Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
While the constitution provides for freedom of speech and of the press, the government limited freedom of expression and exerted influence on media through a variety of means, including detention, imprisonment, criminal and administrative charges, law, harassment, licensing regulations, and internet restrictions.
After her 2019 visit to the country, the UN special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionualla Ni Aolain, expressed deep concern at the use of counterterrorism and extremism laws to target, marginalize, and criminalize the work of civil society. “Nonviolent criticism of State policies can effectively constitute a criminal offense,” she wrote, “as the provisions on extremism and terrorism have been applied to criminalize the peaceful exercise of freedom of expression and of thought, which is incompatible with a society governed by rule of law and abiding by human rights principles and obligations.”
Media activists raised concerns about the wide use of the legal provision imposing liability for dissemination of false information. They highlighted its use to pressure or silence journalists and civil society activists during the COVID-19 pandemic.
On April 17, authorities arrested and charged activist Alnur Ilyashev for dissemination of false information during a state of emergency. Police stated that Ilyashev’s posts on Facebook critical of the Nur Otan Party and its leader, First President Nazarbayev, contained false information and presented a danger to public order. On June 22, after holding Ilyashev in a pretrial detention facility for more than two months, the Medeu district court in Almaty found him guilty and sentenced him to three years of probation. The court also imposed on Ilyashev a five-year ban on public activity, 100 hours per year of compulsory work during his probation, and a fine of approximately 54, 000 tenge ($130). On September 15, Iliyashev appealed the court ruling but lost the case.
Freedom of Speech: The government limited individual ability to criticize the country’s leadership, and regional leaders attempted to limit criticism of their actions in local media. The law prohibits insulting the first president, the sitting president, or their families, with penalties up to five years’ imprisonment, and penalizes “intentionally spreading false information” with fines of up to 12.63 million tenge ($32,800) and imprisonment for up to five years.
On February 6, the Mangistau regional court of appeals upheld the Munailinski district court’s verdict and sentence of local activist, blogger, and vocal political critic Zhambyl Kobeisinov to six months of incarceration for libel. The case was initiated by the local police chief, who sued Kobeisinov and his wife for defaming him on Kobeisinov’s YouTube channel.
On April 13, the KNB in Karaganda arrested Arman Hasenov on charges of insulting First President Nazarbayev with the posting of a video in which he criticized Nazarbayev. On April 30, the Kazybek Bi district court in Karaganda convicted Hasenov and sentenced him to three years of probation, 100 hours a year of compulsory labor, and an administrative fine of 41,670 tenge ($100).
Almat Zhumagulov and Kenzhebek Abishev were sentenced in 2018 to eight and seven years’ imprisonment, respectively, for advocating terrorism. Supporters and human rights advocates called the case against them politically motivated and asserted that the video of masked figures calling for jihad that served as the primary evidence for their convictions was fabricated by the government. Zhumagulov was a supporter of the banned DCK opposition organization. Abishev, who denied any connection to the DCK, was an advocate for land reform and other political matters. On April 29, a court in Kapshagay granted Kenzhebek Abishev’s request of early release by replacing the remaining time of his sentence with probation. Prosecutors challenged this decision, and on July 8, the Almaty regional court of appeals overturned the Kapshagay court’s decision to release Abishev. The Almaty regional court also upheld on November 24 a Kapshagay district court decision of October 5 to deny a subsequent request by Abishev for early release. Separately, on July 1, the Kapshagay city court declined Almat Zhumagulov’s request for early release.
Freedom of Press and Media, Including Online Media: Independent media were severely limited. Many privately owned newspapers and television stations received government subsidies. The lack of transparency in media ownership and the dependence of many outlets on government contracts for media coverage are significant problems.
Companies allegedly controlled by members of First President Nazarbayev’s family or associates owned many of the broadcast media outlets that the government did not control outright. According to media observers, the government wholly or partly owned most of the nationwide television broadcasters. Regional governments owned several frequencies, and the Ministry of Information and Social Development distributed those frequencies to independent broadcasters via a tender system.
All media are required to register with the Ministry of Information and Social Development, although websites are exempt from this requirement. The law limits the broadcast of foreign-produced programming to 50 percent of a locally based station’s weekly broadcast time. This provision burdened smaller, less-developed regional television stations that lacked resources to create programs, although the government did not sanction any media outlet under this provision. Foreign media broadcasting does not have to meet this requirement.
