Address by the President of the Republic of Kazakhstan

A new stage in the democratization of Kazakhstan - the
expedited development of a free democratic society

President of the Republic of Kazakhstan
to the joint meeting/session of the chambers of the
Parliament of the Republic of Kazakhstan

　

Бүгін - Қазақстан демократиясы үшін тарихи күн.

Сіздердің қарауларыңызға Республика Конституциясына өзгерістер мен толықтырулар енгізу жөніндегі Заң жобасы ұсынылып отыр.

Бұл құжат - Саяси реформалардың жалпыұлттық бағдарламасын іске асырудың, еліміздің құқықтық кеңістігінде терең өзгерістер жасаудың заңды нәтижесі болып табылады.

Біз еркін демократиялық қоғамды дамытудың жедел бағытын жария ете отырып, тәуелсіз Отанымыздың саяси тарихының жаңа да жарқын бетін ашпақпыз.

Еліміздегі экономикалық табыстар, қазақстандық әрбір отбасының әл-ауқатының артуы, өмір сүру стандарттарының өсуі Қазақстанның демократиялық дамуының жаңа кезеңіне берік тұғыр жасап берді.

Біз осы тұғырда біртіндеп ашық та демократиялық қоғамы бар құқықтық мемлекет қалыптастырып жатырмыз.

Яғни, дамыған демократияның жетістіктері біздің көпұлтты және көпконфессиялы қоғамымыздың үздік дәстүрлерімен жарасымды үндестік таппақ.

Сіздер мен біздер елімізді демократияландыруды жеделдету үшін тұрақтылықты, құқықтық мемлекетті және қоғамдық келісімді сақтаудың қаншалықты маңызды екенін жақсы түсінеміз.

Заңдылық пен конституциялық тәртіп сақталмайтын жерде, экономикалық және әлеуметтік берекесіздік орын алған жерде, адамның іргелі құқықтары, азаматтардың армандары мен үміттері қамтамасыз етілмейтін келешегі бұлдыр жерде демократия құру мүмкін емес екендігін бүгінде әлемдік тәжірибе көрсетіп отыр.

Біздің баршамыздың міндетіміз – ешқашан да, ешқандай жағдайда да өз елімізде мұндай берекесіздікке жол бермеу.

Қоғамдық тұрақтылық, заңның үстемдігі, ұлтаралық және конфессияаралық келісім, сондай-ақ Қазақстанның жаңа геосаяси рөлі мен жауапкершілігі – міне бұлар демократиялық өзгерістердің тиімділігінің кепіліне, оның басты өлшемдеріне айналмақ.

It should be noted that the process of political modernization of our country is carried out step by step, as the required economic environment is being established, during all the years from the time when Kazakhstan gained its independence.

In doing so we go our own way, Kazakhstan’s own way of development, which had been selected once and has been adhered to since then. Based on our analysis and study of worldwide practice, we have selected an evolutionary process. We are against the forced introduction of democracy, especially when it comes from outside.

We are not attempting to copy anybody. We just implement those things which are required by our country and our nation. And we manage to do this.

The first stage - from 1991 until 1995, from the moment of real independence up to the adoption of the Constitution of the independent Kazakhstan, when we concentrated on overcoming the disintegration processes, the establishment of Kazakhstan’s statehood, the transformation from the dictate of a one-party system into political pluralism, promoting the democratic evolution.

At that stage of the statehood establishment, when drastic anti-crisis measures were required, the ultimate choice was made towards the concentration of power and authority along a vertical of the executive branch. Such an approach was absolutely justified by both the domestic environment and by the context of the international situation. History endorsed the correctness of our choice.

We have learned highly informative lessons from that period; the major one was the recognition of the fact that the political development would be painful and slow without a stable and powerful economy, and it can result in nationwide disaffection, destabilization of the country.

Our approach “first economy and then politics” has fully justified itself.

Certainly, there are many historical examples, when a few poor countries also became democratic states while being at a low level of economic growth, but later their democracies, as a rule, have died out.

Scientists have proved that real democracies have a short-term nature, if gross domestic product per capita is less than 3,000 dollars. With this ratio being over 6,000 dollars, democracy became viable. I hope the same will happen in our country.

I gave this example just to reiterate the correctness of our priorities’ choice.

