H. E. Nursultan Nazarbayev
President of the Republic of Kazakhstan
Office of the President
11 Mira Street
Astana 473000
Kazakhstan

Fax: +7 3172 323 073

Vienna, 23 March 2004

Your Excellency,

The International Press Institute (IPI), the global network of editors, media executives and leading journalists in over 120 countries, is deeply concerned at the decision of the Kazakh Parliament to adopt the Law on Mass Media (“the law”).

On 18 March, the Kazakh Parliament approved the new law, which awaits ratification by Your Excellency. According to information provided to IPI, the law seeks to strengthen government control over the media and exacerbates the already poor situation for journalists in Kazakhstan.

IPI produced an in-depth analysis of the draft law in July 2003. The current version of the law contains many of the same defects, including ill defined and vague terms, such as “propaganda” and “state secrets”, as well as vague restrictions on what may be broadcast. It also proposes a strict registration scheme overseen by bodies not independent from the government. Journalists face several years in prison and exorbitant fines if they break the law.

In its present form, the legislation fails to respect international standards on press freedom and freedom of expression, including Article 19 of the International Covenant on Civil and Political Rights, which Kazakhstan signed in December 2003.

IPI believes that there are areas where there is a distinct need to remove ambiguities and contradictions in the wording of the legislation in order to avoid abuse by the authorities. If the proposed law is to remain in its present form, it is difficult not to see the law as a government inspired attempt to control and intimidate the media.

At a time when the government claims that it is serious about introducing real change to the Kazakhstan media environment before the October parliamentary election, the abovementioned law conveys the opposite view. Moreover, in December 2003, local press freedom groups, including Adil Soz and the Almaty office of Internews, pulled out of government-led consultations over the bill after their suggestions were constantly rejected.

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