Violence and Harassment: Independent journalists and those working in opposition media or covering stories related to corruption and rallies or demonstrations reported harassment and intimidation by government officials and private actors.
On March 16, 101TV.kz YouTube channel journalist Botagoz Omarova went to the Eurasia Building Company in Karaganda to submit a formal information request for the investigative journalism report she was preparing on the company’s reportedly poor performance. While waiting for a representative to receive her letter, Omarova was attacked by a guard, who dragged her out of the building, assaulted her, and seized her smartphone. Police are reviewing her complaint.
On April 11, KTK TV reporter Beken Alirakhimov and cameraman Manas Sharipov were detained by police on the premises of the Atyrau regional hospital. They were recording interviews with a group of doctors and nurses who spoke about difficulties they faced during the COVID-19 emergency situation. The journalists were taken to a police station where they were forced to submit a written statement explaining the incident. They then were placed under quarantine because they had contacted doctors who could potentially have been infected.
Human rights activists criticized the country’s chief health officer Aizhan Yesmagambetova’s July decision to ban taking photos and videos in hospitals. Yesmagambetova explained the restrictions were necessary to protect the privacy of patients and to protect medical workers from unwarranted pressure. Media watchdog Adil Soz stated that by law the chief health officer does not have the power to restrict media freedom. On social media, activists said the ban was intended to restrict information about a general lack of personal protective equipment and other health-care supplies. In its analytical report entitled, Freedom of Speech in Conditions of the Emergency Situation and Quarantine, Adil Soz stated that “the freedom of expression, of obtaining and dissemination of information was unreasonably restricted” during the emergency situation, and the constitutional guarantees of those rights were violated. Authorities did not provide full and accurate information about the rationale and adequacy of the quarantine restrictions.
Censorship or Content Restrictions: The law enables the government to restrict media content through amendments that prohibit undermining state security or advocating class, social, race, national, or religious discord. Owners, editors, distributors, and journalists may be held civilly and criminally responsible for content unless it came from an official source.
Journalists and media outlets exercised self-censorship to avoid pressure by the government. The law provides for additional measures and restrictions during “social emergencies,” defined as “an emergency on a certain territory caused by contradictions and conflicts in social relations that may cause or have caused loss of life, personal injury, significant property damage, or violation of conditions of the population.” In these situations the government may censor media sources by requiring them to provide their print, audio, and video information to authorities 24 hours before issuance or broadcasting for approval. Political parties and public associations may be suspended or closed should they obstruct the efforts of security forces. Regulations also allow the government to restrict or ban copying equipment, broadcasting equipment, and audio and video recording devices and to seize temporarily sound-enhancing equipment.
In May Irina Volkova, a reporter of the government-controlled Zvezda Priirtyshia newspaper in Pavlodar, requested information from the regional education department as part of her work on an article she was writing for a part-time job at another newspaper. The reporter requested information about the local boarding school for children with mental disabilities. The managers of Zvezda Priirtyshia pressured her to check all her requests with her supervisor and not to pose controversial questions. She was told that the restrictions also applied to her work for other media outlets.
By law internet resources, including social media, are classified as forms of mass media and governed by the same rules and regulations. Authorities continued to charge bloggers and social media users with criminal violations due to their online posts.
On May 15, the Petropavlovsk city court convicted blogger Azamat Baikenov for participation in the banned DCK. The prosecutors presented Baikenov’s posts in social media and messengers as evidence of Baikenov’s participation in the DCK based on the conclusions of experts who were contracted by investigators. These contracted experts found that Baikenov’s posts “formed Kazakhstani citizens’ negative attitude to the authorities and encouraged them to take actions aimed at changing the government.” The defendant argued that he was not an extremist and not a single fact of his affiliation with the DCK or propaganda of its ideas was proved. He also criticized the judge for not examining materials objectively and for merely supporting the prosecutor. The judge sentenced Baikenov to one year of probation and payment of an administrative fine of 27,000 tenge ($65).
On April 6, Bagdat Baktybayev, an activist in Zhambyl province, was sentenced to 10-days administrative arrest for violation of public order during the emergency situation. According to the court verdict, Baktybayev was found guilty for livestreaming long lines of individuals at the local post office where they were submitting documents for a social allowance that the government paid to those who lost incomes because of the COVID-19 lockdown. He made loud comments, audible on the livestream, expressing dissatisfaction with how the government worked.
