Issues of Administrative Justice and Priorities of the Ombudsman for Children Discussed at the Ministry of Foreign Affairs of Kazakhstan

Astana, November 17, 2023 – The Ministry of Foreign Affairs of the Republic of Kazakhstan held a regular meeting of the Consultative and Advisory Body "Dialogue Platform on Human Dimension" (hereinafter – "DPHD" CAB). 

The event was attended by members of the Parliament of Kazakhstan, Deputy Chairman of the Human Rights Commission under the President of Kazakhstan, representatives of the Ministry of Justice, Judicial Administration, and the Office of the Commissioner for Human Rights in the Republic of Kazakhstan. Additionally, Kazakhstan’s human rights NGOs and guests of the platform, including representatives of international partners such as the United Nations Development Program, the Office of the United Nations High Commissioner for Human Rights, refugees, the Organization for Security and Co-operation in Europe, and others, were participated.

Ambassador-at-Large of the Ministry of Foreign Affairs of Kazakhstan Alua Nadirkulova informed the participants about the implementation of democratic and political reforms to build a Just Kazakhstan. She emphasized that the rule of law and the protection of constitutional rights are the main priorities. She highlighted significant collaborative work with civil society, citing the constitutional referendum as a foundation for strengthening statehood through electoral system reform, simplifying political party registration, recreating the Constitutional Court, and enhancing human rights institutions.

Participants of the meeting of the "DPHD" CAB discussed the results of applying the new Administrative Procedural Code of the Republic of Kazakhstan, the implementation of recommendations from the Universal Periodic Review (hereinafter - UPR) received following the protection of the National Report of Kazakhstan in 2019, and the priority areas of the Ombudsman for Children in protecting children's rights in Kazakhstan.

The Director of the Department of Legal Propaganda of the Ministry of Justice of Kazakhstan, N.S. Zhamaladin, noted that administrative justice, in 2.5 years of operation, has proven effective in protecting citizens' rights from illegal actions by state agencies. The percentage of cases won by citizens and businesses has increased from 15% to over 60%, reflecting a significant positive trend.

The Program Director of the PF "International Legal Initiative" 
A.S. Shormanbaev, highlighted the importance of the codified document in ensuring citizens' rights. He stressed the need to further strengthen judges' independence from administrative bodies, establish a "presumption of guilt of state bodies" and ensure compliance with internal administrative procedures at the pre-trial stage.

During the discussion of the second item on the agenda, Deputy Director of the Department of International Law of the Ministry of Justice of Kazakhstan,
G.A. Kaimuldina informed that in 2024, Kazakhstan will submit its Fourth Report under the UPR to the UN Human Rights Council. She also reported on the Ministry of Justice's efforts to implement the recommendations received in 2019. Notable progress in human rights over the past three years includes the complete abolition of the death penalty, the cancellation of the list of jobs restricting women's labor, the entry into force of the Optional Protocol to the Convention on the Rights of Persons with Disabilities, the signing of the Optional Protocol to the Convention on the Rights of the Child concerning the reporting procedure, and the introduction of a 30% quota for women, youth, and persons with disabilities in electoral party lists and mandate distribution. Additionally, a three-tier model of pre-trial proceedings aimed at a clear division of powers between the investigative body, the prosecutor's office, and the court has been implemented.

In this regard, Deputy Director of KIBHR, R.M. Akylbekova, noted that the Coalition of NGOs of Kazakhstan on UPR has prepared its alternative report on the results of the third cycle of UPR, considering recommendations from previous cycles, expressing a desire to discuss them with the state bodies of the Republic of Kazakhstan.

During the CAB meeting, the Commissioner for the Rights of the Child,
D.B. Zakieva, briefly spoke about the novelties of the draft law on ensuring the safety of children. The draft law is currently aimed at obtaining an opinion from the Government of Kazakhstan. She informed about the launch of the Unified State Helpline/Contact Center for Families, Women, and Children "111 AMANAT", progress in preparing an Infrastructure Development Plan for children with special educational needs and children in rural areas, the creation of a Social Laboratory, and approval of Plans for the creation of 145 Family Support Centers in 15 regions and repairs in 252 institutions (boarding schools, LSG, and camps).

Discussions of the agenda were open and constructive and a set of recommendations was formulated for further joint work of government agencies and NGOs.

In conclusion, the participants of the «DPHD» CAB summarized the results of the event and planned to hold the next «DPHD» CAB meeting in December of this year. 

Background: "DPHD" CAB was established in 2013 at the initiative of the Ministry of Foreign Affairs of the Republic of Kazakhstan.  The platform is an effective tool to facilitate dialog between the Government and the civil sector. Various topical issues of human rights protection are discussed on the platform with the participation of international organizations (UNDP, UN OHCHR, OSCE, etc.) as observers