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Location: Kazakhstan
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
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
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
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
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
2023
Early election
EOM
Parliamentary
elections
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
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
2016
Early election
EOM
Parliamentary
elections
The legislation should be revised to ensure that all seats in at least one chamber of the parliament are freely contested in a popular vote, as provided for by the OSCE commitments, also with a view to fully protect the equality of the vote.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Electoral System and Legal Framework
Kazakhstan
2019
Early election
EOM
Presidential
To enhance independence and impartiality of the election administration, the Election Law should be amended to guarantee an inclusive and broad representation of political parties in election commissions at all levels. The principle that one political party has one member in a commission should be adhered to, and the distribution of leadership positions in the PECs and TECs should be reconsidered.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Administration
Kazakhstan
2021
LEOM
Parliamentary
elections
The legislative requirements and onerous administrative procedures for the registration of political parties should be comprehensively revised in order to respect and encourage pluralism and freedom of association. Registration of political parties should be carried out objectively, transparently and be subject to effective judicial control.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Candidate Registration
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
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
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
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
The blanket withdrawal of voting rights of citizens serving prison sentences should be revised to ensure proportionality between the limitation imposed and the severity of the offense committed. The norms disenfranchising persons with disabilities shall be abolished to ensure universal suffrage.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
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
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
Kazakhstan
2022
Early election
EOM
Presidential
Restrictions on candidacy based on residency, citizenship by birth, language proficiency, professional experience, criminal records, disabilities and affiliation to a political party and other organizations should be reviewed in line with OSCE commitments, international standards and good practice.
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 evaluated
Final report heading:
Candidate Registration
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The system of appointment and dismissal of election commissioners should ensure their effective independence from the state institutions, local bodies and political parties.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
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
2016
Early election
EOM
Parliamentary
elections
Consideration could be given to creating a centralized and streamlined system between the relevant institutions to directly exchange and correct data in the nationwide voter register in a timely manner.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Voter Registration
Kazakhstan
2019
Early election
EOM
Presidential
To safeguard the integrity of the voter register, election day registration should not be permitted at polling stations. To prevent multiple voting, voters registered in special polling stations should be excluded from the voter lists of the polling stations of their residence, and issuance of Absentee Voting Certificates should be conditional and subject to a post-election audit.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
Kazakhstan
2021
LEOM
Parliamentary
elections
The authorities, including the Central Election Commission, should abstain from restrictive interpretation and inconsistent implementation of the rules of participation of observers in the electoral process. Any such rules should be clear, announced in a timely manner and non-discriminatory.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Election Observation
Kazakhstan
2022
RAM
Referendum
The legal framework should set comprehensive rules for financing the referendum campaign, including on the use of private and public funding, and requirements for reporting, auditing and sanctions for violations. The use of public funds by authorities for campaigning for a particular choice should be prohibited.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Referendum Campaign and Campaign Finance
Kazakhstan
2022
Early election
EOM
Presidential
To comply fully with international standards, the Law on Peaceful Assemblies should be revised and implemented in a manner which ensures a meaningful exercise of the right to peaceful assemblies, including those of a political nature and during elections. Legal requirements for the notification of holding public events should be further revised to facilitate holding of peaceful assemblies.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
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
2016
Early election
EOM
Parliamentary
elections
Consideration should be given to adopting temporary special measures to enhance participation of women.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Candidate Registration
Kazakhstan
2019
Early election
EOM
Presidential
Consideration should be given to removing the residency, language and professional experience requirements for candidate eligibility 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:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Kazakhstan
2021
LEOM
Parliamentary
elections
Restrictions in the legislation of the constitutionally guaranteed right to freedom of expression, including related to defamation and the incitement to hatred, should be in strict conformity with the principles of legality, legitimacy and proportionality.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Kazakhstan
2022
RAM
Referendum
Consideration should be given to revising the rules for the appointment of referendum (election) commissioners at all levels so as to ensure the independence and impartiality of the commissions as well as broad public confidence in their work. The commissions should work in a manner excluding any perceptions of political affiliation or bias.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Referendum Administration
Kazakhstan
2022
Early election
EOM
Presidential
The authorities should ensure that political and electoral stakeholders are able to exercise their constitutionally guaranteed civil and political rights without unnecessary and disproportionate limitations, such as preventive detention and arbitrary administrative arrests and fines.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To comply fully with international standards, the Law on Peaceful Assemblies should be revised and implemented to ensure a meaningful exercise of the right to peaceful assemblies, including those of a political nature and during elections. The notification mechanism for holding public events should be further revised to better facilitate peaceful assemblies, with denial being an exceptional measure.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
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
2016
Early election
EOM
Parliamentary
elections
Independent candidates should be allowed to stand for parliamentary elections.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Candidate Registration
Kazakhstan
2019
Early election
EOM
Presidential
The Law on Peaceful Assemblies should be amended to require a simple notification procedure for holding a public gathering, instead of the current authorization requirement.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Campaign
Kazakhstan
2021
LEOM
Parliamentary
elections
To ensure integrity of election results, uniform provisions and procedural safeguards should be adhered to during the counting and tabulation processes in full view of observers. To enhance transparency and accountability, election results should be published disaggregated by district and polling station.
