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A
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
al
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
in
Kazakhstan Kazakhstan, officially the Republic of Kazakhstan, is a landlocked country primarily in Central Asia, with a European Kazakhstan, small portion in Eastern Europe. It borders Russia to the Kazakhstan–Russia border, north and west, China to th ...
, locally called the Republican referendum (; ), was held on 5 June 2022. It was the third referendum since Kazakhstan's independence in 1991, and the first since the
1995 referendum The 1995 Quebec referendum was the second referendum to ask voters in the predominantly French-speaking Canadian province of Quebec whether Quebec should proclaim sovereignty and become an independent country, with the condition precedent of o ...
that established the current constitution. The amendments followed violent civil unrest in early January caused by worsening economic conditions and subsequent calls for rapid political reform. The referendum changed 33 of the document's 98 articles. Political commentators assessed that amendments would lessen the influence of the
executive branch The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
, grant more powers to the
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, and eliminate the powers that former president
Nursultan Nazarbayev Nursultan Abishuly Nazarbayev (born 6 July 1940) is a Kazakhstani politician who served as the first president of Kazakhstan from 1991 to 2019. He also held the special title of Elbasy from 2010 to 2022 and chairman of the Security Council of ...
had retained after resigning from office in 2019. President
Kassym-Jomart Tokayev Kassym-Jomart Kemeluly Tokayev (born 17 May 1953) is a Kazakhstani politician and diplomat who has served as the second president of Kazakhstan since 2019. He previously served as Prime Minister of Kazakhstan, Prime Minister from 1999 to 2002 ...
unveiled the proposed amendments during his early State of the Nation Address in March 2022. After Tokayev's announcements, he subsequently formed a working group in forming proposals for the constitutional changes along with the Parliament and in April 2022, the proposed amendments to the constitution were submitted to the Constitutional Council for approval. During the drafting of the amendments, several controversial changes were proposed by deputies and Kazakh officials regarding the exclusion of Russian from being a co-
official language An official language is defined by the Cambridge English Dictionary as, "the language or one of the languages that is accepted by a country's government, is taught in schools, used in the courts of law, etc." Depending on the decree, establishmen ...
along with Kazakh; most notably, an early proposal to grant former president Nazarbayev the new honorary title as the "founder of independent Kazakhstan", along with other privileges, faced a public backlash and was eventually scrapped. On 29 April, President Tokayev raised the idea of holding a Republican Referendum to approve the changes and additions made to the constitution. In early May, with the approval by the Constitutional Council, the Parliament adopted a draft package of constitutional amendments and additions. As the Parliament ratified a final revision on 5 May, Tokayev approved the draft and set the referendum date in a presidential decree. Throughout the campaign, the amendments as well as the holding of a referendum were endorsed by various pro-government political parties, state institutions, NGOs, public figures, and statesmen, including former president Nazarbayev himself. Although the referendum lacked a unified "No" campaign, civil activists and opposition groups criticized it for the financial cost of the referendum, short timeframe for campaigning, and a lack of dialogue between the Kazakh government and citizens during drafting. Critics argued that the amendments will change little in Kazakh politics and instead simply bolster President Tokayev's potential second term ambitions. To be approved, the proposed amendments had to garner the absolute majority of all votes, including blank and invalid ones, on the national level as well as in two-thirds of the 17 regions and autonomous cities, and a minimum turnout of 50% of registered voters. The
Central Election Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
(OSK) in the evening of 5 June reported a preliminary turnout of 68.4% shortly after polls had closed. Exit polls, published in the mass media at midnight on 6 June during the coverage of the referendum, indicated that more than 74% of Kazakh voters supported the constitutional changes. In the following morning, the OSK announced that voters approved 56 amendments to the
Constitution of Kazakhstan The Constitution of the Republic of Kazakhstan is the highest law of Kazakhstan, as stated in Article 4. The Constitution was approved by a constitutional referendum on 30 August 1995. with the overall final results published on 7 June showing 77.2% of the voters in favour and 18.7% opposed.


Background

The
Constitution of Kazakhstan The Constitution of the Republic of Kazakhstan is the highest law of Kazakhstan, as stated in Article 4. The Constitution was approved by a constitutional referendum on 30 August 1995.Nursultan Nazarbayev Nursultan Abishuly Nazarbayev (born 6 July 1940) is a Kazakhstani politician who served as the first president of Kazakhstan from 1991 to 2019. He also held the special title of Elbasy from 2010 to 2022 and chairman of the Security Council of ...
's presidency in the early 1990s. During his first term in office, Nazarbayev dissolved the
Supreme Council of Kazakhstan The Supreme Council of the Republic of Kazakhstan () was a unicameral legislative branch in Kazakhstan that existed from 1993 to 1995. The Supreme Council succeeded the Supreme Soviet of the Kazakh SSR after the new Constitution of Kazakhstan wa ...
and oversaw the August 1995 constitutional referendum which greatly expanded his executive powers. The political opposition boycotted the August 1995 referendum; local observers claimed that the final results, which saw 90% of voters approve the changes, had been falsified. As a result of the referendum, Nazarbayev gained the right to dissolve the parliament; because the became a purely advisory body, Nazarbayev could amend the constitution virtually at will and rule in an authoritarian manner. Amidst the colour revolutions that took place in former Soviet republics, several opposition parties in late 2004 established the Coordinating Council of Democratic Forces of Kazakhstan, led by former Mazhilis chairman
Zharmakhan Tuyakbay Zharmakhan Aitbaiuly Tuyakbay (, , ; born 22 November 1947) is a retired Kazakh politician. He was the chairman of the Nationwide Social Democratic Party from 2007 to 2019 and prior to that, he served as the Mäjilis chairman from 1999 to 20 ...
. The Coordinating Council aimed at implementing political reforms and drafted its own proposed Kazakh constitution prior to the 2005 presidential elections. However, police confiscated the leaflets to promote the project in August 2005 prior to distribution. Nevertheless, Tuyakbay, the leading opposition figure in the presidential race against Nazarbayev, campaigned for a new constitution with a one-presidential-term limit and a ban on the incumbent president's relatives from holding political offices. Nazarbayev would comfortably win the 2005 election, and any hope of reform died when Tuyakbay refused to recognise the official results and unsuccessfully sought to overturn the election. Following the
Zhanaozen massacre The Zhanaozen massacre () took place in Kazakhstan's western Mangystau Region over the weekend of 16–17 December 2011. At least 14 protesters were killed by police in the oil town of Zhanaozen as they clashed with police on the country's Ind ...
and 2012 legislative elections, Tuyakbay, who headed the opposition Nationwide Social Democratic Party at that time, suggested a nationwide
Kurultai A kurultai (, ),Derived from Russian language, Russian , ultimately from Middle Mongol ( ), whence Chinese language, Chinese 忽里勒台 ''Hūlǐlēitái'' (); ; ; ; ; ; ; ; ; (). also called a qurultai, was a political and military counc ...
(political council) in autumn of 2012 to discuss political reforms and constitutional amendments on "organisational, technical, ideological issues"; this proposal did not come to fruition. In 2017, President Nazarbayev proposed constitutional reforms that for the first time transferred powers away from the executive, granting them instead to parliament. Observers noted that the changes did not meaningfully enhance political pluralism, but could ensure a smooth political succession whenever Nazarbayev stepped down. However, by the late 2010s, political activism in Kazakh civil society and on social media had grown substantially. After President Nazarbayev's resignation in March 2019, public pressure grew for the new President
Kassym-Jomart Tokayev Kassym-Jomart Kemeluly Tokayev (born 17 May 1953) is a Kazakhstani politician and diplomat who has served as the second president of Kazakhstan since 2019. He previously served as Prime Minister of Kazakhstan, Prime Minister from 1999 to 2002 ...
to implement liberal reforms. Former
Supreme Soviet of the Kazakh SSR The Supreme Soviet of the Kazakh SSR (; ), also known as the Supreme Council, was a supreme organ of republican power of Kazakhstan, then known as the Kazakh SSR, one of the republics comprising the Soviet Union. The Supreme Soviet was the only g ...
chairman
Serikbolsyn Abdildin Serikbolsyn Abdildaevich Abdildin (, , ; 25 November 1937 – 31 December 2019) was a Kazakh economist, politician, First Secretary of the Communist Party from 1996 to 2010, member of the Mazhilis from 1999 to 2004 and a candidate in the 1999 ...
, supported a return to the 1993 Kazakh constitution he had authored. During the 2019 presidential elections, both candidates
Amirjan Qosanov Amirjan Sagidrahmanuly Qosanov (, ; born 13 May 1964) is a Kazakh politician, journalist, political activist. He was a main challenger to Kassym-Jomart Tokayev in the 2019 Kazakh presidential election. Early life, career Amirjan Qosanov was born ...
and Sadibek Tügel called for constitutional changes in their campaigns: Qosanov advocated shifting to a president-parliamentary system while Tügel proposed drafting an entirely new Kazakh constitution to promote the "democratic values that have always existed in the steppe." In August 2019 during
Constitution Day Constitution Day is a holiday to honour the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitut ...
, activists of the "Oyan, Qazaqstan!" movement held a march in
Almaty Almaty, formerly Alma-Ata, is the List of most populous cities in Kazakhstan, largest city in Kazakhstan, with a population exceeding two million residents within its metropolitan area. Located in the foothills of the Trans-Ili Alatau mountains ...
demanding reforms toward a
parliamentary system A parliamentary system, or parliamentary democracy, is a form of government where the head of government (chief executive) derives their Election, democratic legitimacy from their ability to command the support ("confidence") of a majority of t ...
. The
Ak Zhol Democratic Party The Aq Jol (, ), officially the "Aq Jol" Democratic Party of Kazakhstan (, ) is a liberal-conservative political party in Kazakhstan. The Aq Jol is led by Azat Peruaşev, a deputy of the Mäjilis. The Aq Jol party was formed in early 2002, afte ...
in its electoral programme for the 2021 legislative elections called for a "phased transition from the presidential to a parliamentary system" as well. But political analysts believed that the President Tokayev had little interest in reforming the constitution. His predecessor Nazarbayev still possessed various influential state posts, most notably the Supreme Council chairmanship, and Tokayev seemed to have minimal ''de facto'' autonomy.


