Bill on procedures of organising and holding peaceful assemblies in Kazakhstan

The bill is part of a set of systemic measures of social and political modernisation of the country initiated by the President of Kazakhstan Kassym-Jomart Tokayev in his state-of-the-nation address “Constructive Public Dialogue – the Basis of Stability and Prosperity of Kazakhstan” in September 2019;

The concept of the “Listening State” proposed by the President includes measures not only to improve mutual trust and dialogue between the government and the society, but also to strengthen the protection of fundamental rights and freedoms of Kazakh citizens;

One of the clearest evidences is the country’s efforts to decriminalise (remove) article 130 “Libel” from the Criminal Code of the Republic of Kazakhstan and move it into the Code of Administrative Offenses;

Improving legislation on peaceful assemblies is part of the first package of reforms, along with other priority draft laws, including on political parties, elections, media, trade unions, Parliament and the status of its members, local government and self-government in the Republic of Kazakhstan;

This is not just about changes to the Law “On the procedure of organising and holding peaceful assemblies, rallies, marches, pickets and demonstrations in the Republic of Kazakhstan” which has been in force since 1995, but about a conceptually new document regulating the organisation and holding of peaceful assemblies. It clearly defines all forms of peaceful assembly and concepts such as the status of an organiser, a participant and an observer, their rights and obligations;

The new law is an attempt to balance the unique aspects of national security and social development, including through improving mutual trust and dialogue between the government and the society, as well as strengthening the protection of fundamental rights and freedoms of the people of Kazakhstan.

The law is not the final stage in Kazakhstan’s democratisation. 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;

To discuss and develop concrete proposals for the implementation of the above-mentioned reforms, the national Council of Public Trust was established in cooperation with the civil society. It includes independent experts, renowned human rights activists and representatives of political parties;

The bill was widely discussed on various 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. During the consultations, all interested parties were able to submit their proposals to the bill, most of which were taken into account;

Kazakh lawmakers continue their work on the bill on peaceful assemblies. The first reading took place in the Senate of the Parliament of Kazakhstan (upper chamber) on 30 April. The second reading is scheduled for mid-May this year;

Political reforms initiated by the Kazakh leadership have no alternatives. They are irreversible, but at the same time gradual and evolutionary in nature;

On the path of building a state governed by the rule of law, we have the rule of law as our main priority. In this context, the Kazakh government invites all interested international organisations to cooperate in order to further strengthen the political and legal culture of the country’s population, build the institutional capacity and professional skills of representatives of central and local governmental bodies, the media, and the civil society, including on law enforcement practices related to the new legislation on the right to freedom of peaceful assembly in Kazakhstan. We consider the internal support for the decisions of the current President as an important condition for continuing constructive interaction;

This bill is a positive example for other Central Asian states to adopt similar measures. This year, Kazakhstan is to host the Second EU-CA Civil Society Forum, as well as participate in regular meetings of the sub-committee on justice and rule of law and the EU-Kazakhstan human rights dialogue, which could be built around the discussion of the practical implementation of the new law.

On 14 May, the plenary session of the Senate of the Parliament of Kazakhstan decided to return the bill on peaceful assemblies to the Mazhilis for revision. The deputies of the Senate made 16 amendments to the bill following extensive discussions with the civil society and the expert community. The amendments took into account the appeals of international organisations and experts to the President to improve certain provisions of the bill.

In particular, the amendments establish a mandatory norm that in the central areas of districts in cities of national significance, the capital and regional centres there are at least 3 specialised places for holding peaceful assemblies. The senators also proposed that if certain participants violate the requirements of the law, this should not lead to the termination of peaceful assemblies, if the violations were eliminated. In addition, the senators proposed to exclude the obligation of the organiser of peaceful assemblies to not hide the face at the request of participants, including the use of clothing and other means that prevent face recognition. The senators’ amendments also include reducing the list of grounds for refusing to hold peaceful assemblies.

In accordance with the Constitution of the Republic of Kazakhstan, if the Mazhilis agrees with the amendments of the Senate, the bill is sent to the President for signature, having previously been signed by the Speaker of the Senate.