Chairman of Kazakh Constitutional Council on Kazakhstan's obligations as UNHRC member

In an interview to "Kazakhstanskaya Pravda" newspaper, Chairman of the Constitutional Council of Kazakhstan Igor Rogov told about what opportunities and obligations Kazakhstan would  face as a member of the UNHRC.

Kazakhstan for the first time became a member of the UN Human Rights Council. Can we say that the human rights sphere of the country sufficiently fulfills the international standards?

This year two large events happened in the human rights field. On March 13, Kazakh President Nursultan Nazarbayev signed a decree on Kazakhstan's membership in the European Commission for Democracy through Law, better known as the Venice Commission. It demonstrates the international recognition of the achievements of Kazakhstan to strengthen the rule of law.

On November 12, Kazakhstan was elected as member of the UN Human Rights Council during the 67th session of the UN General Assembly in New York. This also confirms the progress of Kazakhstan in the sphere of the inviolability of human rights and the rule of law.

A lot has been done over the years to protect the rights and freedoms due to the Kazakh President's instruction on the full disclosure of the potential of the Basic Law. Kazakhstan joined a number of international treaties in the field of universal human rights. It is symbolic that the first of these was the Convention on the Rights of the Child.

Kazakhstan has always supported the organization and actively cooperates with other human rights bodies of the UN.

International experts recognize the progress that Kazakhstan has achieved in the sphere of human rights protection. Now we are ready to demonstrate that we can not only correct the deficiencies, but also to be a model to emulate for other countries.

In the field of human rights there are several UN bodies - the Council and the Committee for Human Rights.  UN High Commissioner for Human Rights visited Kazakhstan this summer. What are their resposibilities and how do they differ?

The Human Rights Council is an inter-governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It meets at the UN Office at Geneva.

The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly. The Human Rights Council replaced the former United Nations Commission on Human Rights.

The Council was created by the United Nations General Assembly on 15 March 2006 by resolution 60/251. Its first session took place from 19 to 30 June 2006. One year later, the Council adopted its "Institution-building package" to guide its work and set up its procedures and mechanisms.

Among them were the Universal Periodic Review mechanism which serves to assess the human rights situations in all United Nations Member States, the Advisory Committee which serves as the Council's "think tank" providing it with expertise and advice on thematic human rights issues and the Complaint Procedure which allows individuals and organizations to bring human rights violations to the attention of the Council.

The Human Rights Council also works with the UN Special Procedures established by the former Commission on Human Rights and now assumed by the Council. These are made up of special rapporteurs, special representatives, independent experts and working groups that monitor, examine, advise and publicly report on thematic issues or human rights situations in specific countries.

In contrast to the Council, which serves as the statutory body of the UN, the  Committee on Human Rights is  a treaty body. In 2009, Kazakhstan acceded to the Optional Protocol to the International Covenant on Civil and Political Rights of 19 December 1966. Thus, we have recognized the competence of the Committee on the Human Rights Council to take and consider communications from individuals subject to the jurisdiction of Kazakhstan in respect of acts and omissions of public authorities or the steps they have acts or decisions.

As part of the integration process, domestic human rights mechanisms are gradually complemented by international legal institutions. Does the membership in the board impose any additional obligations?

Certainly, it does. Now Kazakhstan is a board member, which monitors the implementation of these and other international human rights instruments in domestic law of any country, including Kazakhstan. So, as they say, to evaluate other countries, now Kazakhstan has to meet the requirements itself.

What steps should be taken by Kazakhstan in connection with the accession to the board?

Membership in the council imposes a huge responsibility and requires a set of measures to further improve the country's law enforcement system. By applying for membership, Kazakhstan expressed unambiguously determination to continue the reforms in this area.