January 2022 unrest

As
protests A protest (also called a demonstration, remonstration, or remonstrance) is a public act of objection, disapproval or dissent against political advantage. Protests can be thought of as acts of cooperation in which numerous people cooperate ...
broke out in the city of Zhanaozen initially over a sharp increase in
liquefied petroleum gas Liquefied petroleum gas, also referred to as liquid petroleum gas (LPG or LP gas), is a fuel gas which contains a flammable mixture of hydrocarbon gases, specifically propane, Butane, ''n''-butane and isobutane. It can also contain some ...
prices in early January, massive discontent quickly spread throughout Kazakhstan. Demonstrators insisted that the government had repeatedly ignored the declining standard of living of Kazakh citizens. They demanded economic, social, and–more importantly–political reforms, ranging from a full parliamentary system with an executive prime minister to simply a return to the previous 1993 constitution that retained stronger
checks and balances The separation of powers principle functionally differentiates several types of state power (usually law-making, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishabl ...
. President Tokayev initially did little to appease the demonstrations, encouraging the public not to disturb public order and instructing the government to examine the growing situation in Zhanaozen. However, the protests eventually erupted into unrest in Almaty, with violent confrontations between demonstrators and the police. Tokayev had pleaded for calm during a televised address where he announced that all legitimate demands by the protesters would be considered and urged the public not to succumb to provocations. With the protests seemingly continuing unabated, Tokayev enacted a nationwide
state of emergency A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
and sacked the
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
led by Prime Minister
Asqar Mamin Asqar Uzaqbaiuly Mamin (, ; born 23 October 1965) is a Kazakh politician and economist who served as the Prime Minister of Kazakhstan from 2019 to 2022, resigning due to pressure from the 2022 Kazakh unrest. He served as First Deputy Prime Minis ...
. Tokayev also dismissed former president Nazarbayev from his leading role as the Security Council chairman, centralizing power in his person. Tokayev then suppressed the riots with government and allied
Collective Security Treaty Organization The Collective Security Treaty Organization (CSTO, ) is an Intergovernmental organization, intergovernmental military alliance in Eurasia consisting of six post-Soviet states: Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, and Tajikistan. Th ...
(CSTO) troops, leaving official estimates of hundreds dead and over $2 billion worth of damages. In the aftermath, President Tokayev addressed the lower house of the legislature, the Mazhilis, on 11 January 2022. He announced a new package of political reforms that would be prepared "on the basis of a broad and constructive dialogue with civil society and experts," and be presented in the upcoming annual State of the Nation Address originally intended for September 2022. Tokayev later during a meeting with foreign ambassadors in February 2022 reiterated that he would not seek "revenge or polarisation" for the unrest and that his administration would implement "large-scale political and economic reforms". Despite Tokayev's conciliatory remarks, the
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
continued to report numerous cases of prison torture, ill-treatment and custody deaths towards both Kazakh protestors and bystanders.


Legislative drafting of the amendments

Kazakh society widely discussed possible reforms that President Tokayev could propose. Prominent political scientists, politicians and public figures suggested changes to the structure of the parliament, the electoral system, and the role of opposition parties. On 29 January 2022, in an interview with
Khabar Agency The Khabar Agency (KA) (, ; ) is a major media outlet in Kazakhstan. It was established in 1995, known originally as the National Television News Agency (Khabar is ''News'' in Kazakh). It is currently one of the largest networks in the country, a ...
, President Tokayev revealed that he was "seriously thinking" about reforming "parliamentary and party system" in Kazakhstan and hoped to serve as a "magnet that brings different social and political forces to a common mark on their position". In early February 2022, it was reported that President Tokayev would unveil a package of political reforms in an earlier scheduled State of the Nation Address around mid-March. Indeed, Tokayev's 16 March speech to Parliament described a series of constitutional amendments to democratize Kazakhstan where he proposed: * Revising the powers of the president with a transition from a super-presidential system to a presidential republic with a strong Parliament; * Prohibit the president from holding membership in any political party while holding office, and to prohibit
akim An ''akim'' (, , әкімдер / ''äkimder''; ; , ) is the head of a local government in Kazakhstan and Kyrgyzstan. ''Akim'' is derived from the Arabic word '' hakim'', which means "ruler" or "governor". Definitions Kazakhstan In Kazakhs ...
s and their deputies from holding positions in the party's branches; * Prohibit judges, representatives of the
Central Election Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
, the state auditing committee, military personnel, and employees of national security and law enforcement agencies from holding membership in any political party or endorsing any political party; * Prohibit the president from overriding the orders of akims of
oblasts An oblast ( or ) is a type of administrative division in Bulgaria and several post-Soviet states, including Belarus, Russia and Ukraine. Historically, it was used in the Russian Empire and the Soviet Union. The term ''oblast'' is often translated i ...
, major cities, or the capital; * A ban on the incumbent president's nearest relatives on holding top-level state positions; * Reducing the number of seats appointed by the president in the
Senate of Kazakhstan The Senate of Kazakhstan (, ''Қазақстан Парламентінің Сенаты'', ) is the upper house of two chambers in Kazakhstan's legislature, known as the Parliament (''Parlamenti''). The Senate is composed of elected members: ...
from 15 to 10 members, and increasing the number of seats in the chamber from 49 to 54, with the extra five seats being decided by the
Assembly of People of Kazakhstan The Assembly of People of Kazakhstan () is a national political body in Kazakhstan consisting of delegates of the Regional Assemblies of the People. Its task is to represent the various ethnic groups that make up the Central Asian state at nation ...
, as their guaranteed nine-seat presence in the lower house Mazhilis would be abolished; * Reducing the number of members in the Mazhilis from 107 to 98; * Reducing the powers of the Senate in drafting laws; * Transition from full
proportional representation Proportional representation (PR) refers to any electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to political divisions (Political party, political parties) amon ...
to a
mixed-member majoritarian representation Mixed-member majoritarian representation (MMM) is type of a mixed electoral system combining winner-take-all and proportional methods, where the disproportional results of the winner-take-all part are dominant over the ''proportional'' compon ...
electoral system, with 70% of Mazhilis MPs elected proportionally from party-lists and the remaining 30% from single-member electoral districts; * Direct elections of akims of major cities and the capital (although candidates will be chosen by the president); * Presidential appointments of akims of oblasts will be subject to a vote of the regional assembly; * Creation of three new oblasts (ultimately performed by presidential decree outside the referendum process); and * Reestablishment of the Constitutional Court. Tokayev's proposals were met with mixed reactions in public society and on social media. Some welcomed lesser presidential dominance in politics while others reiterated that newly announced reforms are simply "cosmetic" and would bring no rapid changes to Kazakhstan's political system, noting that Tokayev would still retain many of the existing executive powers. U.S. diplomat
Uzra Zeya Uzra Zeya is an American diplomat who had served as the under secretary of state for civilian security, democracy, and human rights in the Biden administration. She is the current President and CEO of Human Rights First. Early life and educat ...
, serving as an Under-Secretary for Civilian Security, Democracy, and Human Rights, during a meeting with Foreign Affairs Minister Mukhtar Tleuberdi in an April 2022 visit to Nur-Sultan, welcomed the proposed changes and expressed the United States' interest in assisting Kazakhstan on the full implementation of Tokayev's reforms. On 22 April 2022, President Tokayev at a cabinet meeting announced that he had submitted the prepared amendments made by the working group to the Constitutional Council for a review, touting that well-known legal scholars, the Commissioner for Human Rights, representatives of parliament and state bodies took part in the drafting of the newly constitutional amendments. From there, Tokayev called on legislators to promptly consider the laws at a joint meeting of the Parliament and expressed his support for all changes proposed by the working group.


