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Location: Kazakhstan
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Kazakhstan
2023
Early election
EOM
Parliamentary
elections
In line with international standards, websites may only be blocked based on objective and transparent criteria defined in law. Possible limitations should be content-specific, while general bans of entire websites should be avoided. Website owners and the general public should be informed when such blockings are implemented to have an effective opportunity to appeal to the court. An aggregated register of blocked websites should be publicly available.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Media
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To increase the transparency of election dispute resolution, the Central Election Commission should consider complaints in open sessions, and decisions and their reasoning should be made public.
Recommendation # in final report:
32
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
Additional efforts should be taken in practice to ensure transparency of adjudication of complaints by courts. Public access to court hearings should not be curtailed by undue administrative hurdles, such as lack of timely publication of schedules of hearings or pre-authorization of attendees.
Recommendation # in final report:
33
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The timeline for announcing election results should ensure that all legal possibilities for appeals are exhausted before the Central Election Commission announces the election results. The legal framework for post-election dispute resolution should explicitly provide an opportunity to challenge voting results protocols at all levels and provide for an effective remedy in the cases of an inaccurate establishment of results.
Recommendation # in final report:
34
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To ensure the election administration’s and judiciary’s independence, consideration should be given to limiting the powers of the prosecutor’s office within the election dispute resolution process and, specifically, restricting its participation in court proceedings in election-related cases.
Recommendation # in final report:
35
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
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
Authorities should consider further efforts to enable a fully genuine pluralistic and competitive political environment in conformity with Paragraphs 3 and 7.6 of the 1990 OSCE Copenhagen Document.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Background and Political Context
Kazakhstan
2022
RAM
Referendum
To enhance voters’ ability to make an informed choice, the state should provide impartial and balanced information on proposed amendments and their potential impact in a timely manner.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Referendum Administration
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
RAM
Referendum
To ensure an equitable campaign environment, lawmakers should develop strict campaign rules, including on the misuse of administrative resources and official positions, and introduce effective enforcement and sanctioning mechanisms.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Campaign and Campaign Finance
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