Kazakhstan’s Constitution, Fifteen Years Young and Counting
28-08-2010
As Astana prepares to host an OSCE summit, the first in over a decade, Kazakhstan is standing on the threshold of another historical event, the 15th anniversary of its Constitution, on August 30.
On that day fifteen years ago, the people of Kazakhstan voted in a nationwide referendum overwhelmingly approving the new basic law aimed at ensuring dynamic political, social and economic development of the country.
Kazakhstan’s Constitution, based loosely on the French constitution and creating a presidential republic, set clear political and ideological standards, which after almost fifteen years of implementation proved their soundness.
The highest values for the Kazakh state, proclaimed by the Constitution, encompass human rights and freedoms, the rule of law, unanimity and separation of power, as well as the liberalization of political and economic activity. All these factors laid a solid foundation for the stability of Kazakhstan’s state system, which made it a worthy partner of the international community and largely contributed to the country’s being given the honour to chair the Organization for Security and Co-operation in Europe (OSCE) in 2010.
At the beginning of a new century, a different type of social and political situation emerged in Kazakhstan due to the continuous social development and the elimination of discrepancies inherited by a young independent state from the Soviet Union. It was characterized by significant economic growth, diversity of ownership patterns, expansion of the middle class, and the strengthening of political parties, mass media and non-governmental organizations. Owing to the substantial rise in political and legal consciousness of people, there appeared a basic framework of the modern civil society.
The Basic Law cannot stay socially stagnant and requires constant updating to meet the demands of the modern world. As a result, a number of amendments and additions were introduced in the Constitution in October 1998. The latter established the system of party-list elections, which promoted active participation of political parties in a gradual process of transition to democracy in Kazakhstan. Similarly, the changes shifted a some of the presidential powers to Parliament, and preceded the following introduction of participation of jurymen in criminal proceedings.
In response to the dynamic development of the country, President Nursultan Nazarbayev initiated a nation-wide dialogue on the future liberalization of society. As a result of these measures, Kazakhstan’s state functions underwent thorough examination and were redistributed between different levels of public authorities with an assignment of a substantial part of work to local bodies.
In 2002, Kazakhstan introduced the Human Rights Ombudsman. The activity of the Ombudsman is aimed at promoting human rights and good governance; enhancing the capacity of democratic institutions to be effective, sufficient and responsive in protecting the rights of citizens; and empowering citizens to be active and effective participants in the democratic process.
Likewise, some fundamental amendments have been made in the electoral law through the continuous involvement of OSCE experts, which enabled to hold experimental elections of akims, and provided better involvement of non-governmental organizations into the state activity. In 2006, the President approved the concepts aimed at extensive development of civil society, and raising competitiveness of media scene, which have been progressively implemented over the recent years.
In 2007, the Constitution underwent another round of reforms through the overwhelming votes in both houses of Parliament, further moving Kazakhstan along the path of creating a mixed presidential-parliamentary republic. In addition to redistribution of certain prerogatives from the president to the parliament, the amendments also shortened the presidential term of office from seven to five years. At the same, President Nursultan Nazarbayev was given an exemption from the two-term limit for a presidential incumbent, in recognition of his role in the establishment of an independent Kazakhstan.
In compliance with the constitutional reforms of 2007, changes were made in the laws dealing with the highest state authorities, judicial system and status of judges, political parties, mass media and a number of others. In the same year, early elections to Mazhilis were held by means of proportional election system meaning representatives of different political parties and the Assembly of Peoples of Kazakhstan were represented in the voting. Following the election results, additional guarantees were provided in 2009 to ensure representation of no less than two political parties in the Mazhilis of Kazakhstan.
The National Human Rights Action Plan (NHRAP) for 2009-2012, approved by the President last year, has already been put into force and gained wide recognition among international human rights organizations abroad.
Following the presidential decree issued on August 24, 2009, the Concept of Legal Policy for 2010-2020 has been adopted foreseeing the improvement of nearly seventeen branches of legislation. The strategic document, third of its kind, helps counteract the corruption, extremism, illegal drug and human trafficking, and money laundering.
Over the years of independence, Kazakhstan has accumulated a large experience in strategy and tactics of applying the Constitution. Major achievements made today reflect the commitment of Kazakhstan’s authorities to the idea of constitutionalism, solicitous attitude toward the Basic Law, and a vision of democratic institutions as a single set of measures destined to form and strengthen the civil society, maintaining the democratic, secular, and social state governed by the rule of law.
Thanks to its impressive economic development in the last 15 years and a prevailing social and political stability, Kazakhstan has stayed free from upheavals witnessed in several other post-Soviet nations in transit, including more recently in neighbouring Kyrgyzstan. Against this background, many experts believe the Constitution, adopted in 1995 and adapted in 1998 and 2007, has helped Kazakhstan stay on a path of sustainable and dynamic development.