Libel/Slander Laws: On June 27, the president signed amendments into legislation that removed liability for libel from the law. Human rights activists and observers welcomed the decriminalization of libel but remained concerned that the law continues to impose serious punishment for libel. Several articles in the law remained that could also be applied against individuals insulting officials. These included the following: “Public insult or other infringement on the honor and dignity of the First President,” “Infringement on the honor and dignity of the President,” “Infringement on the honor and dignity of a Member of Parliament,” “Insulting a representative of authority,” “Libel in regard to a judge, juror, investigator, expert, court bailiff,” and “Dissemination of knowingly false information.”
During the COVID-19 pandemic, there were multiple complaints that authorities used the legal provision on the spreading of false information to put pressure on journalists and civil society activists.
The law includes penalties for conviction of defamatory remarks made in mass media or “information-communication networks,” including heavy fines and prison terms. Journalists and human rights activists feared these provisions would strengthen the government’s ability to restrict investigative journalism.
National Security: The law criminalizes the release of information regarding the health, finances, or private life of the first president, as well as economic information, such as data on mineral reserves or government debts to foreign creditors. To avoid possible legal problems, media outlets often practiced self-censorship regarding the president and his family.
The law prohibits “influencing public and individual consciousness to the detriment of national security through deliberate distortion and spreading of unreliable information.” Legal experts noted the term “unreliable information” was overly broad. The law also requires owners of communication networks and service providers to obey the orders of authorities in case of terrorist attacks or to suppress mass riots.
The law prohibits publication of any statement that promotes or glorifies “extremism” or “incites discord,” terms that international legal experts noted the government did not clearly define. As part of the president’s reform agenda, the government in June enacted amendments to the criminal code’s Article 174, “Incitement of Social, Ethnic, Tribal, Racial and Religious Discord.” Many observers criticized those amendments as insignificant. The term “incitement” was replaced with “inflaming,” and new types of punishment for violation of article 174 were added. Some amendments were made in the law on money laundering and financing of terrorism to mitigate punishment for persons who were convicted under article 174. These included changes that made more convicts eligible to be removed from the list of those who were designated as terrorists or as supporting terrorism. Another provision in the amendment was the ability for former convicts to seek access to limited banking operations for themselves and their family members. Provisions were also included to allow former convicts to have access to more types of previously proscribed income, such as annual leave compensation and travel expenses.
The government subjected to intimidation media outlets that criticized the president, the first president, and their families; such intimidation included law enforcement actions and civil suits. Although these actions continued to have a chilling effect on media outlets, some criticism of government policies continued. Incidents of local government pressure on media continued.
The government exercised comprehensive control over online content. Observers reported the government blocked or slowed access to opposition websites. Many observers believed the government added progovernment postings and opinions in internet chat rooms. The government regulated the country’s internet providers, including majority state-owned Kazakh Telecom. Nevertheless, websites carried a wide variety of views, including viewpoints critical of the government.
Media law prohibits citizens from leaving anonymous comments on media outlet websites, which must register all online commenters and make the registration information available to law enforcement agencies on request. As a result most online media outlets chose to shut down public comment platforms.
The Ministry of Digital Development, Innovations, and Aerospace Industry controlled the registration of .kz internet domains. Authorities may suspend or revoke registration for locating servers outside the country. Observers criticized the registration process as unduly restrictive and vulnerable to abuse.
The government implemented regulations on internet access that mandate surveillance cameras in all internet cafes, require visitors to present identification to use the internet, demand internet cafes keep a log of visited websites, and authorize law enforcement officials to access the names and internet histories of users.
In several cases the government denied it was behind the blocking of websites. Bloggers reported anecdotally their sites were periodically blocked, as did the publishers of independent news sites.
The cabinet has the power to suspend access to the internet and other means of communication without a court order. By law and a cabinet decree, the Prosecutor General’s Office, the KNB, and the ministries of Defense, Internal Affairs, and Emergency Situations are authorized to suspend communication networks and communication means in emergency situations or when there is a risk of an emergency situation.
Observers continued to rate the country as a “not free” country that practices disruption of mobile internet connections and throttles access to social media. During protest actions access to internet was often blocked to eliminate the potential to livestream and share live updates from the events. Authorities also blocked access to some independent websites.
