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 in the Republic of Kazakhstan, Artur Lastayev, delivered a statement at the plenary session of the OSCE ODIHR Warsaw Human Dimension Conference, dedicated to strengthening guarantees of fundamental freedoms and advancing human rights mechanisms.
Speaking on the freedom of peaceful assembly and association, the Ombudsman noted that Kazakhstan applies a notification-based procedure for organizing peaceful assemblies. Since this year, regional authorities have begun offering alternative options in cases where objective restrictions on time or venue apply. In instances of unjustified refusals, courts have ruled such decisions unlawful. “This is an important indicator of growing trust between society and the government,” he emphasized.
The registration procedure for non-governmental organizations has also been simplified – now only three founders are required, and the total number of registered organizations exceeds 23,000. A draft law is being developed to further improve their activities in line with international standards.
Furthermore, the Commissioner recalled that the Constitution of Kazakhstan guarantees everyone freedom of conscience and religion. The country is home to about 4,000 religious associations representing 18 different faiths.
“Kazakhstan continues to strengthen the legal foundations and culture of human rights, making freedoms an integral part of every citizen’s daily life,” Artur Lastayev concluded.
At the plenary session of the OSCE ODIHR Human Dimension Conference in Warsaw, which focused on combating human trafficking and addressing issues related to refugees and displaced persons, the Commissioner for Human Rights, Artur Lastayev, delivered a statement.
The Ombudsperson noted that Kazakhstan has ratified the primary international instruments intended to combat modern forms of slavery and that it adopted a special law, "On Combating Human Trafficking", last year. Offences of this nature are now subject to severe criminal penalties of up to 18 years' imprisonment.
Victims of human trafficking are provided with guaranteed access to specialised social services, and crisis centres and shelters operate across the country.
Turning to the issue of refugees, Artur Lastayev noted that in 2009, Kazakhstan adopted a dedicated law establishing the right to seek protection and the principle of non-refoulement.
This law ensures that such individuals have access to medical care and that children have the right to education, regardless of their citizenship or the legal status of their parents.
The Commissioner for Human Rights in the Republic of Kazakhstan held a Side Event dedicated to combating domestic violence on the margins of the OSCE/ODIHR Human Dimension Conference in Warsaw. During the event, Ombudsperson presented the latest national developments and reforms in this area.
Kazakhstan has joined the Declaration on the Elimination of Violence against Women, the UN Convention on the Rights of the Child, the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol, and became the first country in the post-Soviet space to adopt a law on domestic violence, legally defining the phenomenon and establishing responsibility for it.
To date, a number of additional systemic measures have been adopted. Battery and minor bodily harm have been recriminalized. Reconciliation is no longer permitted in cases involving violence against minors or in cases of repeated acts of battery or minor harm.
Criminal liability has been introduced for sexual harassment of minors, as well as for aiding or inciting suicide. Rape of a minor is now punishable only by life imprisonment.
The punishment for kidnapping has been increased to up to 15 years in prison, and up to 10 years for unlawful confinement.
Criminal liability has been introduced for coercion into marriage with a maximum penalty of up to 10 years of imprisonment.
This legal framework combines preventive measures with strict accountability for domestic violence offenses.
The effectiveness of these measures is confirmed by statistics. The number of domestic homicides has decreased by 32%, cases of serious bodily harm by 17%, and cases of moderate bodily harm by 11%. These results have been achieved through an 11% increase in the accountability of perpetrators, the active use of protective orders and special requirements, as well as deep cultural changes within society.
«Although battery and minor bodily harm have been classified as criminal offenses since last year, the total number of administrative cases continues to grow. This is linked to strengthened prevention efforts, early conflict resolution, and, most importantly, a changing mindset and family culture that rejects the silencing of domestic violence», emphasized Artur Lastayev.
He underlined that «the protection of the rights of women and children and the fight against domestic violence will always remain in the focus of the Human Rights Institution’s constant attention».