Preparations

Following the State of the Nation Address in March 2022, President Tokayev ordered the creation of a working group led by his own administration deputy head Erjan Jienbaev on 28 March, which would oversee the development of proposals for amendments and additions to the Constitution of the Republic of Kazakhstan, with the group being instructed to form proposals within a month. Justice Minister Qanat Musin presented the National Plan, which included proposed changes to the Constitution that were brought up by Tokayev in an address with development of a draft being set for completion in April 2022. On 23 February 2022, Senate chairman
Mäulen Äşimbaev Maulen Sagatkhanovich Ashimbayev (, , , born 28 January 1971) is a Kazakh politician who is serving as a member and chairman of the Senate of Kazakhstan. He served as the First Deputy Head of the Presidential Administration from 2019 to 2020, Assi ...
, in an interview with YouTube channel НеКурултай, commented on the work towards new reforms, and announced that the School of Analytics and Club of Young Experts–a platform formed under the Senate which assists in drafting bills–was working to bring about a
New Kazakhstan New Kazakhstan (; ) is a concept developed by President Kassym-Jomart Tokayev that represents a forward-looking national aspiration for progress, renewal, and modernization in various aspects of Kazakhstan's governance and society. It was first pro ...
. Äşimbaev asserted that the Senate will do "everything necessary" to support Tokayev's policies, including enact reforms. In response to Tokayev's State of the Nation Address, Äşimbaev called the main goals of constitutional reforms to "increase the involvement of citizens in decision-making processes at all levels and to improve the well-being of Kazakhstanis", pledging for the Senate to adopt laws after lawmakers hold discussions with experts and public figures, as well opinions made by citizens. Chairman of the lower house Mazhilis,
Erlan Qoşanov Erlan Jaqanūly Qoşanov (, ; born 14 August 1962), sometimes romanized as Yerlan Koshanov, is a Kazakh politician who is serving as the member and Chairman of the Mäjilis, chairman of the Mäjilis since 2022. Prior to that, he served as the Pres ...
, called on all MPs to join the work on implementing constitutional changes, noting the importance of individual legislators' initiative in drafting amendments. He also suggested for the Mazhilis become a platform for dialogue with the public and government agencies, beyond just the State of the Nation address.


Controversial proposals


Elbasy status

After the January 2022 unrest revealed that
Nursultan Nazarbayev Nursultan Abishuly Nazarbayev (born 6 July 1940) is a Kazakhstani politician who served as the first president of Kazakhstan from 1991 to 2019. He also held the special title of Elbasy from 2010 to 2022 and chairman of the Security Council of ...
's public reputation had decayed, Parliament on 2 February 2022 voted to strip the powers Nazarbayev had retained after resigning as president, including lifetime chairmanship of Security Council and the Assembly of People, as well as veto power over important areas of domestic and foreign policies. Despite the legislation, Nazarbayev retained the right to address parliament and attend government meetings when discussing important issues, as well as sessions of the Constitutional Council. He also controversially retained the status of "Elbasy" ("leader of the nation"), a constitutional law originally adopted in 2000, which granted him and his family a special immunity from prosecution in a 2010 amendment. Mazhilis chairman Erlan Qoşanov refused to change the import of Elbasy status, and Justice Minister Qanat Musin in April 2022 also dismissed any possibilities for the ministry itself to amend the law, noting that the decision would be left up to parliamentarians. On 25 April 2022 during the briefing of the Central Communications Service, Ermek Äbdirasylov, a working group member for the constitutional reforms, suggested to introduce a new special title on former president Nazarbayev as the "founder of independent Kazakhstan" in which he insisted that it would be "enshrined in the Constitution". This proposal sparked huge backlash among critics and public figures; most notably,
Olzhas Suleimenov Olzhas Omaruly Suleimenov (, ''Oljas Omarūly Süleimenov''; , ''Olzhas Omarovich Suleymenov'') is a Kazakh Russian-language poet, Turkologist, politician, and anti-nuclear activist. Life Suleimenov was born to a Muslim family as the son of Om ...
argued that Nazarbayev wasn't solely responsible for Kazakhstan's independence and that its sovereignty instead was automatic following the
dissolution of the Soviet Union The Soviet Union was formally dissolved as a sovereign state and subject of international law on 26 December 1991 by Declaration No. 142-N of the Soviet of the Republics of the Supreme Soviet of the Soviet Union. Declaration No. 142-Н of ...
in 1991. On 27 April, Mazhilis chairman Erlan Qoşanov announced that the law "On the First President of the Republic of Kazakhstan – Elbasy" will be fully abolished and that Nazarbayev would remain as the "founder of independent Kazakhstan", although not ruling out that the proposal will be taken into account by opinion of the population. On 4 May 2022, State Secretary
Erlan Karin Erlan Tynymbaiuly Qarin (; born on 26 May 1976 in Aksukent, Sayram District) is a Kazakh politician who is the current State Counsellor of Kazakhstan. He was born on May 26, 1976, in the village of Aksukent, and comes from the Adai clan of t ...
revealed that some members of the working group for the constitutional reforms had reversed its decision in granting Nazarbayev a newly proposed status. According to Karin, the working group considered it "unnecessary" to tether "Nazarbayev's historical role" to the Constitution, and would not mention Nazarbayev in the document. Marat Bäşimov, Director of the European Institute of Human Rights and a working group member, described the choice to remove Nazarbayev's proposed special status as due to "very serious public controversy" and that it did not merit "a special legal consolidation," acclaiming the working group's decision as "a democratic direction of the state of constitutional reform."


Official derecognition of the Russian language

On 1 May 2022,
Ak Zhol Democratic Party The Aq Jol (, ), officially the "Aq Jol" Democratic Party of Kazakhstan (, ) is a liberal-conservative political party in Kazakhstan. The Aq Jol is led by Azat Peruaşev, a deputy of the Mäjilis. The Aq Jol party was formed in early 2002, afte ...
MP Qazybek Isa allegedly suggested during a parliamentary inquiry "On the State Language" to exclude Russian and leave Kazakh as the sole recognised official language of Kazakhstan. Isa stated that 36 lawmakers favoured the proposed change and claimed that not having the knowledge of a native language makes a person "spiritually disabled", using Japan as example of a developed country where children learn the native Japanese language. He also assessed that the claims of poor performance in Kazakh-speaking schools were a myth; on the contrary, most participants in international olympiads attend those schools. That same day, a video surfaced online showing Isa along with other legislators meeting with parents of schoolchildren in Nur-Sultan, where they attempted to convince them to make their children study only in Kazakh. In a written response on Facebook to reports which quickly gained traction, Isa insisted that his statements were taken out of context and that his proposed intention was only to strengthen the current use of Kazakh in public. Furthermore, in an interview to ''KazTAG'', Isa reiterated that his remarks on excluding Russian referred to invalidating the 2011 " Letter 138" proposal. Although Isa had been part of drafting that proposal, and had reproposed it as recently as in 2019. Ak Zhol party chairman
Azat Peruashev Azat (; plural ազատք ''azatkʿ'', collective ազատանի ''azatani'') was a class of Armenian nobility; the term came to designate the middle and lower nobility originally, in contrast to the '' naxarark'' who were the great lords. From ...
cited the controversy as an example of "how fakes appear", later saying that "Russian-speaking people have no problems with appeals to state bodies. I tell you this myself as a Russian-speaking Kazakh." Isa's remarks nevertheless prompted wide discussion on social media regarding the use of Russian in Kazakhstan. Ziyabek Qabuldinov, a doctorate of historical sciences, argued in favour of teaching Kazakh to ensure its linguistic vitality. Qabuldinov did not address whether Russian was widely used in public spheres because the Kazakh language is not fully developed enough to describe everyday life.


Calls for a Republican Referendum

In Kazakhstan, a constitutional referendum is defined as a Republican Referendum (). Republican Referenda are defined in a special section ("On Republican Referenda") of the 1995 Constitution, which describes them as:Eligibility is determined by Article 5 of "On Republican Referenda," which states that any
citizen Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality ...
of the Republic of Kazakhstan who is at least 18 years or older and has not been declared incapable by the judicial court nor kept in confinement under the court's sentence may participate in the referendum on an equal basis.


