Speech by the head of the Department of internal policy R. Esdauletov at a press conference on the procedure for organizing and holding peaceful assemblies in the Republic of Kazakhstan
Dear participants !
On May 25, 2020, the law of the Republic of Kazakhstan" on the procedure for organizing and holding peaceful assemblies in the Republic of Kazakhstan " was adopted.
The rally is a legitimate way for the people to go out on the Square and discuss the issue peacefully. This is a reflection of civil society. If the rally is held within the law, if it is held peacefully, this is the right trend.
As part of the implementation of this law, 22 places for holding peaceful assemblies and actions and 20 directions for holding peaceful marches were identified, approved and adopted by maslikhats. Peaceful assemblies (except picketing) are held only in special places.
For reference: 1 place for organizing rallies in district and city centers and 1 direction for holding marches and demonstrations. 3rd place and 1st direction in the regional center of Taldykorgan.
In comparison with last year, the number of public activists who take part in peaceful actions has increased. For example, in total, 41 notifications/applications were received last year, and 55 notifications were registered for 9 months of 2021 (an increase of 14). Of these, 33 applications for holding a single picket, 22 applications for holding a rally and meeting.
In the context of districts and cities: Talgar – 26, Taldykorgan – 19, Koksu, Alakol, Ili districts – 2, Eskeldinsky, Sarkan, Kerbulak, Karasay Districts-1 notification. Also, in Talgar district, three citizens (Nusupaliyev Aydin, Huanysh Doszhan, Kasymbekov Kurmangazy) repeatedly received appeals on the same topic (not to sell land to the Chinese, not to build Chinese factories, etc.).
As a result of the analysis, 28% of appeals were against the sale of land to foreigners, 19% - Land, Housing, gasification, etc.social issues of society, 16% - distrust of the work of the court, law enforcement agencies, 13% - dissatisfaction with the work of production, enterprises, 14% - against the heads of local executive bodies, 10% - medical issues and vaccination.
As a result of the explanatory work, 3 notifications were left without consideration in connection with the receipt of a request for refusal to hold a meeting,2 agreed one-man pickets (5.05.21, protest against political persecution of citizens of the Republic of Kazakhstan in Talgar, Ibraimova Anar; 8.09.21, closure of a quarry on the Talgar River, Zharylkasymova Ayman). On February 1, Taldykorgan (Kamoldanova zh.) held an unauthorized anti-vaccination rally.
1) purpose of the peaceful assembly, 2) form of the peaceful assembly; 3) surname, first name, patronymic, individual identification number of the organizer, place of residence or temporary stay (residence) or name of the legal entity organizing peaceful meetings, business identification number, location; 4) special place for organizing and holding peaceful meetings – for pickets-venue; 5) date, time of the beginning and end of the peaceful assembly; 6) estimated number of participants; 7) e-mail address of the organizer of peaceful assemblies, mobile subscriber number; 8) sources of funding for peaceful assemblies;
9) the date of submission of the notification of peaceful assemblies and the signature of the organizer. The notification of 26 citizens was not satisfied due to non-compliance with one of these requirements.
In accordance with the resolutions of the Chief Sanitary doctor of the region, due to the epidemiological situation, restrictive measures were taken, citizens were not allowed to hold meetings on 24 notifications.
Having studied, it should be noted that most of the requests were not satisfied due to non-compliance with the requirements of the law. It is clear that in this direction it is still necessary to conduct information work among citizens. In addition, on the official website of the Department of internal policy, on the websites of akimats of districts and cities, the law "on the procedure for organizing and holding peaceful assemblies in the Republic of Kazakhstan" was published, a seminar for akimats of districts and cities was organized.
"On the procedure for organizing and holding peaceful assemblies in the Republic of Kazakhstan"
Explanation from the law of the Republic of Kazakhstan
The specifics of the adopted law.
The law enshrines 6 concepts: peaceful assembly, rally, picketing, assembly, demonstration, March. The concepts of organizer and participant of a peaceful assembly were clarified.
