To the government of Kazakhstan:
· Implement fully and as soon as possible the decision announced by the government in July 2002 to rescind the policy of mandatory testing of all persons in government detention. Review the proposed replacement policy on voluntary testing against the United Nations International Guidelines on HIV/AIDS and Human Rights, with particular attention to safeguarding the provision of voluntary and confidential HIV testing and minimizing the use of mandatory HIV testing by the state.
· Discontinue the registration of HIV-positive persons by government offices and any other practice that violates an individual's right to confidentiality about HIV status.
· Discontinue the practice of isolation of HIV-positive prisoners.
· Discontinue the practice of confiscating official identification papers of detainees, drug users and persons living with HIV/AIDS.
· Amend Article 14(2) of the Constitution of the Republic of Kazakhstan on non-discrimination or issue a policy or official edict to interpret the article to ensure that no person can be discriminated against based on HIV status or sexual orientation. Similarly, specify that all persons regardless of HIV status should enjoy equality before the law, as noted in Article 14(1).
· Ensure the prompt review of HIV/AIDS legislation and regulations being undertaken by the government and the use of international standards such as the U.N. International Guidelines on HIV/AIDS and Human Rights against which to judge the appropriateness of laws and policies.
· Establish humane treatment services for narcotics addiction in accordance with Kazakhstan's commitment as a state party to the Single Convention on Narcotics Drugs of 1961 and its additional protocol of 1972, the Convention on Psychotropic Substances of 1971, and the U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988.
· At AIDS centers, skin and venereal disease hospitals and other health facilities, establish health services for persons at risk of and living with HIV/AIDS according to the standards of the U.N. International Guidelines on HIV/AIDS and Human Rights, with particular attention to confidentiality of HIV testing and non-mandatory HIV testing with appropriate counseling. Eliminate all practices by government authorities at these centers and facilities that violate the right to confidentiality of HIV testing and to non-mandatory HIV testing.
· Government officials at all levels should use public events and contacts with the media to condemn persecution of police harassment of and human rights abuses against high-risk groups and HIV/AIDS workers and to reiterate the crucial importance of HIV/AIDS prevention services for persons at high risk.
human rights conventions:
· Ratify the International Covenant
on Civil and Political Rights and its additional protocols.
· Ratify the International Covenant
on Social, Economic and Cultural Rights.
On law enforcement conduct:
· Establish and maintain a program of training for police at all levels on HIV/AIDS, the importance of harm reduction services, and related human rights issues. All new officers should be trained, and there should be refresher training for veteran officers. Police and legal and judicial officers should also be trained on the provisions of the 1997 Kazakh law repealing the prohibition of homosexuality and recent international agreements on the right to nondiscrimination based on sexual orientation.
· Abolish the use of arrest or detention quotas by police at all levels. Accused persons should be detained before trial only in cases where they are likely to flee or represent a threat to the community. Prosecute to the fullest extent of the law those law enforcement agents responsible for arbitrary arrest, extortion, mistreatment and abuse of office.
· Ensure that detainees have full and unimpeded access to counsel during all phases of investigation and trial, that the practice of mistreatment in pretrial detention be ceased, and that confessions coerced under duress cease to be admitted as evidence in Kazakhstan's courts. Ensure that individuals can, without intimidation, put cases of mistreatment to independent authorities for prompt and thorough investigation.
· Ensure that the office of the Ombudsman in Kazakhstan takes it upon itself to investigate violations committed by law enforcement officers.
· Strengthen constitutionally guaranteed legal assistance services and ensure the implementation of these services in a way that does not discriminate against socially marginalized groups such as drug users and sex workers.
To the National AIDS Program:
· Expand and increase the scope of existent harm reduction services, including in prisons, and provide appropriate and adequate training to harm reduction personnel. Ensure access to comprehensive information on HIV/AIDS, and voluntary and confidential HIV testing for all persons in state detention.
· Implement as soon as possible pilot methadone therapy programs scheduled for start-up in the first trimester of 2003.
· Include in AIDS program work plans regular monitoring and follow-up of human rights abuses against individuals in high-risk groups, and define performance indicators showing specific compliance with human rights standards.
· Include persons living with AIDS on government policy-making bodies and coordination committees related to HIV/AIDS policies and programs.
· Take measures to ensure the collection of accurate statistics on HIV/AIDS incidence and prevalence and numbers in high-risk groups.
· Intensify and increase educational and training programs on HIV/AIDS for law enforcement officers and medical professionals.
· Ensure that injection drug users are not discriminated against in access to antiretroviral medicines.
· Intensify information campaigns that explain the basic facts of HIV/AIDS to the general population, including to young people in schools and young men doing their obligatory military service. Such campaigns should stress the importance of not criminalizing or stigmatizing either persons living with HIV/AIDS or vulnerable individuals or groups and should include information on the legality of same-sex behavior.
· Increase information and outreach campaigns to men who have sex with men and expand cooperation with NGOs representing men who have sex with men.
To U.N. agencies
and other multilateral and bilateral donors:
· Urge that Kazakhstan immediately
accede to basic human rights treaties, including the International Covenant
on Civil and Political Rights and its additional protocols and the International
Covenant on Social, Economic and Cultural Rights.
· Target support for HIV/AIDS programs
and policies in Kazakhstan to measures that help bring services in line
with international standards and that reflect protection from stigma and
discrimination for persons affected by HIV/AIDS and the right to voluntary
and confidential testing and comprehensive treatment and care.
To the European Union and Member States:
· Use the periodic reviews of the Partnership and Cooperation Agreement (PCA) to urge the government of Kazakhstan to bring its laws and practices with regard to due process guarantees and freedom of expression into compliance with bilateral agreements and international standards, with particular attention to the violations documented in this report. The parliament should request that the EU-Kazakhstan Cooperation Council issue a public report regarding the state of Kazakhstan's compliance with these international standards, and should make clear that continuation of the PCA is contingent on specific and measurable progress in observation of these standards.
To the United States:
· Continue to urge the government of Kazakhstan at the highest levels to brings its laws and practices with regard to due process guarantees and freedom of expression into compliance with bilateral agreements and international standards, with particular attention to the violations documented in this report, and with specific regard to resolutions such as the Joint Resolution Expressing the Sense of the Congress with Respect to Human Rights in Central Asia, S.J. Res. 3 of January 14, 2003.
To the European Bank for Reconstruction and Development:
· Article 1 of the Agreement Establishing the European Bank on Reconstruction and Development states that its purpose is to promote development in "Central and Eastern Europe countries committed to and applying the principles of multiparty democracy, pluralism and market economics." In light of this statutory commitment, the Bank should consider the findings contained in this report in the context of its annual country assessment for Kazakhstan and signal that the nature and level of future assistance will be contingent on subtantial progress in implementation of the recommendations listed above.