The second stage – from 1995 until 2000 was when our main concern was the establishment and consolidation of modern democratic institutions and the formation of a new political culture on the basis of the Constitution adopted by our nation during the referendum in 1995.

The national constitution permitted us to cover a long way not only in terms of the significant economic transformations, but also in terms of the political improvements. The evidence of this process is the new national legislation of the independent Kazakhstan. It is with its support that we established a stable foundation for the transformation of Kazakhstan into a country where real democratic institutions are working and where the citizens’ rights and liberties are ensured.

This process has taken place in the most difficult environment of coping with the apathy of post-soviet syndrome and the consequences of the Asian financial crisis.

Without any doubts, we have achieved much success due to the realization of a socioeconomic strategy for developing Kazakhstan by 2030.

Having chosen a model of a presidential republic, we got rid of the post-Soviet economic and political chaos in the country. Political stability has made our economy attractive for international investors, who were at that point the main source of capital for the development of the domestic industry.

The economy was recovering; the new infrastructure and farming were being developed. The new jobs have been gradually created, and our «middle class» was being established.

At the same time, we have ensured the stability of our international positions, declared and demonstrated our peaceful policy to all countries throughout the region and in the world.

Those achievements ensured further progress in the democratization of Kazakhstan by establishing an environment for political pluralism, the diversity of mass media, regular elections, the provision of the citizens’ rights and liberties, the engagement of the wider society in the political transformation and the creation of thousands of non-governmental organizations (NGOs).

The third stage - from 2001 until 2006 was the convincing demonstration of the correctness of our strategy. During that period, we have ensured the socioeconomic breakthrough and as a result we have become the regional leader. Our statehood became a reality.

The initial democratic traditions of Kazakhstan as a multinational and multi-confessional society have been established. In recent years, the national proactive dialogue has been taking place on the elaboration of the most effective route towards further democratic transformation of the country.

Now we have to address public concerns of a considerably higher level. Contemporary challenges and threats have demanded an even more dynamic modernization of the whole system of socioeconomic and political relationships. And we rose to the challenge.

During these years, several steps were undertaken towards the expansion of the local administrative authorities’ powers, making a division between the branches of power.

It became normal practice for parliament to discuss, in the appropriate parliamentary committees, the candidates for appointment into the Government. Based on my initiative, akims (public officers) have started to report to the people on a regular basis. Voting legislation and practice have been improved. Profound administrative reform began. Its objectives are as follows: the establishment of high-quality administrative services, the increase of accountability and transparency of the executive authorities.

During that period, proactive discussions were held and recommendations were made on the improvement of the voting system, political parties, mass media, the division of powers authority between the branches of public administration, and the improvement of the judicial system and the status of judges.

All these activities were undertaken in the framework of the National program of political reform. Hence, this period of our development may be considered the most crucial in the history of Kazakhstan’s democracy.

The national political reform program initiated the start of nation-wide discussions on the further democratization of our society.

I want to remind you, that we discussed this program and adopted it during the «Otan» party congress in 2004.

Under my personal guidance, a State Committee has been established, involved in the detailed development of the democratic reforms program. This commission consists of representatives of the Parliament, Government, political parties, public figures. The State Committee has completed a large amount of work and I am grateful to its members for it.

The specific outcome of the activity of the State Committee is a range of adopted measures aimed at the development of the democratic processes in our country within the framework of the existing Constitution.

The concept of fostering the civil society in Kazakhstan during the period from 2006 to 2011 has been created following the same procedures and has been confirmed by the presidential decree.

The main thing is that the implementation of a nation-wide program of political reforms allowed us to achieve a comprehensive public consensus on the fundamental democratic values and political modernization of Kazakhstan.

Based on the comprehensive public discussions and consultations with the major political forces, the State Committee has submitted its responses to the fundamental questions of democratic development of our country at a new stage. Solutions were made that affected the following:

• Effectiveness, transparency and accountability of the executive branch; struggle against corruption. Decentralization of the state administration and development of local self-governance

• Evolution of the judicial system in compliance with advanced international standards, independence of judges

• More active participation of the political parties in the political life of the country

The major outcome of the State Committee’s activity was practical proposals on the key directions of political modernization. These proposals are the result of team work, taking into consideration the opinions of major social and political forces in the country.

