Kazakhstan’s President Kassym-Jomart Tokayev signed the decree to hold “referendum” on June 5, 2022 which is indeed in accordance with the modern democratic norms and civilized societies of the world. The injunctions of referendum is permitted in its dynamic “Constitution”
Moreover, it is a “giant step” towards real and meaningful “politicization” and “democratization” in the country. It is pro-development, business, investment and of course people. Simply it is a new “MAGNA CARTA” of the 21th century. It seems that the reform package addresses 33 separate articles about one third of the total constitutional articles. The proposed reforms are important steps toward real “Representative Government” in Kazakhstan.
It is a new “SOCIAL CONTRACT” between the “STATE” and “SOCIETY” in terms of equal rights, provision of basic necessities of life, social justice, transparency, openness and accountability. It is a journey towards “redistribution” and ultimately “institutionalization of equal powers and discretions among the different stakeholders of the political system.
Hopefully, the voters in Kazakhstan will go to the polls to approve a revised constitution which will “guarantee” a prosper Kazakhstan and “democratic” future for all. In this connection, the people of Kazakhstan will vote on a package of reforms intended to transform the country from a “Super-Presidential System (SPS)” to a dynamic and interactive “Presidential System” with a strong parliament. Now all cities, towns and villages of Kazakhstan are decorated with lots of billboards, internet banners, and text messages variously carry the slogans “Let’s build a new Kazakhstan!” and “Vote for change” which is a great “omen” for the country and its people sailing both towards the shores of greater politicization and democratization in the country.
Furthermore, the Central Referendum Commission (CRC) has accredited 272 representatives of international organizations who will serve as foreign observers at the June 5 constitutional referendum.
Fourteen observers from the European Union Delegation to Kazakhstan, as well as from Estonia, Germany, Indonesia, Iran, North Macedonia, and Iran have applied for accreditation at the request of the Ministry of Foreign Affairs.
It seems that the proposed amendments are of “historical” significance. In this regard, prominent political scientists, entrepreneurs, scientists and noble figures from the cultural sector completely support these reforms and all are of the opinion to “discard” the current, inefficient system of rule and build a new “dynamics” society. Moreover, public associations and workers at major domestic companies have shown keen interest and support of the referendum.
According to the Central Communications Service (CCS) Kazakhstan’s online survey conducted from May 24 to May 29 some 83.92 percent of Kazakh citizens support the presidential initiative to hold the June 5 national referendum on amendments to the Constitution. In larger spectrum the 5th June referendum would be “trimming the overwhelming powers of the president; redistributing power through the branches of government; enhancing the role of parliament; increasing public participation in the running of the country; and strengthening the civil rights of citizens”. Thus it is a “giant step” towards pure “Liberalized Democracy” in Kazakhstan.
It is reality that the Republic of Kazakhstan maintains a super-presidential system since 1995. Resultantly, parliament (both houses) and courts have been struggling to achieve only nominally independency, and the president and it administration has nearly unlimited control over political decision-making. However, the proposed referendum of the June 5 would bring drastic changes in the political system and doctrine of “Status Quo” in the country.
In this context, comparative constitutional and political study of Kazakhstan reveals that Kazakhstan’s first step to a super-presidential system was the adoption of a new constitution in 1995 that was implemented by Nursultan Nazarbayev. Nazarbayev further consolidated his personal powers with constitutional amendments in 1998, 2007, and 2011. During 2017 the president slightly redistributed presidential powers to other branches of government and opened the path for the election of local representatives, at least at the village level.
However, president Tokayev decreed to hold referendum which is the “bravest step” of Kazakhstan esteemed president. To make it real change president Tokayev stepped down as chairman of the Amanat party on April 26. Additionally, the president can no longer override the acts of akims of oblasts, major cities, or the capital and close family members of the president cannot hold political posts.
Hopefully, after the referendum the parliament of Kazakhstan will have more power vis-a-vis the president. Kazakhstan’s parliament will remain bicameral, but the distribution of power between two houses of parliament. The Senate will no longer have the power to make new laws, and instead will just approve or reject laws passed by the Mazhilis. Furthermore, the process for selecting deputies to both houses will also change.
Consequently, the Mazhilis will be reduced to 98 deputies, following the abolition of nine seats appointed by the Assembly of the Peoples of Kazakhstan. Those seats will be transferred to the Senate, and the Assembly of the Peoples will now only get to appoint five deputies. The number of deputies appointed by the president will be reduced from 15 to 10.
Moreover, Mazhilis deputies will be elected according to a mixed system. Seventy percent of Mazhilis deputies will be chosen by proportional elections, and 30 percent will be directly elected.
The reestablishment of the “Constitutional Court” will revolutionize the judicial system of Kazakhstan. Six members of the constitutional court will be nominated by the parliament, three each by the national assembly and the senate, and four will be appointed by the president. The chairman of the constitutional court, as well as the Supreme Court, can no longer be appointed solely by the president.
Kazakhstan president Tokayev has emphasized the importance of local governance or “decentralization” of power, marked by the first ever direct election of village akims and plans to introduce three new oblasts that will bring government bodies closer to the populations they represent.
