A/HRC/13/23/Add.1
interaction between Government and civil society in the field of interethnic relations and
assists Government in combating extremism.
20.
In May 2007, Parliament amended the Constitution to give the Assembly
constitutional status. It adopted the Law on the Assembly of the People of Kazakhstan in
October 2008 which established that nine deputies in the Majilis would be appointed from
the Assembly, in addition to the normally elected representatives.6 This system is intended
to provide a more equitable ethnic distribution in Parliament and to empower ethnic
minorities that may otherwise not have the ability to elect or nominate members of their
ethnic group. Still, both houses remain predominantly Kazakh; only 10 of 47 senators are
non-Kazakh, while only 24 of the 107 members of the Majilis are non-Kazakh.7
21.
The Government promotes the Assembly as a unique body with the authority to
consider issues related to minorities. It is an umbrella structure that unites under its aegis 23
national and more than 470 regional ethnic-cultural organizations from almost every region.
The Assembly meets only once a year but has a permanent secretariat. Some civil society
sources dispute the representative nature and scope of powers provided to the Assembly.
The Government takes great pride in the Assembly of the People as a unique institution at
the centre of Kazakhstan’s democracy, “with inter-ethnic consent remaining a pillar of
democratic constitutionalism, rule of law, respect for human rights and freedom”.8
22.
A State Commission on Democracy was established in 2006 to provide a forum for
dialogue comprising representatives of Parliament, political parties, non-governmental
organizations and the media. In 2007, it produced recommendations on enhancing the role
of Parliament, political parties, civil society, local governance and media, and for fulfilling
the potential of the Constitution. A working group made recommendations on amending the
Constitution, resulting in reforms that include the reduction of future presidential terms
from seven to five years as of 2012. President Nazarbayev, who has been in power since
1989, however, is allowed to run for unlimited terms and to retain control of key
institutions, effectively giving him lifetime powers and privileges. In response to
international concerns, the Constitution was also amended to guarantee representation of at
least two parties in Parliament. In the event that only one party passes the 7 per cent
threshold, the party gaining the next largest percentage of votes will be given mandates in
proportion to the votes received. The National Human Rights Action Plan recommends that
the election law be further amended to lower the electoral threshold for seats in Parliament
from 7 to 5 per cent of the vote.9
23.
Kazakhstan continued its cooperation with the OSCE Office for Democratic
Institutions and Human Rights regarding electoral reform, notably in the context of its
chairmanship of OSCE in 2010. The undertakings made by the Government include
reforming the law on elections and liberalizing the registration requirements for political
parties. The “Road to Europe” programme is also highlighted as demonstrating its
commitment to democratization and political modernization, to accelerate the transition to
Western democratic standards and values.10
6
7
8
9
10
8
According to the Law, the election of the nine deputies to the Mazhilis is based on a secret ballot and
is the exclusive right of the Assembly.
United States Department of State, Country Report on Human Rights Practices: Kazakhstan, 11
March 2008, http://kazakhstan.usembassy.gov/hrr2007.html (last visited 13 March 2009).
“The Assembly of the People of Kazakhstan” memorandum by the Government of Kazakhstan, annex
to letter of 5 June 2009 to the OSCE High Commissioner on National Minorities.
See http://kazakhstan.usembassy.gov/st-05-12-09.html.
See the website of the Embassy of Kazakhstan at www.kazakhembus.com/index.php?page=moderndemocratization.
GE.10-10602