2021 Human Rights Action Plan was signed by President’s Decree in July last year evidencing Kazakhstan’s commitment to further democratic reforms in full compliance with Kazakhstan’s international commitments. All the Action Plan’s legal acts were broadly discussed with civil society and signed into 6 laws and 10 legal regulations; 2 draft laws have been introduced to the Parliament.
The Action Plan has significantly changed Kazakhstan’s legal framework by empowering women, protecting freedom of association, as well as rights of human trafficking victims, convicts and persons with disabilities. It has also increased accountability of law enforcement and improved Kazakhstan’s mechanisms of interaction with UN treaty bodies and Human Rights Council’s special procedures.
Women empowerment.
- In the field of eliminating discrimination against women, the List of jobs where women's work is restricted has been abolished by law. The cancellation of this List makes it possible to expand women's employment opportunities by ensuring their access to all jobs, including in the fields of industry, transport and construction.
- 2021-2023 Action Plan was enacted to implement the UN Security Council resolutions on the equal and full participation of women in conflict prevention and resolution, ensuring peace and security, preventing violence against women, raising awareness, strengthening interaction with civil society in conflict prevention, and women's protection.
Human trafficking, prevention of torture and ill-treatment.
- A draft law has been submitted to the Senate of the Parliament for its consideration, which provides equal access to social assistance (resocialization services and guaranteed free medical care) for foreigners who have become victims of human trafficking.
- The criteria for assessing potential cases of ill-treatment that led to social maladaptation and deprivation have been improved, taking into account the OHCHR guidelines for the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment.
- A pilot project has been introduced in medical institutions to test the developed forms of documentation of bodily injuries and (or) psychological effects as a result of ill-treatment.
- The Normative Decree of the Supreme Court for countering torture has been updated, fixing the duty of the court to respond to every allegation of cruel or degrading treatment, and judicial practice on human trafficking has been improved in accordance with Kazakhstan’s international commitments.
Accountability by law enforcement.
- In order to improve the performance and accountability by law enforcement bodies, legislation has been adopted introducing elements of the police service model; the status of district inspectors has been raised. In particular, the district inspector is endowed with the competence to make recommendations on the elimination of the causes and conditions conducive to the commission of offenses by police and other law enforcement, and the status of assistant district police inspector is now established in the law.
- On an ongoing basis, trainings are held for law enforcement officers and special government agencies at the Academy of the General Prosecutor's Office of the Republic of Kazakhstan with the involvement of specialists from foreign countries and international organizations.
- According to the principle of "walking distance police", in 2021, 46 modular posts were, installed and 76 precinct stations were put into operation.
- In addition, the functions and powers of the Ministry of Internal Affairs of the Republic of Kazakhstan for the coordination of state policy in the field of medical care of convicted and remand prisoners is being transferred to the Ministry of Health of the Republic of Kazakhstan.
- On December 7, 2021, the Head of State signed the Law on Amnesty that is focused on socially vulnerable categories of citizens: veterans, minors, elderly women and men, persons with disabilities, as well as other persons who do not pose a serious threat to the security of Kazakhstanis and the State. As a result of this legislation, about 1,000 people were released from correctional institutions, and 3,800 people were removed from the probation service. A differentiated reduction of the unserved sentence was applied to 9,000 convicts.
- We have amended laws to provide for the expansion employment opportunities for convicts and their social adaptation. The amended Law provides that State enterprises of the penal enforcement system are allowed to use subcontractors for the purpose of convicted persons’ employment, to those who have served a sentence, as well as those registered with the probation service.
- The Regulatory Decree of the Supreme Court of the Republic of Kazakhstan clarifies judicial practice regarding the imposition of additional punishment for extremist crimes. In particular, the courts should determine the specific types of activities that the convicted person is not entitled to engage in.
Freedom of association.
- On December 29, 2021, Kazakhstan amended its Law governing registration of religious associations. The Law now simplifies the registration procedure, and allows notification of religious events rather than requiring permission, and calls for involvement of psychologists, sociologists and other specialists in conducting religious studies of religious literature, as well as clarifying the term "information materials of religious content".
These changes ensure greater freedom of religion, as well as increase the level of trust in the institutions of power on the part of peaceful religious associations.
- In order to simplify the work of NGOs, the frequency for submitting tax reports by non-profit organizations has been reduced from quarterly to semi-annually.
Persons with disabilities.
- In order to ensure the rights of citizens with disabilities, Kazakhstan is completing the procedure of ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities, which recognizes the competence of the Committee on the Rights of Persons with Disabilities to consider individual complaints concerning violations of the Convention norms.
- Upon ratifying the Optional Protocol, Kazakhstan will undertake to meet its obligations to protect and enhance the rights of persons with disabilities and create additional conditions for their social integration.
- Kazakhstan signed into the Law the right of persons with disabilities and low-mobility groups to coordinate construction projects and consult regarding their acceptance into operation.
Mechanisms of interaction with UN treaty bodies and special procedures.
- By Presidential Decree, Kazakhstan adopted a mechanism for interaction by state bodies with the system of special procedures of the UN Human Rights Council.
- On February 1, 2022, Kazakhstan launched a mechanism to consider requests (views) by UN human rights treaty bodies. The mechanism provides for collegial consideration of those requests by an inter-Governmental Working Group that also involves authors of complaints into the process of the request (views) consideration. This format will contribute to an objective and comprehensive resolution of the raised by the UN human rights bodies’ issues.
- The above-mentioned measures serve as a legal basis to fulfill Kazakhstan’s international obligations in the field of human rights and increase the level of interaction with UN human rights bodies and special procedures.