Announcement

Article 10 of the Constitutional Law "On Republican Referenda" states that the right in calling a Republican Referendum is reserved only to the president of Kazakhstan, although Parliament, government officials, or at least 200,000 citizens representing all regions of the republic can request the president hold such a referendum. In Article 17, the president is entitled to either call a referendum as requested, makes changes and additions to the Constitution without conducting a referendum, or fully reject the proposed amendments, which may be overridden in a fourth-fifths majority vote by both houses of the Parliament. On the eve of the People's Unity Day during the 31st Session of the
Assembly of People of Kazakhstan The Assembly of People of Kazakhstan () is a national political body in Kazakhstan consisting of delegates of the Regional Assemblies of the People. Its task is to represent the various ethnic groups that make up the Central Asian state at nation ...
held on 29 April 2022, President Tokayev proposed to hold a nationwide referendum on drafted amendments to the Constitution for the first time since
1995 1995 was designated as: * United Nations Year for Tolerance * World Year of Peoples' Commemoration of the Victims of the Second World War This was the first year that the Internet was entirely privatized, with the United States government ...
. According to Tokayev, the reasoning in holding a direct suffrage was due to "large-scale and significant changes" that would determine Kazakhstan's future upon the ratification of the constitutional amendments, adding that it would present a " vivid demonstration of the will of the people". He also reminisced that this would be the first Republican Referendum. Dmitry Fetisov, a Russian political scientist from ''Izvestia'', suggested that Tokayev decided to hold a referendum to compete with neighbouring Uzbekistan for Western approval and that a direct vote by the citizens on amending the constitution would solve several problems in "changing the structure of clans in the republic". While other Kazakh political experts suggested that the reasoning for a referendum was due to Tokayev's distrust of the Parliament. Many political parties welcomed the decision to hold a Republican Referendum. Senator and chairman of the
Auyl People's Democratic Patriotic Party The Auyl Party (; lit. 'Aul, Village', , ') is a political party in Kazakhstan. It was originally founded by Gani Qaliev on 30 January 2000 before eventually merging with the Party of Patriots of Kazakhstan on 5 September 2015. The party is curre ...
Äli Bektaev described the move as a "right and just decision in terms of legal, political equality and even national security."
Azat Peruashev Azat (; plural ազատք ''azatkʿ'', collective ազատանի ''azatani'') was a class of Armenian nobility; the term came to designate the middle and lower nobility originally, in contrast to the '' naxarark'' who were the great lords. From ...
, member of the Mazhilis and
Ak Zhol Democratic Party The Aq Jol (, ), officially the "Aq Jol" Democratic Party of Kazakhstan (, ) is a liberal-conservative political party in Kazakhstan. The Aq Jol is led by Azat Peruaşev, a deputy of the Mäjilis. The Aq Jol party was formed in early 2002, afte ...
chairman, assessed that a referendum is "the only right step in a situation where the initiated political reforms need to unite the citizens of the republic and enlist the support of not only the parliament, but also the entire people of the country."
People's Party of Kazakhstan The People's Party of Kazakhstan is a Left-wing politics, left-wing Social democracy, social democratic political party in Kazakhstan, chaired by Ermūhamet Ertısbaev. The secretaries of the central committee are Turgyn Syzdyqov, Gauhar Nugmano ...
MP Erlan Smaiylov said that every Kazakh citizen would be "involved in historical changes towards real
democratisation Democratization, or democratisation, is the structural government transition from an authoritarian government to a more democratic political regime, including substantive political changes moving in a democratic direction. Whether and to what ...
." Mazhilis chairman and newly elected leader of the ruling Amanat (formerly Nur Otan) party
Erlan Qoşanov Erlan Jaqanūly Qoşanov (, ; born 14 August 1962), sometimes romanized as Yerlan Koshanov, is a Kazakh politician who is serving as the member and Chairman of the Mäjilis, chairman of the Mäjilis since 2022. Prior to that, he served as the Pres ...
called Tokayev's suggestion a "historical decision that has been thoroughly analyzed", stressing the importance of the public taking part the referendum.


Parliamentary vote

First phase (4 May 2022) On 4 May, the lower house Mazhilis held a hearing regarding holding of a referendum on the constitutional amendments. All 98 MPs voted to support the proposed draft amendments. According Mazhilis chairman Erlan Qoşanov stated that the bill would not change the "content of the law on the referendum", asserting that the amendments have "a clarifying nature"; MP Berik Bekjanov explained that the bill was necessary "to unite the forms of ballots used in the referendum". Second phase (5 May 2022) The Senate, on 5 May, returned the bill to the Mazhilis; Senator Andrey Lukin explained that the unacceptable provisions regarded former president Nursultan Nazarbayev's status, which the Senate believed could not be questioned in a Republican Referendum. In the Senate's view Republican Referenda could only change "the independence of the state, the unitary and territorial integrity of the republic, the form of its government, rthe fundamental principles of the republic's activities." Following the Senate's motion, the Mazhilis in held a second hearing where 96 MPs unanimously to proceed with the Senate proposal.


Enactment

In accordance with Article 18 of the Constitutional Law "On Republican Referenda", a decision to hold a referendum is established by a presidential decree, which sets the date for the vote, the issue(s) included in referendum and its consequences. The wording of a draft to the Constitution, the Constitutional Law, as well as its amendments are then subsequently published in mass media. The date for holding a referendum is denoted in Article 19 which stipulates that the vote must be conducted no earlier than one month and no later than three months after the decree. The Article also provides exceptional cases where the president may establish other terms for the referendum to be conducted. Chairman of the Mazhilis Committee on Legislation and Judicial and Legal Reform Arman Qojahmetov forecast Sunday, 5 June 2022 as a feasible date for the referendum. On 5 May 2022, President Tokayev recognized the parliamentary bill proposing new amendments and signed a decree setting 5 June 2022 as the date for the Republican Referendum to be held. The 1–3-month constitutional restriction had limited his options to 5 June (at the earliest) and 5 August (at the latest). In a televised address on the day of signing the decree, Tokayev stated that the amendments to the Constitution would mark "a new stage in the development" of Kazakhstan, urging everyone to take part in the "historic event" that would define the future of Kazakhstan and its generations, reaffirming the commitment in building a
New Kazakhstan New Kazakhstan (; ) is a concept developed by President Kassym-Jomart Tokayev that represents a forward-looking national aspiration for progress, renewal, and modernization in various aspects of Kazakhstan's governance and society. It was first pro ...
. From there, Tokayev outlined the changes that would be included in the Constitution.


Ballot question

Under President Tokayev's enacted decree "On holding a Republican Referendum on 5 June 2022", the referendum question would appear on a ballot both in Kazakh and Russian. The full details of the decree as well as the final draft of the law "On Amendments and Additions to the Constitution of the Republic of Kazakhstan" would be published in mass media the following day (on 6 May 2022). The final draft proposed a total of 56 amendments to 33 articles of the Kazakh constitution, amounting to one-thirds of the changes in the entire document. Regarding having a one single question on a ballot for all amendments, Vice Minister of Justice
Alma Mūqanova Alma or ALMA may refer to: Arts and entertainment * ''Alma'' (film), a 2009 Spanish short animated film * ''Alma'', an upcoming film by Sally Potter * ''Alma'' (Oswald de Andrade novel), 1922 * ''Alma'' (Le Clézio novel), 2017 * ''Alma'' (p ...
argued that 56 individual ballots for each elector would be impractical, and stressed that the amendments were "closely intertwined and interrelated." Mūqanova suggested Kazakh citizens carefully consider themselves whether they are more for or against current norms and cast their vote based on their overall general opinion of the amendments.


Campaign

Campaigning officially began on 6 May 2022 — the moment the presidential decree was signed — and would last until 4 June, 12:00 local time, which would be followed by the day of silence before voting takes place. That same day, the
Central Election Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
(OSK) held a briefing whence OSK member
Anastasia Shchegortsova Anastasia (from ) is a feminine given name of Greek and Slavic origin, derived from the Greek word (), meaning "resurrection". It is a popular name in Eastern Europe. Origin The name Anastasia originated during the early days of Christianity ...
noted that during the campaign, anonymous social media posts, calls for instability, and instigation of violence remained illegal. According to the chairman of the Information Committee under the Ministry of Information and Social Development Qanat Ysqaqov, any forms of publication on state media, social media posts, as well as texts on instant messengers would be considered campaigning. On 17 May 2022, the Telegram channel coronavirus2020_kz, which previously published news and statistical data on the
COVID-19 pandemic The COVID-19 pandemic (also known as the coronavirus pandemic and COVID pandemic), caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), began with an disease outbreak, outbreak of COVID-19 in Wuhan, China, in December ...
, was unexpectedly renamed into REFERENDUM2022.KZ, sparking confusion among users and losing some followers for a brief period. The newly rebranded channel would be served as an SMS newsletter that would publish information regarding the constitutional referendum. During the campaign, several instances of misinformation regarding the proposed amendments and the conduct of the referendum sparked discussion on social media. These included calls for poll boycotts because voting would classify citizens as "plebeian" or "incapacitated" and hence transfer the right to vote to others, claims that the amendments would
expropriate Nationalization (nationalisation in British English) is the process of transforming privately owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization contrasts with priv ...
citizens' private property, claims that former president Nazarbayev and his family would be financially supported for life at taxpayer expense, and claims that Russian would be deprived as the state official language. These claims were all debunked by the
Ministry of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
and local fact-checkers.


