Speech by Ambassador Traian Hristea at the Third Annual Lawyers Forum of Kazakhstan “Topical questions of advocatory reform in the Republic of Kazakhstan”

Dear Chairman of the Republican Bar Association, Mr Anuar Tugel,

Honourable Members of the Parliament

Distinguished guests

Your Excellencies, ladies and gentlemen,

On behalf of the European Union I am delighted to be here today with you at the Third Annual Lawyers Forum of Kazakhstan which is called “Topical questions of advocatory reform in the republic of Kazakhstan.”

Allow me to join the previous speakers in congratulating you as representative of Kazakh nation on the occasion of Independence Day! Independence is also important concept close to your own profession.

The rule of law, respect for fundamental human rights and democracy are the values ​​on which the European Union is built. The independence of the legal profession, as well as the independence of the court, is a fundamental principle on which the justice system, based on the rule of law, is established and therefore trusted.

The International Law clearly requires respect for the principle of independence in the organization and activities of the bar. This is clearly stated in the standards of the UN, the Council of Europe and the OSCE and it is the cornerstone of any judicial system of the each and every EU Member State.

International standards on the role of lawyers recognize that lawyers are indispensable actors in the administration of justice and, along with judges and prosecutors, are obliged to protect human rights and the rule of law.

Kazakhstan has repeatedly stated its commitment to adherence to international standards. The ongoing reform of the legal profession represents another opportunity to ensure the implementation of international standards, including greater guarantees of the independence of the bar.

The reform of the judiciary is an important step that the EU strongly supports. As applied to the bar, these principles will mean independence, self-governance, professional and ethical standards. International experience shows that different models could have important roles in promoting an efficient reform, but ultimately the models that are accessed as successful are the ones that have the proven track record of the international standard implementation, and not those who make reference to various exceptions to the rules.

Such an approach to the reform is the best way to increase the trust of judicial system in the eyes of the population, society, investors, human rights defenders and actually the authorities themselves. Against the background of the judicial reform the independence of lawyers would require in principle, among other things, the absence of government interference in the governance of the bar. In its turn, the bar system should provide high standards of transparency, accountability and ethics.

Reforms in the judiciary in Central and Eastern European countries showed that state intervention in regulating the associations internal structure up to the smallest details leads to the lowering of trust into the justice system.

The previous meeting in Astana and the meeting today prove that the amendments to the legislation under consideration are still to be further processed, so as to enhance the trust between drafters and practitioners, and last, but not least the trust of clients of the judiciary, citizens, companies, and state authorities equally. 

As you know, the bill recently was submitted to the Majilis for consideration. In this regard, the European Union calls upon all those involved in the national parliamentary debate and decision making process not to hurry and to consider all possible options as carefully as possible, in order to take into account the internationally assumed commitments, as well as the opinions and recommendations expressed on this subject by the OSCE/ODIHR, Council of Europe and International Commission of Jurists. They should bear in mind that those who will actually benefit from the text of the new law is neither the government, nor the advocates, but the Kazakh citizens and society, companies, tax payers of this country who expect to be treated in confidence, to have a quality service and to hope that a fair deal could be reached in the courts. 

Dear participants,

You probably know from our press release that the European Union has expressed its views on the ongoing reform of the legal profession in Kazakhstan during the EU-KZ Justice and Home Affairs Committee and the Human Rights Dialogue that took place in Astana last week. We drew the Government's attention to some provisions of the draft law.  

At the same time, I would also like to encourage you to address the ongoing internal reform issues pending from quite some time now. It will definitely enhance your reputation and professional standing, if you will take the initiative and not wait for an external regulation.

In conclusion, let me wish you success in the work of the third forum and fruitful discussions.