PRESIDENT TOKAYEV: FROM WORDS TO ACTIONS IN ONE YEAR. KAZAKHSTAN IS ON A PATH OF PROGRESSIVE REFORMS
Kazakhstan is implementing a substantial package of political reforms that are creating a new stage in the liberalization of its socio-political life. The new laws impact the development of the basic institutions of democracy - the rights of citizens to peaceful assembly, the organization of elections and activities of political parties.
At the end of May of this year, the President of Kazakhstan Kassym-Jomart Tokayev signed a number of laws important for the further socio-political development of the country. They include the laws “On the procedure for organizing and holding peaceful assemblies in the Republic of Kazakhstan”, “On introducing amendments to the Constitutional Law of the Republic of Kazakhstan“, “On Elections in the Republic of Kazakhstan”, and “On introducing amendments and additions to the Law of the Republic of Kazakhstan “On Political Parties”.
These laws and the transformations they envisage are part of the package of political reforms put forward by the President as part of the National Council of Public Trust. Their adoption is an important step towards the realization of the concept of a “state that listens” and the increasing role of civil society. New legal norms in Kazakhstan further strengthen such values as pluralism of opinions, alternative views, constructive position and responsibility.
Therefore, the new law on rallies greatly simplifies the legal regulation of peaceful assemblies. Independent experts, civic and human rights activists, and non-governmental organizations participated in the process of drafting the legislation. The result of the multi-level discussion was a change in the originally laid down provisions in the direction of further liberalization..
The law is fully consistent with Article 21 of the International Covenant on Civil and Political Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The document sets out the basic principles of peaceful assemblies: they must be legal, voluntary, not violent, and not pose a danger to either the state or citizens. Bans and obligations restricting the activities of journalists are also excluded.
Now, public spaces in the cities of the country can be used by citizens to hold peaceful assemblies. In addition, the notification procedure for peaceful assemblies will be reduced from 15 days to 5.
“We are shaping a new political culture. Pluralism of opinions and alternative views are coming to the fore. The authorities do not believe that disagreement is destructive”, the President of Kazakhstan said. According to Tokayev, it is time for society and the state to treat correctly public expression of views. “And it is better to come to this independently, consciously, and not forcedly”, the head of Kazakhstan noted.
The previous law was adopted 25 years ago and, according to domestic experts and international observers, has long required a conceptual review. The new law of 2020 fully complies with international standards - the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and Article 21 of the International Covenant on Civil and Political Rights. The law ensures the most important thing - the right to freedom of expression.
The new legislation clearly outlines the basic principles of peaceful assemblies: they must be legal, voluntary, not violent, and not pose a danger to either the state or citizens. That is, the principles of human rights are observed - “everything that is not forbidden is allowed” and “your rights end where the rights of others begin”.
Therefore, the law “On peaceful assemblies” is a demonstration of the successful implementation of the concept of a “state that listens,” announced by President Tokayev.
The new law on elections is also being improved. New laws will further strengthen the rights of women and youth to participate in the country's political life. They establish the introduction of an obligatory 30% quota for women and young people under 29 years of age to be included in party registry lists.
Currently, 22% of members of parliament are women (the average representation of women in the OECD legislatures is 30%). There are 29 women in the Mazhilis of Parliament (the Lower House), and 6 in the Senate, while young people under the age of 29 are currently not represented in Parliament.
There are 740 women in maslihats (local representative bodies), around 22%, and 53 members are under the age of 29 years. Overall there are 3,335 representatives in maslihats.
According to statistics, there are 4.5 million economically active women and 2.8 million young people aged 20 to 29 in Kazakhstan. From now on, young people and women will participate more actively in the elections to be represented in the local representative body and the lower house of Parliament.
In general, the quota policy is a fairly widespread international practice. Special party quotas are applied in European countries and are most common in Germany, Norway, France and Belgium, where these norms are enshrined in law.
The introduction of special quotas in Kazakhstan through the new law will incentivize the young generation of Kazakhstan and women to actively participate in the country's political life. The impact of the new legal norms will most likely be felt in 2021 - the year of the next elections to the Mazhilis of Parliament. (Previous parliamentary elections were held in 2016. According to the Constitution of Kazakhstan, the term of office of members of the Mazhilis of Parliament is 5 years).
The amendments to the Constitutional Law “On Elections” and the Law “On Political Parties” signed by the President have become an important part of the reform package that modernize the political system of Kazakhstan towards liberalization. Reducing the threshold number of signatures needed to create a political association that can participate in elections from 40,000 to 20,000 people is an important step for the further development of the political party system in Kazakhstan.
Therefore, the amendments to the legislation will contribute to the growth of the influence of parties on the political processes in the country. They will facilitate the creation of new parties and the overall revitalization of political party life in the country, which is expected to have a positive impact on the development and adoption of government decisions. Today there are 6 political parties registered and operating in Kazakhstan.
The measures included in the laws are aimed at reformatting the socio-political space, increasing competition in the political party field, and making electoral bodies more inclusive and balanced.
Along with the most important issues of improving the quality of life of Kazakh citizens and strengthening social policy, the President of Kazakhstan is taking substantial steps to improve the current political system.
In 2019, in his election program, Kassym-Jomart Tokayev clearly outlined the key principles of his leadership policy - “Continuity. Justice. Progress". And already during his first year as President, he has successfully implemented these principles at the legislative level.
Continuity - ensured by strengthening the role of the youth in the political life of the country, including by providing training for the young generation of Kazakh leaders, who in the future will promote the effective development of the state.
Justice - implemented through the development of gender balance through quotas for women in the country's representative bodies, as well as by strengthening the rights of citizens to peaceful assemblies, and creating new opportunities for the activities of political parties.
Progress is generally reflected in the consistent movement of Kazakhstan along the path of political modernization and the expansion of democratic practices in the life of the state.
And as demonstrated by the adopted package of political reforms, it is clear that, embodying the concept of a “state that listens”, President Tokayev, as promised, is taking into account first and foremost the requests of citizens. Thus, at a new historical stage, Kazakhstan is continuing to strengthen democracy, the course towards the development of which was originally and consciously chosen by the people of the country almost three decades ago.