In support

A national headquarters in support of the referendum was formed on 6 May 2022, which encompassed major public associations, industry associations and a number of political parties, specifically the
Ak Zhol Democratic Party The Aq Jol (, ), officially the "Aq Jol" Democratic Party of Kazakhstan (, ) is a liberal-conservative political party in Kazakhstan. The Aq Jol is led by Azat Peruaşev, a deputy of the Mäjilis. The Aq Jol party was formed in early 2002, afte ...
and
Auyl People's Democratic Patriotic Party The Auyl Party (; lit. 'Aul, Village', , ') is a political party in Kazakhstan. It was originally founded by Gani Qaliev on 30 January 2000 before eventually merging with the Party of Patriots of Kazakhstan on 5 September 2015. The party is curre ...
. Töleubek Muqaşev, chairing the headquarters, stressed that the amendments would help expand civic participation in Kazakhstani governance, provide effective mechanisms for the function of an "influential parliament", open the
mäslihat A Mäslihat (, ) is a local representative body (parliament) in Kazakhstan that is elected by a population of a region, district and city. Etymology The word mäslihat is derived from the Arabic مَصْلَحَة ('' maṣlaḥa''), meaning " ...
s (local assemblies) to citizens, and keep government officials accountable. Muqaşev claimed that the newly adopted changes to the constitution would lead to the development of "political pluralism and a competitive democratic environment" and that the organisation would campaign in all regions of Kazakhstan including remote parts of the country as well. While visiting neighbouring
Kyrgyzstan Kyrgyzstan, officially the Kyrgyz Republic, is a landlocked country in Central Asia lying in the Tian Shan and Pamir Mountains, Pamir mountain ranges. Bishkek is the Capital city, capital and List of cities in Kyrgyzstan, largest city. Kyrgyz ...
, President Tokayev at a 26 May 2022 press conference after meeting Kyrgyz President
Sadyr Japarov Sadyr Nurgojo uulu Japarov (born 6 December 1968) is a Kyrgyzstani politician, diplomat, and oligarch who has been serving as the sixth president of Kyrgyzstan since 28 January 2021. He previously served as the 22nd prime minister in the 2020 ...
emphasised that the referendum would mark a historic event for Kazakhstan, contending that while the presidential system would be preserved, the role and influence of the Parliament would be "significantly strengthened" and the "opinions and voices" of Kazakh citizens heard. Tokayev also pledged to not be endowed with "excessive powers and privileges". Former President
Nursultan Nazarbayev Nursultan Abishuly Nazarbayev (born 6 July 1940) is a Kazakhstani politician who served as the first president of Kazakhstan from 1991 to 2019. He also held the special title of Elbasy from 2010 to 2022 and chairman of the Security Council of ...
in an interview with political scientist Daniar Äşimbaev, announced his intention to take part in the referendum, reminiscing that the Constitution is not "a frozen legal instrument, but a viable mechanism that reflects the life of Kazakhstan's society and the changes that are taking place there." Nazarbayev expressed his support for President Tokayev's proposed amendments, stating that "every generation has the right to amend the Constitution of the Father's Law" as a requirement for "the times and contributes to the progress and democratic development of society." Nazarbayev also noted that he transferred his presidential post to Tokayev as a personal decision and has in past actively supported his efforts "to reform and further develop" Kazakhstan and would continue in doing so. On 1 June 2022, speaking at the session of the National Academy of Sciences, Tokayev assured that the changes to the Constitution would not "prolong his power" for term of office as president in the way that Russian President
Vladimir Putin Vladimir Vladimirovich Putin (born 7 October 1952) is a Russian politician and former intelligence officer who has served as President of Russia since 2012, having previously served from 2000 to 2008. Putin also served as Prime Minister of Ru ...
has used the
2020 Russian constitutional referendum A constitutional referendum was held in Russia between 25 June and 1 July 2020. President Vladimir Putin proposed the referendum during his address to the Federal Assembly on 15 January 2020. The draft amendments to the constitution were subm ...
to "reset" his presidential term limits. Instead, Tokayev would abide by his past pledge to serve no more than two presidential terms. He also promised that referendum would not be the "last stage of Kazakhstan's political transformation" and that the reforms would continue taking place in the country.


Political parties

Amanat At a meeting held on 6 May 2022, ruling Amanat party chairman
Erlan Qoşanov Erlan Jaqanūly Qoşanov (, ; born 14 August 1962), sometimes romanized as Yerlan Koshanov, is a Kazakh politician who is serving as the member and Chairman of the Mäjilis, chairman of the Mäjilis since 2022. Prior to that, he served as the Pres ...
expressed his support of the amendments as it would strengthen political competition and create new and equal opportunities for Kazakh citizens. According to Qoşanov, a national headquarters as well as 17 regional headquarters were established for the campaign. Ak Zhol Democratic Party On 29 April 2022, at the plenary session of the
Ak Zhol Democratic Party The Aq Jol (, ), officially the "Aq Jol" Democratic Party of Kazakhstan (, ) is a liberal-conservative political party in Kazakhstan. The Aq Jol is led by Azat Peruaşev, a deputy of the Mäjilis. The Aq Jol party was formed in early 2002, afte ...
National Council, party chairman
Azat Peruashev Azat (; plural ազատք ''azatkʿ'', collective ազատանի ''azatani'') was a class of Armenian nobility; the term came to designate the middle and lower nobility originally, in contrast to the '' naxarark'' who were the great lords. From ...
noted that President Tokayev's proposed constitutional changes incorporated Ak Zhol's political programme, especially a ban on officials holding party membership as well as the revision of legislators' privileges. People's Party of Kazakhstan In a written statement published on 6 May 2022, the
People's Party of Kazakhstan The People's Party of Kazakhstan is a Left-wing politics, left-wing Social democracy, social democratic political party in Kazakhstan, chaired by Ermūhamet Ertısbaev. The secretaries of the central committee are Turgyn Syzdyqov, Gauhar Nugmano ...
(QHP) called for nationwide support for the constitutional reforms by voting "Yes" on amendments. It declared that the proposed initiatives and political modernisation schemes are consistent with the QHP's ideology and programme, particularly the party's aim to make Kazakh citizens the nation's "owners of land and natural resources". The party also noted that a direct vote for amendments to the Constitution would demonstrate "unity and cohesion" in the aftermath of
2022 Kazakh unrest The 2022 Kazakh unrest, also known as January Events, Bloody January, or the January Tragedy, was a series of Political demonstration, mass protests and Civil disorder, civil unrest that began in Kazakhstan on 2 January 2022 after a sudden ...
to build a New Kazakhstan. Auyl People's Democratic Patriotic Party The
Auyl People's Democratic Patriotic Party The Auyl Party (; lit. 'Aul, Village', , ') is a political party in Kazakhstan. It was originally founded by Gani Qaliev on 30 January 2000 before eventually merging with the Party of Patriots of Kazakhstan on 5 September 2015. The party is curre ...
chairman Äli Bektaev has repeatedly expressed support for President Tokayev's "cardinal constitutional, political and economic reforms", most notably being his New Kazakhstan policy, claiming that the proposed amendment in changes towards the
mixed-member majoritarian representation Mixed-member majoritarian representation (MMM) is type of a mixed electoral system combining winner-take-all and proportional methods, where the disproportional results of the winner-take-all part are dominant over the ''proportional'' compon ...
electoral system would "accelerate the process of democratisation". In meeting with
Soviet–Afghan War The Soviet–Afghan War took place in the Democratic Republic of Afghanistan from December 1979 to February 1989. Marking the beginning of the 46-year-long Afghan conflict, it saw the Soviet Union and the Armed Forces of the Democratic Republic o ...
veterans in
Shymkent Shymkent (, ; ) is a city in southern Kazakhstan, located near the border with Uzbekistan. It holds the status of a city of republican significance, one of only three cities in Kazakhstan with this distinction, alongside Almaty and Astana. As of ...
on 7 May 2022, Bektaev openly called on people to show up and vote "Yes" in the referendum as it would mark the "importance and responsibility" in the first step of a new history of Kazakhstan.


Public organisations and NGOs

Kazakhstan Institute of Social Development Läzat Nurqatova, head of the Strategic Analysis Group of the NJSC Kazakhstan Institute of Social Development, stated that a vote for amendments would form a "new, more effective and balanced model of relations between the state and society" where Kazakh citizens would have a legal opportunity and the right to influence the policies enacted by the state. Veterans' Organisation On 19 May 2022, in a meeting with President Tokayev, former Mazhilis chairman and head of the Veterans Organisation NGO
Baktykozha Izmukhambetov Baqtyqoja Salahatdinūly Izmuhambetov (, ''Baqtyqoja Salahatdinūly Izmūhambetov''; born 1 September 1947) is a Kazakh politician who is currently serving as a Member of the Mäjilis since March 2023 from the Amanat party. Izmuhambetov used to s ...
announced that a headquarters within the organisation was formed in support of the referendum which would carry out work in explaining the meaning of amendments to the Constitution and ensuring active participation in the vote.


