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Location: Kazakhstan
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Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The legal framework should be comprehensively reviewed to bring it more closely with OSCE commitments and other international obligations and standards, as well as to address past and present OSCE/ODIHR electoral assessments and recommendations. Reform should be undertaken with open and broad consultation with all relevant stakeholders, including civil society, well in advance of the next elections.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Electoral System and Legal Framework
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The law should be amended and clarified to effectively guarantee equitable representation of contesting political parties in election commissions, including by providing for a transparent appointment process with objective criteria devoid of political consideration and mandating that party representation be maintained when commissioners are replaced.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Administration
Kazakhstan
2019
Early election
EOM
Presidential
Restrictions in the legislation related to constitutionally guaranteed fundamental rights and freedoms should be lifted. Excessively wide formulations of such restrictions in the law should be avoided to ensure legal certainty and prevent arbitrary implementation of the law. Any limitation of rights should be result of a judicial process and proportional to the aim it seeks.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Kazakhstan
2019
Early election
EOM
Presidential
In an open consultation with all relevant stakeholders, a comprehensive review of the legal framework for elections should be undertaken to address identified gaps and inconsistencies. CEC regulations should adequately supplement the legal framework to ensure consistency in procedures implemented by lower-level commissions.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework and Electoral System
Kazakhstan
2021
LEOM
Parliamentary
elections
Law and public policy should ensure that citizens can exercise their civil and political rights without fear of retribution, punitive administrative actions or intimidation. Authorities should abstain from measures which have the effect of restricting rights and freedoms and ensure prompt and impartial investigation of any abuse.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Background and Political Context
Kazakhstan
2021
LEOM
Parliamentary
elections
The legal framework should be comprehensively revised to lift the restrictions on fundamental freedoms of peaceful assembly, expression and association, in line with OSCE commitments and other international obligations, and to address other long-standing ODIHR recommendations. The reform should be undertaken with open and meaningful consultation with all relevant stakeholders, well in advance of the next elections.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Legal Framework
Kazakhstan
2022
RAM
Referendum
The referendum legal framework should be reviewed in order to eliminate the shortcomings identified in this and previous ODIHR reports through an inclusive consultative process, in accordance with OSCE commitments and good electoral practice. In particular, the Referendum Law should be amended to adequately regulate the referendum campaign and campaign finance.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Kazakhstan
2022
Early election
EOM
Presidential
The electoral legal framework as well as legislation on the freedom of political and civic association, peaceful assembly and expression should be further reviewed to address outstanding ODIHR recommendations. The legal reform should be preceded by an open and inclusive consultation process well in advance of the next elections.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Kazakhstan
2022
Early election
EOM
Presidential
Provisions granting the institution of the president significant control over the electoral process, including unconditional prerogative to call early elections, should be reconsidered. In line with the principles of separation of powers, presidential decrees should be subject to judicial review.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The electoral legal framework as well as corresponding legal provisions related to freedom of association, peaceful assembly and expression should be further reviewed to ensure compliance with international human rights obligations and standards for democratic elections. State bodies and the election administration should implement the laws in a manner that ensures the effective exercise of fundamental freedoms.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
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