Recommendation # in final report:
6
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:
2023
Final report heading:
Election Day
Kazakhstan
2022
RAM
Referendum
To ensure a level playing field, the legal framework should introduce requirements of balanced coverage of referendum options, guarantee access of referendum proposal’s supporters and opponents on equal grounds by state-funded media, as well as equal advertising access to privately owned media.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Coverage of the Referendum Campaign
Kazakhstan
2022
Early election
EOM
Presidential
The mechanism for the appointment of election commissioners at all levels should be revised to ensure the independence and impartiality of the commissions and build public confidence in their work. The commissions should work in a manner excluding any perceptions of political affiliation or bias.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The media legal framework should be reviewed to guarantee and support freedom of expression in line with international standards. The criminal prosecution for libel and dissemination of knowingly false information, as well as laws that provide special protection of the honour of public officials should be fully repealed.
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 evaluated
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
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
2019
Early election
EOM
Presidential
The authorities should develop safeguards to ensure a clear separation between state and party and ensure that election campaigning is conducted in an atmosphere free from intimidation and fear of retribution. The authorities and political parties should refrain from coercing public-sector employees, students and others to attend campaign events.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Campaign
Kazakhstan
2021
LEOM
Parliamentary
elections
To increase the pluralism and representativeness of the parliament, consideration could be given to lowering the seven per cent threshold for parties to qualify for seat allocation.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Electoral system
Kazakhstan
2022
RAM
Referendum
The Central Referendum Commission should publish a full set of comprehensive referendum results disaggregated per polling station, district and region, in order to ensure transparency and provide a safeguard for the integrity of results. The Commission should publish such data on its website immediately after submission of polling station voting results protocols.
Recommendation # in final report:
7
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:
2023
Final report heading:
Referendum and Post-Referendum Developments
Kazakhstan
2022
Early election
EOM
Presidential
Effective measures should be taken to increase the transparency and integrity of the counting and tabulation process and instil public confidence in the accuracy of the results. Robust safeguards should be introduced to ensure that members of Precinct and Territorial Election Commissions follow procedures in a clear and consistent manner, on time and uninterrupted.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Day
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To provide for the effective implementation of OSCE commitments, measures should be taken to ensure unrestricted access by citizen and international observers to the entire electoral process, including a clear view of all procedures during voting, counting and tabulation of voting results.
