A side event for international organisations and the expert community was held on the sidelines of the OSCE ODIHR Warsaw Human Dimension Conference, where Commissioner for Human Rights of the Republic of Kazakhstan Artur Lastayev outlined the key elements of the new Constitution and their implications for the protection of human rights and fundamental freedoms.
In his remarks, the Ombudsman highlighted the broad public participation that shaped the new Constitution, bringing together representatives of different social groups, regions and professional communities. The Constitutional Commission considered more than 10,000 proposals submitted by citizens. The resulting changes affected 77 articles, representing 84% of the Constitution.
The new Constitution places the individual, human life, rights and freedoms at the heart of the constitutional framework. Key safeguards include the right to life, personal liberty and a fair trial, the prohibition of the death penalty, protection of personal data, freedom of expression and creative freedom, as well as judicial protection against unlawful eviction.
Artur Lastayev also highlighted the establishment of a new constitutional institution, the Kazakhstan Halyk Kenesi (People’s Council of Kazakhstan), designed to broaden public representation and strengthen dialogue between the state and society.
Concluding his remarks, the Ombudsman stressed that the constitutional reform extends beyond the adoption of the new Constitution. Its implementation continues through the ongoing development of national legislation and the practical application of constitutional guarantees for human rights and fundamental freedoms.
Commissioner for Human Rights Artur Lastayev addressed a plenary session on the rule of law at the OSCE ODIHR Warsaw Human Dimension Conference.
In his remarks, the Ombudsman highlighted the strengthening of fundamental rights and freedoms as one of the key outcomes of Kazakhstan’s constitutional reform. For the first time in the country’s constitutional history, the Miranda rule has been expressly enshrined in the Constitution. The presumption of innocence, the right against self-incrimination and the protection against double jeopardy have also been incorporated into the section of the Constitution dedicated to human rights, reinforcing safeguards designed to provide effective protection of individual rights.
Artur Lastayev also outlined measures aimed at improving access to justice. Dedicated cassation courts were established in 2025, with cassation appeals now heard by a panel of judges in proceedings involving the parties to the case.
Administrative justice has also become an important mechanism for resolving disputes between individuals and public authorities. The digitalization of court proceedings and the automated allocation of cases provide additional safeguards for accessible and impartial justice.
Concluding his remarks, Artur Lastayev noted that the ongoing reforms are gradually building a stronger framework of legal safeguards centered on the individual and the right to effective judicial protection.
During the Warsaw Human Dimension Conference, Commissioner for Human Rights of the Republic of Kazakhstan Artur Lastayev and Director in the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Maria Telalian signed a Memorandum of Understanding.
The Memorandum marks a further step in strengthening cooperation between the two institutions and expanding joint efforts to advance democratic values and the rule of law.
Under the Memorandum, the two institutions will deepen cooperation in human rights protection, legislative development, institutional capacity-building and the exchange of expertise, in line with international standards.
The agreement reaffirms their shared commitment to cooperation, transparency and constructive engagement within their respective mandates.
Commissioner for Human Rights Artur Lastayev addressed a plenary session of the OSCE ODIHR Warsaw Human Dimension Conference dedicated to ethnic and religious tolerance and non-discrimination.
Speaking during a plenary session on ethnic and religious tolerance and non-discrimination, Ombudsman noted that Kazakhstan is home to more than 120 ethnic groups and has around 1,000 ethno-cultural associations, reflecting the country’s ethnic and religious diversity.
The Сommissioner outlined the legal protections in place to uphold equality and prevent discrimination. These include administrative and criminal liability for violations of equal rights and for incitement to social, national, ethnic, racial or religious hatred, including offences committed through the media, telecommunications networks and online platforms.
“Those who violate equal rights or incite social, national, ethnic, racial or religious hatred, including through the media, telecommunications networks and online platforms, may face administrative or criminal liability,” Artur Lastayev said.
The Ombudsman also highlighted the role of the Kazakhstan Halyk Kenesi (People’s Council of Kazakhstan) in promoting inclusive public dialogue. As the country’s highest constitutional advisory body, the Council represents the interests of the people and contributes to dialogue and coordination on matters related to national unity. The Council comprises 126 members, including 42 representatives of ethno-cultural associations.