On May 16, authorities blocked kuresker.org, which reported on the repression of activists and abuse of prisoners’ rights. Kuresker.org is not included in the government’s official list of websites that are blocked based on court decisions. In response to requests for an explanation of the blocking of kuresker.org, authorities denied involvement.
The website panorama.pub was blocked on July 3 after it posted a news story (which appeared to be satire because the website is satirical) that the country was developing a COVID-19 antitoxin serum derived from antibodies extracted from First President Nazarbayev’s blood, claiming that he had recovered from the disease. The Ministry of Information and Social Development rebuffed the news as fake and warned about liability for the dissemination of false information. The ministry stated that relevant agencies were examining the post and taking measures to stop its further dissemination.
International observers remained concerned about authorities’ pressure on journalists and bloggers. In April Jeanne Cavelier, the head of Reporters Without Borders’ Eastern Europe and Central Asia desk, said the government was harassing journalists and bloggers who strayed from the official line on the COVID-19 pandemic, on the pretext of forestalling panic, and that this exploitation of the state of emergency harmed press freedom in the country.
Government surveillance of the internet was prevalent. According to Freedom House’s report, “the government centralizes internet infrastructure in a way that facilitates control of content and surveillance.” Authorities, both national and local, monitored internet traffic and online communications. The report stated, “activists using social media were occasionally intercepted or punished, sometimes preemptively, by authorities who had prior knowledge of their planned activities.”
On February 13, the Almaty city court rejected the appeal of Aset Abishev, who was sentenced in 2018 to four years’ imprisonment for supporting an extremist organization on the basis of Facebook posts he wrote or shared in support of the banned DCK opposition movement. Media reported that Abishev told the court he did not believe it was a crime to express opinions critical of the government. He said, “If the desire for teachers to receive a decent salary or for children to study and be fed for free in schools is extremism, then I am guilty. But I have not committed any illegal or violent actions.” On June 5, the Kapshagay city court declined Abishev’s request for early release on probation.
Academic Freedom and Cultural Events
The government generally did not restrict academic freedom, although general restrictions, such as the prohibition on infringing on the dignity and honor of the first president, president, and their families, also applied to academics. Many academics practiced self-censorship.
b. Freedoms of Peaceful Assembly and Association
Freedom of Peaceful Assembly
The law provides for limited freedom of assembly, but there were significant restrictions on this right. On May 25, President Tokayev signed the law on peaceful assembly in the country. The government praised it as a step forward in the liberalization of the country’s legislation. Opponents criticized it as restrictive and falling short of international standards for the freedom of peaceful assembly. Serious restrictions remained. Organizers must submit advance notification to the local government and wait for its response. The law states all gatherings except single-person pickets may only be held in areas designated by authorities, spontaneous gatherings are banned, and foreigners and stateless persons are denied the right to peaceful assembly.
Two opposition groups–the Democratic Party and the DCK–made separate calls to their supporters to rally on June 6. Despite authorities’ warnings against mass gatherings during the pandemic and police blocking roads that led to the venues of rallies, protesters in several cities demanded release of political prisoners, debt forgiveness, a ban on the sale of land to foreigners, and freedom of peaceful assembly. Police stated that 53 protesters were detained, seven of whom were punished by administrative fines, one protester was given a reprimand, and the rest were released after receiving an explanation of the law. Activists claimed that hundreds of protesters were detained by police, with some placed in jail and fined the day of the protest and others arrested afterwards.
On September 13, large peaceful protests were held in six cities after Democratic Party leaders prenotified local authorities in 12 cities of the planned protests. Protesters were allowed to gather and were only observed by police in most cities. Party leaders said that small groups of supporters were reportedly held in administrative detention before and then released just after the protests in some cities.
On September 25, the DCK organized small protests that were met by an energetic law enforcement response. Video on social media showed peaceful DCK protesters being arrested and carried away physically by large units of security forces. Social media posts and news sources indicated at least 43 persons were detained temporarily in connection with the September 25 event.
Freedom of Association
The law provides for limited freedom of association, but there were significant restrictions on this right. Any public organization set up by citizens, including religious groups, must be registered with the Ministry of Justice, as well as with the local departments of justice in every region in which the organization conducts activities. The law requires public or religious associations to define their specific activities, and any association that acts outside the scope of its charter may be warned, fined, suspended, or ultimately banned. Participation in unregistered public organizations may result in administrative or criminal penalties, such as fines, imprisonment, the closure of an organization, or suspension of its activities.
