Non-Paper: Strengthening Human Rights and Democratic Reforms in Kazakhstan

Background: As the world marks the 75th anniversary of the Universal Declaration of Human Rights, Kazakhstan stands at a pivotal moment in its history of human rights and democratic reforms. The geopolitical landscape of the world underscores the urgency of global cooperation in the field of human rights.

Kazakhstan’s Commitment to Democratic Principles: Kazakhstan is emerging as a regional leader in implementing large-scale democratic and political reforms, as well as initiatives in the field of the protection of human rights. These reforms are part of a comprehensive transformation towards a Just and Fair Kazakhstan, contributing significantly to the global human rights narrative.

Key Reforms and Their Global Significance

1. Democratic Participation:
   • The direct election of district and city akims (mayors) marks a pioneering democratic practice in Central Asia.
   • Implementation of a proportional-majoritarian model in the last parliamentary election (March 2023) marked a significant shift in the electoral landscape of Kazakhstan, allowing for the substantial participation of independent and self-nominated candidates in the election.
   • The diversity of candidates in these elections reflects Kazakhstan’s commitment to inclusive governance. Seven parties actively campaigned for seats in the Mazhilis, the lower house of parliament. Six out of the seven parties gained seats in Parliament. This represented a significant expansion in the diversity of political representation within the country, leading to the creation of a multi-party Mazhilis enriched by the perspectives of different political entities.
   • These changes have elevated the role and influence of the Mazhilis and local government entities, simultaneously curbing presidential powers.
   • The establishment of the National Council of Public Trust, later reconstituted as the National Kurultai (Congress), composed of human rights organizations, lawyers, economists, independent experts, and civil servants, enhanced public participation in the nation’s governance.
   • These democratic initiatives serve as a model for political modernization in the region, with potential learnings for other countries embarking on similar paths.
2. Legislative Reforms:
   • Lowering the threshold for political parties’ entry into the Mazhilis from 7% to 5%, introducing the “Against All” option on election ballots, and introducing single-member districts encourages pluralism and competitive politics.
   • Reducing the registration threshold for political parties from 20,000 to 5,000, and lowering the minimum number of citizens in an initiative group needed to create a party from 1,000 to 700.
   • The liberalisation of legislation governing the registration of parties is exemplified by the emergence of parties such as Respublica and Baytaq.
   • The ability of citizens to recall members of Parliament enhances accountability and public trust in governmental institutions.
   • Simplified procedures for registering political parties and the introduction of self-nominated candidates have widened political participation, making the democratic process more inclusive and diverse.
   • The Law on the Organization and Holding of Peaceful Assemblies has been amended to make it easier to organize peaceful assemblies. Organizers are now only required to notify the authorities about their plans without seeking prior permission. As a result, citizens now have more opportunities to exercise their right to freedom of expression.
   • The Social Code has been updated to improve citizens' welfare. A comprehensive package of legislative proposals, addressing the social and economic rights of citizens including the right to freedom of association, has been drafted and sent to Parliament.
3. Human Rights Protections:
   • In 2021, the Government introduced a Plan of Priority Measures in the Field of Human Rights, which spans 9 central areas, including fostering collaboration with UN treaty bodies and non-governmental organizations, ensuring the right to life and public order, freedom of association and expression, rights of individuals with disabilities, victims of human trafficking and women, as well as rights related to criminal justice and the prevention of torture and inhumane treatment.
   • In 2022, the Government rolled out a subsequent Plan of Measures in the Field of Human Rights and the Rule of Law. This plan focuses on additional challenges, such as the rights of domestic violence victims, individuals with disabilities, efforts against torture and human trafficking, and refining criminal laws, including broadening the role of jurors.
   • The complete elimination of the death penalty demonstrates Kazakhstan’s commitment to fundamental human rights, including the right to life.
   • Kazakhstan has demonstrated its commitment to advancing gender equality by repealing a law that prohibited women from holding certain work positions and increasing parliamentary quotas for female representation (a 30% quota for women and youth representatives aged 18-28 on electoral party lists).
   • The list of jobs where women’s work was restricted has been abolished. Kazakhstan adopted a National Action Plan for the UN Security Council Resolution 1325 on Women, Peace, and Security.
   • Strengthening the roles of the Ombudsperson for Human Rights and other related institutions indicates a robust mechanism for protecting human rights and democracy. 20 representative offices in regions are open to facilitate active engagement with citizens. This year, the Commissioner for the Protection of the Rights of Socially Vulnerable Citizens has joined them.
   • Signing international protocol on the rights of children and ratifying international protocol on persons with disabilities aligns Kazakhstan with global human rights standards. In particular, the ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol manifests Kazakhstan’s steadfast resolve to align with international standards.
   • Legislative measures have been implemented to combat torture, ensure unbiased investigations, and hold accountable those responsible. Specifically, criminal penalties for the mistreatment of detainees have been introduced, clear definitions of ‘torture’ and ‘ill-treatment’ have been established, and torture investigations have been shifted to the Prosecutor’s Office.
   • Special attention is devoted to the development of the National Preventive Mechanism, which is designed to safeguard the rights of individuals in closed institutions.
4. Constitutional and Judicial Reforms:
   • The establishment of Kazakhstan’s Constitutional Court and its active engagement with citizen appeals underscores the supremacy of the Constitution and the rule of law. The Court has reviewed over 30 legal norms, declaring five unconstitutional and eleven in accordance with the Constitution.
   • The functions and powers of the Ministry of Internal Affairs for coordinating state policy in the field of medical care for prisoners are being transferred to the Ministry of Health.
   • A three-tier model of pre-trial proceedings, aimed at a clear division of powers between the investigative body, the prosecutor’s office, and the court, has been implemented.
   • These judicial reforms offer a template for other nations in strengthening their legal frameworks to better protect citizen rights.

Media and Civil Society

• A new Law on Public petitions aims to create additional instruments for the initiation of reforms by citizens.
• Kazakhstan’s attention to media law reform and the creation of a safer digital space aligns with global trends towards protecting fundamental rights in the digital age. In particular, the decriminalization of defamation aligns Kazakhstan with international standards for freedom of expression and reduces the potential for legal intimidation and censorship of journalists​.
• The transformation of the National Council into the National Kurultai emphasizes the importance of dialogue between authorities and civil society for national stability and prosperity.

International Collaboration

Kazakhstan’s ongoing reforms, validated by the nationwide referendum in 2022 and support from over 77% of eligible voters, demonstrate a clear commitment to an inclusive and transparent political system, emphasizing the active involvement of its citizens in socio-political life. These reforms are not only vital for Kazakhstan but also hold significant value for the international community as they exemplify successful democratic transition and human rights protection.

Kazakhstan continues to collaborate with global partners to further these objectives, sharing insights and experiences to promote democratic values, human rights, and the rule of law on a broader scale. This collaboration is not just beneficial for Kazakhstan but also contributes to the global pursuit of a more just and equitable world.