Criticism of the amendments and referendum

Although constitutional changes had been long advocated by opposition movements, most refrained from endorsing the vote. Instead, they criticised it for the way it was conducted and the timing, by not allowing for citizens to directly form proposals, lack of broad discussions regarding the changes, as well as having the proposed amendments drafted by the Kazakh government itself. According to ''Vlast.kz'', the purpose of a referendum would not bring "a new political subjectivity" for Kazakhstan, but instead simply allow for President Tokayev to acquire legitimacy in the same way as his predecessor Nazarbayev.
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
(HRW) expressed concern regarding the time frame of the referendum which greatly limited public consultations and debates about the proposed amendments. HRW also believed that simply strengthening the human rights commissioner status and the establishment of a Constitutional Court were insufficient changes to ensure proper maintenance of
human rights in Kazakhstan Human rights in Kazakhstan are uniformly described as poor by independent observers. Human Rights Watch says that "Kazakhstan heavily restricts freedom of assembly, speech, and religion. In 2014, authorities closed newspapers, jailed or fined d ...
. The HRW advised the Kazakh government to postpone the vote for a broader consultation before the proposals are put before the electorate. On 30 May 2022,
Current Time TV Current Time TV () is a Russian-language television channel with editorial office in Prague, created by the US organisations Radio Free Europe/Radio Liberty and Voice of America. Mission The channel – via RFE/RL – is funded throug ...
reported that a press briefing held by several civil activists called for Kazakh citizens to boycott the referendum, citing lack of explanatory work done by the Kazakh authorities, describing Tokayev's proposed changes to the constitution as "ostentatious" and suggesting for the money allocated for the vote to be instead spent on raising pensions and solving housing issues in Kazakhstan, which they deemed "problems that are closer to the people".


Opposition movements and associations

On 18 May 2022, representatives of the Ult Tagdyry, Halyqaralyq Atajurt Jastary, and Muqalmas associations along with civil activists appealed to President Tokayev to postpone the referendum for three months, citing the need to allow for public discussions to take place, an absence of independent experts in the composition of the amendment commission, as well the dissolution of several existing composition of state bodies that would ensure political reforms are taking place. "Oyan, Qazaqstan!" Dimaş Äljanov, a political scientist and activist of the "Oyan, Qazaqstan!" movement, assessed President Tokayev's pledge in reducing his executive powers as an "empty promise", claiming that he would retain all the powers of former president Nazarbayev. Äljanov described the amendments to the Constitution as an "whitewashed facade" with "no political significance" and warned that if Kazakhstan's political system remains closed and undemocratic then it would potentially face more upheaval until its governing system fully collapses, citing the example of former Soviet states of Moldova, Ukraine and Georgia, claiming that Kazakhstan had "passed the second round in the chain".


Observation

In a meeting held on 6 May 2022, the Central Election Commission (OSK) adopted a resolution allowing foreign states and international organisations to monitor the conduct of the referendum. According to the resolution by the OSK, the observers may participate in poll watching at the invitation by the chairman of the Central Referendum Commission and Foreign Affairs Minister Mukhtar Tleuberdi, who established a headquarters for international observation. The accreditation period would last until 18:00 on 30 May 2022, five days before polls open. On 18 May 2022, the first 39 foreign observers were accredited by the OSK from the
Commonwealth of Independent States The Commonwealth of Independent States (CIS) is a regional organization, regional intergovernmental organization in Eurasia. It was formed following the dissolution of the Soviet Union, dissolution of the Soviet Union in 1991. It covers an ar ...
,
Organization of Turkic States The Organization of Turkic States (OTS), formerly called the Turkic Council or the Cooperation Council of Turkic Speaking States, is an intergovernmental organization comprising all but one of the internationally recognized Turkic languages, Tur ...
,
CIS Interparliamentary Assembly The Interparliamentary Assembly of Member Nations of the Commonwealth of Independent States (IPA CIS) is a parliamentary assembly for delegations from the national parliaments of the member countries of the Commonwealth of Independent States (CI ...
, as well as from the countries of Azerbaijan, Belarus, Bulgaria, Georgia, and Moldova. By the end of the accreditation work on 30 May, a total of 258 observers from international organisations and foreign states were accredited by the OSK, these included: * CIS Observer Mission – 30 * CIS Interparliamentary Assembly – 40 * Parliamentary Assembly of the
Collective Security Treaty Organization The Collective Security Treaty Organization (CSTO, ) is an Intergovernmental organization, intergovernmental military alliance in Eurasia consisting of six post-Soviet states: Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, and Tajikistan. Th ...
– 8 * Mission of Observers from the
Shanghai Cooperation Organisation The Shanghai Cooperation Organisation (SCO) is a Eurasian politics, political, economy, economic, international security and Defence (military), defence organization of ten member states. It was established in 2001 by the China, People's Republic ...
– 17 * Mission of the Parliamentary Assembly of Turkic-Speaking Countries – 20 *
Organisation of Islamic Cooperation The Organisation of Islamic Cooperation (OIC; ; ), formerly the Organisation of the Islamic Conference, is an intergovernmental organisation founded in 1969. It consists of Member states of the Organisation of Islamic Cooperation, 57 member s ...
– 4 *
Conference on Interaction and Confidence-Building Measures in Asia The Conference on Interaction and Confidence-Building Measures in Asia (CICA) is an inter-governmental forum for enhancing cooperation towards promoting peace, security and stability in Asia. It is a forum based on the recognition that there i ...
and the International Turkic Academy – 3 As well as the rest of 28 observers from the foreign states of Armenia, Japan, Kyrgyzstan, Latvia, Hungary, the Netherlands, Sweden, Tajikistan, Turkey, the United Kingdom and Uzbekistan.


OSCE

The
Office for Democratic Institutions and Human Rights The Office for Democratic Institutions and Human Rights (ODIHR) is the principal institution of the Organization for Security and Cooperation in Europe (OSCE) dealing with the "three generations of human rights, human dimension" of security. The O ...
(ODIHR) under the
Organization for Security and Co-operation in Europe The Organization for Security and Co-operation in Europe (OSCE) is a regional security-oriented intergovernmental organization comprising member states in Europe, North America, and Asia. Its mandate includes issues such as arms control, the p ...
(OSCE) undertook a Needs Assessment Mission (NAM) from 11 to 13 May 2022 with the mission in assessing the pre-referendum environment and preparations for the vote. During that time, meetings were held with officials from state institutions, representatives of media, civil society, and the international community. The ODIHR NAM in a report published on 19 May, noted that the referendum campaign was driven mainly by MPs and representatives of other state institutions with no other opposing groups calling for a "No" vote. Some NAM representatives expressed mistrust over whether the state institutions were conducting "a balanced campaign in a free and fair manner". Due to the short time between announcement of the referendum and voting day, the ODIHR NAM suggested the deployment of a Referendum Assessment Mission (RAM) rather than an observation mission. On 24 May, the ODHIR opened its mission-based in
Nur-Sultan Astana is the capital city of Kazakhstan. With a population of 1,423,726 within the city limits, it is the second-largest in the country after Almaty, which had been the capital until 1997. The city lies on the banks of the Ishim (river), Ishim ...
, with the aim of assessing the referendum under OSCE commitments as well as other international obligations and standards.


Opinion polls

From early May, polling was conducted regarding the views of Kazakh citizens on the referendum under state-owned firms of the Central Communications Service, Kazakhstan Institute for Strategic Studies, and Qoğamdyq Pikir across all regions of Kazakhstan through online surveys and phone calls. Official support for holding a nationwide vote on the constitutional amendments appeared to increase while campaigning period. Sociological and political experts interviewed by the
Radio Free Europe/Radio Liberty Radio Free Europe/Radio Liberty (RFE/RL) is a media organization broadcasting news and analyses in 27 languages to 23 countries across Eastern Europe, Central Asia, the Caucasus, and the Middle East. Headquartered in Prague since 1995, RFE/RL ...
were skeptical of the polls' accuracy, citing lack of independent pollsters (all legally accredited polling firms are run by the Presidential Administration), the statistical numbers for the polling results exhibiting little variation, and documented past cases of independent pollsters being prosecuted by the police in previously held Kazakh elections. The opinion polls for the referendum were accused of being used as a propaganda tool by the Kazakh government in an attempt to distort President Tokayev's popularity and form a public illusion for a preliminary outcome.


On holding a referendum

An overwhelming majority of Kazakh populace supported a referendum according to official polls, with several polling organizations stating that support for holding a referendum was correlated with support of proposed packaged of amendments as well.


In support of the proposed amendments


Taking part in the referendum

The number of Kazakh electorate willing to show up to the polls was marked with importance as the proposed amendments need to gather the absolute majority of all votes, including blank and invalid ones, on the national level as well as in two third of the 18 regions and autonomous cities, and a minimum turnout of 50% of registered voters for them to be adopted.


Exit polls

During voting day, exit polls were conducted outside of polling stations in which voters were asked were whether they voted for or against the amendments. Pollsters were refrained from telling the results of their surveys and submitted their digital reports to the firms before the exit polls were set to be officially published. At approximately midnight of 6 June, the exit polls were announced in media outlets covering the referendum which indicated that majority of Kazakh citizens had voted for changes in the constitution.


