Human Rights Watch ‘Concerned’ About Kazakhstan’s Draft Constitution

Human Rights Watch have expressed concern that proposed amendments to Kazakhstan’s Constitution would severely weaken checks on executive power and fundamental human rights protections in the country, according to a statement published by the international watchdog group on February 16.

In particular, HRW highlighted several provisions that, if adopted, could allow for “excessive and undue restrictions” on basic civil liberties, such as the freedoms of expression, association, and peaceful assembly, and condemned Kazakhstan’s authorities for reacting harshly to negative public commentary about the proposed amendments.

“Genuine constitutional reform should strengthen rights protections and be shaped through an open and transparent process – not used to concentrate power or silence dissent,” said Mihra Rittmann, Central Asia adviser at HRW. “Public discussion of amendments to the Constitution should be inclusive and pluralistic, not policed.”

The advocacy group also noted that the proposed Constitution would define marriage exclusively as a “union between a man and a woman,” further institutionalizing discrimination against lesbian, gay, bisexual, and transgender (LGBT+) people, who already experience stigma and harassment in Kazakhstan.

On January 31, the Kazakhstan Constitutional Commission published a draft Constitution that proposes changing some 80% of the country’s current constitution. On February 2, over 60 civil society activists, human rights defenders, and legal experts published an open letter to President Kassym-Jomart Tokayev expressing concern about the reform process and requesting more inclusive public consultation.

Just over a week later, on February 11, Tokayev announced via decree that a referendum would be held on March 15 to rapidly approve the new document.

Authorities have framed the changes as needed to ensure “law and order” and modernize the country’s political framework, but analysis conducted by Vlast has shown that the proposed Constitution appears to strengthen the president’s position at the expense of most other institutions, and would allow for further restriction of civil society.

Sign up for our English-language newsletter.