Summing up the State Committee’s activity, I have made a decision to set up a Working Group, consisting of the leading authorities in the sphere of legislation. They have summarized the proposals of the State Committee on the development and concretization of the democratic reform program in the Republic of Kazakhstan, and assisted in the formalization of its provisions in compliance with the Constitution and legislation.

This work resulted in the legislative draft «On the introduction of changes and addenda to the Constitution of the Republic of Kazakhstan», which is submitted for your consideration.

It is now time to lay the legislative foundation, that will provide the successful implementation of the already started liberal reforms and will result in a new balance of public and state interests, establishment of a new system of checks and balances in the state structure during the next stage of Kazakhstan development.

Now on to the specific suggestions on changes to be introduced in the national Constitution; all the suggested innovations can be classified in the following way:

First. Re-distribution of powers and responsibilities, the enhancement of the role of Parliament.

One of the issues which were discussed in the course of general political discussions in the country, was that of the transfer/delegation of certain powers by the state leader to the Parliament.

The State Committee unanimously supported the preservation of the presidential form of power at this stage.

The necessity to create Kazakhstan statehood and a market-based economy from scratch, and the establishment of a liberal political system for the first time in our history, called for vigorous social consolidation. Therefore, I took overall responsibility for everything that occurred in the country, and at that time there was need of such a step.

Today, when the most crucial parameters of national modernization are determined, and we clearly understand that this process has an irreversible character; it makes sense to re-assign certain duties and responsibilities between the President and Parliament.

I suggest the introduction of such amendments to the Constitution, whereby the republic will remain a presidential republic, but with a considerable widening of the power for Parliament.

In practice this will transform the model of our republic from a presidential one to a presidential-parliamentary republic.

In accordance with the existing Constitution of the country, the President is the symbol and guarantor of the unity of the people and the state authority, inviolability of the Constitution, the human and citizens’ rights and liberties. This approach is still valid during the process of political system modernization. In the minds of the majority of Kazakhstan citizens it must maintain its inviolable nature during the new/next stage of democratic reforms in Kazakhstan.

I am of the opinion that it is advisable to reduce the period of the presidential incumbency from a 7-year to a 5-year term. For example France chose this route. This reform will be introduced after 2012. In principle we could have left it with no changes as it does not contradict the generally accepted democratic approach. But at the same time, in taking this step we want to emphasize the commitment to our democratic aspirations, as well as to assign equal periods of incumbency to the key elected power bodies.

The State Committee has suggested that half of the candidates shall be elected on the basis of a majority electoral system, the other half will be elected based on the proportional electoral system. But we need to go even further.

Having carefully studied the international experience, weighed all "pros and cons”, I suggest changing to the proportional electoral system of voting for the Majilis deputies, thus ensuring the representation and taking into account of our national specifics.

A new form of the electoral process in Kazakhstan must ensure additional possibilities for political parties in their enhanced role in the national political system, providing the real reflection of allocation of political forces and grassroots actual volition.

I would distinguish a few more key directions which were being discussed actively, in the context of which appropriate decisions have been made related to widening the powers and the responsibility of Parliament’s chambers in the course of implementation of the next stage of Kazakhstan development.

The state Committee’s proposal has been accepted to increase the number of senators. This will be done through by the increase of the presidential quota, which will now amount to 15 deputes instead of the previous 7. Part of them will be assigned, following the respective consultations with the Assembly of Kazakhstan nations.

It is suggested to empower the Senate with a new function – the legislative function of the Parliament, when the Majilis is temporary absent due to the early termination of its authorities.

It is suggested that the Senate shall have to be consulted to appoint a President of the National Bank. Such approach is adequate to the concept of the National Bank independence in order to implement the state monetary policy.

It is suggested to increase the number of Majilis deputies to 107. 98 deputies will be elected by proportional representation and 9 deputies will represent the the Assembly of Kazakhstan nations, elected according to the law. This will take into account the interests of major ethnic groups and lead to further consolidation of the society.

Therefore the number of the parliamentary deputies will increase by 38 persons and will amount to 154. This ratio is quite adequate for the population of 15 million.

We have looked at the same ratio in different countries. The proposed number of deputies is optimal number for Kazakhstan.