Conduct

On 5 June 2022 at 07:00 polling precincts were opened in Kazakhstan, beginning with the 12 regions in the eastern part of the country. By 08:00, the voting was taking place in all regions with 9,964 precincts functioning domestically and internationally. By 14:00, the voter turnout exceeded the required 50% threshold with 6,262,973 total ballots cast, fulfilling the validity
quorum A quorum is the minimum number of members of a group necessary to constitute the group at a meeting. In a deliberative assembly (a body that uses parliamentary procedure, such as a legislature), a quorum is necessary to conduct the business of ...
. With polls closing at 22:00, a total of 8,030,739 citizens had taken part in the vote with the total nationwide preliminary turnout rate being 68.44%.


COVID-19 measures

Since March 2022, the epidemiological situation of
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...
in Kazakhstan had remained stable as all regions in the country remained in the "green zone" with health restrictions that included quarantine rules, mandatory face masks and vaccine passports being lifted. Chief Sanitary Doctor of Kazakhstan and Vice Healthcare Minister Aijan Esmağambetova participating in a briefing of the Central Election Commission (OSK) on 6 May 2022, announced that the Ministry of Healthcare would prepare a separate resolution in regard to COVID-19 requirements for the referendum which would be made on a basis of the epidemiological situation development both nationally and regionally. In case of worsening of the infections, Esmağambetova suggested the possibility of introducing COVID-19 restrictions towards poll workers such as mandatory use of the Ashyq vaccine passport or documented evidence of vaccination and potential revaccinations, barring infected persons at the polling stations, as well as observation of face masking, social distancing and disinfecting. Nevertheless, Esmağambetova predicted that the epidemiological situation would be favourable on voting day. On 30 May 2022, a drafted resolution made under Esmağambetova was adopted at the OSK meeting which instructed regulating a group of referendum participants; maintaining social distance; preventing large crowds; ensuring uninterrupted operation of ventilation or air conditioning systems in the rooms; systematic ventilation of rooms in the absence of artificial ventilation; ventilatation and disinfection of rooms before and during voting. Esmağambetova stated the measures would help to maintain "a stable epidemiological situation in the country".


Voter registration

The lists of citizens entitled to participate in the vote for each polling station in their place of residence are submitted by the äkim (local head) to the Central Election Commission (OSK) by 15 May, and from 20 May, the inclusion in the voter list is reviewed by every citizen with the precinct referendum commission notifying the citizens of the time and place of voting before 25 May 2022. On 21 May 2022, the
Ministry of Foreign Affairs In many countries, the ministry of foreign affairs (abbreviated as MFA or MOFA) is the highest government department exclusively or primarily responsible for the state's foreign policy and relations, diplomacy, bilateral, and multilateral r ...
published a list of polling stations overseas in which 65 precinct commissions were formed in 52 countries. According to the Ministry, Kazakh citizens who have a right to vote, live or residing for private, official, business and tourist purposes in a foreign country and have valid citizenship passports can apply to of a citizen of the Republic of Kazakhstan, can apply to the diplomatic mission of Kazakhstan where a precinct commission was formed.


Absentee voting

At a 26 May 2022 meeting of the Central Election Commission, chairman
Nurlan Äbdirov Nūrlan Mäjitūly Äbdırov (; born 12 January 1961) is a Kazakh politician who is the chairman of the Central Election Commission (Kazakhstan), Central Election Commission of Kazakhstan. Prior to that, he was the Deputy Chairman of the Senate o ...
ruled that in the case of changing a place of residence, a citizen would be granted an absentee vote certificate by submitting a request to the precinct commission from 20 May to 4 June 2022 on 18:00. Receiving an absentee ballot is made under the attorney's powers without requiring a notarisation. Äbdirov noted that the absentee vote certificates are not issued to citizens willing to vote in other polling stations within the same locality.


Protests

Prior before polls were set to open, the US embassy located in Nur-Sultan on 3 June 2022 issued a security warning regarding of an anticipating protests by encouraging American citizens to carry appropriate identification in case of unreasonable suspicion or unprobeable search cause by the law enforcement and avoid observing or attending any demonstrations as they are prone to ending in mass violence and arrests, as well as warning of experiencing a potential limited or a complete internet outage. Several protests against referendum took place on voting day, with Darhan Şäripov, an activist of the "Oyan, Qazaqstan" movement being detained by the Almaty police after holding a single picket in
Arbat Arbat Street (, ), mainly referred to in English as the Arbat, is a pedestrian street about one kilometer long in the historical centre of Moscow, Russia. The Arbat has existed since at least the 15th century, which makes it one of the oldest ...
with signs written in both Cyrillic and Latin letters that read "Реконституция" ("Reconstitution") and "Qandy Qantar. 2022 жыл. Ұмытпаймыз" ("Bloody January. 2022. Let's not forget"). According to Şäripov, the proposed constitutional amendments are simply "semi-reforms" and not "political". Activists of the unregistered Democratic Party of Kazakhstan Inga Imanbai and Arujan Düisebaeva held a protest rally at the polling station No. 257 in Almaty, writing on their ballot papers to release party leader Janbolat Mamai from prison as well as calls for a criminal trial towards Nazarbayev. Both Imanbai and Düisebaeva marched to the Republic Square where they demanded the Kazakh authorities to publish a list of January 2022 unrest victims and the release political prisoners. Despite earlier warnings by the akimat (local executive branch) representative and the prosecutor regarding the illegality of the action, none of the activists were detained. Security measures were also spotted throughout the cities in Kazakhstan, specifically the location points where the opposition called for unsanctioned rallies to be held as heavy unexplained police presence including buses and paddy wagons cordoning off the public spaces. Other forms of protest used in the voting were spoiling ballots–a move that would invalidate the votes–in which advocates of the protest action stressed that marking "No" in the ballot paper would imply legitimacy of the referendum.


Voter intimidation

At a polling station No. 2529 in Almaty, Radio Free Europe/Radio Liberty reporters revealed several voters who were employees of state institutions taking photos to provide to their employers as evidence that they showed up and voted in the referendum. Other instance reported by the League of Young Voters of the Youth Information Service of Kazakhstan (MISK), which monitored the voting process in eight cities of Kazakhstan, documented cases of university students in fears of suspension forcefully instructed to "take a picture at the polling station and send it to the head."


Violations

During voting, several alleged cases of
electoral fraud Electoral fraud, sometimes referred to as election manipulation, voter fraud, or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share o ...
were reported. Independent observers witnessed irregularities across polling precincts such as restricted accesses including the prohibited use of taking photos and videos, unauthorised individuals at voting booths, uncertified voters being handed ballots, people casting votes more than once, as well as harassment of observers by unknown provocateurs. At polling station No. 59 in
Nur-Sultan Astana is the capital city of Kazakhstan. With a population of 1,423,726 within the city limits, it is the second-largest in the country after Almaty, which had been the capital until 1997. The city lies on the banks of the Ishim (river), Ishim ...
where President Tokayev himself voted, Radio Free Europe/Radio Liberty correspondents along with Channel 7 and Ulysmedia reported that they were denied entry for press coverage as Tokayev was answering journalists' questions and were only allowed inside after Tokayev had left. Elvira Äzimova, the Commissioner for Human Rights in Kazakhstan, at a briefing commented about rumours regarding the rules of voting in which she cited an audio message recorded by an unknown person that called on Kazakh citizens to request for 33 ballots each at the polling station and write on paper the norms that they disagree with the amendments. According to Äzimova, the intention was "a deliberate violation of civic activism and the intention to participate in the referendum", warning others that the move would invalidate peoples' votes and urging instead the public to trust state and civil society sources with the audio message perpetrator being held accountable.


False claims

A video supposedly showing a voter being given a disappearing ink pen at the polling booths to mark the ballot and then subsequently burning it with fire surfaced on social media in which Stopfake.kz, a fact checking website, dismissed it as being an old footage which first appeared in 2019 as it had notably gone viral previously in other countries. Other reported incidents were ballot box stuffing, with one video showing a group of people putting several ballots in the ballot box at once. The footage was revealed to be fake as it was instead confirmed to have actually taken place during the 2009 Kyrgyz presidential election.


Almaty Polling Station No. 2

In around afternoon of 5 June, a video recorded by an observer appeared on social media showing a woman who served as a member of the Referendum Commission at the polling station No. 2 in Almaty reportedly stuffing ballots into a box. According to Janna Asanova, chairman of the Almaty Territorial Election Commission, the members of the precinct where the incident took place denied any responsibility for themselves and in response were suspended until the circumstance of the situation would be evaluated. Asanova affirmed that the ballot box was sealed and removed from the precinct and that the subsequent ballots were thrown into a new box, not ruling out in the possibility of the votes inside the tampered stationary box would be declared invalid based on the assessments made by the law enforcement agencies and the Central Election Commission.


