The Draft Bill “On the Procedure for Organizing and Holding Peaceful Assemblies in the Republic of Kazakhstan”

The Draft Bill “On the Procedure for Organizing and Holding Peaceful Assemblies in the Republic of Kazakhstan”

The bill “On the procedure for Organizing and Holding Peaceful Assemblies in the Republic of Kazakhstan” is a conceptually new document adopting instead of old one dated 1995. The necessity of adopting a new law was announced by President of Kazakhstan Kassym-Jomart Tokayev at the Second Meeting of the National Council of Public Trust, held Dec. 20, 2019 in the capital. The bill is one of the key initiatives in the presidential package of political reforms.

It was widely discussed at various public platforms, including in the regions and in all major cities of Kazakhstan, with the participation of representatives of the civil society, human rights NGOs, local authorities, the media, international organisations and the foreign diplomatic corps. Therefore, even the discussions themselves on this bill are an example of an open and productive dialogue between Government, society and international community. All recommendations were taken into account.

THE BILL PROVIDES FOR THE FOLLOWING NEW CONCEPTUAL APPROACHES.

  • Establish uniform regulations for holding of peaceful assemblies in all regions of the country, before regions could establish their own separate rules for assemblies and rallies.
  • Provides transition from a permit to a notification principle of pickets, meetings and assemblies. The notification will not require any response from local executive authorities and will be considered as agreed by default.
  • Allows holding of pickets in any place, including next to the buildings of central governmental bodies and local executive authorities, but except mass graves, strategic and military objects, the territories adjoining the residences of the President and the First President of Kazakhstan.
  • Specialized locations will be designated for peaceful assemblies at or near the center of a municipal locale (picketing may take place in any public space.) These locations help to ensure authorities recognize the opinions, grievances and message the citizens are expressing. Importantly, such locations will meet public safety codes to provide a safe area for all participants, media and medical support.
  • Introduces clear definitions for peaceful assemblies: pickets, rallies, demonstrations, etc. in order to distinguish and protect them.
  • Prohibitions and obligations that restrict activities of journalists have been eliminated.
  • The draft law defines the status, rights and obligations of organizers and participants.
  • The principle of presumption is applied in favor of holding peaceful assemblies, meaning that in the absence of justification to restrict or prohibit, the peaceful assembly will take place.
  • Identifies the clear reasons for which an assembly or picket will be disrupted or prohibited:
    • seeking a forcible change of the constitutional order;
    • violating the integrity of the Republic of Kazakhstan;
    • posing a national security risk;
    • incitement of social, ethnic, racial, national, religious, class and tribal hatred;
    • violation of the Constitution;
    • carrying out illegal act or violating normative statutes;
    • threatening the public order, lives and health of fellow citizens.
  • Obligates government bodies to enable and support peaceful assemblies, including public safety, medical services, and fire safety.
  • Maintaining a register of specialized places on the Internet resources of local executive authorities. This means that local authorities will be required to maintain a public online register providing information and schedule of each specialized location. The Register serves as a common resource for all stakeholders.

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Kazakh Parliament continues its work on the bill. The first reading took place in the Senate of the Parliament of Kazakhstan (upper chamber) on 30 April 2020. The second reading was on 14 May 2020. Senate members, having studied the bill in detail, made 16 proposals on its six articles.

It is worth noting that the bill is not the final stage in Kazakhstan’s democratization process. This reform track will continue, and we need the support of the entire international community to do this.

The Kazakh Government is open to further constructive dialogue with all interested international partners, and our partners’ comments are communicated to the Parliament of Kazakhstan.