NGOs reported some difficulty in registering public associations. According to government information, these difficulties were due to discrepancies in the submitted documents (see section 5, Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights).
Membership organizations other than religious groups, which are covered under separate legislation, must have at least 10 members to register at the local level and must have branches in more than one-half the country’s regions for national registration (see sections 3, Political Parties and Political Participation, and 7.a., Freedom of Association and the Right to Collective Bargaining).
By law all “nongovernment organizations, subsidiaries, and representative offices of foreign and international noncommercial organizations” are required to provide information on “their activities, including information regarding the founders, assets, sources of their funds and what they are spent on….” An “authorized body” may initiate a “verification” of the information submitted based on information received in mass media reports, complaints from individuals and entities, or other subjective sources. Untimely or inaccurate information contained in the report, discovered during verification, is an administrative offense and may carry fines up to 63,125 tenge ($164) or suspension for three months if the violation is not rectified or is repeated within one year. In extreme cases criminal penalties are possible, which may lead to a large fine, suspension, or closure of the organization.
The law prohibits illegal interference by members of public associations in the activities of the government, with a fine of up to 404,000 tenge ($1,050) or imprisonment for up to 40 days. If committed by the leader of the organization, the fine may be up to 505,000 tenge ($1,310) or imprisonment for no more than 50 days. The law did not clearly define “illegal interference.”
By law a public association, along with its leaders and members, may face fines for performing activities outside its charter. The law was not clear regarding the delineation between actions an NGO member may take in his or her private capacity versus as part of an organization.
The law establishes broad reporting requirements concerning the receipt and expenditure of foreign funds or assets; it also requires labeling all publications produced with support from foreign funds. The law also sets out administrative and criminal penalties for noncompliance with these requirements and potential restrictions on the conduct of meetings, protests, and similar activities organized with foreign funds.
In November a group of 13 NGOs that receive foreign funds reported heightened scrutiny by tax authorities, which some of the NGOs stated was likely motivated by the NGOs’ planned activities around parliamentary elections on January 10, 2021. The NGOs reportedly received notifications from tax authorities about discrepancies in their 2017-18 foreign grants reports, which the NGOs claimed were typographical errors and minor technical inaccuracies. The penalties the tax authorities proposed, administrative fines of 555,600 tenge ($1,300) and suspension of activities, were not commensurate with the alleged errors. None of the NGOs was accused of evading taxes, inappropriate spending of funds, or other unlawful tax-related actions.
c. Freedom of Religion
d. Freedom of Movement
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. Despite some regulatory restrictions, the government generally respected these rights.
In-country Movement: The government required foreigners who remained in the country for more than five days to register with migration police. Foreigners entering the country had to register at certain border posts or airports where they entered. Some foreigners experienced problems traveling in regions outside their registration area. The government’s Concept on Improving Migration Policy report covers internal migration, repatriation of ethnic Kazakh returnees, and external labor migration. In 2017 the government amended the rules for migrants entering the country so that migrants from Eurasian Economic Union countries may stay up to 90 days. There is a registration exemption for families of legal migrant workers for a 30-day period after the worker starts employment. The government has broad authority to deport those who violate the regulations.
Since 2011 the government has not reported the number of foreigners deported for gross violation of visitor rules. Individuals facing deportation may request asylum if they fear persecution in their home country. The government required persons who were suspects in criminal investigations to sign statements they would not leave their city of residence.
Authorities required foreigners to obtain prior permission to travel to certain border areas adjoining China and cities in close proximity to military installations. The government continued to declare particular areas closed to foreigners due to their proximity to military bases and the space launch center at Baikonur.
A state of emergency was declared by the president from March 16 to May 11 in order to slow the spread of COVID-19. The government set stringent restrictions on the freedom of movement. Movement within cities and towns was restricted, and checkpoints were established to control the flow of traffic into and out of cities, where most of the early virus cases occurred. Special permission was granted to essential workers to pass the checkpoints. Many measures were implemented with short notice. All flights were stopped initially, and then were gradually allowed to resume, as the state of emergency ended and restrictions were gradually eased. Citizens’ mobility within cities was also restricted and required advance permission, but information about who had been granted permission was often incomplete, which initially limited mobility even for those with permission.
