Kazakhstan draws criticism over proposed constitutional amendments News
US Mission in Geneva, Public domain, via Wikimedia Commons
Kazakhstan draws criticism over proposed constitutional amendments

Human Rights Watch (HRW) on Monday raised concerns over proposed constitutional amendments in Kazakhstan, warning that the reforms could significantly weaken fundamental human rights protections.  

HRW stated some of the proposed provisions would enable excessive and undue restrictions on freedom of expression, association and peaceful assembly. The draft restricts marriage to a “union between a man and a woman,” thereby entrenching discrimination against LGBT individuals, who already experience stigma and harassment in Kazakhstan.

The reforms also introduce limitations on the financing of political parties and trade unions by foreign international organizations, which HRW argued could unjustifiably restrict legitimate civil society activity and interfere with freedom of association.

The proposed amendments form part of a broader constitutional reform initiative advanced by President Kassym-Jomart Tokayev. Authorities have framed the initiative as a modernization effort aimed at improving governance and state efficiency. 

The Constitutional Commission published the final draft of the new Constitution on February 12. The draft Constitution, which consists of 96 articles, focuses on Kazakhstan’s constitutional order, human rights, state institutions and procedures for constitutional amendments. Some provisions include abolishing the death penalty, affirming freedom of religion and protecting privacy and digital rights.  

The draft constitution will be put to a vote in a referendum on March 15. The new Constitution, if adopted, will take effect on July 1.

Articles 17 to 22 of the International Covenant on Civil and Political Rights (ICCPR) set out fundamental freedoms to be enjoyed free of unjustified interference, such as the right to peaceful assembly and freedom of expression. As a state party to the ICCPR, Kazakhstan is obligated to ensure that any restrictions on these rights are lawful, necessary and proportionate. The proposed amendments are in direct tension with its international human rights commitment.  

Kazakhstan has been subjected to international scrutiny in recent months over reports of the detention of independent journalists and restrictions on discussions of LGBTQ+ issues.   

THIS DAY @ LAW

Kosovo declares independence from Serbia

On February 17, 2008 the Assembly of Kosovo declared independence from Serbia. While Serbia denounced the declaration as illegal, the international community has remained divided on this issue. Several nations including the United States, United Kingdom, France, Taiwan, and Turkey have recognized Kosovo's independence, but others such as Russia maintain that the declaration violates international law. The majority of countries and international organizations, including the UN, have yet to take a position on the legality of Kosovo's independence. The Constitution of the Republic of Kosovo went into effect on June 15, 2008. Read the Kosovo Declaration of Independence.

US Supreme Court ruled on equal Congressional districts

On February 17, 1964, the United States Supreme Court ruled in Wesberry v. Sanders that congressional districts within each state had to be roughly equal in population. Learn more about Congressional redistricting from the Brennan Center for Justice.