYKOV
Doctor of Political
Sciences, Professor
(Almaty, Kazakhstan)
Human rights and fundamental freedoms providing has
become one of the main goals of a modern state and is in the priority list of
international pledge giving the means for nations to communicate in full value.
The importance of this issue for modern society is high, so from the nature of
things is a matter of speculation, misuse and political pressure. Thus, human
rights are contemporary global problems, and the fate of all civilizations
directly depends on their regulation. In the third millennium, the state human
rights and freedoms policy providing, at both levels: international and
national, are of particular importance. In this case, more is required problems
managing relevant to provisions of national law in the field of human rights
with international standards. It is an objective reality that is associated
with the internationalization of traditional domestic problems and transferring
certain rights into the international competence.
Political and legal consolidation of the legal status
of an individual in any society is the domestic jurisdiction of states. All
subjects of the international community should respect the sovereign rights of
the state in this area. At the same time, issues of human rights are regulated
in accordance with domestic law on the one hand, and the whole system of
bilateral, regional and multilateral international treaties, on the other. In
this regard, Kazakhstan, as a party to those treaties must take all the
necessary internal steps to fulfill its international commitments on human
rights.
Years of independence, they spent doing a great deal
of works to enhance safeguards for the rights and freedoms. From the first day
of its independence Kazakhstan supported the universally recognized principles
of human rights promotion and protection enshrined in the UN Charter and the Universal
Declaration of Human Rights. The Constitution of the Republic of Kazakhstan
declares, that a person, his live, rights and freedoms proclaimed by high
values of the state.
Public authorities and institutions responsible for
public law enforcement and national security agencies when carrying out their
functions are controlled by the representative bodies of power (Parliament of
Kazakhstan), the courts or other competent independent institutions and bodies.
State officers follow the provisions of secondary legislation (regulations,
rules, instructions, etc.) that correspond not only to international standards,
but also the Constitution and the relevant laws.
Kazakhstan became a full-fledged subject of
international law and a member of more than 60 multi-purpose international
agreements on human rights, where seven are UN human rights conventions, the
so-called "international human rights instruments."
In Kazakhstan, there are two national human rights
institution: Commission on Human Rights under protectorate of the President of
the Republic of Kazakhstan and the Human Rights Ombudsman of the Republic of
Kazakhstan (the Ombudsman). UNDP helps the Ombudsman to carry out its mandate
and to strengthen its role in the national and international level.
Decree of the Government of the Republic of
Kazakhstan, issued on September 26,
2003, reference № 983 stated the creation and starts its activity an
Interagency Commission on Combating the illegal export, import and trafficking
in persons. It is subordinated to the Government of the Republic of Kazakhstan.
The National Plan to Combat and prevent trafficking offenses is worked out and
approved by the Government of the Republic of Kazakhstan on 24 February 2004.
President of the Republic of Kazakhstan on 12 October 2004 signed a decree
"On signing the Convention for the Suppression of Trafficking in
Persons." Effective institutional mechanism is the National Commission for
Women and Family Affairs, subordinated to the President of Kazakhstan.
In addition, Kazakhstan has adopted the Convention of
Legal Policy, which is the base of improving the judicial system; the advocacy
got its impulse to develop; the
penitentiary system is under its reforming; the role of non-governmental
organizations in this sphere grows up,
there is a gradual introduction to the practice of non-judicial forms of
conflict resolution.
Currently, Kazakhstan continues to be in close contact
with the Office of the UN High Commissioner for Human Rights (OHCHR) and the
OHCHR regional office in Bishkek. In cooperation with this office, they bring
to life several projects, including the Universal Periodic Review.
In general, it should be noted that Kazakhstan has
ratified most international human rights treaties, including the International
Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights, but not all acts of national legislation
are now in line with accepted international legal obligations.
In order to advance the mechanism of protecting the
human rights, the President of the Republic of Kazakhstan approved the National
Action Plan on Human Rights for 2009-2012. That Plan is a consolidated program
to improve the human rights protecting. In the history of Central Asia this is
the first detailed document at national level.
On August 24, 2009 the Head of the State approved
another Concept of Legal Policy of the Republic of Kazakhstan until 2020. It
defines the main directions of the development of norms of human rights.
The Republic of Kazakhstan improves the status of
non-governmental organizations, provides state support of public associations,
strengthen human rights protection mechanisms for human rights.
The state intends to create conditions for the further
development of civil initiatives, particularly through the institution of local
government. The National Action Plan for Human Rights in the Republic of
Kazakhstan for 2009-2012 it is recommended ratification of the Rome Statute of
the International Criminal Court. In this regard the issue of human rights is
considered from the perspective of strengthening the rights and freedoms of the
citizens of the Republic of Kazakhstan after the necessary preparations.
In a relatively short period of time we have passed a
long way. However, the country is not intended to stay long on the gained
level, the works in this sphere is continuing. It is of necessary to work out a
huge range of topical issues. Democracy creation – is a process that has a
beginning and no end. Yet, there is movement vector, and the movement vector of
Kazakhstan, chosen in the first days of its independence, is unequivocal and
unambiguous. The country moves towards greater democracy, the rule of law and
the protection of the rights and freedoms of all and everybody.