Kazakhstan’s proposed new Constitution represents an alarming rollback of human rights protections and the rule of law and a blatant attempt to concentrate presidential power, Amnesty International said ahead of a referendum on the sweeping changes scheduled for 15 March.
“The project of the new Constitution of Kazakhstan reflects what we have been witnessing over the last years – the erosion of international human rights standards and fundamental principle of the law in the country,” Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia, said.
The draft Constitution, which was prepared without inclusive public consultations or meaningful input from independent civil society, would permit greater restrictions on human rights including the rights to freedom of expression, association and peaceful assembly, based on overly broad and vague concepts of “constitutional order” and “public morality.”
It also defines marriage as a union between a man and a woman, further enshrining discrimination against LGBTI people, whose rights have already been severely curtailed by a law banning so-called propaganda of “non-traditional sexual relations” enacted in December 2025.
“By including in the draft Constitution undue restrictions on the rights to freedom of expression, peaceful assembly, association, and the right to protection from discrimination, Kazakhstan is joining an accelerating rollback on international human rights standards and the rule of law that we have documented throughout Central Asia and the wider region,” Marie Struthers said.
By including in the draft Constitution undue restrictions on the rights to freedom of expression, peaceful assembly, association, and the right to protection from discrimination, Kazakhstan is joining an accelerating rollback on international human rights standards and the rule of law that we have documented throughout Central Asia and the wider region
Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia
“The draft Constitution places human rights within the framework of broad and vague concepts such as the “idea of a Just Kazakhstan,” the principle of “Law and Order,” and “promotion of the idea of a responsible, creative patriotism.”
“Kazakhstan authorities must immediately revoke or remove the repressive provisions and ensure the draft Constitution contains human rights guarantees that are entirely consistent and compatible with the country’s international human rights obligations.”
As one human rights defender from Kazakhstan put it, “Law becomes a substitute for rights, and Order – for freedoms”.”
Primacy of national law
The Constitution would no longer contain the provision that international treaties to which Kazakhstan is a state party take precedence over national laws which are inconsistent with the country’s international human rights obligations. Instead, as has been the case in Russia since 2020, the draft Constitution grants the Constitutional Court the authority to overrule the implementation of decisions by international human rights bodies which “do not comply with the Constitution,” thereby undermining the country’s international human rights obligations. Kazakhstan may not invoke the provisions of its internal law as justification for its failure to perform its treaty obligations.
In what appears to be a bid to tighten control over civil society, the draft Constitution would require NGOs to ensure that all information on financial transactions relating to foreign sources of their funding and all related assets is “open and accessible.”
“Although framed as a transparency measure, in practice such provisions are only too reminiscent of repressive ‘foreign agents’ or ‘foreign influence’ legislation likely to be used to impede NGOs’ work, replicating harmful examples from Russia, Kyrgyzstan, Georgia and elsewhere,” said Marie Struthers.
Although framed as a transparency measure, in practice such provisions are only too reminiscent of repressive ‘foreign agents’ or ‘foreign influence’ legislation likely to be used to impede NGOs’ work, replicating harmful examples from Russia, Kyrgyzstan, Georgia and elsewhere
Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia
Background
The draft Constitution was hastily drafted by a state appointed commission. The authorities have clamped down on criticism of the proposed changes, stifling any legitimate debate by detaining journalists, lawyers and bloggers and blocking social media accounts.
The draft Constitution further consolidates presidential power while undermining the principles of separation of powers and checks and balances and diminishing the role of Parliament, which will become unicameral and renamed the Kurultai.
It also grants the President the authority to appoint the heads of the Supreme Court, the Central Electoral Commission, the Supreme Audit Chamber, the State Security Service, the National Bank and the Human Rights Commissioner, without parliamentary approval. In addition, the President would appoint the Chairperson of the Constitutional Court and, together with the Kurultai, confirm 10 of the Court’s 11 judges.
Article 27 of the Vienna Convention on the Law of Treaties (1969) provides that, “A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.” Kazakhstan acceded to the Convention on January 5, 1994.
