On the approval of Follow-up Plan for Human Rights and the Rule of Law

Pursuant to the Decree of the President of the Republic of Kazakhstan dated April 13, this year No. 871 “On amendments and additions to the Decree of the President of the Republic of Kazakhstan dated June 9, 2021 No. 597 “On further actions of the Republic of Kazakhstan in the field of human rights”, the Government of the Republic of Kazakhstan adopted the “Follow-up Plan for Human Rights and the Rule of Law” dated April 28, 2022 No. 258.

Measures within the Follow-up Plan are aimed at eliminating discrimination against women, promoting equal rights and opportunities for men and women, protecting the rights to freedom of association, the rights of persons with disabilities, victims of human trafficking, migrants, stateless persons and refugees, as well as improving mechanisms for interaction with UN bodies.

The Follow-up Plan includes 27 activities, which can be found in more detail below.

 

Follow-up Plan for Human Rights and the Rule of Law

Name

Outcome

Implementation timeframe

Agencies in charge

 

I. Elimination of discrimination against women

1

Developing mechanisms to prevent violence against women and children

Proposal to the Presidential Administration

By the end of 2022

MIA, GPO (as agreed), MEAS, MLSP

2

Proposal for accession to the International Labor Organization Convention No. 190 on the Elimination of Violence and Harassment in the Workplace

Submitting proposals to the IMC on humanitarian law and human rights

By the end of 2023

MLSP, MIA, GPO (as agreed), MJ

 

II. Promoting equal rights and opportunities for men and women

3

Promote the commitments made to improve gender policy at the local government level

Proposal to the Presidential Administration

August 2022

MIPD, MNE, APS (as agreed), NCHR (as agreed), LEB

4

Elaboration of the issue of increasing women's representation in public and business councils, as well as in consultative and advisory structures under government bodies and in the quasi-governmental sector (at least 30%)

Information to the Presidential Administration

By the end of 2022

MIPD, NCWAFDP (as agreed), and other central bodies, quasi-state organizations

 

III. The right to freedom of association

5

Introduction of amendments to the legislation regulating the activities of public associations, aimed at liberalizing the procedures for their creation and organization of their activities

Draft Law

 

By the end of 2022

 

MIPD

 

6

Further improvement of national legislation and law enforcement practice regarding trade unions and labor conflict resolution, including taking into account the recommendations of the International Labor Organization

Draft Law

 

By the end of 2022

MLSP, MIPD, MJ

 

IV. Human rights in relation to persons with disabilities

7

Development of proposals for non-financial incentives for businesses and organizations in the social and banking spheres, as well as those providing other services to the population to create conditions for the accessibility of persons with disabilities

Proposal to the Presidential Administration

By the end of 2022

MLSP, ARDFM (as agreed), MIPD, MNE, MF, NCE “Atameken”,  LEB

 

V. Human Rights in the Field of Criminal Justice, Execution of Punishment, and Prevention of Torture and Ill-treatment

8

Development of proposals to improve the procedure for considering citizens' applications for release on parole due to illness or disability

Submitting proposals to the IGWG at the GP

September 2022

MIA, MH, GPO (as agreed)

9

Updating the list of diseases that are grounds for exemption from serving the sentence

Order

By the end of 2022

MH, MIA, GPO (as agreed)

10

Elaboration of the issue of legislative consolidation of the principles and approaches of state regulation in the field of human rights protection, including in relation to human rights organizations, eliminating unnecessary administration and control

Proposal to the Presidential Administration

By the end of 2022

MIPD

 

11

Updating the normative rulings of the Supreme Court on the consideration of criminal cases on appeal, cassation, and newly discovered circumstances

Regulatory Resolution

By the end of 2022

SC (as agreed), GPO (as agreed)

12

Development of proposals to improve criminal and administrative legislation in terms of correlation and imposition of penalties, application of administrative penalties as part of the implementation of the Concept of Legal Policy, including taking into account the practice of application and recommendations of norms relating to:

- imposing a ban on certain activities, including public activities (Art. 50 of the CC of the RK);

- development of proposals on Article 131 of the Criminal Code of the RK;

- penalties for discriminatory acts under Article 145 of the Criminal Code "Violation of Equal Rights of Man and Citizen

- clarifying the provisions of Article 405 of the Criminal Code of the RK;

- amending Article 73-3 of the Code of Administrative Offences of the Republic of Kazakhstan with respect to the exclusion of administrative arrest

- supplementing the provisions of Article 274 of the Criminal Code "Dissemination of knowingly false information" in relation to cases where actions do not have features of a criminal offence

Submitting proposals to the IGWG at the GP

2022

GPO (as agreed), MLSP, MIA, MJ, MIPD

 

13

To take measures to further improve the legislation of the Republic of Kazakhstan in terms of the limits and grounds for the use of physical force and special means

Proposal to the Presidential Administration

By the end of 2022

GPO (as agreed), MIA, ACC (as agreed), MJ

14

Proposals on investigating cases of torture in accordance with the Istanbul Protocol

Instructions

2022

GPO (as agreed), ACC (as agreed)

15

Proposals for alternative means of submission of appeals (in addition to written appeals in handwritten format and by submitting them through special terminals), excluding the possibility of restricting access to them by employees of institutions and ensuring full confidentiality of complaints

Proposal to the Presidential Administration

2022-2025

MIA, GPO (as agreed) 

16

Involvement of civilian specialists in the process of human rights education in educational organizations under the law enforcement agencies and the Academy of Public Administration under the President of the Republic of Kazakhstan, the Academy of Justice under the Supreme Court of the Republic of Kazakhstan

