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Kazakhstan
2015
Early election
EOM
Presidential
A comprehensive review of the current legal framework for elections and fundamental freedoms should be undertaken to bring legislation in line with OSCE commitments and other international obligations and standards and to address past and present OSCE/ODIHR recommendations. Reform should be undertaken in open consultation with all stakeholders.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Electoral System and Legal Framework
Kazakhstan
2015
Early election
EOM
Presidential
To enhance impartial election administration, steps should be taken, in law and practice, to guarantee the inclusive composition of election commissions at all levels. Consideration could be given to ensure proportionate representation of all political parties, including in leadership positions. The principle that one political party has one member in a commission should be adhered to.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Administration
Kazakhstan
2015
Early election
EOM
Presidential
Candidate eligibility requirements should be amended so as not to unduly limit the right of citizens to seek public office. Consideration should be given to removing the residency requirements and ensuring that any restrictions on the right to stand for those with criminal convictions are proportionate to the severity of the offence.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Candidate Registration
Kazakhstan
2015
Early election
EOM
Presidential
The authorities should develop safeguards to ensure a clear separation between the state and party, so as to prevent candidates from unduly using the advantage of their office for electoral purposes. It is recommended that party and campaign offices are not co-located in buildings with state institutions.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Campaign Finance
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Campaign
Kazakhstan
2015
Early election
EOM
Presidential
State authorities should refrain from any interference in the activities of media and journalists, between and during election periods. Media should be able to operate free from any intimidation or pressure, including excessive or arbitrary lawsuits and disproportionate administrative actions.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
Kazakhstan
2015
Early election
EOM
Presidential
Criminal defamation provisions should be repealed in favour of civil sanctions designed to restore the reputation harmed, rather than compensate the plaintiff or punish the defendant. Sanctions should be strictly proportionate to the harm caused and the use of non-pecuniary remedies should be prioritized.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
Kazakhstan
2015
Early election
EOM
Presidential
As previously recommended, measures should be taken to ensure unrestricted access of citizen and international observers to the entire electoral process, including voting, counting, and tabulation.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Election Observation
Kazakhstan
2015
Early election
EOM
Presidential
To enhance transparency and accountability, election results should be published disaggregated by district and polling station, including the number of registered voters and those how voted, as well as the number of votes cast for each candidate. This could be published on the CEC website and in the media.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Eleciton Day
Kazakhstan
2015
Early election
EOM
Presidential
Provisions granting the first President privileged legal status, including the exclusive and unrestricted right to call an early presidential election, should be reconsidered to ensure equality of all individuals before the law and to actively promote a level playing field for all candidates.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Electoral System and Legal Framework
Kazakhstan
2015
Early election
EOM
Presidential
CEC regulations should adequately supplement the legal framework to ensure consistency in procedures implemented by lower-level commissions.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Electoral System and Legal Framework
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