The law defines the duties of local executive bodies. Their competence includes: consideration of notifications and appeals for compliance with the law and making appropriate decisions on them; appointment of their representatives at each peaceful assembly for interaction with the organizers;
participation of Representatives in each peaceful assembly; suspension or termination of peaceful assemblies in cases stipulated by law.
In addition to pickets, peaceful gatherings are held only in special places.
Introduction of notification procedures for pickets, meetings, and rallies. The notification does not require a response from local executive bodies and is considered agreed upon. The notification deadline is 5 business days. The review period for M & E is 3 working days.
Introduction of a coordination procedure for demonstrations and processions.
Demonstrations and marches are held only in coordination with the M & E department. The deadline for sending applications to the M & E department is within 10 working days, and the deadline for its consideration is 7 working days.
Picketing – expressing the opinion of one citizen of the Republic of Kazakhstan on a socially significant issue or the actions of a person or organization at the same time and in the same place. This person can use posters, banners, and other visual propaganda tools. But you can't use sound amplification equipment. The duration of picketing should not exceed two hours a day, except in places intended for the organization of peaceful assemblies. In one place, several people can't picket at the same time.
Principles of organization and holding of peaceful assemblies
The organization and holding of peaceful assemblies is based on the following principles::
1) non-violent nature;
2) legality;
3) ensuring state security, public order, health protection, protection of the rights and freedoms of other persons;
4) voluntary participation;
5) presumption in favor of holding peaceful assemblies;
6) liability of the parties.
Notification of holding peaceful assemblies
Notification of holding peaceful assemblies in the form of picketing, Assembly, rally is submitted by the organizer of peaceful assemblies to the local executive body no later than 5 working days before the date of its holding in hard copy or in the form of an electronic document certified by an electronic digital signature.
In the notification of holding peaceful assemblies:
1) purpose of the peaceful assembly;
2) form of peaceful assembly;
3) surname, first name, patronymic( if any) of a citizen of the Republic of Kazakhstan, his representative (if any), individual identification number, place of residence or temporary stay (residence), or name of a legal entity organizing peaceful meetings, business identification number, location;
4) a special place for organizing and holding peaceful assemblies – for pickets-a venue;
5) date and time of the beginning and end of the peaceful assembly;
6) estimated number of participants;
7) information about the installation of yurts, tents and other structures;
8) intent to use sound-amplifying technical means, posters, banners and other means of visual agitation in the cases provided for by this law;
9) rules for holding peaceful assemblies approved by the organizer, with the exception of picketing;
10) email address of the organizer of peaceful assemblies, its representative (if any), mobile subscriber number;
11) consent of the organizer of peaceful assemblies, its representative (if any) to the collection and processing of their personal data specified in the notification;
12) sources of financing for holding peaceful assemblies;
13) the date of submission of the notification of peaceful assemblies and the signature of the organizer or his representative (if any).
Notification review procedure
The local executive body, within three working days from the date of registration of the notification, shall notify the organizer of the peaceful assembly:
Can journalists participate in a peaceful gathering?
Yes, to do this, you need to present a certificate, a sign confirming that you are a representative of the media.
How long does it take to respond to a message?
The local executive body must notify the organizer of the peaceful assembly of its decision within three working days from the date of registration of the notification. The body may agree, refuse, or make changes. The answer is delivered on purpose, by mail, by electronic document certified by eds, by electronic mail or by mobile phone number.
If there is no response from the local executive body after the deadline for consideration of the notification, the organizer holds a peaceful meeting in accordance with the notification provided.
Picketing is not allowed in the following places:
burial sites;
at railway, water, air and transport facilities and adjacent territories;
in the territories adjacent to organizations that ensure the defense capability, security of the state and the life of the population;
On the territories adjacent to the residences of the president of the Republic of Kazakhstan, the first president of the Republic of Kazakhstan – Elbasy;
on territories adjacent to hazardous production facilities and other facilities that require compliance with special safety regulations;
it is prohibited on main railway lines, main pipelines, national electric grid, main communication lines and adjacent territories.