Kazakhstan and the Optional Protocol to the United Nations Convention Against Torture: National Preventive Mechanism

Abstract

The purpose of the research is to study the progress made by Kazakhstan in practical implementation of international commitments taken under Human rights treaties. The theory of socialization process with five-phase spiral model designed by Risse, Ropp, and Sikkink is used in order to study different factors that lead to application of these commitments on ground in particular institutionalisation and habitualisation of human rights international norms. The theory of socialization process is accomplished when the country manages to gradually traverse phases of repressions, denial, tactical concessions, and prescriptive status, and reaches the final fifth phase of rule consistent behaviour. Kazakhstan has taken serious steps towards realization and implementation of international commitments and obligations. However, recent developments in the country have alarmed and raised questions about superficiality and sustainability of reforms and commitments to human rights obligations. The analysis studies the implementation of the central obligation of the Optional Protocol to the Convention against Torture on the establishment of the National Preventive mechanism. The experience of Kazakhstan has shown that even though there is no political or system resistance towards human rights changes, the country needs sufficient time and professional expertise in order to smoothly continue the process. Thus advancement towards the final fifth phase in the theory of socialization process is a difficult and long-term mission that might even take a ‘zigzag’ form.