Rehabilitation of the Semipalatinsk Region: UN General Assembly Resolution and Constitutional Court Decision

On December 19, 2023, the UN General Assembly adopted a resolution initiated by Kazakhstan on the rehabilitation of the Semipalatinsk region. The document calls on the international community to join the development and implementation of special programs and projects for the treatment and care of the affected population, as well as efforts to ensure economic growth and sustainable development in the Semipalatinsk region. The important role of the Government of Kazakhstan in allocating resources to help meet the needs of the affected region is recognized.

In this vein, it is worth noting that the Constitutional Court had previously issued a normative ruling recommending that the Government revise the current law on social protection of citizens affected by nuclear tests at the Semipalatinsk nuclear test site.

This decision was adopted following a review of the constitutionality of Article 13 of the Law on Social Protection of Citizens Affected by Nuclear Tests at the Semipalatinsk Nuclear Test Site.

The basis for the inspection was a citizen's claim that the law discriminates against those who have left and reside outside the radiation risk zones in the state social support.

The Constitutional Court noted that the consequences caused by radioactive contamination depend not only on the place of residence, but to a large extent on the radiation dose received and the corresponding damage, and are characterized by long-term nature, which should be taken into account in the organization of social protection and the relevant legal regulation.

The State has disproportionately shifted social obligations onto the shoulders of employers.

The Constitutional Court in its decision emphasized the need to analyze and develop new principles and approaches to social protection, taking into account the current radioecological conditions in the contaminated areas and the consequences for the population exposed to radiation, regardless of their subsequent place of residence.

The full text of the regulatory ruling can be found here https://www.gov.kz/memleket/entities/ksrk/documents/details/525084?lang=ru 

The full text of UNGA Resolution No. 78/142 can be found here https://www.un.org/en/ga/78/resolutions.shtml