Educational events, trainings

By the end of 2022

MIA, GPO (as agreed), SC (as agreed), NCHR (as agreed), Comission on Human Rights under the President of RK (as agreed), NCWAFDP (as agreed), APS (as agreed), Academy of Justice under the SC (as agreed)

17

Attracting small and medium-sized businesses to expand work and employment of prisoners

Information to the Presidential Administration

2022- 2023

MIA, MNE, MIID, NCE “Atameken”

 

18

Improving the functionality of the information system "Centralized Automated Database of the Penitentiary System

Commissioning Act

By the end of 2023

MIA, MF, MDDIAI

 

19

Automation of the process of forming a list of jurors

Draft Law

By the end of 2022

MDDIAI, SC (as agreed), GPO (as agreed)

20

Elaboration of proposals for the construction of 17 modern penitentiary institutions

 

 

Overhaul of buildings, premises and engineering and technical means of security in the institutions

Proposal to the Presidential Administration

 

Commissioning Act

By the end of 2022

 

 

2023

MIA, MNE, MF, LEB

 

21

Working out the issue of introducing amendments and additions to the legislation concerning the transfer of the financial support function of probation services from the national budget to the local level; exclusion of the probation services function of monitoring the execution of punishments in the form of deprivation of the right to hold a certain position or engage in certain activities

Proposal to the Presidential Administration

2022

MIA, GPO (as agreed), SC (as agreed), MF, MNE, NCHR (as agreed), LEB

 

22

Study the development of anti-discrimination legislation, taking into account Article 1, paragraph 1 of the International Convention on the Elimination of All Forms of Racial Discrimination

Information to the Presidential Administration

By the end of 2022

MIPD, GPO (as agreed), MIA, NCHR (as agreed), MJ and other interested government agencies and organizations

23

Establishment of a Working Group on the Protection of Human Rights Defenders

 

Creation of the Working Group

First half of 2022

NCHR (as agreed), GPO (as agreed), MIA, MIPD

 

 

VI. Ensuring the rights of victims of human trafficking

24

Introduction of the draft law on combating human trafficking in the Republic of Kazakhstan

Concept on the Draft Law

 

Draft Law

September 2022

 

April 2025

MLSP, MIA, GPO (as agreed), MJ, MFA, NCHR (as agreed), Comission on Human Rights under the President of RK (as agreed)

25

Adoption of the Action Plan of the Government of the Republic of Kazakhstan on preventing and combating crimes related to human trafficking for 2024-2026, taking into account the analysis of the current Action Plan of the Government of Kazakhstan and the recommendations set out in the special report of the Commission on Human Rights under the President of Kazakhstan

Government Resolution

December 2023

MIA, MLSP, GPO (as agreed), MFA, MH, NCHR (as agreed), Comission on Human Rights under the President of RK (as agreed)

 

VII. Human Rights of Migrants, Stateless Persons, and Refugees

26

Proposing international treaties related to the protection of human rights of stateless persons, and foreign nationals temporarily residing in Kazakhstan

Proposal to the Presidential Administration

By the end of 2022

MLSP, MIA, MFA, MJ

 

VIII. Improving the mechanisms of interaction with UN bodies

27

Work on the further implementation of human rights assessment indicators, based on the Global Indicators developed by the Office of the UN High Commissioner for Human Rights

Information to the Presidential Administration

2023 – 2024

MJ, АСПР (as agreed), MNE, GPO (as agreed), SC (as agreed), MIA, CEC, NCHR (as agreed), MIPD, MFA, MLSP, MH, MEAS, ACC (as agreed), MIID, MDDIAI, MES, МEGNR, МA, MF, ME, LEB

 

 

 

Note: Abbreviations:

 

APS

ACC

ASPR

ARDFM

 

SC

GPO

MIA

MH

MIPD

MFA

MIID

LEB

MNE

MEAS

MA

MLSP

MF

MDDIAI

 

MES

ME

МEGNR

 

MJ

NCWAFDP

 

NCHR

NCE

CEC

-

-

-

-

 

-

-

-

-

-

-

-

-

-

-

-

-

-

-

 

-

-

-

 

-

-

 

-

-

-

 

Agency for Public Service of the Republic of Kazakhstan

Agency of the Republic of Kazakhstan for Counteraction of Corruption

Agency for Strategic Planning and Reforms of the Republic of Kazakhstan

Agency for Regulation and Development of the Financial Market of the Republic of Kazakhstan

Supreme Court of the Republic of Kazakhstan

General Prosecutor's Office of the Republic of Kazakhstan

Ministry of Internal Affairs of the Republic of Kazakhstan

Ministry of Health of the Republic of Kazakhstan

Ministry of Information and Public Development of the Republic of Kazakhstan

Ministry of Foreign Affairs of the Republic of Kazakhstan

Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan

Local executive bodies

Ministry of National Economy of the Republic of Kazakhstan

Ministry of Education and Science of the Republic of Kazakhstan

Ministry of Agriculture of the Republic of Kazakhstan

Ministry of Labor and Social Protection of the Republic of Kazakhstan

Ministry of Finance of the Republic of Kazakhstan

Ministry of Digital Development, Innovations and Aerospace Industry of the Republic of Kazakhstan

Ministry of Emergency Situations of the Republic of Kazakhstan

Ministry of Energy of the Republic of Kazakhstan

Ministry of the Environment, Geology and Natural Resources of the Republic of Kazakhstan

Ministry of Justice of the Republic of Kazakhstan

National Commission on Women Affairs and Family and Demographic Policy under the President of the Republic of Kazakhstan

National Center for Human Rights in the Republic of Kazakhstan

National Chamber of Entrepreneurs “Atameken”

Central Election Commission of the Republic of Kazakhstan

 

 

Дата публикации
28 апреля 2022