Constitution Day

Constitution Day

Overview

This document contains messages (talking points), as well as a factsheet, on the Constitution of Kazakhstan, ahead of Constitution Day on 30th August.

Messaging on the Constitution of Kazakhstan

Key messages and talking points

  • The Constitution of the Republic of Kazakhstan is the highest law of Kazakhstan, which was approved by referendum on 30 August 1995.
  • Drafted by a panel of experts and passed through broad public discussion, the Constitution embodied the will of the people and considered the necessary values which the young nation wished to exemplify on its journey.
  • Underpinned by the unalienable values of freedom granted to every citizen, the Constitution has proven central to the accomplishments of Kazakhstan and provided the country with the guide for development and prosperity which the state enjoys today.
  • Looking back over the years since Kazakhstan’s Constitution was overwhelmingly approved in a national referendum in 1995, it is very clear how important it has been to the country’s progress. The Constitution has provided both the principles and mechanics which have enabled Kazakhstan to rise to every challenge it has faced. The strong emphasis, for example, placed on individual rights and equality before the law has helped forge a tolerant harmonious society which has won international respect.
  • In ensuring the freedoms of speech, assembly and religion, as well as political diversity and personal liberty, the constitution has provided a blueprint for the country’s social, economic and political development. The country’s tolerant society, where every citizen - regardless of their creed - can feel valued and free, as well as the state’s wider domestic prosperity, is a testament to the forward-thinking nature of our Constitution as a guide to success, unbound by time or historic context.
  • Beyond this, the strength of any constitution can be measured by its ability to adapt to an ever-changing society, while remaining true to its fundamental values. In this regard, the adoption of amendments and additions to the constitution, by the nationwide referendum in June 2022 is a historic moment for Kazakhstan.
  • The constitutional reform in 2022, proposed by President Kassym-Jomart Tokayev, is aimed at a comprehensive transformation of the entire state model, which includes the final transition from a "super-presidential" form of government to a presidential republic with an influential parliament and an accountable government, which entails limiting the powers of the President.
  • In addition, the constitutional reform, being developed by subsequent laws currently, will significantly strengthen the representative branch of power, strengthen the system of checks and balances, and increase the independence of maslikhats (local representative bodies). Furthermore, a mixed majority-proportional model for the election of deputies to the Mazhilis and regional maslikhats would be introduced. Part of the amendments focus on enhancing the protection of human rights, by establishing the Constitutional Court, consolidating the status of the Commissioner for Human Rights at the constitutional level, and fully banning the death penalty.
  • If a constitution is not amended to reflect modern challenges and realities, there is a danger that it becomes to act like a straitjacket, limiting the right response to changing conditions. Kazakhstan has not fallen into this trap as the recent constitutional reforms have underlined. These significant democratic and institutional reforms are aimed at ensuring the Constitution is an important platform for Kazakhstan’s continued development in the future.
  • Following the most recent amendments and additions to the country’s Constitution, Constitution Day on 30 August takes on extra significance and importance. As Kazakhstan commemorates Constitution Day, we are granted the opportunity to reflect on the progress which Kazakhstan has made in the past 30 years. At the time when the Constitution was first approved in 1995, Kazakhstan was a young nation facing the many challenges encountered by newly independent countries all over the world. Looking to escape the legacy of the Soviet Union and forge its own national identity, Kazakhstan’s Constitution – under strong leadership – codified the values that we hold dear and outlined the principles that laid the foundation for our stability and achievements.
  • As Kazakhstan marks Constitution Day, it is also worth celebrating the citizens of Kazakhstan, both past and present, who have embodied its fundamental values to promote a peace-loving and civil society, dedicated to the ideals of freedom, equality, and concord.

Factsheet on the Constitution of Kazakhstan

Overview

The Constitution of the Republic of Kazakhstan is the highest law of Kazakhstan. The Constitution was approved by a referendum on 30 August 1995. It replaced the first post-Soviet 1993 constitutional document. The adoption of the constitution is seen as a key event in the modern history of Kazakhstan and a contributing factor in the country's political stability and economic growth.