Similar mechanisms are in place at the regional level. Representatives of ethno-cultural associations make up at least one quarter of the membership of public councils, giving ethnic communities a regular channel for participation in public discussions and an opportunity to have their perspectives reflected in deliberations on issues of wider public importance.
Artur Lastayev also addressed freedom of conscience and religion, stressing the principle of equal treatment of religious communities. As a secular state, Kazakhstan does not grant any religion a privileged legal status. The same legal framework applies to all religious associations, regardless of the size of their membership.
The Commissioner for Human Rights of the Republic of Kazakhstan, Artur Lastayev, held a meeting with Douglas Wake, Head of the Mission of the OSCE Office for Democratic Institutions and Human Rights (ODIHR)
During the meeting, the parties discussed issues related to the nationwide referendum on the new Constitution of Kazakhstan scheduled for 15 March. Particular attention was given to the key aspects of the constitutional reform, the protection of citizens’ rights and freedoms, as well as ensuring the transparency and openness of the electoral process.
In the course of the discussion, the activities of the Office of the Commissioner were also presented, including its key areas of work, mechanisms for the protection of citizens’ rights, and its cooperation with state bodies and civil society institutions.
Artur Lastayev, Human Rights Commissioner, conducted a working meeting with UNDP Resident Representative in Kazakhstan Katarzyna Wawiernia.
The parties discussed the outcomes of the project «Strengthening the Effectiveness of National Human Rights Mechanisms in Kazakhstan», jointly implemented by the National Centre for Human Rights and UNDP from 2023 to 2025.
In addition, the parties identified areas for further cooperation and the promotion of international human rights standards in Kazakhstan.
Artur Lastayev and Katarzyna Wawiernia emphasized the importance of further cooperation aimed at broadening public access to legal protection and consolidating rule-of-law principles in Kazakhstan.
During the meeting, the Ombudsperson also provided information on the draft of the country’s New Constitution, which will be submitted to a national referendum on 15 March.
Artur Lastayev highlighted that the Constitutional Reforms would enhance the protection of citizens’ rights and freedoms.
A discussion of the main provisions of the draft of the new Constitution took place at the National Center for Human Rights.
As noted by the Human Rights Commissioner, Artur Lastayev, in his address to the staff of the Center and regional ombudsmans, the drafting of the country’s Basic Law took place over several months and took into account the views of engaged citizens, as well as the proposals of the working group and the members of the Constitutional Reform Commission (Constitutional Commission).
The presented draft of the new Constitution elicited a broad public response and became the subject of active discussion.
The amendments to the Basic Law affected all sections and 77 articles, accounting for over 80% of the Constitution's text. The draft reflects the foundations of profound constitutional modernization and provides a solid basis for the state’s future development.
In his address, the Ombudsman focused specifically on issues related to human rights and the mechanisms that protect them.
The Commissioner emphasized that, for the first time in the history of independent Kazakhstan, the Preamble declares the unwavering observance of citizens’ rights and freedoms.
The Commissioner emphasised that this is the first time in the history of independent Kazakhstan that the Preamble has declared unwavering observance of citizens’ rights and freedoms. Once again, the emphasis has been placed on the paramount importance of human rights, with the section devoted to them being renamed.
According to Artur Lastayev, the key point was the enshrinement of the absolute right to life in the draft Constitution: “This is the foundation of all rights and freedoms. Without it, other freedoms would simply not exist.”
The Ombudsman also highlighted other proposed provisions of the new Constitution, including the right not to testify against oneself or one’s relatives and not to bear the burden of proving one’s own innocence; the enshrinement of the secular character of the state; the principle of presumption of innocence; the foundational principles of marriage and family; the continued prohibition of the death penalty; strengthened guarantees of personal inviolability; the protection of personal data; and other key measures.
In discussing the draft of the country’s Basic Law, the meeting participants emphasized the importance of strengthening guarantees for the protection of citizens’ fundamental rights and freedoms.
