Tokayev noted on the same day he signed the decree that the adoption of amendments would be an important step for the development of Kazakhstan and would help realize the potential of every citizen. He emphasized that the current direction of political reforms shows that Kazakhstan is moving away from a super-presidential model and towards a presidential republic with a strong parliament.
However, human rights activists and lawyers express concerns that the proposed changes may actually strengthen presidential powers and weaken other branches of government. Some believe that the amendments could increase control over citizens under the pretext of protecting national interests.
Authoritarian Trends
Evgeny Zhovtis, chief expert consultant of the KMBPCh, noted in an interview with the BBC that the new draft Constitution, on the contrary, has a more "authoritarian and super-presidential" character. For example, the current version requires parliamentary approval for the appointment of the chairman of the Constitutional Court, while the new version does not require such approval for a number of positions. If deputies refuse consent to the appointment of the prime minister or a judge twice, the president will be able to dissolve the parliament.
Additionally, there are plans to transform the parliament from a bicameral to a unicameral body, which will significantly reduce the powers of deputies. The renaming of the parliament to Kurultai is also being discussed.
As part of these reforms, the parliament will no longer be able to lift the immunity of the Attorney General, the chairman of the Supreme Court, and the human rights commissioner. The new draft Constitution also lacks a mention that deputies must approve the republican budget and make amendments to it.
"I have many questions about this Constitution. In my opinion, it is worse than the current one. The political maneuvers are aimed at strengthening presidential power, with the addition of various ideological formulations," Zhovtis believes.
Restriction of Freedom of Speech
During a meeting with the president on February 11, Elvira Azimova, head of the constitutional commission, reported that the text of the new Constitution was drafted based on proposals from citizens and experts. However, human rights activists have repeatedly pointed out the need for their involvement in the amendment development process and criticized the proposed changes.
The Legal Media Center noted that the new Article 23 of the draft Constitution contains vague formulations that could provoke increased pressure on the media and restrictions on freedom of speech.
Experts emphasize that the changes could be used to limit criticism of public officials, while the development of modern legislation requires enshrining the principle of public interest and citizens' right to access important information.
The head of the constitutional commission also announced on February 3 that the new Constitution would have the highest legal force concerning international treaties. According to Majilis deputy Murat Abeov, it is necessary for the adoption of international obligations to comply with constitutional principles and the sovereignty of Kazakhstan.
Zhovtis explained that this means that international law will cease to be a priority compared to local legislation.
Status of the Russian Language
There have been rumors in the media that the new draft Constitution "lowers" the status of the Russian language in Kazakhstan. However, Zhovtis clarified that the amendments do not change its status; only the wording is changed.
In the current version of Article 7 of the Constitution, it is stated that alongside Kazakh, the Russian language is used in state institutions. In the draft of the new Constitution, the word "on par" is replaced with "alongside." This does not change the status of the Russian language as unofficial, the lawyer notes.
