Since gaining independence, Kazakhstan has worked towards building a democratic, secular and just state, recognising the individual, his rights and freedoms as the highest value. The implementation of constitutional provisions concerning human and civil rights and freedoms gave rise to the need for extensive reforms of the legal sphere, as well as the creation of an adequate legal infrastructure and the development of civil society institutions.
Firstly, respect for the principle of freedom of expression is the foundation of democracy for Kazakhstan. The free exercise of the rights to peaceful assembly serves as an important indicator for the government about the problems faced by the population, which is especially relevant for a young and large country like Kazakhstan. The government fully understands that the observance of the principles of freedom of expression is necessary for the effective engagement between the citizens and the state and, in a broader sense, for the preservation of a democratic system of governance. As such, the implementation of this principle is given special attention in Kazakhstan.
In May 2020, a new Law “On the Procedure for Organizing and Conducting Peaceful Assemblies in Kazakhstan” was adopted, which was developed with the broad participation of the civil society. The law was adopted with the aim of improving the legal mechanism to regulate the procedure for organizing and holding peaceful assemblies and eliminate legal gaps, taking into account international experience. At the same time, an important aspect was the instilling of the culture of rallies in the public awareness, as well as an adequate attitude of the state towards the public expression of various views.
Since the adoption of the Law, the rights of those participating in peaceful assemblies have been significantly expanded. For example, permission from the authorities is not required to hold a peaceful assembly – it is enough to simply notify the local executive body. The purpose of notifying is to enable the mayor’s offices to implement all the necessary organizational measures to promote freedom of assembly and ensure public safety.
Furthermore, the notification deadlines have been significantly reduced. Now, the organizer of rallies must notify the authorities five days in advance (previously 10), and the local executive body has to respond in just three days (previously five). In addition, the deadline for submitting an application for approval of a demonstration or a march has been reduced from 15 to 10 working days, and the period for its consideration from 10 to 7 working days.
Moreover, specialized places for holding peaceful assemblies have been defined. They are located in central areas of towns and cities, which expands the opportunity to be heard by the authorities. The organizers can choose any specialized place themselves, and the mayor’s office can no longer independently determine the places for the participants.
It should also be noted that the introduction of specialized places imposes numerous responsibilities on state bodies, including ensuring public safety and the provision of medical care. The organizers of assemblies are fully exempted from such obligations.
Overall, the new Law on Peaceful Assemblies facilitates and contributes to a democratic dialogue between the government and society. It is aimed at the practical implementation of the constitutional rights of citizens to peacefully assemble and express their point of view, as long as there is no violation of the law and public order and safety.
Secondly, the implemented socio-political reforms have radically changed the information sphere. Kazakhstan’s Constitution and the Law “On Access to Information” (2015) enshrine the guaranteed right of everyone to freely receive and distribute information in any way not prohibited by law. With the adoption of this legislation and the launch of the “Open Government” portals, an important necessary step was taken towards strengthening accountability and transparency, confirming Kazakhstan’s commitment to the principles of openness. Thanks to this law, all government information, with the exception of state secrets and other classified information, began to be published in the public domain. The legislation also expanded the opportunities for citizens to participate in government.
Through the “Open Government” portals, anyone can participate in public discussions of draft regulatory legal acts and budget programmes, online conferences and surveys, as well as directly contact the leadership of a state body or a quasi-public sector organization.
Furthermore, in order to increase the openness and accessibility of information, in December 2020, the President signed into law amendments to the Law “On Access to Information”. Key changes include the introduction of an annual report presented to the president on the state of the sphere of access to information, the establishment of an authorized structural unit or person responsible for access to information in all state bodies, the expansion of requirements for organizations in the quasi-public sector, and the introduction of the concept of public interest in the field of information.
In addition, the president’s “listening state” concept is being implemented, which ensures a prompt response to all constructive citizen requests and is subject to the “people first” principle. This concept has become a key bearing of the work of the entire state apparatus. Existing channels of engagement with the population are being improved and new instruments are being created. For example, a legal framework is currently being developed to legitimize the institution of petitions in Kazakhstan.
The Ministry of Information and Public Development is working on introducing targeted changes to legislation on religion. This includes amendments aimed at simplifying the registration of religious associations, holding religious events and studies. In accordance with international legal principles, norms will be included in the legislation that ensures equal rights for all citizens, both believers and non-believers, regardless of religious beliefs.
Furthermore, in order to humanise administrative legislation in the field of religious activity, it is planned to introduce “warnings” and reduce the size of administrative fines.
Ultimately, the outlined reforms demonstrate that Kazakhstan is on the right path when it comes to the development of democratic processes in the country.