Kazakhstan’s proposed new Constitution has raised serious concerns over human rights and the rule of law ahead of a referendum scheduled for 15 March, Amnesty International warned. The draft reflects a consolidation of presidential power and a rollback of fundamental freedoms, with limited public consultation or input from independent civil society.
The draft Constitution would allow broad restrictions on rights including freedom of expression, association, and peaceful assembly, justified under vague concepts such as “constitutional order” and “public morality.” It also defines marriage exclusively as a union between a man and a woman, further institutionalizing discrimination against LGBTI people already affected by a 2025 law banning so-called propaganda of “non-traditional sexual relations.”
Human rights protections are further undermined by framing them within broad notions like “Law and Order” and “responsible, creative patriotism.” Amnesty International has called on Kazakhstan to remove repressive provisions and ensure that human rights guarantees align fully with the country’s international obligations. As one local human rights defender noted, “Law becomes a substitute for rights, and Order – for freedoms.”
The draft Constitution would also remove the primacy of international treaties over national laws, granting the Constitutional Court the authority to disregard decisions of international human rights bodies if deemed incompatible with the Constitution. This change mirrors practices seen in Russia and weakens Kazakhstan’s international obligations.
Additional measures target civil society by requiring NGOs to make all foreign funding and related assets publicly accessible, a move framed as transparency but likely to replicate restrictive “foreign agent” legislation seen in Russia, Kyrgyzstan, and Georgia, potentially impeding NGO operations.
The Constitution was prepared quickly by a state-appointed commission amid crackdowns on critics, with journalists, lawyers, and bloggers detained and social media blocked to stifle debate. It consolidates presidential authority by diminishing the role of Parliament, which would become unicameral and renamed the Kurultai, and granting the President power to appoint heads of key state institutions, including the Supreme Court, the Constitutional Court, the National Bank, and the Human Rights Commissioner, often without parliamentary approval.
Overall, the draft Constitution signals a severe erosion of human rights, independence of institutions, and checks and balances, placing Kazakhstan on a path toward further authoritarian consolidation.
