Committee on the Elimination of Racial Discrimination

Eighty- fourth session

3–21 February 2014

Item 6 of the provisional agenda

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes in relation to the combined sixth and seventh periodic reports of Kazakhstan (CERD/C/KAZ/6-7)

Note by the Country Rapporteur

The Committee on the Elimination of Racial Discrimination decided at its seventy-sixth session (A/65/18, para. 85) that the Country Rapporteur would send to the State party concerned a short list of themes with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. This document contains a list of such themes. This is not an exhaustive list; other issues may also be raised in the course of the dialogue. No written replies are required.

1.The Convention in domestic law, institutional and policy framework for its implementation (arts. 1, 2, 3, 4, 6 and 7)

(a)Definition of racial discrimination, in accordance with article 1 of the Convention (CERD/C/KAZ/6-7, paras. 25 and 31; CERD/C/KAZ/CO/4-5, para. 10);

(b)Statistical data on the ethnic composition of the population, including the social and economic situation of various ethnic groups (CERD/C/KAZ/6-7, para. 71; CERD/C/KAZ/CO/4-5, para. 13);

(c)Information on special measures regarding disadvantaged groups, including the impact of the steps to detect and prevent inter-ethnic conflicts and promote inter-ethnic tolerance (CERD/C/KAZ/6-7, paras. 30, 126 and 238; CERD/C/KAZ/CO/4-5, para. 8);

(d)Information on the cases of racial discrimination dealt with by the Commission on Human Rights and the Human Rights Commissioner of Kazakhstan (Ombudsman) and the efforts, if any, to establish an independent national human rights institution in accordance with the Paris Principles (CERD/C/KAZ/CO/4-5, para. 21);

(e)Information on the legislation providing for proscription of dissemination of ideas of racial superiority and of organized activity likely to incite persons to racial violence, as well as updated statistics on sentences for crimes motivated by racial or ethnic intolerance or hatred (CERD/C/KAZ/6-7, paras. 41–44; CERD/C/KAZ/CO/4-5, para. 18);

(f)Measures adopted to prevent terrorism, extremism and increase in hate crimes, including incitement to ethnic hatred (CERD/C/KAZ/6-7, para. 105).

2.Situation of minority communities (arts. 2, 5, 6 and 7)

(a)Update on progress made to improve the participation of members of minorities in the Government and in the Houses of Parliament, as well as in the conduct of decision-making at the regional level, and with regard to have equal access to the public service (CERD/C/KAZ/CO/4-5, paras. 11–12);

(b)Update on the Nurly kosh programme for the period 2009-2011 for the resettlement of ethnic Kazakhs (Oralman) (CERD/C/KAZ/6-7, para. 87);

(c)Information on the allocation of plots of land to members of individual ethnic groups (CERD/C/KAZ/6-7, para. 94);

(d)Update on the registration procedures for religious organizations (CERD/C/KAZ/6-7, para. 104);

(e)Strategies, including facilities and textbooks, for education in and about ethnic minority languages, other than Russian, Uigur, Tajik and Uzbek (CERD/C/KAZ/6-7, para. 246; CERD/C/KAZ/CO/4-5, para. 9);

(f)Impact of the measures to ensure the use of minority languages, in particular in regions with compact minority communities, including bilingual geographic designations and public signs (CERD/C/KAZ/6-7, para. 387; CERD/C/KAZ/CO/4-5, para. 20).

3.Access to justice, discrimination against non-citizens, including migrants, refugees and asylum seekers (arts. 5, 6 and 7)

(a)Information about the restrictions to the rights of non-citizens legally present in the country (CERD/C/KAZ/6-7, para. 34);

(b) Low number of complaints and absence of civil and administrative proceedings and judgements in relation to acts of racial discrimination (CERD/C/KAZ/6-7, para. 48);

(c)Access of members of ethnic minorities and migrants to work and the system of quotas for recruiting foreign workers under the Population Migration Act of 2011 (CERD/C/KAZ/6-7, paras. 141–142; CERD/C/KAZ/CO/4-5, para. 16);

(d)Steps taken to ensure access, without any discrimination, to asylum application procedures and evaluation of the obstacles to the integration policy under the Refugees Act of 2009 (CERD/C/KAZ/6-7, paras. 76–80; CERD/C/KAZ/CO/4-5, para. 15);

(e)Administrative detention of asylum seekers and irregular immigrants, including length and conditions of detention and access to legal safeguards;

(f)Non-refoulement: give an update on the actual application of current legal provisions concerning refusal of entry and expulsion of non-nationals.