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:
Not evaluated
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
2016
Early election
EOM
Parliamentary
elections
The law should guarantee citizen observers the right to observe the entire electoral process and clearly stipulate that all observers be entitled to TEC and REC results protocols with detailed summary tables.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Observation
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
2021
LEOM
Parliamentary
elections
The legislation should be revised to ensure that all seats in at least one chamber of the parliament are freely contested in a popular vote. In view of the personal character of a parliamentary mandate, deputies should be allowed to change parties or become independent if they so choose.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Electoral system
Kazakhstan
2022
RAM
Referendum
Precinct commissions should be provided with comprehensive training and clear written instructions indicating step-by-step counting procedures.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Referendum Administration
Kazakhstan
2022
Early election
EOM
Presidential
To provide for the effective implementation of OSCE commitments, measures should be taken to ensure unrestricted access of citizen and international observers to the entire electoral process, including a clear view of all procedures during voting, counting and tabulation.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Day
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To enhance transparency, strengthen accountability and safeguard the integrity of election results, the Central Election Commission should publish voting results on its website, disaggregated by polling station and district levels, in accessible formats, as they become available.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election 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
2016
Early election
EOM
Parliamentary
elections
To ensure access to an effective remedy for all participants in the process, the Election Law should require that all matters of a dispute nature be treated as a complaint and explicitly set out procedures for the consideration of complaints and require that all disputes be reviewed in a collegial manner and that decisions be written, reasoned and made public.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Kazakhstan
2019
Early election
EOM
Presidential
The Election Law should be amended to allow all electoral contenders and voters to directly appeal the results before a court. The law shall establish clear conditions for invalidation of election results.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Kazakhstan
2021
LEOM
Parliamentary
elections
To increase transparency and accountability, the Central Election Commission should publish information of public interest, including all its decisions, detailed data on candidates, disaggregated voting results and other key electoral data, in a form that enables easy and prompt access. Consideration should be given to making these data available in formats accessible to different groups of persons with disabilities.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Election administration
Kazakhstan
2022
RAM
Referendum
The tabulation of results should be transparent at all levels and open to unhindered access by observers.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Referendum Administration
Kazakhstan
2022
Early election
EOM
Presidential
To ensure the effective exercise of freedom of expression, any restrictions on the operation of websites, blogs and other Internet-based resources should be based on objective and transparent criteria, clearly defined in law, subject to judicial oversight and conform to the strict tests of necessity and proportionality. Possible limitations should be content-specific, while general bans of whole websites should be avoided.
Recommendation # in final report:
9
Type of recommendation:
Priority
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
Consideration should be given to introducing legal safeguards that prevent members of the Majilis from being deprived of their mandates by political parties.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
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
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
Effective measures should be taken to prevent serious violations in order to improve the integrity of the voting, counting and tabulation process and guarantee the equality of the vote.
Recommendation # in final report:
10
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:
2022
Final report heading:
Election Day
Kazakhstan
2019
Early election
EOM
Presidential
To enhance transparency and safeguard the integrity of election results, the CEC should publish PEC protocols on its website, disaggregated by polling station, for each territorial unit.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day
Kazakhstan
2021
LEOM
Parliamentary
elections
The important measures to guarantee unimpeded access of persons with disabilities taken by the Central Election Commission should be continued. Awareness training for polling officials as well as targeted voter education could increase the participation of persons with disabilities in the electoral process.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Election administration
Kazakhstan
2022
RAM
Referendum
The blanket deprivation of suffrage rights of citizens serving prison sentences and the restrictions on the basis of legal capacity should be revised in line with international obligations.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter Registration
Kazakhstan
2022
Early election
EOM
Presidential
To enhance transparency and safeguard the integrity of election results, the Central Election Commission should publish voting results on its website, disaggregated by polling station and for each territorial unit.
Recommendation # in final report:
10
Type of recommendation:
Priority
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Post-Election Day Developments
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To ensure the equality of the vote, the boundaries of single-mandate electoral districts should be reviewed periodically and well in advance of the next elections, in an open and consultative manner.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Legal Framework and Electoral System
Kazakhstan
2015
Early election
EOM
Presidential
Measures to increase the independence of election commissions should be taken, particularly to address potential conflict of interests when hierarchical employment relations are replicated in the composition of PECs.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Election Administration
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The system by which seats are allocated to the candidates on the party lists could be revised to ensure that voters have sufficient information about who will represent the political party they choose.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Electoral System and Legal Framework
Kazakhstan
2019
Early election
EOM
Presidential
The timeline for announcing election results should ensure that all legal possibilities for appeals are exhausted before the CEC officially registers the winner.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Kazakhstan
2021
LEOM
Parliamentary
elections
The blanket deprivation of suffrage rights of citizens serving prison sentences and the restrictions on the basis of legal capacity for voting and standing for election should be reviewed in line with international standards and obligations.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Voter registration
