Republic of Kazakhstan celebrates the Constitution Day on 30th Aug every year but this year 2023 the day is unique in a sense that the constitution is not the same as it was after the independence. Kazakhstan has been transformed into New Kazakhstan , worked upon in last year with the incorporation of many reforms in a deeply thoughtful and widely consultative process including 5 electoral phases , a national referendum in June 2022 and finally the Parliamentary elections in March 2023 adding more democratic values to national political structure of the state.
The republic is more for the public now than it was during the first 3 decades of existence. For sure, the preliminary phase of the republic was full of challenges in the way to shape a state that is sovereign, integrated, strong and solidly based. Therefore the constitution empowered the state and the government with unlimited powers but the post reforms constitution is more liberal towards the public for their rights of expression, well being, religion, political activities and most important accountability of the government.
What is Constitution
University college London defines a constitution as the rule book for a state that sets out the fundamental principles by which the state is governed. It describes the main institutions of the state, and defines the relationship between these institutions (for example, between the executive, legislature and judiciary).It places limits on the exercise of power, and sets out the rights and duties of citizens. All the definitions of a constitution revolve almost around the same text and context. Constitution is basically a civil contract between the state and the citizen, distribution of rights and duties among the both. The citizens surrender some rights to the state and the state in return takes the responsibility of the citizens’ liberties, living, education, health, employment, growth, prosperity, safety of life and property. Republic of Kazakhstan, in the reformed constitution has proved that the state and the government is sincere in performance of their duties to the best of the spirit of this agreement that is called constitution.
Rationale of My Comment
Lets see what is the rationale behind our opinion about the constitution of Kazakhstan and what the state has contributed in this end so far. As I visited Astana, in last week of April, that was soon after the reforms process was completed after the Parliamentary and Local government elections, I can state without apprehension of contradiction that the Republic of Kazakhstan understands the dynamics of the population of the state, very well cognizant of the public aspirations, amicably worked and researched upon the needs of the time, took on board all segments of society and finally changed the constitution only to make it more and more public friendly and serving to the citizens.
Kazakhstan is a state of diversity with more than 100 ethnicity communities. It was thanks to the reforms and inclusiveness of the public in state matters that every community participated in the people’s assembly vehemently that was held in April this year and was addressed by the President Kassym Jomart Tokayev.
I was there to see the enthusiasm of the community leaders at their shining and smiling faces with their traditional dresses depicting their traditions and colors of their cultures. All of them were united under one roof as one nation. I noted the commitment, in the address of the President to adhere to what the nation has been assured in the constitutional reforms. The President was confident that the state officials are fully cognizant of their responsibilities that the new constitution embarks on their shoulders.
Background
Republic of Kazakhstan won its independence in 1991 and prepared its first constitution in 1995 in only 4 years time that is itself an achievement. Drafting and approval of constitution of a newly established state is a gigantic task that only a live, determined and vibrant nation can accomplish. The challenges to the statehood were addressed according to the then available options and limitations. The Republic accepted the responsibilities and challenges surviving the first phase of existence as emerging strong nation that would never allow anyone to challenge its sovereignty. The second and most crucial phase was that the Republic passed through during last one year in which one third of the constitution has been changed to face and tackle the challenges of present day trends in and around Central Asia and expectations, requirements of the own public.
Major Reforms
We can have a general view to understand the spirit of the reforms to better understand how much the state has contributed to the public and how much the public has received as their rights in the new constitution. The Republic has established and strengthened mechanisms that protect human rights and democracy.
Accountability: The role and status of the Ombudsperson for Human Rights, the Ombudsperson for children’s rights, and the Ombudsperson for protecting people with disabilities has been enhanced to empower them to serve the public better than the past. It means the state officials are not free to go unchecked for their wrong doings, if any or no performance.
ConstitutionalCourt: The Constitutional Court has been re-established in new constitution. It further ensures protection of human rights and freedoms of the citizens. The citizens have direct access to the Constitutional Court as well as Prosecutor General and the Ombudsperson to declare unlawful norms that, in their view, contradict the principles of the Constitution.
With regards to Constitutional Court, another point to be noted is , there are many constitutional rifts in democratic countries and the courts are engaged to interpret the constitution. It takes long to decide the cases and the matters of public importance and justice are kept pending for years. The formation of constitutional court is example for those countries where the courts are busy in interpretation of the constitution instead of delivering justice to the public.
Powerful Parliament:The Parliament is more powerful, have more influence and say in the decision making process of the state including the nominations, postings on important positions of the government.The local governments are empowered to take decisions about their issues locally. They can also give their feedback in national affairs to help the central authorities reach to a nationally agreed conclusive approach that is based on consensus of the nation.
SimplifyingRegistration of PoliticalParties: The participation of the public in state affairs also includes their right to register political parties that can contest the elections and form the government if win majority vote. Kazakhstan was a country of only few political parties but now two new parties Respublica and Baytaq have been registered. The new entrants contested election as well to secure their presence in the parliament that is more diversified now than the past. The percentage of votes was decreased maximum to 5% only to facilitate the new political parties to survive and flourish.Six parties managed to pass the five percent threshold needed to get into parliament, which has created a truly multi-party representative body with different political views.
Self–Nominations: large number of self-nominated candidates took part in election in single mandate districts along with party candidates. This was the result of the reforms that the registration process was simplified to open the gates for more political players. This not only enhanced the inclusiveness but also convinced the international observers to declare the election in March as the most democratic, free, fair and transparent since 2004.
Women, Youth,Special Persons: Very encouraging and promising step is 30% seats for women, youth and special persons in the Parliament. The marginalized segments of society have been enabled to reach the legislature and contribute in building the future of themselves and their countrymen.
PresidentialPowers Limited
The most notable step in constitutional reforms is that presidential powers have been limited. President had been symbol of authority with major powers centered in his office but now the centrality of authority has been reviewed to hold the government more accountable to the people. It will definitely increase the performance of the government officials. The public of the republic can get more benefits from a government that is cognizant of the fact that the public can question them for what they have delivered. That is why , the elections in March this year attracted the people in full swing to cast their votes. They felt their participation in the affairs of the state in true spirit and sense.
Single Term of the President
The biggest reform that can be termed as the real public empowerment and that expresses the seriousness of the state towards the citizens, in my opinion , is the President will have only one term of 7 years now on. The President will not have the right to stand for the second term. This is only in Kazakhstan in the whole Central Asian region. Certainly, as the President, his name will remain in history but this step has attached bright colors as well with his name to be remembered as the pioneer of New Kazakhstan.
Several reforms are meant to maintain the sovereignty, integrity of the state and sustain friendly relations with all countries in the region and around the world. Financial measures have been worked upon to bring improvement in the lives of the citizens, providing them the best environment and conditions to prosper as per their skills and education.
Rights with Responsibilities
Citizens and Society have been focused in the new constitution of Kazakhstan. Ideals of freedom, equality, new civic and political culture, social , political, economic justice, freedom of speech, assembly and region, tolerance, prosperity, development, accountability etc are the keywords in the constitutional reforms that clearly indicate the agreement between the state and the citizen to take their statehood to new height and esteem.
Rights are never without Responsibilities. The encouraging phenomenon in the New Kazakhstan is the keen interest of the citizens. Political Science defines a successful state as whose citizens take full interest in its affairs.
Fortunately, Kazakh citizens are well aware of their responsibilities as well. Language is the first step towards formation of a strong, united nations. The leadership is promoting one language for the nation. President Tokayev announced many attractive initiatives and awards for the citizens who work on common Kazakh Language. The citizens are supposed to contribute in this direction that would make them one nation in true sense.