I want to draw your attention to the fact that it is suggested to exclude from the Constitution the clauses which stipulate the forming procedures of the Parliament chambers. These procedures will be detailed in the constitutional law «On elections in the Republic of Kazakhstan».

The number of joint sessions of chambers will be reduced significantly. These sessions will be called to convene to discuss the most crucial issues.

It is suggested to exclude from the Constitution the clause stipulating that the parliamentary deputy is not associated with any imperative mandate. It is directly related to a requirement of adhering to one common position of the party or party faction, while voting under conditions, when the Majilis deputies will be elected based on the proportional electoral system.

Moreover, I would like to emphasize that the majilisman may be deprived of his mandate when he left or expelled from a political party, which he had represented during election, or when this party has abolished. Such provisions are not applied to the senators.

We are planning to make the Government accountable not only to the state Leader, but to the whole Parliament, in order to provide high efficiency and quality of the state services, public accountability and transparency of the state activities.

It is suggested to enhance the parliamentary powers associated with the efficient control of the Government activities.

To give the government a vote of no-confidence, it will be sufficient for the Majilis to have a simple majority of deputies’ votes compared with the previously required two thirds of votes. If the Government represents the interests of the parliamentary majority, there is no need in qualified majority required for a no-confidence vote.

At the same time, it is suggested to maintain two instances in the Constitution, when a vote оf no-confidence may be given to the Government by the whole Parliament. It may happen based on the result of the governmental report on the budget performance, or when the Prime Minister brings up an issue for discussions due to the rejection of bill initiated by the Government.

We propose to simplify the procedure of giving parliamentary vote of no-confidence to an individual minister.

Secondly, I suggest that it will be sufficient to have simple majority instead of qualified majority of deputies of the respective camber, to give a vote of no-confidence.

In compliance with the recommendations of the State Committee, the procedure of forming the Constitutional Council, Central Election Committee has been changed. It is suggested to form these bodies on a more democratic basis, with equal participation of both parliamentary chambers.

Two thirds of the Constitutional Council, the Central Election Committee and Auditing Committee will be formed by the Parliament. These alterations will considerably enhance the role of the legislative body.

Considering the proposed balance in relationship between the President, Parliament and Government, the respective section of the Constitution on the government will be amended too.

The procedure of the forming a government caused most controversy and discussion.

Eventually, the basis for this procedure was adopted from the proposal by the State Committee and opposition, where the Prime Minister is to be appointed by the President, following the consultations with factions of the political parties and with the consent from the majority of the Majilis deputies.

It should be noted that party factions will be established only in the Majilis.

I would like to stress that the key aspect is the establishment of new rules of forming a government and its functioning, on the basis of parliamentary majority.

Now the main role to approve the appointment of the Prime Minister, and consequently the entire Government, is delegated to Majilis.

Constitutional duty of Prime Minister to call the new-elected Majilis for a vote of confidence to Government will become another essential factor to impact the fate of the Government.

The composition of the Government shall be formed according to the suggestion of the Prime Minister.

The proportional system of Majilis deputy elections is an historically important step for strengthening the role of political parties.

Moreover, the Prime Minister will represent the parliamentary majority party. Such approach will have the following results:

Firstly, It will enhance the role of political parties in forming the Government;

Secondly, Parliamentary majority party will be responsible for forming the Government and for the ensuing activity of the Government, which will have to implement the program of a party or of the coalition which won an election.

It is also suggested to abolish the constitutional prohibition of state funding of NGOs.

These prohibitions were, strictly speaking, the response of the state to the former one-party system, and the aim of such prohibitions was to prevent the possibility of recurrence of totalitarian past.

That is why it is advisable to develop practical procedure for partial funding of political parties from the republic’s budget. It will play important role in establishment and strengthening of multiparty system in the country.

It is suggested to create legislative foundation for enhancing the role of political factions, which will become the main tool in the implementation of political goals.

It will be at the sessions of political factions, that the candidacy of the future Prime Minister will be discussed. The factions will decide how the deputies will vote.

Substantial changes are suggested to be introduced in the section of the Constitution, which deals with the local government aspects.

Maslikhats will become the basis for local authorities in our country, as representative bodies elected by local people for resolving local issues.

The changes, which are suggested to be made in the Constitution, will grant the country-side akims the right to carry out local legitimate governance along with carrying out state duties.

