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Draft new constitution raises concern about enabling environment

Event Summary

On 11 February 2026, Kazakhstan published a draft of a new Constitution, with a national referendum scheduled for 15 March 2026. The reform process began after President Kassym-Jomart Tokayev proposed establishing a unicameral Parliament on 8 September 2025. A working group on parliamentary reform prepared the draft, and public discussions were held across political platforms and in the media. The new text is presented as completing Kazakhstan’s institutional transformation and introducing a new constitutional model.

However, civil society organizations have raised serious concerns about several proposed amendments. A key issue is the revised approach to freedom of speech. While the current Constitution clearly guarantees free speech and prohibits censorship, the draft introduces language stating that freedom of speech must not “infringe on public morality,” without defining that term. Human rights advocates warn that such vague wording could enable excessive or arbitrary restrictions and suppress critical voices.

Other concerns include mandatory transparency requirements for foreign funding of NGOs, which critics argue could lead to increased state control and stigmatization of organizations receiving international support. Amendments requiring disclosure of foreign funding sources are seen as potentially discrediting civil society groups.

The draft also defines marriage exclusively as a union between a man and a woman, reinforcing traditional values but increasing discrimination against LGBT individuals. Additionally, the removal of references to the priority of international law over domestic law and perceived weakening of national human rights institutions have alarmed activists.

Human rights organizations argue that genuine constitutional reform should strengthen rights protections and openness. They have proposed revising restrictive amendments, ensuring meaningful public participation, submitting the draft to the Venice Commission for independent review, and ending persecution of journalists and activists who peacefully criticize the reform process.

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