Kazakhstan
2022
RAM
Referendum
Efforts to improve the accuracy of the voter register and voter lists should continue by means of effective mechanisms of correcting potential mistakes, including duplicate entries.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
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
To enhance the transparency of the process, preparatory meetings of the Central Election Commission should be open to the public, and sessions of lower-level commissions should be announced well in advance to facilitate public attendance. Agendas and minutes of such sessions should be published in a timely manner.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Kazakhstan
2015
Early election
EOM
Presidential
To improve uniform application of procedures and enhance the transparency of the work of the election administration, the CEC should exercise its supervisory role by, amongst other things, further developing its regulations, providing practical training programmes, and standardizing the collection of data from lower level commissions.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Election Administration
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
Measures to safeguard the independence of election commissions could be taken, particularly to address potential conflict of interests when hierarchical employment relations are replicated in the composition of PECs.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Administration
Kazakhstan
2019
Early election
EOM
Presidential
To promote political pluralism ahead of elections and facilitate registration of political parties, membership requirements for registration of political parties should be revised in the Law on Political Parties.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Background and Political Context
Kazakhstan
2021
LEOM
Parliamentary
elections
Efforts to improve the accuracy of voter lists should continue. An effective data exchange between election commissions and akimats should enable timely correction of records in the voter lists during a given electoral period.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter registration
Kazakhstan
2022
RAM
Referendum
Criminal provisions restricting the freedom of expression offline and online, including those related to insult and spreading of false information, should be repealed in favour of proportionate civil remedies designed to restore the reputation harmed. The use of non-pecuniary remedies should be prioritized.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Kazakhstan
2022
Early election
EOM
Presidential
In line with the principle of transparency, the election administration at lower levels should consider opening their sessions to the public, political parties and the media and publishing the draft agendas in advance of relevant sessions.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The Central Election Commission should continue its positive efforts and implement comprehensive education programmes for different groups of electoral stakeholders, including minority groups, young voters and voters with disabilities. In particular, it should cover such topics as the importance of voting by secret ballot and existing campaign and campaign finance regulations.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Kazakhstan
2015
Early election
EOM
Presidential
The blanket withdrawal of suffrage rights of citizens serving prison terms regardless of the severity of the crime committed should be reconsidered to ensure proportionality between the limitation imposed and the severity of the offense committed. The blanket restrictions on the suffrage rights of persons declared mentally incompetent should be removed or decided on a case-by-case basis, depending on specific circumstances.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The restriction of suffrage rights of citizens serving prison terms regardless of the severity of the crime committed should be reconsidered to ensure proportionality between the limitation imposed and the severity of the offense. Disenfranchisement of persons with mental disabilities should not be based on the blanket restriction but rather on a case-by-case consideration by the court, depending on specific circumstances.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
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
In order to strengthen the integrity of voter registration, supplementary registration of voters on election day should only be permitted in accordance with clearly defined legal rules, subject to judicial or administrative control, with effective safeguards against multiple registrations.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter registration
Kazakhstan
2022
RAM
Referendum
The legislation should clearly specify jurisdiction over referendum results-related appeals and ensure the right to effective remedy.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Kazakhstan
2022
Early election
EOM
Presidential
The blanket deprivation of suffrage rights of citizens serving a prison sentence and the restrictions on the basis of legal capacity should be reviewed in line with international obligations.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The authorities should continue their efforts, in co-operation with relevant stakeholders, to ensure the participation of people with disabilities in the electoral process and secure independent access to polling stations during election day.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Kazakhstan
2015
Early election
EOM
Presidential
Detailed regulations on the use and control of AVCs should be developed to enhance transparency and safeguard against potential abuse. Accountability for the printing, distribution and use of AVCs could be enhanced, possibly through the introduction of serial numbers on AVCs. These numbers should be recorded by PECs in the result protocols and checked.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Voter Rights and Registration
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
To enable authorities to reflect changes in the voter register, consideration should be given to delivering final voter lists to polling stations closer to election day.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2022
Final report heading:
Voter Registration
Kazakhstan
2019
Early election
EOM
Presidential
To increase transparency and accountability, the CEC should be tasked to publish online, and in accessible format, the summary and breakdown of all relevant election information.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Kazakhstan
2021
LEOM
Parliamentary
elections
Independent candidates should be allowed to stand for parliamentary elections. Restrictions on candidacy based on residency and criminal records should be reviewed in line with international standards and good practice.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Candidate registration
Kazakhstan
2022
Early election
EOM
Presidential
The legal framework should be amended to provide sufficient time to collect signatures for candidate registration and to ensure a clear, objective and transparent signature verification process.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
Members of precinct election commissions should ensure at all times the protection of all aspects of the secrecy of the vote.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Kazakhstan
2015
Early election
EOM
Presidential
