The Venice Commission considered the draft constitutional law "On the Commissioner for Human Rights in the Republic of Kazakhstan"

On October 21-22, 2022, the 132nd plenary session of the European Commission for Democracy through Law of the Council of Europe (Venice Commission) was held in Venice (Italy), which was attended by a Kazakh delegation consisting of a member of the Venice Commission from Kazakhstan, the President of its Subcommission on the Institution of the Ombudsman - the Chairman of the Commission on Human Rights under the President of the Republic of Kazakhstan Igor Rogov, Commissioner for Human Rights in the Republic of Kazakhstan Elvira Azimova, Second Secretary of the Embassy of the Republic of Kazakhstan in the Italian Republic Mukhit Tleuzhanov.

One of the issues on the agenda of the Venice Commission session was consideration of the Draft Constitutional Law "On the Ombudsman for Human Rights in the Republic of Kazakhstan". Earlier the application of the Ombudsman on Human Rights in the Republic of Kazakhstan for the expert opinion had been addressed to the Commission in August of the current year. 

The Commission has approved the conclusion on the draft of the present Constitutional Law. Besides, during the development of the Draft Constitutional Law a number of remarks from the first conclusion to the current Law "On Human Rights Ombudsman in the RK" adopted on December 29, 2021 were taken into account.

It is about the conclusion of the Commission, received in the autumn of 2021 on the draft law already in force. In general the Commission welcomed Kazakhstan's efforts to strengthen the legal basis of the Ombudsman Institute and made a number of proposals regarding the draft law.

In her speech Elvira Azimova, Human Rights Commissioner in the Republic of Kazakhstan, informed that as a result of the national referendum constitutional amendments on granting a constitutional status to the Ombudsman Institution were adopted. In implementation of the adopted constructive norms the draft Constitutional Law on the status of this institution was developed. At present it is submitted for consideration of the Senate of the Parliament of the Republic of Kazakhstan.

"During the development and discussion of the Draft Constitutional Law we received the earlier opinion of the Venice Commission with specific recommendations on the improvement of its content as a significant support at all stages of the law making process. As a result, more than 50% of the recommendations were taken into account in the draft constitutional law. The rest of the recommendations of the Commission may be considered in the future by the Kazakhstani side by consensus, taking into account the existing legal practice in respect of the development of laws and the practice of application of the adopted Constitutional Law", - Elvira Azimova noted in her speech at the meeting of the Venice Commission on October 21, 2022.

The Venice Commission noted these results positively in its conclusion. The rapporteur from the Commission underlined the readiness of Kazakhstan to strengthen the status of the National Human Rights Institution, which has an important role in strengthening democracy, the rule of law, quality public administration and the protection and promotion of human rights and fundamental freedoms.

Igor Rogov, Member of the Venice Commission from the Republic of Kazakhstan, President of the Sub-Commission on the Institution of Ombudsman - Chairman of the Commission on Human Rights under the President of the Republic of Kazakhstan, said that as a representative of Kazakhstan, he would like to ask the Commission experts to come to Astana early next year and participate in the study of the practice of application of this Constitutional Law. He also reported that Kazakhstan has recently undertaken a second constitutional reform. President of the Republic of Kazakhstan is now elected for 7 years, but only for one term, and the term of office of judges of the Constitutional Court has been increased from 6 to 8 years.

The management of the Venice Commission was positive about the reforms taking place in Kazakhstan and expressed its readiness to provide expert assistance if needed.

The Venice Commission is an advisory body on constitutional law at the Council of Europe, whose mission is to analyze laws and their projects which touch upon problems of constitutional law and human rights protection. Kazakhstan has been a member of the Venice Commission since 2012.