A/HRC/43/2
Kazakhstan had accepted recommendations to amend Article 174 of the Criminal Code in
line with Article 19 of the International Covenant on Civil and Political Rights, but regretted
that the key recommendations on the rights to peaceful assembly and association were merely
noted. It stated that non-governmental organizations faced undue restrictions and stringent
reporting requirements under legislation introduced at the end of 2015 as well as frequent tax
inspections. Criminal and administrative codes provided sanctions of deprivation of liberty
for breaching the law on holding assemblies, including for participating in illegal
demonstrations. It remained concerned about the lack of protection for those exercising
freedom of expression. It urged Kazakhstan to immediately and unconditionally release Maks
Bokaev and to respect and protect the right to freedom of expression online and offline. It
regretted that Kazakhstan did not accept recommendations to adopt comprehensive
legislation on non-discrimination based on sexual orientation and gender identity and stated
that Kazakhstan must also follow through the implementation of recommendations from its
last universal periodic review to prohibit discrimination against women. It called on
Kazakhstan to accept its remaining recommendations and to create a concrete time-bound
action plan in consultation with civil society and all stakeholders.
704. The International Lesbian and Gay Association stated that Kazakhstan received ten
recommendations urging it to adopt comprehensive anti-discrimination legislation that
includes an explicit prohibition of discrimination based on sexual orientation and gender
identity. It appreciated that Kazakhstan accepted one recommendation on LGBTI human
rights defenders but that ten other recommendations calling for non-discrimination protection
on the basis of sexual orientation and gender identity were only noted. It stated that the
national equality legislation provided an inadequate definition of discrimination, did not
establish a clear course of action for women experiencing discrimination and did not provide
remedies for cases of discrimination, and thus, Kazakhstan was not meeting its obligation
under Article 2 of the International Covenant on Civil and Political Rights, International
Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination
of All Forms of Discrimination against Women. It stated that there was no explicit prohibition
of discrimination on the basis of sexual orientation and gender identity under national law,
despite the Government's response that the existing legislation provided for the principles of
non-discrimination based on the grounds of sex. It stated that it stood ready to work with the
Government of Kazakhstan on the implementation of and follow-up to all recommendations
in relation to sexual orientation and gender identity.
705. Alliance Defending Freedom commended Kazakhstan for the tentative steps taken to
strengthen respect for freedom of religion and belief since the previous review cycle. It
welcomed the establishment of a joint expert working group on religious freedom, as well as
the Government's commitment to further developing dialogue with civil society
organizations. It stated that, despite the acceptance by Kazakhstan of several
recommendations aimed at further promoting interfaith dialogue and upholding respect for
freedom of religion or belief, it was disappointed with the decision not to endorse those calls
to revisit the 2011 law on religious activity and religious associations. It called on the removal
of the religion laws requiring mandatory registration for religious organizations. It called
upon Kazakhstan to reconsider its response to the related recommendations and to continue
to move forward along the path to greater religious freedom and pluralism in society.
4.
Concluding remarks of the State under review
706. The Vice-President stated that, based on the information provided, out of 245
recommendations received, 214 enjoy the support of Kazakhstan, and 31 are noted.
707. The representative from Kazakhstan thanked all Member States, United Nations
bodies, and non-governmental organizations for their inputs and comments and reiterated the
importance the universal periodic review process has for Kazakhstan. During the review,
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