Appeal to Deputies of Majilis of Parliament of the Republic of Kazakhstan
29 october 2009
Majilis of Parliament of the Republic of Kazakhstan approved the draft law “On Amendments into Some Legislative Acts of the Republic of Kazakhstan of Protection of Rights of Citizens to Privacy Acts”. It was done by Ministry of Justice. Ministry of Justice proposes new unprecedented punishment for dissemination of illegally obtained information in mass media on privacy acts of private person to five years of imprisonment.
We believe that this draft law violates balance of human rights and freedoms, proclaimed by Constitution of Kazakhstan and puts serious barrier on way of struggle for corruption.
“Everyone has right to privacy acts, personal secret and family skeleton, protection of honor and dignity”, appealing to article 18 of the Constitution of our country; draftsmen forgot that freedom of speech and creation have been guaranteed under article 20 of the Constitution.
General Assembly of the United Nations adopted the resolution № 59 (I) in 1946, which states: “Freedom of information is a fundamental human right of criterion of all other freedoms”. Article 19 of International Covenant on Civil and Political Rights: “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”. It was ratified by Kazakhstan, and according to our Constitution, which has precedence over domestic national laws.
We believe that the strengthening of legal measures of its protection should be done in parallel with the strengthening of rights of the society to public important information, while respecting human right to privacy. It is necessary to develop and use a concept “public person” in legal system and principle that representatives of the government should be allowed more not less, criticism, decriminalize libel and defamation on the model of developed democratic countries.
Private life of person – is an indisputable criterion of its performance integrity. All crimes of officials are committed clearly in mode of life, habits and tastes of corrupt official. High penalty for publication of information on life of responsible officials does not meet to order of President of the Republic of Kazakhstan N. Nazarbayev. It contravenes to constitutional principle of freedom of speech. If these norms become a law in the country-chairman of OSCE, transparency will be prohibited. The most principled and talented journalists will be in prison.
We ask deputies of Majilis of Parliament to make an analysis of law “On Privacy Acts” and reject it as not conforming to the basic law of our country, expressing interests of the journalistic community of Kazakhstan.
Chairman of Board of Union of Journalists of Kazakhstan S. Matayev.
President of International Foundation for Protection of Freedom of Speech “Adil soz” T. Kaleyeva.
We believe that this draft law violates balance of human rights and freedoms, proclaimed by Constitution of Kazakhstan and puts serious barrier on way of struggle for corruption.
“Everyone has right to privacy acts, personal secret and family skeleton, protection of honor and dignity”, appealing to article 18 of the Constitution of our country; draftsmen forgot that freedom of speech and creation have been guaranteed under article 20 of the Constitution.
General Assembly of the United Nations adopted the resolution № 59 (I) in 1946, which states: “Freedom of information is a fundamental human right of criterion of all other freedoms”. Article 19 of International Covenant on Civil and Political Rights: “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”. It was ratified by Kazakhstan, and according to our Constitution, which has precedence over domestic national laws.
We believe that the strengthening of legal measures of its protection should be done in parallel with the strengthening of rights of the society to public important information, while respecting human right to privacy. It is necessary to develop and use a concept “public person” in legal system and principle that representatives of the government should be allowed more not less, criticism, decriminalize libel and defamation on the model of developed democratic countries.
Private life of person – is an indisputable criterion of its performance integrity. All crimes of officials are committed clearly in mode of life, habits and tastes of corrupt official. High penalty for publication of information on life of responsible officials does not meet to order of President of the Republic of Kazakhstan N. Nazarbayev. It contravenes to constitutional principle of freedom of speech. If these norms become a law in the country-chairman of OSCE, transparency will be prohibited. The most principled and talented journalists will be in prison.
We ask deputies of Majilis of Parliament to make an analysis of law “On Privacy Acts” and reject it as not conforming to the basic law of our country, expressing interests of the journalistic community of Kazakhstan.
Chairman of Board of Union of Journalists of Kazakhstan S. Matayev.
President of International Foundation for Protection of Freedom of Speech “Adil soz” T. Kaleyeva.