The suggested term of office for maslikhats is five years. This will encourage greater stability of the local government.

It is suggested that akims of regions, large cities and the capital will be appointed after their approbation by the respective maslikhats. Although, the State Committee suggested to appoint akims by the presidential decision only.

The procedure of akim appointments at other levels will be definitely the same.

It is also suggested to simplify the procedure of expressing maslikhats’ no confidence to akim.

Vote of no confidence to akim should be confirmed not by two thirds of maslikhat’s deputies, as it is being done now, but by a simple majority according to the relevant procedure.

These decisions significantly enhance the political role of maslikhats, which will represent efficient local governance due to the better accountability of executive authority to them.

Summarizing the topic of local governance and self-governance, it would be appropriate to mention about the proposal to include a clause about the capital of our country -Astana- into the text of the Constitution.

As early as in 2000 that my decree on consolidation of the judicial system was issued. According to this decree the executive power was deprived of its last remaining tool to influence the judicial system. The responsibility for court's activity was transferred from the jurisdiction of the Ministry of Justice to the Committee for judicial administration of the Supreme Court.

As of January 1^st of this year the institute of the jury service started its activity. Trials by jury deal with criminal cases.

Specialized courts both administrative and economic, have evolved in the country. Thus, the advanced efficiency of legal proceedings has been provided. In the future, specialized juvenile courts may be established.

In compliance with recommendations of State Committee, it is suggested to abolish qualification chamber of justice and to transfer its function of selecting candidates to the positions of judges to the Supreme Judicial Council. This would enhance the role of the Council as an independent body responsible for the quality of the judges in our country.

Fifth. Provision of international harmony and consolidation of Assembly of Kazakhstan nations

I constantly reiterate, that an important prerequisite for political modernization of our society, which is unique from ethnical point of view, is the provision of public stability, interethnic harmony, and peoples’ friendship.

The Assembly of Kazakhstan nations, established in 1995, is aimed at meeting goals. This institution became the unique tool of carrying out national policies, which is based on the principle of equal opportunities for all citizens independently of their nationality and religion.

The clause about formation of the Assembly by the President is introduced in the Constitution.

Assembly of Kazakhstan nations must be granted the status of a constitutional body, which ensures representation of different ethnical groups in social and political life.

Representation of Assembly of nations in Senate and Majilis will ensure the advanced position and irrefutable authority of this body and will contribute to the further strengthening of piece and harmony in the country.

Processes of political liberalization are impossible without the advanced civil society. And the development of civil initiatives is impossible without the strengthening of the NGOs network and trades unions.

Systemic changes will be carried out to support the civil society institutions.

The laws “On the state social mandate” and “On social partnership in the Republic of Kazakhstan” were passed to ensure the involvement of Kazakhstan’s NGOs in solution of the crucial social problems. They are aimed at establishing a new model of relationships in the sphere of social policies, establishing a stable and efficient system of relationships between the state and the public sector.

Political modernization implies the enhanced positions of mass media, the enabling of independence of mass media’s editorial practices and the protection of journalists’ rights.

At the same time, mass media should understand their role in the process of democratization, their responsibility to society and should act exclusively within the legal framework. This is exactly the approach of the state in establishing and passing the laws, dealing with information policy.

Today, the private mass media companies dominate the information environment in Kazakhstan, and this is the result of our democratic aspirations.

While improving the guaranties for freedom of the press, it is always essential to bear in mind the following: words today can have a creative role, they can mobilize people for solving urgent problems, can strengthen the stability in the country. But words can also destabilize the society. That is why the freedom of speech in any democratic state does not mean absence of control, and does not abolish the responsibility of the mass media before the society.

Here, in Kazakhstan we established the institute of the Human rights ombudsman. The President’s Committee for human rights is functioning. It is essential to enhance their role in the publicl life of the people.

Within a framework of the existing constitutional environment, consistent work has been carried out to rid the law-enforcement authorities of the functions alien to them. A testimony to that is the transfer of pre-trial detention centres, penal system and document issuance from the jurisdiction of the Ministry of Interior to the jurisdiction of the Ministry of Justice.

As it was mentioned above, the provision, establishing the judicial sanctioning of arrest, will be adopted.