The Election Law should be amended to harmonize the timeline between the finalization of special voter lists and the distribution of ballot papers.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
Consideration could be given to removing the possibility for voters to register on election day. A legal deadline for closing voter lists could be introduced, with additional entries permitted only in accordance with clearly defined legal requirements, subject to judicial control.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
Kazakhstan
2019
Early election
EOM
Presidential
The voter registration system could be further improved through the use of permanent, electronic voter register managed and maintained by one institution. Detailed and uniform procedures for compiling and updating the register should be in place and be consistently applied.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Voter Registration
Kazakhstan
2021
LEOM
Parliamentary
elections
Further measures to enhance women’s participation in political life should be considered. To ensure the effective increase of women among members of parliament, an efficient gender quota system should be applied both to candidate lists and the allocation of mandates.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Candidate registration
Kazakhstan
2022
Early election
EOM
Presidential
The Central Election Commission should be granted a legal mandate and resources to effectively monitor and investigate campaign finance operations. Campaign finance and audit reports should be published in a timely and detailed manner.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To ensure the integrity of the results, election commissions should receive adequate training, and procedural safeguards should be strictly adhered to during counting and tabulation processes in full view of observers.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Kazakhstan
2015
Early election
EOM
Presidential
In line with good practice, consideration could be given to removing the possibility for voters to register on election day to avoid the possibility of multiple registrations. A legal deadline for closing voter lists could be introduced, with additional entries permitted only in accordance with clearly defined legal requirements, subject to judicial control.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
To facilitate voters’ informed choice, consideration should be given to providing additional information to the general public on the candidates in the party lists.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Candidate Registration
Kazakhstan
2019
Early election
EOM
Presidential
Independent candidates should be allowed to stand for presidential elections.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Kazakhstan
2021
LEOM
Parliamentary
elections
The Election Law should be revised to guarantee that candidate deregistration and invalidation of election results are exceptional measures applied in case of gross violations of legislation as determined by a court. Applying such measures should always respect the principle of proportionality and be based on clear legal grounds
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate registration
Kazakhstan
2022
Early election
EOM
Presidential
To increase the transparency of campaign finance and accountability for financial violations, the regulatory framework should prescribe proportionate and dissuasive sanctions for violations.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
Blanket deprivation of suffrage rights of citizens serving a prison sentence and restrictions based on legal capacity should be reviewed in line with international obligations.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Kazakhstan
2015
Early election
EOM
Presidential
In line with previous OSCE/ODIHR recommendations, the CEC should ensure a centralized cross-checking mechanism to ensure that each voter is registered at only one polling station before and on election day. Uniform procedures for compiling data for voter registration need to be detailed and consistently implemented. In particular, it is important to incorporate mechanisms that ensure that voters registered at special polling stations are excluded from the voter lists of the polling stations of their residence.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Voter Registration
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The Law on Peaceful Assemblies should be amended to require a simple notification procedure, with appropriate exceptions for spontaneous assemblies, instead of the current authorization requirement.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Campaign
Kazakhstan
2019
Early election
EOM
Presidential
The legal framework should be amended to establish clear, objective and reasonable criteria for candidate registration, including the regulation on verification of supporting signatures and, if retained, the evaluation of language fluency. Consideration could be given to opt for a single guarantee condition.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Candidate Registration
Kazakhstan
2021
LEOM
Parliamentary
elections
To comply fully with international standards, the Law on Peaceful Assemblies should be revised and implemented in a manner which facilitates the exercise of the right of all people to peaceful assembly.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election campaign
Kazakhstan
2022
Early election
EOM
Presidential
The media legal framework should be reviewed to guarantee and support freedom of expression, offline and online, in line with international standards. The criminal prosecution for libel and dissemination of knowingly false information should be fully repealed.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
Restrictions on candidacy based on residency should be reviewed in line with international standards and good practice.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Kazakhstan
2015
Early election
EOM
Presidential
The legal framework should be amended to establish clear, objective and reasonable criteria for candidate registration. This includes the verification of supporting signatures and the evaluation of language fluency. The timelines for the candidate registration process should be revised, in order to ensure that all nominees enjoy equal opportunities, regardless of their nomination date.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Candidate Registration
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
To enhance the integrity and public confidence in the electoral process, authorities should develop safeguards to ensure a clear separation between the state and party.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Campaign
Kazakhstan
2019
Early election
EOM
Presidential
Political parties should facilitate women’s political advancement at all levels of decision making and integrate gender issues into their platforms.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Campaign
Kazakhstan
2021
LEOM
Parliamentary
elections
To promote grassroots party-building and prevent undue influence by private donors and political corruption, consideration could be given to establishing individual caps on private donations to political parties for regular activities and campaigns.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Campaign finance
Kazakhstan
2022
Early election
EOM
Presidential
Information on ownership and sources of funding of media outlets should be publicly disclosed. To support a diverse media landscape and to enhance editorial independence, the allocation of government subsidies and advertising should be transparent.
