A/HRC/14/37
censorship were directed against publications that criticize the Government. The law
promulgated by the President in July 2009 restricted editorial activities and freedom of
expression on the Internet. Reporters sans Frontières stated that there was also a restrictive
law on protection of private life, which had drastically worsened conditions for
investigative journalism.
330. The Canadian HIV/AIDS Legal Network welcomed Kazakhstan’s acceptance of the
recommendations 39 and 40 in paragraph 95 of the Working Group report, and urged the
Government to take steps to prevent HIV infection in prisons. It commended Kazakhstan
for developing anti-discrimination legislation, and encouraged it to include sexual
orientation and gender identity as grounds of discrimination. It urged Kazakhstan to apply
international best practices, in particular the Yogyakarta Principles on the Application of
International Human Rights Law in relation to Sexual Orientation and Gender Identity to
recognize the rights of transgender people to change gender and name in official documents
in accordance with their self-defined identity. It asked Kazakhstan what measure might
assist the Government to reach a favourable conclusion to recommendation 2 in paragraph
97 related to joining the declaration on sexual orientation and gender identity.
4.
Concluding remarks of the State under review
331. The delegation stated that many recommendations made during the review had been
included in the 2010 report on the human rights situation prepared by the national
commission of human rights in close cooperation with civil society. Furthermore, the
national commission had submitted a recommendation to relevant State bodies to take
relevant steps for the decriminalization of libel and defamation in the media. The delegation
also referred to Kazakhstan’s plan to establish a national human rights institution in
accordance with the Paris Principles.
332. In response to the statements on cases of torture, the delegation referred to the
Government’s decision with regard to the implementation of the Committee against Torture
and the Prosecutor’s decision to initiate a prompt and thorough investigation in respect to
individual complaints on cases of torture.
333. With regard to the reform of the judiciary, the Government was considering the
recommendations to improve national legislation and practice in this area made by the
national human rights mechanism and a number of countries in the Working Group.
Kazakhstan had already established a judicial system that comprised three levels of courts,
and all judges and law enforcement officials participated in human rights courses.
334. The delegation assured that Kazakhstan had taken all measures to ensure the equal
enjoyment of rights of migrants. In December 2009, Kazakhstan ratified the Convention on
the Status of Migrant Workers of the Commonwealth of Independent States. A new law on
migration had been drafted and presented to civil society for its feedback.
335. In its response to statements on the freedom of religion, the delegation stated that,
taking into account the recommendations made during the universal periodic review, the
Government was working on a new draft law on religious organizations and freedom of
religion and belief.
336. The national commission on human rights, with the active participation of
Government agencies and non-governmental organizations, continued to work to address
issues related to the protection of the rights of journalists.
337. Regarding gender equality, Kazakhstan was currently implementing a State
programme on gender equality, with the goal of ensuring that 30 per cent of decisionmaking positions were covered by women by 2016.
GE.12-17781
99
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