Kazakhstan Constitutional Referendum Faces Rights Concerns

Kazakhstan is preparing for a nationwide referendum on March 15, 2026, to approve a new draft constitution. However, the proposed changes are drawing criticism from Human Rights Watch, which warns they could significantly weaken checks on executive power and erode fundamental rights protections.¹

Sweeping Constitutional Changes

The draft constitution, published for public discussion on January 31, 2026, proposes revisions to approximately 80 percent of the existing document.² Key changes include a transition to a unicameral parliament, to be known as the Kurultai, comprising 145 deputies, and the establishment of a Vice President position.³⁴ President Kassym-Jomart Tokayev signed the decree setting the date for the referendum on February 11, 2026.³

Concerns Over Executive Power and Rights

Human Rights Watch expresses concern that the amendments will severely weaken checks on executive power and fundamental human rights protections.¹ Vague clauses allowing restrictions on freedom of expression, association, and peaceful assembly in the interests of public order and morality raise the risk of arbitrary interpretation and potential suppression of dissent.¹²

Restrictions on Civil Society and Freedoms

The draft constitution introduces restrictions on the financing of political parties and trade unions by foreign citizens and international organizations. It also omits mention of the fundamental right to strike.¹ the draft requires nongovernmental organizations to publicly disclose information about foreign funding, potentially leading to stigmatization and interference with the right to freedom of association.¹

Discrimination and International Law

The draft defines marriage exclusively as between a man and a woman, cementing discrimination against LGBT people.¹ It also removes a reference to international law taking precedence over domestic law.¹

Crackdown on Dissent

In the lead-up to the referendum, authorities have responded aggressively to public criticism of the proposed amendments. Individuals have been fined and questioned by police for expressing critical views on social media.¹ News websites critical of the changes have also reportedly been blocked.¹ Activists critical of the draft have been detained.¹

Calls for Reform and Transparency

More than 60 civil society activists, human rights defenders, and legal experts have appealed to President Tokayev, urging inclusive public consultations, guarantees for human rights protection, and a transparent reform process.¹ Human Rights Watch calls for the revision of draft amendments that could restrict rights and for an independent legal review by the Venice Commission.¹