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Location: Kazakhstan
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Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To effectively respond to the right of access to information, authorities should proactively publish institutional information of public interest in the public domain. Access to such information should be provided promptly, effectively and practically, facilitating wide-ranging inquiries. Refusals to provide information should have clear justifications and be appealable. General limitations on public information should be clearly defined and not decided ad hoc.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
Consideration should be given to establishing an independent media regulator with a clear mandate, adhering to transparency and public accountability criteria. The system of appointing its members should ensure diversity of representation, prevent conflict of interests and guarantee independence.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
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
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
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