During the most stringent lockdown period, individuals were allowed to leave home only to go to grocery stores or pharmacies within 1.2 miles of their homes. All playgrounds were shut down. Children could not be outdoors without parents, and parks were closed. In localized cases authorities locked down whole apartment buildings if one tenant tested positive for COVID-19. In several extreme cases, local authorities welded shut entrance doors to the buildings. Police cordons surrounded the buildings. Residents were required to remain in their homes, often without sufficient food and other essential supplies. Human Rights Commissioner Elvira Azimova spoke up against locks put on apartment buildings. She stated that she believed it was enough to put fences and police cordons around buildings. Subsequent government responses to COVID-19 outbreaks in specific regions were less severe, but the government continued to employ time-limited travel restrictions and roadblocks to limit the spread of COVID-19.
The COVID-19 pandemic also had severe impacts on labor migrants. During the state of emergency period, many lost jobs or were forced to take unpaid leave. As a result, many could not afford housing, health services, or food. Migrants remained ineligible to seek government support, and they could not return to their home countries because air flights and railways stopped and borders were closed. Human rights activists reported that courts continued to issue rulings on deportation of migrants who did not have the relevant work permissions.
In May the government adopted a resolution to allow through January 5, 2021, the exit, without administrative penalties, of foreign citizens with expired or expiring identification documents or permits (visas, registration cards, work or residence permits). The government, with the assistance of local NGOs, negotiated with neighboring governments for the return of migrant laborers to their home countries. Migration Service Centers in all regions provided services for migrant laborers at one-stop express windows. As of November, according to government statistics, 149,217 foreign citizens had returned home from the country (including 30,801 Russian citizens), and the government had legalized the status of 146,970 foreign citizens (of whom 94,405 received temporary work permits, 1,966 received authorization for family reunion, 872 to study, 148 to receive medical care, and 6,501 for visa extensions).
Foreign Travel: The government did not require exit visas for temporary travel of citizens, yet there were certain instances in which the government could deny exit from the country, including in the case of travelers subject to pending criminal or civil proceedings or having unfulfilled prison sentences or unpaid taxes, fines, alimony, or utility bills, or compulsory military duty. Travelers who presented false documentation during the exit process could be denied the right to exit, and authorities controlled travel by active-duty military personnel. The law requires persons who had access to state secrets to obtain permission from their employing government agency for temporary exit from the country.
Exile: The law does not prohibit forced exile if authorized by an appropriate government agency or through a court ruling.
e. Status and Treatment of Internally Displaced Persons
Section 3. Freedom to Participate in the Political Process
The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but the government severely limited exercise of this right.
Although constitutional amendments in 2017 increased legislative and executive branch authority in some spheres, the constitution concentrates power in the presidency itself. The president appoints and dismisses most high-level government officials, including the prime minister, cabinet, prosecutor general, KNB chief, Supreme Court and lower-level judges, and regional governors. A presidential decree signed October 9 requires most of these appointments to be made in consultation with the chairman of the Security Council, a position that was granted in 2018 to then president Nazarbayev for his lifetime.
The 2018 law on the first president–the “Leader of the Nation” law–establishes then president Nazarbayev as chair of the Kazakhstan People’s Assembly and of the Security Council for life, grants him lifetime membership on the Constitutional Council, allows him “to address the people of Kazakhstan at any time,” and stipulates that all “initiatives on the country’s development” must be coordinated through him.
The Mazhilis (the lower house of parliament) must confirm the president’s choice of prime minister, and the Senate must confirm the president’s choices of prosecutor general, KNB chief, Supreme Court judges, and National Bank head. Parliament has never failed to confirm a presidential nomination. Modifying or amending the constitution effectively requires the president’s consent.
Elections and Political Participation
Recent Elections: President Nursultan Nazarbayev stepped down in March 2019 and under the constitution the presidency immediately passed to the chairman of the Senate, Kassym-Jomart Tokayev. Thereafter, the government conducted presidential elections in June 2019. Out of seven presidential candidates, Tokayev won with 70.96 percent of the vote. According to an Organization for Security and Cooperation in Europe (OSCE) observer mission’s report, the election “offered an important moment for potential political reforms, but it was tarnished by clear violations of fundamental freedoms as well as pressure on critical voices.” The report cited a number of violations, such as ballot-box stuffing and problems with vote counting, including cases of deliberate falsification. Other problems included lack of transparency, such as by not releasing election results by polling station, and violations of the rights of assembly, expression, and association. The report also noted the widespread detention of peaceful protesters on election day in major cities. Overall, the conduct of the election showed “scant respect for democratic standards.”
