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Location: Kazakhstan
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Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To promote genuine political pluralism, authorities should ensure the right of individuals and groups to establish, without undue restrictions, new political parties. The procedural registration rules in the Law on Political Parties must provide for the effective exercise of freedom of association. Registration authorities must refrain from applying legal provisions in a manner that diminishes the transparency and objectivity of the registration processes and provide for the effective possibility to rectify omissions.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Party and Candidate Registration
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Criminal defamation provisions should be repealed in favour of civil sanctions designed to restore the reputation harmed, rather than compensate the plaintiff or punish the defendant.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
Consideration could be given to establishing an independent professional supervisory body which should be empowered to grant licenses in a publicly transparent manner and to oversee broadcast media outside and during electoral periods. This oversight should include monitoring based on a rigorous methodology able to reflect media compliance with the law. In addition, the body should be provided with an appropriate, proportionate and effective sanction mechanism.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Media
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, the authorities should consider amending the law to remove formulations that can prevent critical and vibrant public debate and be arbitrarily applied.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
Kazakhstan
2015
Early election
EOM
Presidential
The Election Law could be amended to encourage media to provide more diverse and analytical campaign information to voters. Formats of election coverage and decisions on paid election-related material should depend solely on the media’s own editorial policy.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Media
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
With a view to safeguard editorial independence, the legal framework could be revised to allow broadcasters to decide on the format and conditions of election-related programming and to achieve a better balance between the contestant-related information that is to be paid from the campaign fund and a comprehensive and meaningful election media reporting.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The obligation to organize pre-election debates could be placed on state-funded channels instead of the CEC. The legal framework should be amended to guarantee contestants additional free of charge coverage by the state-funded media to ensure a more level playing field and more substantial voter information.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Kazakhstan
2019
Early election
EOM
Presidential
Criminal defamation, insult and spreading of false information 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:
8
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Kazakhstan
2019
Early election
EOM
Presidential
Media outlets should be free to establish their own editorial policies. State authorities should refrain from any interference in the activities of media and journalists, between and during election periods. In order to establish a publicly accountable independent broadcaster, consideration could be given to transforming the state-owned broadcasters into a public service broadcaster.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
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