Russia and Kazakhstan are due to expand cooperation on the regulation of non-commercial organization activity, starting on January 1. NGO representatives in Kazakhstan are wary that the bilateral agreement will make it more difficult for them to operate in the Central Asian nation. But the deal could also cover other areas, such as the activity of religious organizations.
A Memorandum of Understanding, signed by officials from the justice ministries of both countries in late November, appears to provide for the expansive sharing of information. The agreement covers 2025-26.
“The Memorandum will allow the parties to exchange experience in the field of normative-legal regulation of the activities of non-commercial organizations and the legislative process, texts of normative legal acts and information about law-enforcement practice in this area,” according to a statement issued by the Russian Justice Ministry.
The Russian statement also refers to “the implementation of digital technologies in the legal environment, ensuring international information security.” Independent observers believe such phrasing is code for enhanced digital snooping on NGOs and other types of non-profit organizations.
The memo “strengthens the international legal basis of Russian-Kazakh cooperation in the sphere of justice,” the Russian Justice Ministry statement concludes.
Kazakhstan’s Justice Ministry adopted a more circumspect tone on the agreement, emphasizing that national legislation will be prioritized over the measures outlined in the memo, and that cooperation can be suspended at any time, if Kazakh officials determine joint activities violate national regulations, according to a report distributed by the Vlast news outlet.
The lack of specifics on bilateral cooperation embodied in the memo is a source of concern among Kazakh NGO representatives. In the eyes of many Kazakh activists, Russia is closely associated with the restriction of all forms of independent information and the repression of the non-governmental sector via a strict regulatory framework, including the notorious ‘foreign agents’ law that effectively bars non-profits from receiving foreign funding.
“It sounds scary: Kazakhstan will study the experience of a country [Russia] that is on the path of suppressing the freedom of NGOs and persecuting activists,” Elena Shvetsova, the executive director of Wings of Freedom, a rights-oriented NGO, told Eurasianet in an interview.
In Shvetsova’s view, NGOs in Kazakhstan generally enjoy wide latitude to operate in fields not touching on politics or socially sensitive topics. While Kazakhstan currently does not have any ‘foreign agents’-style legislation on the books, tax inspectors do conduct spot audits of NGOs. In addition, disclosure regulations require NGOs to provide authorities with information about their respective operations, including information about key personnel, assets and sources of funding.
A report issued by the US mission in Kazakhstan in the spring of 2024 echoed Shvetsova’s view that local non-profit groups and international rights-promotion organizations enjoy relative freedom in carrying out watchdog functions, including publishing the results of investigations into human rights violations. At the same time, some international and local human rights groups reported that the government closely monitors the activities of NGOs working on sensitive issues, and uses various methods of harassment, including police visits and surveillance of NGO offices, staff and their family members, the report says.
“The State Revenue Committee published a list of 240 entities and individuals receiving foreign funding. Civil rights experts noted the registry included many nongovernment employees’ names and individual identification numbers, unique identifiers used to open bank accounts, pay taxes, purchase property, and other activities,” the US mission report states. “Nongovernment experts stated this was a violation of privacy regulations.”
Meanwhile, the US State Department’s latest annual Report on International Religious Freedom notes that “religious groups regarded as “nontraditional,” including Jehovah’s Witnesses, Baptists and other evangelical Protestants, and Muslims who chose to wear headscarves or other identifying attire, continued to face greater societal scrutiny and discrimination.”
US diplomats continue to urge the Kazakh government to “eliminate burdensome registration requirements for religious communities,” the report notes.
