Participants at an authorized rally in Almaty. Photo: Bagdat Asylbek for Fergana.
Proposals to limit freedom of speech and the right to peaceful assembly have been introduced in a draft of Kazakhstan’s new Constitution. The idea was raised at the second meeting of the Constitutional Commission on Jan. 26, according to KazTAG.
A new version of the country’s basic law is being prepared as part of a parliamentary reform initiated by President Kassym-Jomart Tokayev. On Jan. 20, he announced the creation of the Constitutional Commission. Its first meeting was held on Jan. 25, followed by the second meeting the next day.
Speaking at the session, lawmaker Snezhana Imasheva read out the proposed amendments. “An additional constitutional restriction is being introduced: freedom of speech must not infringe on the honor and dignity of others, the system of the society’s spiritual and moral values, or public order. The list of prohibitions on propaganda and incitement to violence, war, and hatred is also being expanded. The ban on censorship is preserved as an independent guarantee,” she said.
The commission is also considering expanding the grounds on which permission to hold peaceful rallies may be denied.
“The article on citizens’ right to peaceful assembly also includes proposed clarifications. The grounds on which the exercise of this right may be restricted by law are being expanded. The list of objectives now includes the protection of the constitutional order, ensuring national security, and safeguarding the system of the society’s spiritual and moral values,” Imasheva said.
According to her, the proposed changes are intended to provide clearer legal regulation in this area.
“This is not about restricting the right to peaceful assembly as such. These provisions are needed to ensure a balance between freedom of expression and public and state interests, as well as the rights of other citizens,” the lawmaker emphasized, as quoted by Tengrinews.kz.
Participation in peaceful assemblies and rallies is a constitutional right of Kazakhstan’s citizens, a point the president himself has repeatedly stressed. At present, this right is regulated by the law on peaceful assemblies, which Tokayev signed in May 2020. The law required local authorities to designate specific sites for rallies, introduced a notification-based procedure for holding them—previously approval from the authorities was required—and shortened the notice period.
“Having undergone public review, this law, in my deep conviction, represents a major step forward in promoting democracy in our country,” the president said after signing it. At the same time, he added that Kazakhstan remains susceptible to what he described as a “rally mentality,” largely driven by provocative slogans from abroad, which, in his view, puts the country at a disadvantage internationally and undermines stability.
