On 10 December 2023, the world marked the 75th anniversary of the Universal Declaration of Human Rights(UDHR). The anniversary highlighted the continued relevance of the Declaration in today’s world, especially in addressing issues like climate change and the digital divide. The anniversary activities included the perspectives of young people from around the globe, through the work of an advisory group of 12 young activists, selected for their diverse and impactful human rights initiatives at the local level. In line with this, Kazakhstan’s President Kassym-Jomart Tokayev has enacted the III Presidential Decree, accompanied by a comprehensive Action Plan on Human Rights and Rule of Law, writes James Drew.
This plan outlines Kazakhstan’s commitment to creating greater alignment between its domestic legal framework, international obligations and enhancing human rights protections nationwide.
The Action Plan emphasizes several key areas:
Empowerment of Vulnerable Groups: Strengthening protections for women, children and persons with disabilities;
Domestic Violence: Implementing stricter accountability measures to combat domestic violence;
Labour Rights and Freedom of Association: Enhancing labour rights and ensuring freedom of association for all citizens, and etc.
As a cornerstone of this Presidential Decree, Kazakhstan is proactively collaborating with international partners, including the U.N. and the OSCE, to enhance its human rights protection mechanisms in line with these priorities. These ongoing partnership aims to ensure that Kazakhstan’s reforms are both effective and consistent with the best human rights practices.
Kazakhstan has launched a series of bold and far-reaching political reforms and managed to improve its institutions, reset political and economic systems, uphold living standards, fight corruption and reduce inequality.
These reforms underscored by constitutional amendments aimed at enhancing human rights protections and aligning national legislation with international obligations:
Abolition of the Death Penalty: Kazakhstan reaffirmed its commitment to the Second Optional Protocol to the International Covenant on Civil and Political Rights, abolishing the death penalty.
Enhanced Human Rights Mechanisms: The establishment of the Commissioner for Human Rights and the Constitutional Court allows citizens direct access to justice for addressing rights violations, in line with the Paris Principles.
Social Protection Enhancements: Introduction of the Social Code and the Commissioner for the Rights of Socially Vulnerable Groups provides robust protection mechanisms for marginalized populations.
Strengthening Child and Disability Rights: Ratification of the UN Optional Protocols on the Rights of Children and Persons with Disabilities enhances protections for vulnerable society members.
Criminalization of Harassment and Domestic Violence: New laws criminalize harassment and domestic violence, introducing comprehensive psychological rehabilitation for perpetrators of domestic violence, and establishing the Department for Combating Domestic Violence under the Ministry of Internal Affairs.
Establishment of Gender Issues Advisers: Positions for gender issues advisers have been introduced in all regions, with appointees selected from relevant representatives of civil society and the business community to address gender-specific challenges effectively.
Adoption of National Plans for Gender Equality: Two pivotal national plans have been implemented. The first plan enhances measures to promote equal rights for men and women, aligning with the best practices of the UN. The second plan is dedicated to advancing the UN Security Council Resolution 1325 on “Peace, Women, and Security,” and it actively promotes the inclusion of women in the Prosecutor General’s Office, the Ministries of Internal Affairs, Emergency Situations, Defense, and in roles within peacekeeping missions and negotiation groups.
Children’s Rights Advocacy: Establishment of regional ombudspersons for children’s rights, working alongside the National Commissioner to safeguard women and children nationwide.
Combatting Human Trafficking: Strengthened legal measures against human trafficking, including criminal prosecution for abduction, unlawful deprivation of liberty forced prostitution, and trafficking involving minors.
Clarification and Enforcement against Torture: Differentiation of torture and inhumane or degrading treatment, with forensic and psychological research aligned with the Istanbul Protocol, reflecting a zero-tolerance policy towards such abuses.
Support for Reintegrating Convicts: Tax relief for small and medium-sized enterprises employing individuals with convictions promotes their reintegration into society.
Legal Protection for Refugees: A tripartite mechanism involving the Ministry of Labor and Social Protection, the National Security Committee and the Ministry of Internal Affairs provides legal status to refugees, adhering to UNHCR recommendations
Labour Safety Standards: Implementation of International Labour Organization (ILO) standards to enhance workplace safety and prevent industrial injuries.
The Presidential Decree on Human Rights and Rule of Law has reaffirmed our nation’s steadfast commitment to the principles of the United Nations and our unwavering dedication to building a democratic society where the rule of law and order prevails.
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