Recommendation # in final report:
18
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 lowering the election deposit and expanding the terms for its refund.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Kazakhstan
2015
Early election
EOM
Presidential
Consideration should be given to amend the law to stipulate that a candidate may be deregistered only for serious violations, clearly defined by the law.
Recommendation # in final report:
19
Type of recommendation:
Other
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
2016
Early election
EOM
Parliamentary
elections
To enhance transparency, detailed and standardized campaign finance reports could be considered, including full data on the sources of funding and the expenditures. Such reports should be publicly available and posted on the CEC website
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Campaign Finance
Kazakhstan
2019
Early election
EOM
Presidential
The law should include clear reporting and auditing procedures for campaign finance, including from public funds. Submission and publication of candidates’ interim finance reports before election day should be required in order to provide for accountability. To enhance transparency, the law should mandate that detailed financial reports are submitted and published in a timely fashion.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign Finance
Kazakhstan
2021
LEOM
Parliamentary
elections
To enhance transparency, detailed campaign finance reports should be published, including data on the sources of funding and itemized expenditures.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Campaign finance
Kazakhstan
2022
Early election
EOM
Presidential
To effectively respond to the right of access to information and facilitate voters’ informed choice, authorities should proactively publish institutional information of public interest in the public domain. Access to such information should be provided in an easy, prompt, effective and practical manner, facilitating a wide range of inquiries.
Recommendation # in final report:
19
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
To ensure legal certainty of a candidate’s status, the verification of all documents required by law should be completed before the candidate registration deadline. In line with international good practice, law and practice should ensure the meaningful possibility for corrections of omissions in nomination documents by contestants.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Kazakhstan
2015
Early election
EOM
Presidential
Efforts should be made to ensure that voters are able to cast their vote “free of fear of retribution”. Senior public officials could make clear statements that no pressure on public employees will be tolerated and that no citizen should fear for their employment or social benefits as a result of supporting or not supporting any political party or candidate.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Campaign
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
To ensure legal certainty, the criteria for application of campaign finance sanctions, as stipulated under different laws, should be clarified, as well as the authority to apply such sanctions.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign Finance
Kazakhstan
2021
LEOM
Parliamentary
elections
Campaign finance contributions and expenditures should be subject to a comprehensive scrutiny by the Central Election Commission that should be granted a legal mandate and resources to conduct substantive investigations upon campaign finances.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign finance
Kazakhstan
2022
Early election
EOM
Presidential
Considerations should be given to applying the principle of equitable coverage instead of the rule on equal coverage in news and analytical programmes. The campaign should be covered in an impartial and balanced manner to provide more diverse and analytical information to voters.
Recommendation # in final report:
20
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
The Election Law should be revised to guarantee that candidate deregistration is applied in line with the principle of proportionality and only in extraordinary circumstances, which should be clearly and exhaustively defined in law.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Kazakhstan
2015
Early election
EOM
Presidential
In order to promote an open campaign environment and in line with the previous OSCE/ODIHR recommendations, the Law on Peaceful Assemblies should be amended to require a simple notification procedure, with appropriate exceptions for spontaneous assemblies, instead of the current authorization requirement.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Election Campaign
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
Consideration could be given to amending the legal framework so as to provide for the collection and limited sharing of disaggregated data on ethnic origin of all election candidates and election administration members, while respecting non-discrimination and privacy principles.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Participation of National Minorities
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
Kazakhstan
2021
LEOM
Parliamentary
elections
Information on ownership and sources of funding of media outlets should be publicly disclosed. To support a diverse media landscape and to enhance editorial autonomy, the allocation of government subsidies and advertising should be transparent.
