Kazakhstan’s new Constitution has strengthened democratic processes in the country

Kazakhstan's new Constitution has strengthened democratic processes in the country

ALMATY (UNA-OIC) – Since January 2022, Kazakhstan has embarked on a path of gradual and incremental reforms. President of Kazakhstan Kassym-Jomart Tokayev announced the modernization of the country’s political system and the “construction of a new Kazakhstan”.

The President of Kazakhstan outlined the goals of future reforms as moving away from the super-presidential form of government to a presidential republic with an “influential parliament and accountable government”. In accordance with this, the National Council of Public Trust consisting of representatives of civil society was established in the country. He also proclaimed the principle of the “listening state”, which simplifies all the bureaucratic delays and allows citizens to ask questions directly to the authorized bodies and quickly receive answers on all aspects of problems that concern them.

Kassym-Jomart Tokayev proposed to legislate the termination of the President’s membership in political parties for the period of his election, prohibit the closest relatives of the head of state from holding public and other high positions, adopt a mixed electoral system (70% of parliament on a proportional basis, 30% on a majoritarian basis), reduce the number of signatures for political party registration (from 20,000 to 5,000), establish Constitutional Court and ban the death penalty in the Constitution.

On June 5, 2022, according to the initiative of President Kassym-Jomart Tokayev, a nationwide republican referendum on making amendments to the Constitution was held in Kazakhstan. More than 68% of the citizens of Kazakhstan took part in this process and 77.18% of them voted for amendments.

Later, the Central Election Commission of Kazakhstan, summarizing the results of the referendum, announced the entry into force of the Law “On amendments and additions to the Constitution of the Republic of Kazakhstan”.

Citizens of Kazakhstan during the referendum voted not individually for each amendment to the Constitution, they voted for support for the introduction of changes in general, for the renewal of the country and for the course of modernization of the President of Kazakhstan. The amendments affected 33 articles – a third of the entire Constitution. The general logic of the amendments to the Constitution was aimed at building a balance between the institutions of power, moving away from the super-presidential form of government, transition to the classical model of the presidential republic and strengthening of constitutional mechanisms for the protection of human rights.

272 representatives from international organizations and foreign states, including 4 observers from the OIC, took part in the republican referendum as international observers. According to the observers’ assessments, the referendum was held in compliance with the requirements and norms of international law and the legislation of Kazakhstan. 

For more than 30 years of history in Kazakhstan, the procedure of nationwide voting on changing the Constitution has been used only once, in 1995. That was the year when the Constitution was adopted in the country.

President Kassym-Jomart Tokayev, after initiating a large-scale political modernization in the country, noted: “The issue of holding a referendum was comprehensively discussed in society and the media. Experts and civil activists expressed their opinions. All the proposals received broad support. These proposals were based on a longstanding demand from citizens for increased participation in government and the democratization of political processes. For its effective implementation, it was necessary to introduce amendments and additions to the Constitution.”

According to the opinions of many international observers and experts, the referendum has become a new historical stage in the democratic development of Kazakhstan. The reforms of the President of Kazakhstan have historical significance, which are aimed at a comprehensive transformation of the entire state model.

World experience shows that the practice of referendums remains the key form of expression of public opinion. That is why a significant part of the population of Kazakhstan demonstrated its civic position, strongly supporting the course towards the creation of the Second Republic.

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