Kazakhstan’s Constitutional Shift: A Tightening Grip on Rights?
Kazakhstan is poised to hold a referendum on March 15, 2026, to adopt a revised constitution. However, concerns are mounting that the proposed changes will significantly weaken checks on executive power and curtail fundamental human rights, according to Human Rights Watch. The speed of the process and the response to criticism are raising red flags for rights advocates.
Silencing Dissent: A Pattern of Intimidation
The lead-up to the referendum has been marked by a troubling trend: the intimidation and arrest of journalists, lawyers, and social media users who have voiced criticism of the draft constitution. In early February, a man was fined for posting critical comments on Facebook. Police have also questioned journalists and pressured them to delete posts. Activists have faced detention and restrictions on their activities. These actions contribute to a climate of fear and self-censorship, hindering open public discussion.
Key Concerns in the Draft Constitution
The draft constitution proposes changes to approximately 80 percent of the existing document. Several provisions are particularly concerning:
- Vague Restrictions on Freedoms: Clauses allowing restrictions on freedom of expression, association, and peaceful assembly based on broad concepts like “public order” and “morality” create a risk of arbitrary interpretation and abuse.
- Restrictions on Civil Society: The draft introduces constitutional restrictions on the financing of political parties and trade unions by foreign sources. It also mandates public disclosure of foreign funding for nongovernmental organizations, potentially stigmatizing organizations and interfering with freedom of association.
- Discrimination Against LGBT Individuals: The draft explicitly defines marriage as between a man and a woman, cementing discrimination against lesbian, gay, bisexual, and transgender people, who already face stigma and harassment.
- Weakening of Checks and Balances: The removal of a reference to international law taking precedence over domestic law and the undermining of the independence of national human rights institutions – specifically, removing Senate approval of the Ombudsman – raise concerns about the concentration of power.
The Role of International Law and Independent Review
Kazakhstan is a party to international human rights treaties guaranteeing freedoms of expression, assembly, and association. Any restrictions on these rights must be lawful, necessary, and proportionate. Critics argue that the proposed changes fail to meet these standards. There have been calls for the draft constitution to be reviewed by the European Commission for Democracy through Law (Venice Commission) for an independent legal assessment.
Civil Society Voices Concerns
More than 60 civil society activists, human rights defenders, and legal experts have expressed concerns about the legitimacy of the reform process. They warn that rushed changes, vague provisions, and the concentration of authority could weaken rights protections and further restrict civic space. They are advocating for inclusive public consultations, guarantees of human rights protection, and a transparent reform process.
Recent Crackdowns on Media
The news site KazTAG reported being blocked by several internet providers shortly after publishing an article critical of the constitutional amendments. This incident highlights the vulnerability of independent media and the potential for censorship.
FAQ
Q: What is the main concern regarding the new constitution?
A: The primary concern is that the proposed changes will weaken checks on executive power and restrict fundamental human rights.
Q: What is the Venice Commission?
A: The European Commission for Democracy through Law, also known as the Venice Commission, is an advisory body that provides legal expertise on constitutional matters.
Q: Has the government responded to these concerns?
A: Officials have rejected concerns that the amended constitution would lead to violations of international human rights law, portraying the changes as necessary for modernization and law and order.
Q: What is happening to activists and journalists who criticize the changes?
A: They are facing intimidation, fines, questioning by police, and, in some cases, detention.
Did you recognize? Kazakhstan’s constitution is undergoing a major overhaul, with approximately 80% of its provisions being revised.
Pro Tip: Stay informed about constitutional changes in countries of interest to understand potential impacts on human rights and political freedoms.
Want to learn more about human rights issues in Central Asia? Explore Human Rights Watch’s coverage of the region.