Results

On 5 June 2022 at 22:00 the
Central Election Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
(OSK) secretary Muqtar Erman announced that the Referendum Commission had begun counting votes and that the ballot counts by the Territorial Election Commissions (ASKs) had been received in electronic form. Preliminary results would be presented the following day. On 6 June at 08:00 the OSK at a briefing unveiled preliminary results, officially confirming that the proposed constitutional amendments were approved by the public with the preliminary results showing a 68.1% voter turnout, with an overwhelming majority of 77.2% (6,163,863 votes) casting "Yes" in favour of the amendments to the constitution while 18.7% (1,490,475 votes) were against. According to
Nurlan Äbdirov Nūrlan Mäjitūly Äbdırov (; born 12 January 1961) is a Kazakh politician who is the chairman of the Central Election Commission (Kazakhstan), Central Election Commission of Kazakhstan. Prior to that, he was the Deputy Chairman of the Senate o ...
, chairman of the OSK, the number of ballots in which both "Yes" and "No" were marked at once amounted to 1.58% (25,859 votes) were deemed as validly cast, but not included in the tabulated scores for "Yes" and "No", while the 2.58% (206,096 votes) were declared as invalid. Äbdirov noted that the ASKs must provide to the OSK the original protocols from each region within two days to summarise the final results that would be presented at a following briefing. At an OSK meeting held on 7 June 2022, the final results were published which showed the "Yes" choice winning majority of votes in all Kazakhstan's regions and that the amendments and changes to the constitution adopted in the referendum would come into force immediately upon the OSK announcement. The OSK also ruled that the results from the polling station No. 2 in Almaty where the administrative unit's 524 votes were excluded from the overall final vote count.


By region


Voter turnout


Aftermath

In the afternoon of 6 June 2022, President Tokayev addressed the nation following the referendum in which he proclaimed that Kazakhstan had entered "a new stage of development", claiming that the vote was held "at a high level" and "in full accordance with the democratic requirements" by dismissing any claims of coercion. Tokayev thanked the Kazakh public for participation and supporting the referendum as well as others and public organisations in explaining the proposed amendments to the Constitution, adding that the changes are not the final stage–but the beginning of new reforms in which he pledged to continue "comprehensive modernisation" by outlining future policies that would be pursued.


Reactions

The referendum received mixed reactions among various political scientists, analysts, critics, activists, journalists, and Kazakh citizens themselves with the general consensus being that the vote on constitutional changes was an attempt for Tokayev to consolidate his own political power. It was also viewed as a blow to former president Nursultan Nazarbayev's legacy as his grip of maintaining influence and power over the state came to an end with the removal of a constitutional title in being the "Elbasy" ("leader of the nation"), a move that could open doors for a potential criminal prosecution against him. According to political scientist Dosym Satpaev, the referendum served as a "mini-rehearsal of the upcoming presidential elections" set to take place in 2024 for the Kazakh government to actively promote
New Kazakhstan New Kazakhstan (; ) is a concept developed by President Kassym-Jomart Tokayev that represents a forward-looking national aspiration for progress, renewal, and modernization in various aspects of Kazakhstan's governance and society. It was first pro ...
policy made by Tokayev. In Satpaev's opinion, the amendments would not eliminate current imbalance between the branches of government as Tokayev sought to increase his legitimacy specifically after the January 2022 unrest. Luca Anceschi, professor of Eurasian Studies at the
University of Glasgow The University of Glasgow (abbreviated as ''Glas.'' in Post-nominal letters, post-nominals; ) is a Public university, public research university in Glasgow, Scotland. Founded by papal bull in , it is the List of oldest universities in continuous ...
, pointed out that the previous 1995 constitutional referendum was "a power consolidation tool" under President Nazarbayev and that the case would remain under Tokayev's Kazakhstan as well. In a written article to The Loop under
European Consortium for Political Research The European Consortium for Political Research (ECPR) is a scholarly association that supports and encourages the training, research and cross-national cooperation of many thousands of academics and graduate students specialising in political sci ...
, Bakhytzhan Kurmanov, an assistant professor at the International School of Economics in KazGUU University, feared that Tokayev's reforms would prefigure Kazakhstan's democratisation and lead to an emergence of an IT-backed authoritarianism in the country, citing the use of massive digital campaign by the Kazakh government during the referendum. In Kamran Bokhari's editorial to ''
The Wall Street Journal ''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
'', he described the referendum as a "step toward democracy" for Kazakhstan, suggesting for the United States and Europe as well to welcome and encourage the trajectory as Kazakhstan's "prospective transformation is in keeping with Western values" that is in line "with American strategic interests in dealing with Russia and China". Bokhari assessed that a Western support would enhance Kazakhstan's stability and further promote American interests in Central Asia.


International

Organisations * – In a meeting with President Tokayev on 9 June, UN Deputy Secretary-General Amina Mohamed welcomed Tokayev's large-scale reforms and congratulated him in holding of the referendum. Foreign states * – Foreign Minister and State Councilor
Wang Yi Wang Yi ( zh, s=王毅, p=Wáng Yì; born 19 October 1953) is a Chinese diplomat and politician who has been serving as Director of the Chinese Communist Party (CCP) Central Committee Foreign Affairs Commission Office since January 2023, and ...
on the behalf of greetings and congratulations of President
Xi Jinping Xi Jinping, pronounced (born 15 June 1953) is a Chinese politician who has been the general secretary of the Chinese Communist Party (CCP) and Chairman of the Central Military Commission (China), chairman of the Central Military Commission ...
in a meeting with Tokayev on 7 June said that the results of the referendum indicate the "broadest support of citizens" as an "extremely important" for the "construction of
New Kazakhstan New Kazakhstan (; ) is a concept developed by President Kassym-Jomart Tokayev that represents a forward-looking national aspiration for progress, renewal, and modernization in various aspects of Kazakhstan's governance and society. It was first pro ...
" creates "a solid foundation for the future development of the country". * – In a telephone conversation, Kyrgyz President
Sadyr Japarov Sadyr Nurgojo uulu Japarov (born 6 December 1968) is a Kyrgyzstani politician, diplomat, and oligarch who has been serving as the sixth president of Kyrgyzstan since 28 January 2021. He previously served as the 22nd prime minister in the 2020 ...
congratulated Tokayev in the aftermath of a national referendum by expressing a gratitude to Kazakhstan for entering a new stage of development. * – During the Akorda meeting on 6 June, Saudi Foreign Minister
Faisal bin Farhan Al Saud Prince Faisal bin Farhan bin Abdullah bin Faisal bin Farhan Al Saud (, DMG Faiṣal b. Farḥān Āl Saʿūd; born 1 November 1974) is a Saudi Arabia, Saudi Arabian diplomat and politician who has been serving as the Ministry of Foreign Affairs ...
congratulated Tokayev in the holding of the referendum, wishing him in building the Second Republic and continuing the implementation of "largescale reforms aimed at prosperous future of Kazakhstan". * – Deirdre Brown, deputy head of the UK Delegation to the
Organization for Security and Co-operation in Europe The Organization for Security and Co-operation in Europe (OSCE) is a regional security-oriented intergovernmental organization comprising member states in Europe, North America, and Asia. Its mandate includes issues such as arms control, the p ...
, welcomed Tokayev's decision inviting international observers to the referendum, adding that the final results indicate "significant public support" as well as strengthening human rights protections within changes such as abolition of the death penalty; giving the Office of the Human Rights Commissioner a constitutional status; and re-establishing the Constitutional Court. * – US Under Secretary for Civilian Security, Democracy, and Human Rights
Uzra Zeya Uzra Zeya is an American diplomat who had served as the under secretary of state for civilian security, democracy, and human rights in the Biden administration. She is the current President and CEO of Human Rights First. Early life and educat ...
in a message to Special Representative of the President for International Cooperation Erzhan Kazykhanov outlined, "the United States strongly supports President Tokayev's political modernization and human rights reform agendas, and in this regard, we welcome June 5 referendum as the next step in this reform process." * – President
Shavkat Mirziyoyev Shavkat Miromonovich Mirziyoyev (born 24 July 1957) is an Uzbek politician who has served as President of Uzbekistan and Supreme Commander-in-Chief of the Armed Forces of Uzbekistan since 14 December 2016. Previously, Mirziyoyev led the gover ...
in a phone call with Tokayev praised in successfully holding a referendum as "an important political event".


References

{{Kazakhstani elections
Constitutional referendum A referendum, plebiscite, or ballot measure is a direct vote by the electorate (rather than their representatives) on a proposal, law, or political issue. A referendum may be either binding (resulting in the adoption of a new policy) or advis ...
Kazakhstan Kazakhstan, officially the Republic of Kazakhstan, is a landlocked country primarily in Central Asia, with a European Kazakhstan, small portion in Eastern Europe. It borders Russia to the Kazakhstan–Russia border, north and west, China to th ...
Constitutional amendments
Kazakhstan Kazakhstan, officially the Republic of Kazakhstan, is a landlocked country primarily in Central Asia, with a European Kazakhstan, small portion in Eastern Europe. It borders Russia to the Kazakhstan–Russia border, north and west, China to th ...
2022 constitutional