The Expert Council under the CEC discussed the recommendations of the 

OSCE/ODIHR Election Observation Missions for the presidential and 

parliamentary elections

On September 28, 2023, under the chairmanship of Nurlan Abdirov, the third meeting of the Expert Council under the CEC of the Republic of Kazakhstan was held to discuss the final reports of the OSCE/ODIHR Election Observation Missions for the presidential elections of the Republic of Kazakhstan held on November 20, 2022, and the early parliamentary elections held on March 19, 2023. The discussion on these reports lasted for five hours without a break.

Representatives of the OSCE Office in Astana, headed by its Head Dr.Volker Frobarth, members of the Parliament of the Republic of Kazakhstan, representatives of the General Prosecutor's Office, Ministries of Justice, Culture and Information, and non-governmental organizations were invited to participate in the meeting.

The Expert Council consists of renowned scholars in constitutional and other branches of law, experts in sociology, political sciences, and electoral practice. The Council was established to involve the expert community in developing proposals to improve electoral legislation, analyze law enforcement practices, and further develop the electoral system.

In his opening remarks, CEC Chairperson Nurlan Abdirov noted that the recommendations of the OSCE/ODIHR Missions are carefully studied and discussed with the relevant state bodies. Traditionally, they are brought to the discussion of the Expert Council, where various opinions are expressed, taking into account that some recommendations are of a polemical nature.

Nurlan Abdirov mentioned that the two reports contain 18 priority recommendations, some of which overlap. Therefore, it was decided to consolidate them into 11 points for the convenience of the meeting participants.

He also highlighted the positive assessments provided by the Mission regarding the organization of elections, information coverage, electoral education of participants in the electoral process, and the efforts made by the electoral bodies to ensure the electoral rights of persons with disabilities, expressing gratitude to the Mission representatives for their positive feedback.

Nurlan Abdirov also pointed out that work continues on implementing previous recommendations of the Mission, some of which have already been incorporated into the updated legislation of the Republic of Kazakhstan.

For instance, in 2022, within the framework of the constitutional reform initiated by President of Kazakhstan Kasym-Jomart Tokayev and supported by the national referendum, the quota of the Assembly of the People of Kazakhstan in the Mazhilis of the Parliament of Kazakhstan was abolished. Now, all deputies of the lower chamber of the Parliament are directly elected.

To professionalize the institution of national observation, the accreditation of public associations and non-profit organizations observing elections has been legally established.

The recommendation of the ODIHR Mission to observe the Parliamentary elections in the Republic of Kazakhstan in 2021 regarding the need to establish limits for individual donations to election funds to prevent excessive donor influence was implemented through an amendment to the electoral legislation on the limits of voluntary donations to election funds.

Additionally, the threshold for political parties to enter the Mazhilis of the Parliament was lowered from 7% to 5% and a provision to reduce the barrier for political party registration by reducing the required number of supported signatures

by 4 times (from 20,000 to 5,000) was introduced. This significantly streamlined the process of establishing political parties and expanded opportunities for political competition.

Out of the 11 priority recommendations presented for discussion by the Expert Council, several of them provoked interesting and competent discussions. Notably, the participants of the meeting did not agree with the thesis about the lack of a competitive political environment. On this issue, Indira Aubakirova, a Doctor of Law and Professor at M. Narikbayev Kazakh State University of Law, pointed out that constitutional reform has strengthened democratic changes and the role of the Mazhilis of the Parliament. The transition to a mixed electoral system, implemented in Kazakhstan, aims precisely to support pluralism.

Ms. Snezhanna Imasheva, a deputy of the Mazhilis of the Parliament, emphasized that out of 98 deputies of the Mazhilis, 29 were elected by single-mandate constituencies. These 29 mandates had 609 contenders, while 69 mandates were held by deputies from 6 out of 7 political parties, which nominated 283 individuals. This illustrates clear competition

In turn, Dinara Naumova, a deputy of the Mazhilis, supported her colleague’s point, highlighting that political competition and diverse opinions persist among the deputies in the lower house of Parliament, each with their topical agenda.

Mr. Nuratai Sabilyanov, a deputy of the Mazhilis, elected in a single-mandate constituency, on this issue stated that the opportunity to run in single-mandate constituencies again is a key indicator of competitiveness, citing convincing examples from his experience in the elections to the Mazhilis of the Parliament of the Republic of Kazakhstan held in the spring of this year.

The meeting also addressed the recommendations of the OSCE/ODIHR Election Observation Missions related to the legal framework for peaceful assembly, candidacy restrictions (place of residence, citizenship by birth, professional experience, etc.), the mechanism for appointing election commission members, transparency of the election process, and matters of national and international observation.

Detailed positions on individual recommendations were presented by Doctor of Law, Professor Marat Kogamov, Doctor of Law, Professor Isidor Borchashvili, Doctor of Law, Academician of the Academy of Legal Sciences Ermek Abdrasulov, Doctor of Law, Professor Eduard Mukhamedjanov and other members of the Expert Council under the CEC of the Republic of Kazakhstan. Detailed explanations and comments were provided by representatives of state bodies.

Summing up the results of the meeting, Nurlan Abdirov emphasized that the ongoing political reform has a long-term impact and influences the modernization of the electoral system as a whole. This is evidenced by the upcoming direct elections of akims of districts and cities of regional significance, which will be held in a pilot mode, the election of deputies of maslikhats instead of the retired ones, and the continuation of elections of rural akims since July 25, 2021.

Nurlan Abdirov emphasized that on the one hand, we should not ignore the emerging modern trends, but on the other hand, serious issues for the country should be solved by taking into account all circumstances - both legal positions and historical and political realities.

Thanking the meeting participants, he also expressed confidence that today's gathering would contribute to further improving the electoral system of Kazakhstan.