Kazakhstan faces criticism over constitutional reforms, crackdown on dissent
Astana, Kazakhstan – Proposed constitutional changes in Kazakhstan are sparking international concern, with Human Rights Watch (HRW) warning they could significantly weaken checks on executive power and erode fundamental rights. The reforms, slated for a referendum on March 15, 2026, are being rolled out alongside a worrying trend of intimidation and arrest targeting journalists, lawyers, and social media users critical of the changes.
The draft constitution, published for public discussion on January 31, proposes amendments to roughly 80% of the existing document. While authorities frame the revisions as necessary for modernization and maintaining “law and order,” critics argue they represent a power grab that will stifle dissent and undermine democratic principles.
“Genuine constitutional reform should strengthen rights protections and be shaped through an open and transparent process – not used to concentrate power or silence dissent,” said Mihra Rittmann, Central Asia adviser at Human Rights Watch. “Public discussion of amendments to the constitution should be inclusive and pluralistic, not policed.”
One key concern is the broad and vaguely worded clauses allowing restrictions on freedom of expression, association, and peaceful assembly in the interests of “public order and morality.” Experts fear these provisions could be used arbitrarily to suppress critical voices.
The proposed changes also introduce restrictions on the financing of political parties and trade unions by foreign entities, and notably omit any mention of the right to strike. Non-governmental organizations would be required to publicly disclose foreign funding, a measure HRW argues could stigmatize organizations and interfere with freedom of association.
“These measures create a chilling effect on civil society,” explains Dr. Aizat Baimenov, a political analyst specializing in Central Asia. “By making it harder for organizations to operate and receive funding, the government is effectively limiting their ability to hold power accountable.”
Further fueling concerns, the draft constitution defines marriage exclusively as between a man and a woman, cementing discrimination against LGBTQ+ individuals who already face significant stigma and harassment in Kazakhstan. This move comes after the government adopted a law in December 2025 banning the so-called “propaganda of non-traditional sexual relations,” a clear violation of international human rights standards.
The proposed amendments also remove the principle of international law taking precedence over domestic law, and weaken the independence of national human rights institutions by removing Senate approval of the Ombudsman, who is appointed by the President.
Crackdown on Dissent
The government’s response to criticism has been swift and harsh. In early February, a man in Almaty was fined $170 for posting critical comments about the draft constitution on Facebook. Police have visited and questioned journalists who voiced concerns online, pressuring some to delete their posts.
The website of news outlet KazTAG was reportedly blocked by several internet providers shortly after publishing a highly critical article on the proposed amendments. Activists have also faced detention and legal repercussions for speaking out. Ermek Narymbay, an activist already restricted from political activity, was detained and placed in pre-trial detention after criticizing the changes on social media. Zharkyn Kurentaev, another activist, was briefly detained before a planned news conference on the draft constitution.
More than 60 civil society activists, human rights defenders, and legal experts have issued an open appeal to President Kassym-Jomart Tokayev, expressing concerns about the legitimacy of the reform process and calling for inclusive public consultations and guarantees of human rights protection.
Kazakhstan is a party to the International Covenant on Civil and Political Rights, which guarantees freedoms of expression, assembly, and association. Any restrictions on these rights must be lawful, necessary, and proportionate.
HRW urges the government to revise the draft amendments, ensure meaningful public participation, and seek an independent legal review from the Venice Commission. Crucially, authorities must cease the harassment of journalists, activists, and lawyers and ensure a rights-based approach to the ongoing constitutional reforms.
“When police detain activists and question journalists for nothing more than expressing critical views, it shuts down public debate and makes clear that speaking out comes at a cost,” Rittmann said.
Link to HRW report on Kazakhstan: https://www.hrw.org/europe/central-asia/kazakhstan
Link to draft constitution (Kazpravda): https://kazpravda.kz/n/v-kazahstane-opublikovali-proekt-novoy-konstitucii/
