On Peaceful Assemblies and Rallies in Kazakhstan

Following the election of President Kassym-Jomart Tokayev in 2019, the government of Kazakhstan recognised the need to update its legislation regarding peaceful rallies. In this regard, on May 25, 2020, the Head of State signed into law a conceptually new legislation on organising and conducting peaceful assemblies (the Law on the Procedure for Organizing and Holding Peaceful Assemblies). It entails the following new elements:

• Notification procedure: For the first time ever in Kazakhstan, the legislation introduced a notification procedure for holding peaceful assemblies, including pickets and rallies. The notification by the organisers of the assemblies does not require any response from the local executive bodies and authorities, and is considered agreed upon by default.
• Designated protest zones: Kazakhstan has adopted the British principle of selecting designated venues for rallies. Special protest zones are set up in Nur-Sultan, major cities, and each of the districts. 
• Eased regulations for rallies: The time needed for the public to notify authorities of their intent to hold a political rally has been reduced to only five days.

The notification procedure complies with all the basic principles of a peaceful assembly, which are accepted by the international community. They include:

• Non-aggression
• Legality
• Ensuring state security, public order, safety, and protection of the rights and freedoms of others

 

The new law in practice

A number of large peaceful assemblies have been organised recently in line with the new legislation by notifying the authorities. They were held by civil activists throughout Kazakhstan. For example:

• On October 31, 2020, civil activists Bakhytzhan Toregozhina and Galym Ageleuov notified the Almaty city Mayor’s Office about holding a rally regarding civil and political rights. Though not necessary, the Mayor’s Office provided a written confirmation of authorisation to hold the rally.
• Journalist Lukpan Akhmedyarov organised a rally on February 28, 2021, in the Uralsk city. After receiving the notification regarding the rally, the local authorities prepared designated places for holding the event, to ensure safety and security for the participants and other residents of the city.

 

The use of “kettling”

Kettling (also known as containment or corralling) is a police tactic for controlling large crowds during demonstrations or protests. It involves the formation of large cordons of police officers who then move to contain a crowd within a limited area. Protesters either leave through an exit controlled by the police or are contained.

Though rarely used in Kazakhstan, it was utilised as a forced measure on rare occasions to maintain law and order.

Kettling tactics are widely used in developed democratic countries, including the United States, the United Kingdom, Germany, and other European and Western countries.

In March 2012, kettling was ruled lawful by the European Court of Human Rights.