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
Kazakhstan
2022
Early election
EOM
Presidential
The Central Election Commission should consider complaints in public sessions and issue reasoned decisions. Consideration should be given to increasing transparency of election dispute resolution by making complaints and relevant responses public in a timely manner.
Recommendation # in final report:
21
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
Further measures to enhance women’s participation in political life should be considered. Particularly, in line with CEDAW recommendations, the authorities should consider introducing incentives for political parties to promote women in the party’s senior positions and governing bodies and for increasing the number of women candidates in elections. To enhance the representation of women in the parliament, an efficient gender quota should be applied both to candidate lists and the allocation of mandates.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Participation of Women
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
Kazakhstan
2015
Early election
EOM
Presidential
Consideration should be given to adjust campaign finance rules so that all candidates are subject to the same contribution limits as a means to level the playing field between independent candidates and those nominated by parties or other public associations.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
No longer valid
Status of implementation:
Not evaluated
Year of assessment:
2019
Final report heading:
Campaign Finance
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
The Election Law should be amended to allow voters to directly appeal the election results in their constituency and all electoral contenders to appeal the final results with the Constitutional Council.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Kazakhstan
2019
Early election
EOM
Presidential
Restrictions on access to websites and other internet-based resources should be subject of judicial oversight. The judicial review of any proposed restrictions should be public, including the decisions and the full list of blocked websites.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Kazakhstan
2021
LEOM
Parliamentary
elections
To ensure the effective exercise of freedom of expression, any restrictions on the operation of websites, blogs and other Internet-based resources should be transparent, clearly defined by law, subject to judicial oversight and conform to the strict tests of necessity and proportionality.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Kazakhstan
2022
Early election
EOM
Presidential
Consideration should be given to limiting the participation of public prosecutors in court hearings of election disputes only to criminal cases.
Recommendation # in final report:
22
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 fair treatment for all parties and candidates, state authorities should further facilitate bank account access in an equal and timely manner.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Kazakhstan
2015
Early election
EOM
Presidential
Consideration could be given to requiring the submission and publication of interim finance reports before election day to inform voters of the financing of campaigns prior to casting their vote.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Campaign Finance
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
As a confidence building measure, the transparency of the dispute resolution process should be enhanced through the timely publication of information on complaints received by election commissions at all levels, their nature and resolution.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Kazakhstan
2019
Early election
EOM
Presidential
Consideration could be given to establishing an independent media oversight body mandated to conduct media monitoring. The methodology and the results of such monitoring should be made public.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Media
Kazakhstan
2021
LEOM
Parliamentary
elections
The legal framework for complaints and appeals should be reviewed to eliminate ambiguities and to provide for a consolidated procedural base and due process safeguards for the resolution of election disputes at election commissions of all levels.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Complaints and appeals
Kazakhstan
2022
Early election
EOM
Presidential
The Election Law should be amended to explicitly provide for the right of electoral stakeholders to file complaints against election results at all levels. It should also clearly specify jurisdiction over such complaints and set objective criteria for a potential invalidation of election results.
Recommendation # in final report:
23
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 equal campaign opportunities, all majoritarian candidates should have effective and timely access to public subsidies as provided by law.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Kazakhstan
2015
Early election
EOM
Presidential
Campaign finance rules could be strengthened by providing more clearly defined and proportionate sanctions for established violations.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Campaign Finance
Kazakhstan
2016
Early election
EOM
Parliamentary
elections
As previously recommended , to enhance transparency and confidence, election results should be published disaggregated by district and polling station, including the number of registered voters and those who voted, as well as the number of votes cast for each party. The CEC could publish such data on its website immediately after submission of PEC protocols.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Day
Kazakhstan
2019
Early election
EOM
Presidential
The media should be required to report on the incumbent and the authorities in a balanced manner. 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:
24
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
Kazakhstan
2021
LEOM
Parliamentary
elections
The Election Law should be amended to explicitly provide for the right of electoral stakeholders to file complaints against election results at all levels. It should also clearly specify jurisdiction over such complaints, as well as set objective criteria for a potential invalidation of election results.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and appeals
Kazakhstan
2022
Early election
EOM
Presidential
The timeline for announcing election results should ensure that all appeals are resolved before the Central Election Commission officially declares the winner.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Dispute Resolution
