H.E. Nursultan Nazarbaev
President of the Republic of Kazakhstan
Ul. Beybitshilik 11
473000 Astana
Kazakhstan
Fax: +7-3172-243308 / +7 3172 323 073
Vienna, 4 July 2006
Your Excellency,
The International Press Institute (IPI), the global network of editors, media executives and leading journalists in over 120 countries, is deeply concerned about amendments to Kazakhstan’s media law that, if signed into law, would impose significant restrictions on mass media in Kazakhstan.
The bill awaiting your assent seeks to strengthen government control over the media and exacerbates the already difficult situation for journalists in Kazakhstan.
According to information before IPI, Kazakh lawmakers began debating the proposed changes on 7 June. The lower chamber adopted the controversial legislation on 21 June, and the upper house passed it on 29 June.
Based on legal reviews of the proposed amendments by organisations such as the London-based Article 19, the amendments impose strict registration requirements on all media outlets except Internet media, and would, for example, bar owners and editors of previously banned periodicals from working in the same capacity for other publications. The amendments would also increase the number of reasons used to deny a media outlet official registration.
IPI agrees with other international organisations that while it is necessary to licence broadcast media, because the spectrum for broadcasting used by radio and television is a limited public resource, such arguments do not apply to print media. It should be noted that registration and licensing are open to abuse on political grounds. Media advocacy groups and other international organisations have also argued that the proposed changes would make Kazakhstan’s media legislation one of the most restrictive in Central Asia.
Journalists in Kazakhstan have strongly criticized the proposed amendments and maintain that the amendments were passed by Parliament too hastily and without “a serious and detailed analysis and discussion.”
Moreover, it was reported that the Journalists Union together with the Congress of Kazakh Journalists have prepared an alternative package of legislative amendments, although Parliament has not agreed to consider the draft changes.
However, there are leading politicians in your country, who also supported the efforts of the Journalists Union and tried to encourage Parliamentarians to debate the alternative draft legislation.
In its present form, the bill fails to respect international standards on press freedom and freedom of expression, including Article 19 of the International Covenant on Civil and Political Rights (ICPPR), which Kazakhstan signed in December 2003.
Furthermore, the amendments are not in compliance with Organization for Security and Co-operation in Europe (OSCE) principles upholding freedom of the press, nor with the various UNESCO declarations on media freedom.
With the above in mind, IPI calls on Your Excellency to veto this law and to reopen the discussion process, allowing a greater degree of dialogue with local journalists, press freedom groups and international organisations.
We thank you for your attention.
Yours sincerely,
Johann P. Fritz
Director