The OSCE report further observed that the problems went beyond election day itself. According to the final report, in recent years some opposition parties have either been banned or marginalized through restrictive legislation or criminal prosecution, and the ability of new political parties to register was significantly restricted by the Law on Political Parties. Moreover, the legal framework for candidate eligibility was highly restrictive. The OSCE report also noted that 2017 constitutional and legislative amendments abolished self-nomination and introduced further eligibility requirements that significantly reduced the candidate pool, with requirements for education, residency, and experience in the civil service or elected government office.
The most recent elections to the Mazhilis, the lower house of parliament, took place in 2016. The ruling Nur Otan Party won 84 seats, Ak Zhol won seven seats, and the Communist People’s Party won seven seats. An observer mission from the OSCE noted irregularities and limitations on civil and political rights.
The country held Senate elections on August 12, following the legal requirement that 17 of 49 senators rotate every three years. Senators were selected by members of maslikhats (local representative bodies) acting as electors to represent each administrative region and the cities of national significance. Four incumbent senators were re-elected, and the majority of the newly elected senators were affiliated with the local authorities.
In June 2018 the government amended the election law. One change reduced the independence of members of maslikhats. Previously, citizens could self-nominate and vote for individual candidates running in elections for the maslikhats. Under the amended law, only parties may select candidates for party lists, citizens vote for parties, and the parties then choose whom from their list would join the maslikhat.
Another election law change affected public opinion surveys ahead of elections. According to the amendments, only legal entities may conduct public opinion surveys about elections after notifying the Central Election Commission (CEC). Such entities must be legally registered and have at least five years’ experience in conducting public opinion surveys. Violation of the law leads to a fine of 37,875 tenge ($98) for an individual and 75,750 tenge ($197) for an organization. The law prohibits publishing, within five days of elections, election forecasts and other research related to elections or support for particular candidates or political parties.
Political Parties and Political Participation: As part of the set of amendments in the political parties law signed by President Tokayev on May 25, the registration threshold was reduced from 40,000 to 20,000 members, with a minimum of 600 members from each region.
By law if authorities challenge the application by alleging irregular signatures, the registration process may continue only if the total number of eligible signatures exceeds the minimum number required. The law prohibits parties established on an ethnic, gender, or religious basis. The law also prohibits members of the armed forces, employees of law enforcement and other national security organizations, and judges from participating in political parties.
There were six registered political parties: Adal (formerly Birlik), Ak Zhol, Kazakhstan People’s Party (formerly the Communist People’s Party), National Social Democratic Party, Nur Otan Party, and People’s Patriotic Party “Auyl.” All parties generally did not oppose Nur Otan policies.
In 2018 the Yesil district court in Astana (now Nur-Sultan) banned, as an extremist organization, the DCK movement, which was organized by the fugitive banker and opposition figure, Mukhtar Ablyazov. The movement’s declared goal was the peaceful change of the country’s authoritarian regime into a parliamentary republic. The court ruled that the DCK incited social discord, created a negative image of state authorities, and provoked protest.
On February 8, a group of activists announced that they were founding the Koshe Party (“Street Party”), with the stated goal to change the country into a parliamentary republic, release all political prisoners, and combat corruption. On May 19, the Yesil district court in Nur-Sultan banned the Koshe Party as a successor organization of the DCK. The party was not represented at the court hearing. Human rights observers criticized the lack of fair court proceedings as a violation of the freedom of association.
Participation of Women and Members of Minority Groups: On May 25, President Tokayev signed into law amendments on national elections and political parties that mandate a combined 30 percent quota for women and youth in the lists of candidates of political parties running in elections. Youth are defined as those between the ages of 14 and 29. The amendments do not, however, specify the same ratio among the actually elected members of parliament and the maslikhats.
Traditional attitudes sometimes hindered women from holding high office or playing active roles in political life, although there were no legal restrictions on the participation of women or minorities in politics.