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To ensure transparency of campaign finance, campaign finance reports should be published in a timely and detailed manner, disclosing the sources of donations to campaign funds of electoral contestants.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Kazakhstan
2015
Early election
EOM
Presidential
To enhance transparency, the Election Law could be amended to provide that detailed financial reports are made publicly available and posted on the CEC website.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Campaign Finance
Kazakhstan
2019
Early election
EOM
Presidential
To provide legal certainty, the legal framework should be amended to eliminate concurrent jurisdictions and simplify the dispute resolution process by designating competencies to a single institution.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Kazakhstan
2021
LEOM
Parliamentary
elections
To provide for effective redress to all stakeholders and increase public trust in election dispute resolution, election commissions and courts should give thorough and impartial consideration to the substance of all reports related to electoral violations or disputes. In line with good practice, a template for complaints could be provided, and decisions on inadmissibility of complaints on formal grounds, such as deficiencies in format, should be avoided.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Complaints and appeals
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The regulatory framework should prescribe proportionate and dissuasive sanctions for campaign finance violations.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
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
2019
Early election
EOM
Presidential
To ensure transparency of the election dispute resolution process and access to an effective remedy for all stakeholders, the law should require that all applications of a dispute nature be treated as formal complaints, that all complaints are reviewed in open sessions, and that decisions are reasoned and made public in a timely manner.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
To enhance the diversity of available information and promote plurality, state television should be transformed into a genuine public broadcaster, with the independent appointment of management, multi-sourced funding and a clearly defined public mandate.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
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
2019
Early election
EOM
Presidential
The election commissions should maintain and publish logs of annotated complaints on their websites, for public scrutiny.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
Measures should be taken to ensure full transparency of media ownership and clearly identify the ultimate beneficiaries.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
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
2019
Early election
EOM
Presidential
The law enforcement agencies should implement a human rights-based approach to policing assemblies and refrain from excessive and disproportionate use of force towards participants of assemblies. The authorities should effectively investigate and adequately sanction any alleged instances of ill-treatment committed by law-enforcement officials.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Day
Kazakhstan
2023
Early election
EOM
Parliamentary
elections
The allocation of state advertising and subsidies should be transparent and non-discriminatory, based on clear and objective criteria, and administered by an independent body.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Kazakhstan
2015
Early election
EOM
Presidential
The Election Law should be amended to allow voters to directly appeal the election results in their constituency and all electoral contenders to appeal the final results with the Constitutional Council.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Kazakhstan
2019
Early election
EOM
Presidential
Measures should be taken to ensure unrestricted access of citizen and international observers to the entire electoral process, including clear view of all procedures within polling stations and tabulation premises during voting, counting, and tabulation.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Day
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
2015
Early election
EOM
Presidential
To provide legal certainty, the legal framework should be amended to eliminate dual jurisdiction and simplify the election-related complaints and appeals process by establishing a singular, hierarchical process. All relevant complaints and appeals provisions in various laws should be consolidated or clearly and comprehensively referenced in the Election Law.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Kazakhstan
2019
Early election
EOM
Presidential
To ensure integrity of election results, more detailed, uniform provisions and procedural safeguards should govern the tabulation process. This should include public, uninterrupted sessions from the closing of polling stations until the completion of tabulation.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day
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
2015
Early election
EOM
Presidential
Deadlines for complaints and appeals should be adjusted to guarantee a timely and effective remedy. The timeline for announcing election results should ensure that all appeals are resolved before the CEC officially registers the winner.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2019
Final report heading:
Complaints and Appeals
Kazakhstan
2019
Early election
EOM
Presidential
The CEC final result protocol should include the number of blank, invalid and spoiled ballot papers and the number of voters added to the voter lists on election day.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Day
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
2015
Early election
EOM
Presidential
Measures should be taken to guarantee the integrity of the voting process. In particular, steps should be taken to ensure the equality and secrecy of the vote (including ballot box security and folding of ballot papers), as well as protection against undue influence on electoral choices.
Recommendation # in final report:
32
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2019
Final report heading:
Election Day
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
2015
Early election
EOM
Presidential
Comprehensive and practical training programmes should be developed, with a particular emphasis on the completion of result protocols and the use of mathematical verification formulas, to ensure the accuracy of counting and tabulation protocols.
Recommendation # in final report:
33
Type of recommendation:
Other
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:
Election Day
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