7 August 2011: For immediate release

CLD Comments on Draft Kazakh Law on Access to Information
The Kazakh Parliament (the Mazhilis) is working on developing a right  
to information law, after years of advocacy by civil society groups.  
The current draft has been published for comment and will be reviewed  
by the government and Parliament in 2012. The Centre for Law and  
Democracy has issued a set of Comments on the latest draft. CLD Legal  
Officer, Michael Karanicolas, will attend a roundtable in Astana from  
11-12 August 2011 to discuss these Comments, as well as international  
standards regarding a number of other freedom of expression issues.

?CLD welcomes these efforts to adopt a right to information law in  
Kazakhstan,? said Toby Mendel, Executive Director of CLD. ?At the same  
time, our assessment shows that significant improvements are still  
required to ensure that the draft that is being prepared largely  
respects international standards.?

CLD?s recommendations include:

?    That the law should include all organs and branches of  
government, all state-owned enterprises, all statutory and  
constitutional bodies, and all private bodies that perform a public  
function.

?    The regime of exceptions should be revised so that the right to  
information law overrides secrecy laws.

?    The law should create an independent administrative oversight  
body to hear appeals against violations of the right to information,  
as well as to oversee the implementation of the law more generally.

?    Officials who undermine the right to information should be  
subject to a system of sanctions.

?    Public authorities should be required to undertake promotional  
measures, such as reporting annually on their implementation efforts  
and training officials.

CLD welcomes the initiative by the Kazakh government to enact this law  
and hopes that its final version will be more fully in line with  
international standards.

The full commentary is  available at: 
http://www.law-democracy.org/wp-content/uploads/2010/07/11.08.Kazakh.FOI-Analysis.pdf
 
.



For further information, please contact:

Michael Karanicolas

Legal Officer

Centre for Law and Democracy

email: michael at law-democracy.org

tel: +1 902 448-5290

www.law-democracy.org

___________________________________
Toby Mendel
Executive Director

Centre for Law and Democracy
toby at law-democracy.org
Tel:  +1 902 431-3688
Fax: +1 902 431-3689
www.law-democracy.org




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