Kazakhstan

This is the third draft law on HRDs to be developed in Kazakhstan by civil society. Its contents are comprehensive and progressive, and also establish a strong protection mechanism. Its adoption would be welcome.

Draft Law of the Republic of Kazakhstan On human rights activities and the introduction of amendments and additions to certain legislative acts of the Republic of Kazakhstan

(See English automatic translation here)

Type of instrument: Draft Law

Status: Unadopted. Draft developed in November 2024

Comments on the instrument: This is the third draft law on HRDs to be developed in Kazakhstan. It contains some very positive and progressive elements, in particular the broad definition of defenders (which includes assistants, employees and other affiliated persons) and the recognition that human rights defence can be conducted in a collective manner. It also establishes a comprehensive and very strong protection mechanism.

The draft mostly aligns with the Model Law, except for the fact that it does not explicitly enunciate several of the rights of HRDs (including to participate in public affairs, and to freedom of movement). However, articles 2 and 5.1 recognise that HRDs shall have all human rights provided by international treaties, including the UN Declaration on HRDs. This would result in an incorporation of international standards into national law.

The only concerning provision is located in article 6.2, which indicates that the right to freedom of expression includes “the possibility to publish, inter alia, personal data of natural persons, if it is necessary to ensure the protection of human and civil rights and freedoms.” The broad terms used in this provision could result in a violation of the right to privacy of people whose information is shared. The lack of clarity on what exactly means to share information to ensure the protection of human rights opens the door to abuse.

Does the instrument contain specific provisions easily used to restrain human rights defenders’ rights? No

Below is a short summary of the instrument compared to the Model Law.

For additional information and analysis by ISHR on Kazakhstan, click here.

Mechanism on the protection of human rights defenders established in the instrument? Yes, in Section 3.

Key elements of the law (as compared to the Model Law):

Rights of HRDs

Provision	Coverage	Arts.
Definition of Human Rights Defender	FULL	3.2
Right to promote and protect human rights and fundamental freedoms	FULL	4
Right to Form Groups, Associations, and Organisations	PART	2, 5.1
Right to Solicit, Receive and Utilise Resources	FULL	5.7
Right to freedom of expression and to seek, receive and disseminate Information	FULL	6, 7
Right to access and cooperate with NGOs, government organisations and international organisations	FULL	6.3
Right to participate in public affairs	PART	2, 5.1
Right to Peaceful Assembly	PART	2, 5.1
Right to represent and advocate	PART	2, 5.1
Right to freedom of movement	PART	2, 5.1
Right to Privacy	FULL	8
Freedom from intimidation or reprisal	FULL	3.8, 9, 13
Freedom from defamation and stigmatisation	PART	2, 5.1

State Obligations

Provision	Coverage	Arts.
Obligation to respect, promote, protect and fulfil rights of human rights defenders	FULL	10
Obligation to facilitate the activities and work of human rights defenders	FULL	2.2, 5.1, 5.6
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	2.2, 5.1, 9
Obligation to investigate, provide an effective remedy and ensure reparation	FULL	9

Protection Mechanism

Provision	Covered?	Arts
Cooperation with human rights defenders, civil society, and national and international human rights bodies	FULL	11, 13
Training of mechanism’s personnel on HR and fundamental freedoms	FULL	11
Periodic reviews with independent experts and CSO’s on the functioning of the Mechanism	FULL	13.6, 13.13
Resources for adequate functioning of the Mechanism / transparency on resource usage	FULL	16
Public acknowledgment of human rights defenders work and rights (promotion of UN Declaration)	FULL	12.5
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	FULL	13.12
Development of protocols and guidelines based on best practice to protect human rights defenders	FULL	13.8
Assist investigations for prosecuting offences against human rights defenders	FULL	12.3
Granting of protective measures based off off a specific risk assessment	FULL	14
Review / appeal of Mechanism decision before courts or independent authority	FULL	15
Confidentiality and personal data protection	FULL	8
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders)	FULL	13.4, 13.7- 13.15

Quick access

See Draft Law in its original language here.

See automatic translation here: Draft Law of the Republic of Kazakhstan On human rights activities and the introduction of amendments and additions to certain legislative acts of the Republic of Kazakhstan