Comments on the results of the parliamentary elections in Kazakhstan on January 10, 2021

Comments on the results of the parliamentary elections in Kazakhstan on January 10, 2021
  • Objective of reforms 2019-2020 consisted in a paradigm shift in public policy, a wider and more active involvement of women and youth in social and political processes, as well as instilling certain values in society and government.
  • Any reforms that take time are "not a matter of a day or a year". At the same time, important basics have already been prepared.
  • From 2019 to 2020, 9 applications were received for the registration of political parties, 3 of them were registered, 6 documents did not meet the requirements of the law. There are no restrictions on repeated requests.
  • Granting the Assembly of People of Kazakhstan the right to elect 9 deputies to the Mazhilis of the Parliament complies with international election standards and is one of the special measures to ensure the electoral rights of national minorities provided for in paragraph 31 of the OSCE Copenhagen Document and other international instruments on the representation of national minorities.
  • The proportional electoral system in the Republic of Kazakhstan (based on party lists) ensures the principle of political diversity through competition among political parties of various directions (from large to small).
  • The Election Law contains a clear and non-interpretable list of grounds (requirements and documents) for the registration of candidates and political parties, the right to appeal against decisions, actions (omissions) of any election commission.
  • All political parties have equal rights when forming the composition of the Electoral Commission, and the elected members of the commission cannot represent the interests of the political party from which they were elected and do not have the right to defend their interests (paragraph 9), paragraph 5 of Article 19 of the Electoral Code). Decisions on the election of the chairman are made by the members of each specific commission independently and independently.
  • In accordance with the Constitution (article 33) the citizens recognized by court incapacitated, as well as those held in places of confinement by a court sentence does not have the right to elect and be elected. Passive suffrage is not an absolute human right. This restriction is not considered contrary to international norms and principles of the OSCE. The presence of a criminal record is the basis for restricting the passive right to vote in 46 countries. The commission of a criminal offense is the basis for restricting the passive right to vote in 82 countries, for example, in the United Kingdom, Canada, France, Latvia, Lithuania, and Slovakia.
  • The facts of multiple voting by persons included in the electoral lists on the election day were not revealed.
  • All parties conducted election campaigning on equal terms. Despite the restrictions due to the pandemic, the parties were able to conduct extensive campaigning for their electorate. The media published more than 22 thousand materials on the elections, including more than 7 thousand materials on the work of the parties, published more than 25 thousand campaign materials of the parties, paid for from the election funds. The TV debates on the republican TV channels had a high rating of watchability.
  • During the campaign, there was a critical attitude of the parties towards each other.
  • The right to freedom of speech and access to information, guaranteed by the Constitution and international law, is fully guaranteed by the Republic of Kazakhstan.
  • On behalf of the President, in 2020, amendments to the legislation were adopted that decriminalized libel (mitigation of punishment from criminal to administrative). For media representatives, such criminal liability was a cost to their profession. The mitigation should have a positive impact on the development of professional activities of journalists in Kazakhstan. Now the penalty entails a fine: for an individual-in the amount of 180 Monthly calculation index (MCI) or arrest for 20 days, for an official-a fine of 650 MCI or arrest for a period of 25 days. Previously, the fine was 2000 MCI and imprisonment for up to two years.
  • Since December 4, 2020, 94 organizations have notified the justice authorities of the Republic of Kazakhstan about editorial changes in their statutory documents regarding the inclusion of norms on election observation. Which gave them the opportunity for civilian observation of the elections.
  • National surveillance activity was noted on the day of voting. On election day, 23 thousand observers from public associations and non-profit organizations were registered, which is 1.3 times more than in the elections in 2019.
  • On the day of voting, no criminal or administrative measures were applied to participants of unauthorized meetings. Local executive bodies and the prosecutor's office in accordance with the established procedure, such citizens were repeatedly given explanations about the need to comply with the Law "On the Procedure for Organizing and Holding Peaceful Assemblies in the Republic of Kazakhstan", after which they left the places of assembly. At the same time, the police limited themselves to preventive measures aimed at preventing violations of public order that threaten the interests, life and health of citizens.
  • The elections were held in conditions of the need to maintain social distance. The requirements are established by the decree of the Chief State Sanitary Doctor of the Republic of Kazakhstan, in order to prevent the spread of coronavirus infection COVID-19 among the population.