The Commissioner for Human Rights Artur Lastaev called for observing the principle of presumption of innocence when providing information to the public about the course and results of pre-trial proceedings.
The inviolable principle of the presumption of innocence is enshrined in articles 77 of the Constitution and 19 of the CPC, as well as in articles 14 of the International Covenant on Civil and Political Rights, 11 and 16 of the Universal Declaration of Human Rights recognized by the Republic of Kazakhstan.
"A person is considered innocent of committing a crime until his guilt is recognized by a court verdict that has entered into legal force."
The Ombudsman's Office analyzed the information space over a period of several years and identified individual violations. In particular, publications with statements with a clearly accusatory bias have been established in the absence of sentences that have entered into legal force.
The results were sent to the Prosecutor General's Office with a proposal to take measures to prevent the publication of allegations about the guilt of persons against whom there are no effective sentences.
Considering that public premature accusations can damage a person's reputation and violate his right to a fair trial, similar recommendations have also been sent to the Ministry of Information and Public Development.
A law-based society should show zero tolerance for any human rights violations and ensure respect for the rule of law and justice for everyone, including those suspected of committing crimes.
Today, on the proposal of the Head of State Artur Lastayev was elected by the Senate of the Parliament to the post of Commissioner for Human Rights in the Republic of Kazakhstan.
Lastayev Artur Ermekovich was born in 1983.
Graduate of Al-Farabi Kazakh National University with a degree in international law.
He began his career in 2006 as an assistant of prosecutor of the Bostandyk district of the Prosecutor's Office of Almaty.
Then he worked for more than five years in the Prosecutor General's Office as head of the Department for Supervision of Legality in the Socio-economic Sphere.
Since January 2016 he was a representative of the Prosecutor General's Office – adviser to the Permanent Mission of the Republic of Kazakhstan to the UN Office and other international organizations in Geneva.
Since July 2018 he was representative of the Prosecutor General's Office in Europe – an adviser to the Embassy of Kazakhstan in Switzerland.
Before his appointment, A.Lastayev he was Head of International Legal Cooperation Service of the Prosecutor General's Office of the Republic of Kazakhstan.
By the Decree of the President of the Republic of Kazakhstan Azimova Elvira Abilkhasimovna was appointed Chairman of the Constitutional Court of the Republic of Kazakhstan from January 1, 2023.
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By order of Commissioner for Human Rights Elvira Azimova in accordance with the Law «On the Commissioner for Human Rights in the Republic of Kazakhstan» representatives of the Ombudsman were appointed in a number of regions, as well as in the cities of Astana, Shymkent.
Thus, representatives of the Ombudsman in Akmola, Aktobe, East Kazakhstan, Kyzylorda, Karaganda, Kostanay, North Kazakhstan, Turkestan, West Kazakhstan (from November 1) regions, the cities of Astana, Shymkent started their work. Competitive events also continue in Zhambyl, Pavlodar, Atyrau, Mangistau oblasts and Zhetysu.
This year the Representative Offices of the Commissioner will function in 17 regions of Kazakhstan. In 3 more regions (Ulytau, Abay and Almaty regions) representative offices will open in 2023 after completion of appropriate procedures.
Representatives are civil servants and are appointed in the manner prescribed by the law of the Republic of Kazakhstan «On Public Service».
The post of Representative of the Ombudsman for Human Rights in the Republic of Kazakhstan was established to provide additional guarantees of state protection of human and civil rights and freedoms throughout the territory of Kazakhstan, as well as to make the appeal to the Commissioner available to citizens to protect their rights, especially those living in rural areas.
They are vested with broad powers to appeal to public authorities, law enforcement and judicial bodies to restore violated human and civil rights and freedoms, to improve the normative legal acts of the Republic of Kazakhstan, to promote and advance civil rights and freedoms in the region.
Citizens of the Republic of Kazakhstan and foreigners and stateless persons located on its territory, or their representatives may apply to the representatives.
A list of representatives and their contact information can be found here: https://www.gov.kz/memleket/entities/ombudsman/about/structure/448/1?lang=ru
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