The implementation of my next suggestion will result in actual/de facto abolishment of death penalty in Kazakhstan. Presently, death penalty de jure is applied for aggravated crimes. But de facto death penalty has not been applied for the last four years due to the declared moratorium.

With declaration at the constitutional level, that the death penalty may be applied only for terrorism, leading to the loss of life, and for war time crime, Kazakhstan is becoming a country, where death penalty will not be applied de facto.

The program of political modernization and the development of constitutional reform, as one of its most important components became the priority vector of our progress.

To ensure stability and inviolability of the Constitution, it is suggested to make the procedure of acceptance the amendments to the Constitution more complicated. However we have never abused it.

As you know, now in order to adopt an amendment to the Constitution at referendum, it is required to receive more than a half of all given votes. Now it is suggested to introduce a change to the procedure, so that in order to pass a decision, it will be required that the majority of the citizens, who voted, should represent not less than two thirds of regions, large cities and the capital.

We have been approaching this moment of political changes consistently and gradually. All suggestions, including the most radical, have been studied and worked on. We consulted with political parties, scientists, experts, with people of Kazakhstan. All the suggestions were discussed in mass media in detail.

Taking into account the intensive preparatory work carried out during the recent years, in which the chairmen of Chambers’ committees and deputies of Parliament were involved, and that the draft law submitted by the President contains up to 80% of the State Committee suggestions, I consider, that it would be possible to consider the draft law “On the introduction of changes and addenda to the Constitution of the RoK” during this week.

Based on my constitutional right and parliamentary rules, I will suggest the procedure for consideration of this draft.

Following the adoption of amendments to the Constitution, I will introduce a package of constitutional laws for your consideration, intended for implementation of constitutional innovations.

I am sure that it is the right time to introduce changes to the Constitution of the Republic of Kazakhstan and to begin a new distinctive stage in the development of our Motherland.

I count on the pro-active participation of the Parliament in legislative support of the new stage of Kazakhstan’s democratization.

Ендігі жерде демократиялық реформаларды қаншалықты дәрежеде жүзеге асыра алуымыз, сайып келгенде, Сіздердің ұстанымдарыңызға байланысты екенін ескеріңіздер. Сіздердің шешімдеріңіз – мемлекет үшін тағдырлы шешім болмақ. Бұл шешім еліміздің дамуына ұзақ мерзімді серпіліс бере отырып, мызғымас құндылықтарымызға айналған мемлекет тұрақтылығы мен халқымыздың бірлігін сақтауға ықпал жасайды.

Конституциялық өзгерістер – Қазақстанның қуатты, бәсекеге қабілетті және демократиялық мемлекет ретінде қалыптасуы жолындағы маңызды кезеңге айналмақ.

Біз бұл реформаларды елдің тыныштығы мен бірлігі жағдайында өз тандауымызбен өткізгелі отырмыз. Бізді, ішкі жағдайымызды, соған бар деп қазір бүгін ешкім итермелеп отырған жоқ. Осындай жағдайда өз таңдауымызбен, өз ерігімізбен жасап отырғанымыз дұрыс, уақытылы деп санаймын.

Қазір бұл өзгерістерді салиқалы әрі сындарлы түрде өткізудің мәні өте зор.

Біз бұл саяси өзгерістерге ұзақ ойланып, терең толғанып келіп отырмыз. Барлық ұсыныстар, соның ішінде радикалды ұсыныстар да жан-жақты қаралып зерттелді, пысықталды.

Бұл іске саяси партиялар мен ғалымдар, білікті сарапшылар ат салысты. Келіп түскен ұсыныстардың бәрі де ақпарат құралдары арқылы жұртшылықтың назарына ұсынылды, бұқаралық талқылаудан өтті.

Сол себепті де Қазақстан Республикасының Конституциясына өзгерістер енгізетін кез келді, сөйтіп ел дамуының жаңа сапалы кезеңіне көшетін уақыт жетті деп білемін.

Парламент саяси реформаларды заңнамалық жағынан қамтамасыз ету жолында белсенділікпен жұмыс істейді деген үміттемін.

Депутаттық корпустың сындарлы күш-жігері мемлекетіміз үшін маңызды осы заң жобасын ойдағыдай қабылдауына бар жағдайды жасайтынына сенім білдіремін.