It seems that the referendum and the adoption of amendments to 31 articles and addition of 2 new articles to Kazakh Constitution will allow people to expand their participation in “state governance” and ensure genuine democratization of political processes. It would be giant step towards “decentralization” of political, financial, economic and administrative powers at the door steps of common people. Ultimately, the proposed and approved amendments through referendum will change the status of the parliament and also expand people’s participation in running the affairs of the government.
It seems that the incumbent government of Kazakhstan aims to further enhance people’s participation in the political system through ratifying the political flaws as well as regulate financial and economic matters so that hang-over of the past political system and psychological barriers may be reversed and held in check.
Arguably, the constitution, in its amended form, will introduce some “systematic checks & balances” and prohibit the president from holding membership of any political party during office. It will also curtail the power of the president to wholly or partly limit/overrule the authority of a provincial governor, mayor, or district commissioner deputy who does not fulfill his election promises. Moreover, the amendments will also simplify the registration of parties. The amendments will also create a right balance between the different branches of power and establish an effective dialogue between the government and the people.
The referendum is a major step to transform the political course in Kazakhstan. The new changes are aimed at bringing systematic transformation to the country’s political setup and will bring a balance between different pillars of the states.
To conclude, the referendum will bring “drastic systemic changes” to eventually enable a transition from the super-presidential system to the presidential republic, the redistribution of several powers, strengthening the role and status of the parliament, expanding the participation of the population in governing the country, and strengthening the constitutional mechanisms for protecting the rights of citizens.
Thus it would be a “value addition” in the journey of Kazakhstan towards greater “politicization” and “democratization”. It would be a “balancing act” of the incumbent government to trickle down the benefits of socio-economic prosperity to the doorsteps of common people.
It hopes that the upcoming referendum on constitutional reforms will create the legal basis for an effective and more balanced model of relations between the state and society.
Additionally, the constitution will completely ban the president’s immediate family from holding political and leadership positions in the public sector. Moreover the presidential land and its subsoil will be declared the property of the people of Kazakhstan.
Ironically, for the first time the set of amendments does not pursue the goal of strengthening the executive power marking a crucial difference from the past’s practice.
It seems that it is a “giant step” to create the right balance between the different pillars of the state. Furthermore, the role of the parliament will be strengthened by establishing the auditing committee which will have the power to conduct investigation against secret agencies and paramilitary organizations.
It will further strengthen the scope and utility of accountability apparatus of the state. It will introduce “integrated strategies” against corruption and uphold the spirits of fair play and equal economic rights for everyone in the country.
Moreover, the constitutional court is being created at the top of the judicial system, where citizens will be able to appeal.
Previously on March 16, Kazakhstan president Tokaev proposed a program for political reforms. On April 22, a task force of leading law experts and jurists prepared the draft of changes and amendments to the constitution for pursuing political reforms.
It seems that the referendum will be a vote of confidence in President Tokayev, who has been advancing democratization and reforms in the country. The draft amendments and additions to the Constitution were developed by leading legal and constitutional scholars and received a positive assessment from the Constitutional Council. The draft constitutional amendments are based on the requests from citizens and are implemented in the interests of the entire society. Banning on President of the Republic membership and participation in political party during the tenure, and banning of the chairpersons and judges of the Constitutional Court, the Supreme Court and other courts, the chairpersons and members of the Central Election Commission, the Supreme Audit Chamber of the Republic (new version of paragraph 2 of Article 23 of the Constitution) will resultantly, increase political competition, political diversity, creation of equal rights for the development of all political parties, independence and impartiality in decision-making. Thus it will vividly reflect complete “political” and “administrative” transition and transformation in the country.
Ultimately, the president being the head of State will act as a steadfast guarantor of equal opportunities for all citizens. Therefore, Article 43 of the Constitution is supplemented by paragraph 4, according to which close relatives of the President are not permitted to hold positions of political civil servants and heads of quasi-public sector companies.
Thus it would be “paradigm shift” in the system of governance, accountability, transparency, equal rights and last but not least, diminishing of “cronyism” in the country. It would be great step toward a “balanced development doctrine” in which all regions and sectors will be equally treated.
Ours is the age of modern democracy in which good governance, transparency, accountability, zero tolerance towards corruption and protection of human rights are completely implemented and pursued which may be replicated in case of Kazakhstan through successful holding of referendum.
Thus “architect” of “liberalized democracy” solely relies on decentralization of political system and desertions, institutionalization of certain/specific checks & balances in the political systems, pro-people & business policies, socialization of economy and administration and writ of the state being a “responsive organ” to lessen the miseries of common people.
So, upcoming referendum would be first step towards “drastic overhauling” of the existing socio-economic propositions and political system in the country. It would boost people confidence in the state and its policies. It would energize different stakeholders and state departments to work for the betterment of the country and people alike.
The outcome of the constitutional reform should be the expansion of the powers of local government and self-government, implemented by local representative and executive bodies responsible for the state of affairs in the relevant territory in the Republic of Kazakhstan.
( The author is Director: The
Center for South Asia & International Studies (CSAIS) Islamabad
Regional Expert: Kazakhstan
& Central Asia)
