Kazakhstan: Attacks against Mr. Yevgeniy Zhovtis and other representatives of KIBHR

The Observatory has been informed by reliable sources about the latest attack against human rights defenders, and in particular against Mr. Yevgeniy Zhovtis and other representatives of the non-governmental human rights organisation “Kazakhstan International Bureau for Human Rights and Rule of Law” (KIBHR) [1], who critisized the excessively restrictive law “On the Procedure for Organizing and Holding Peaceful Assemblies in the Republic of Kazakhstan” that was adopted in Kazakhstan in April this year.

According to the information received, during his June 25, 2020 interview to the Ana Tili newspaper (“Mother Tongue” in Kazakh), the President of Kazakhstan Kassym-Jomart Tokayev claimed that the Kazakh human rights defenders who criticised the new law did so in order to destabilise the nation. The interview further states that “some of the citizens, who receive grants from international human rights organisations, came up with ungrounded critiques of the law. In their opinion, in Kazakhstan there must be the principle "When I want, with whom I want, where I want", that is, complete permissiveness. I was especially outraged by their demands to allow foreign citizens and minors to participate in assemblies". [2]

The Observatory is alarmed by the striking resemblance of this narrative to that by the Russian authorities, which demonizes civil society organisations labeling them ‘foreign agents’. The attack against the human rights defenders seems particularly disturbing against the backdrop of the expansion of nationalistic discourse within the Kazakh society and growing influence of the nationalist polititians.

The Observatory reminds the systematic failure [3] of the Kazakhstan authorities to guarantee the freedom of assembly: Kazakhstan has long been criticized for its restrictive laws regulating demonstrations. [4] President Kassym-Jomart Tokayev pledged in 2019 to carry out reforms after succeeding Nursultan Nazarbaev, who ruled the country for nearly 30 years.

The Observatory fears that the latest attack constitute a reprisal for the critical attitude of the KIBHR and its employees towards the legislation, including the above mentioned law. In particular, it imposes severe and unjust restrictions as to the time and the place of assemblies, prohibits foreigners from holding assemblies, and places heavy burdens on the organisers of assemblies, contrary to Article 21 of the International Covenant on Civil and Political Rights (ICCPR) on the right to freedom of peaceful assembly.

The Observatory strongly condemns the attack against the KIBHR members and the inaction of the authorities regarding the increasing attacks, acts of harassment and provocations against human rights defenders, and urges the Kazakh authorities to take swift and stern measures to reverse the current trend detrimental to the independence of the civil society and democracy in Kazakhstan.

Background information:

Since May 2020, a smear campaign against Mr. Yevgeniy Zhovtis and other representatives of the non-governmental human rights organisation KIBHR is underway in Kazakhstan. The acts of harassment in social networks and online news media came after the critical position taken by the KIBHR in relation to the draft law “On the Procedure for Organizing and Holding Peaceful Assemblies in the Republic of Kazakhstan”, that was adopted by Majilis (the lower Chamber of the Parliament) on April 8, 2020, while the state of emergency was declared in the country [5].

On April 28, 2020, a large-scale, well-orchestrated smear campaign was launched in the media and social networks against Mr. Yevgeniy Zhovtis, the KIBHR, and other civil society organisations critical of the law. The online operation followed several publications by the KIBHR, including a statement [6] against the adoption of the draft law, which it found to be contrary to international human rights standards on the freedom of assembly, and a translation of the Recommendations of the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association Mr. Clément Nyaletsossi Voule, who has previously addressed his concerns on the issue to the Kazakhstan government. [7]

Several dozens of publications appeared on social networks and online media, that systematically receive funds from the State, in a short period of time from April 28 to May 2, 2020. Many of the posts similar in letter and identical in spirit appeared almost simultaneously within the span of one or two days. Besides ordinary internet users and fake accounts, among the authors of publications are public figures known for extreme nationalist views and owners of a government-linked "troll factory”. [8] These posts were primarily accusing the KIBHR of defending the right of foreigners to peaceful assembly. Many of the attacks were also focused on the ethnicity of the KIBHR employees and on the fact that the organisation receives funding from foreign donors.