The preamble of the current constitution emphasizes the importance of "freedom, equality and concord" and Kazakhstan's role in the international community:

“We, the people of Kazakhstan, united by a common historic fate, creating a state on the indigenous Kazakh land, considering ourselves a peace-loving and civil society, dedicated to the ideals of freedom, equality and concord, wishing to take a worthy place in the world community, realizing our high responsibility before the present and future generations, proceeding from our sovereign right, accept this Constitution.”

The Constitution was initially developed on the initiative and with the participation of former President of Kazakhstan, Nursultan Nazarbayev. It serves as a foundation for the country’s achievements in the socio-economic sphere.

Additions and amendments to the Constitution

The Constitution has been amended five times: in 1998, 2007, 2011, 2017 and most recently in 2022.

Amendment to the Constitution of Kazakhstan in 2017

  • The law “On amendments and changes to the Constitution of Kazakhstan” of March 10, 2017, represented the fourth reform of the Kazakh Constitution and were put forward by former President Nursultan Nazarbayev. Contrary to previous constitutional changes aimed at expanding presidential powers, the main essence of the adopted reform was the redistribution of powers between different branches of government.
  • More specifically, the objectives of the reform were: a more rigid and precise separation of powers between branches of government; strengthening the supervisory powers of the Parliament over the activities of the Government; improving the system of checks and balances and the stability of the political system.
  • This implied several significant changes, including strengthening the role of the Parliament; the transfer of some presidential powers to the Government and the Parliament; the new role of the President, and the modernisation of the judicial system. Additionally, the reform introduced some changes related to local government and the procedure of amending the Constitution.

Amendments to the Constitution in 2022

  • Most significant amendments to the Constitution were made in 2022. The proposed changes were put to a referendum, which was held on 5 June 2022. This was the first referendum since 1995, when the Constitution was initially approved.
  • On 16 March 2022, President of Kazakhstan, Kassym-Jomart Tokayev, delivered his State-of-the-Nation Address, which contained significant political reforms and proposals to democratise the political processes in Kazakhstan. For their effective implementation, amendments and additions to the Constitution were required, which means a constitutional reform was necessary.
  • To prepare the draft amendment to the Constitution, a special working group was established, which included prominent legal scholars, experts, and representatives of authorized bodies. The draft constitutional amendments are based on the requests from citizens and are implemented in the interests of the entire society.
  • After a detailed review of all the proposals, the draft amendments were sent to the Constitutional Council, which gave its opinion on its compliance with the provisions of the Constitution.
  • President Tokayev announced on 5 May that he signed a Decree on holding the referendum.
  • The nationwide referendum on 5 June 2022 on the adoption of amendments and additions to the Constitution was a historic moment for Kazakhstan. Over 77 percent of citizens voted in favour of constitutional amendments.
  • The constitutional reform will expand the participation of citizens in governance and ensure genuine democratisation of political processes. Overall, the changes affect a third of the articles of the Constitution.
  • The constitutional reform is aimed at a comprehensive transformation of the entire state model, which includes the final transition from a "super-presidential" form of government to a presidential republic with an influential parliament and an accountable government, which entails limiting the powers of the President. In addition, the constitutional reform will significantly strengthen the representative branch of power, strengthen the system of checks and balances, and increase the independence of maslikhats (local representative bodies).
  • Furthermore, a mixed majority-proportional model for the election of deputies to the Mazhilis and regional maslikhats would be introduced. Part of the amendments focus on enhancing the protection of human rights, by establishing the Constitutional Court, consolidating the status of the Commissioner for Human Rights at the constitutional level, and fully banning the death penalty.

Constitution Day

  • Constitution Day is a national holiday in the Republic of Kazakhstan, which is celebrated annually August 30.
  • It commemorates the adoption of the Kazakhstani Constitution in August 1995.
  • This holiday marks one of the most significant days in the history of Kazakhstan, as it reflects the Kazakhstan population’s determination to establish the country as a democratic, secular, constitutional and social state.
  • Constitution Day in Kazakhstan is usually celebrated with festivities, concerts and exhibitions, which are held in every region and city of the country.