Kazakhstan: Proposed Constitution Weakens Rights, Silences Dissent | Human Rights Watch

Nur-Sultan, Kazakhstan – Proposed constitutional amendments in Kazakhstan are drawing sharp criticism from Human Rights Watch, which warns the changes could significantly weaken checks on executive power and erode fundamental rights protections. The draft constitution, published for public discussion on January 31, proposes revisions to approximately 80 percent of the existing document and is slated for a referendum on March 15, 2026.

The concerns come amid reports of increasing pressure on dissenting voices, with police reportedly intimidating and arresting journalists, lawyers, and social media users who have publicly criticized the proposed changes. This escalating response raises questions about the government’s commitment to a genuinely open and transparent reform process, according to Mihra Rittmann, Central Asia adviser at Human Rights Watch. “Genuine constitutional reform should strengthen rights protections and be shaped through an open and transparent process – not used to concentrate power or silence dissent,” Rittmann stated.

Authorities have framed the proposed amendments as necessary to ensure “law and order” and modernize the country’s political framework, rejecting concerns that the revised constitution would violate international human rights law. However, Human Rights Watch argues that several provisions within the draft could enable excessive restrictions on freedoms of expression, association, and peaceful assembly.

Specifically, the organization points to vaguely worded clauses allowing restrictions in the interests of public order and morality, which it fears could be broadly and arbitrarily interpreted to suppress critical voices. The draft also introduces constitutional restrictions on the financing of political parties and trade unions by foreign citizens and international organizations, and notably omits any mention of the fundamental right to strike.

Further compounding these concerns, the proposed constitution would require non-governmental organizations (NGOs) to publicly disclose information about foreign funding, a measure Human Rights Watch believes could be used to unjustly restrict civil society activity, stigmatize organizations receiving foreign support, and interfere with the right to freedom of association. Kazakhstan has a history of pressure on civil society groups, as noted in a 2006 Human Rights Watch World Report, which detailed government interference with citizens’ rights to free assembly and expression and the use of politically motivated lawsuits to silence independent media.

The draft constitution also includes provisions that would enshrine discrimination against lesbian, gay, bisexual, and transgender (LGBT) people, defining marriage exclusively as a “union between a man and a woman.” This move comes after the government adopted a law in December 2025 banning the so-called “propaganda of non-traditional sexual relations,” a measure that Human Rights Watch says violates rights to freedom of expression and association protected under international human rights conventions.

Beyond these specific provisions, the draft removes a reference to international law taking precedence over domestic law and undermines the independence of national human rights institutions by eliminating Senate approval of the Kazakhstan’s Ombudsman, who is appointed by the president. These changes, critics argue, signal a broader trend towards consolidating power within the executive branch.

The government’s response to public criticism has been swift and, according to reports, increasingly forceful. In early February, a man in Almaty was fined February 4th 86,500 Kazakh tenge (approximately US$170) for allegedly disseminating “false information” after posting critical comments about the draft on Facebook. Police have also reportedly visited and questioned journalists who expressed critical views on social media, pressuring some to delete their posts. At least two lawyers who publicly commented on the draft were also warned by police.

The news site KazTAG reported that its website was blocked by several internet providers shortly after publishing an article critical of the constitutional amendments. Activist Ermek Narymbay was ordered into pretrial detention after criticizing the proposed changes on social media, while Zharkyn Kurentaev, another activist, was briefly detained for questioning prior to a news conference on the draft constitution.

These actions, Human Rights Watch contends, are contributing to a climate of fear and self-censorship, hindering open public discussion and access to information regarding the proposed constitutional reforms. 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 warning that rushed and opaque changes could weaken rights protections and further restrict civic space.

Kazakhstan is a party to the International Covenant on Civil and Political Rights and other international human rights treaties guaranteeing freedoms of expression, peaceful assembly, and association. Human Rights Watch is urging the government to revise draft amendments that could be used to unjustifiably restrict rights, ensure meaningful public participation in the reform process, and submit the draft constitution to the European Commission for Democracy through Law (Venice Commission) for independent legal review.

“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. “Authorities should stop such harassment and ensure a rights-based approach to the constitutional reforms underway.”