by Martin Jones
In the historically authoritarian landscape of post-Soviet Central Asia, the recent strides made by Kazakhstan in democratic reforms and human rights are drawing significant attention. This shift prompts an analysis of whether the region, with Kazakhstan as a focal point, is indeed turning a corner towards more democratic governance and respect for human rights.
In connection with World Human Rights Day on December 10, Kazakh President Kassym-Jomart Tokayev signed a significant Decree “On the Action Plan in the field of human rights and the rule of law” on December 8. The plan encompasses measures aimed at enhancing gender equality, combating domestic violence, and safeguarding citizens in the field of criminal justice. These measures are vital as they directly address some of the most pressing human rights issues in Kazakhstan, ensuring that all citizens, regardless of gender, are treated equally and protected from violence. It also addresses the prevention of torture and ill-treatment, the rights to freedom of association and work, and the rights of persons with disabilities. This broad scope is crucial for ensuring a comprehensive approach to human rights, recognizing the diverse needs and rights of all citizens. By aligning national laws with international human rights standards, the Decree demonstrates Kazakhstan’s commitment to global human rights norms and its readiness to foster a more inclusive, just, and law-abiding society.
Traditionally, the region’s Soviet past and its neighborhood of authoritarian regimes have been a significant hindrance to democratic aspirations. However, Kazakhstan’s recent reforms suggest a departure from this trend. It’s important to approach this analysis with a balanced view, recognizing both the progress made and the challenges that remain.
One of the most notable changes in Kazakhstan has been in the realm of democratic participation. The country has taken unique steps in Central Asia by introducing the direct election of district and city akims (mayors). This move democratizes local leadership and empowers citizens by giving them a direct voice in their governance. The adoption of a proportional-majoritarian model in the 2023 parliamentary elections has further enhanced the participation of independent and self-nominated candidates, leading to a more diverse and inclusive candidate pool in Parliament. This diversity is crucial for representing a broader spectrum of societal interests and viewpoints. Additionally, the increased role of the Parliament and local governments, along with the curtailment of presidential powers, signals a move towards a more balanced and representative governance structure, reducing the risk of centralized power and enhancing checks and balances.
Legislative reforms in Kazakhstan also speak volumes about its commitment to democratic principles. Lowering thresholds for political party representation, facilitating the emergence of new political parties, and enhancing parliamentary accountability reflect a shift towards a more open political environment. These reforms are essential for fostering a competitive political landscape and ensuring that a variety of political voices can be heard. Furthermore, the complete abolition of the death penalty and advancement in gender equality are fundamental in promoting human dignity and equal rights, essential components of a modern, democratic society.
In terms of constitutional and judicial reforms, the establishment of the Constitutional Court is significant in strengthening the judicial system. These reforms are critical in ensuring the rule of law and providing a check on other branches of government. The implementation of a three-tier model of pre-trial proceedings demonstrates a commitment to improving the criminal justice system. This is vital for ensuring fair legal processes and protecting the rights of the accused, thereby enhancing public trust in the legal system.
These reforms in Kazakhstan have broader implications, particularly in its international relations. The country’s progress opens avenues for deeper cooperation with Europe and the United States. As advocates of democratic norms and human rights, these Western entities could find a progressively democratic Kazakhstan to be a valuable partner in a strategically important region. Such collaboration could further aid Kazakhstan’s progress while offering the West a stable and progressively democratic ally.
Aligning with its recent reforms, Kazakhstan recently participated in the global dialogue on human rights at the event titled “Contribution of NHRIs to the implementation of the 2030 Agenda for Sustainable Development,” which was held on December 11 in Geneva. The event, co-organized by Kazakhstan’s National Centre for Human Rights and supported by international partners, focused on discussing the role of national human rights institutions in achieving sustainable development goals. Kazakhstan’s involvement in this event underscored its commitment to international human rights efforts and democratic reforms.
In conclusion, while it is too early to declare a complete democratic transformation in Central Asia, Kazakhstan’s recent reforms offer a glimmer of hope. The country seems to be charting a course away from its authoritarian legacy towards a future that respects democracy and human rights. This journey, if sustained, could position Kazakhstan as a regional leader and a potential model for other Central Asian countries. The global community’s watchful eye on the depth and persistence of Kazakhstan’s commitment to these reforms will be crucial in determining its role on the international stage.
Martin Jones is a senior lecturer in international human rights law.
