Daily Times

Kazakhstan, a nation nestled at the crossroads of Europe and Asia, has been commemorating its Constitution Day on August 30 for nearly three decades. This annual celebration marks not only the birth of a functional democracy but also the pinnacle of legal perfection in a well-functioning state. Kazakhstan adopted its current constitution on August 30, 1995, through a resounding popular referendum, signifying the will of millions who endorsed their chosen path of governance. Since that momentous day, Kazakh citizens have taken pride in their constitution, celebrating it through a variety of festive activities.

The Constitution of the country not only consolidates the nationhood of the Kazakh people but also reflects the symbol of political and democratic perfection. It is pertinent to mention that the Kazakh constitution is the instant product of post-Soviet independence and democratization rather it is rooted in the political and moral code of Kazakh society. The socio-political thought of Bukhar Zhyrau in the form of Seven Charters or Zheti Zhargy has its influence on Kazakhstan’s political and legal life. He was the first person in the Kazakh Khanate of Abylai Khan who foresaw the threats to the Khanate from the Russian Empire during the 18th century. His thoughts on civil laws and administration are stretched into the modern-day constitution of Kazakhstan.

Constitutional Day reminds the day when the republic came into being in legal terms, ensuring civil liberties and outlining national duties. It further reinforces the national resolve to adhere to constitutional principles determining the pathway for the government and the public. It creates a mutual set of rights and duties binding the state and public into a social contract where the state demands loyalty and respect to national values, whereas the public demands civil liberties. This two-way approach makes the Kazakh constitution a robust social contract and a blueprint for the country’s social, political, and economic development.

Kazakh constitution is the instant product of post-Soviet independence and democratization rather it is rooted in the political and moral code of Kazakh society.

The Constitution secures fundamental rights, establishes the separation of powers, and upholds the rule of law. It delineates the structure and functions of the government, including the president, parliament, and judiciary. Over the years, the Constitution has evolved through amendments to meet the nation’s changing needs.

It is pertinent to highlight that the Kazakh constitution is not static but rather a dynamic document that continues to evolve, driven by national needs, and has undergone multiple amendments. The constitutional amendments by the state legislature reflect the public will and empower the constitution to regulate government functions facing new challenges. The Constitution has undergone revisions six times: in 1998, 2007, 2011, 2017, 2019, and 2022. These amendments have affected various aspects of governance, including presidential authority, the roles of parliamentary chambers, and the electoral process.

The constitutional changes in 2022 represent a significant milestone in Kazakhstan’s constitutional journey. The amendments, approved in a nationwide referendum, introduced new democratic principles that promote increased citizen participation in governance. They expanded the roles and responsibilities of Parliament while curbing presidential powers. The President is now limited to a single seven-year term and is ineligible for re-election.

The constitution of Kazakhstan guarantees the protection of human rights, reinforces the rule of law, and ensures separation of power among the organs of state; the executive, legislature, and judiciary. The constitutional framework of separation of powers creates a balance between organs of state and establishes a norm of transparency and accountability in decision-making as prescribed under the constitution. This framework of checks and balances is similar to the American constitution but in a distinct manner and Kazakh way.

The recent parliamentary election marked the practical implementation of these constitutional amendments, resulting in the emergence of new political parties and a diverse, multi-party representative body. The formation of the Constitutional Court further safeguards human rights and freedoms by evaluating the conformity of Kazakhstan’s laws with constitutional rights.

Kazakhstan has also enhanced mechanisms for protecting human rights and democracy, elevating the roles and statuses of various ombudspersons to ensure equal opportunities for all citizens. The constitution’s recognition of the people’s ownership of natural resources emphasizes the state’s commitment to the well-being of its citizens, underlining that a nation’s greatness is built on the foundation of its people’s welfare.

The people of Kazakhstan and the government celebrate Constitution Day in diverse ways, including hoisting flags, diplomatic luncheons, cultural activities, and educational programs highlighting the importance and needs of a functional constitution. It further reflects the sense of freedom, especially in post-Soviet Kazakhstan, which began its sovereign political life in the early 1990s. This day enables the Kazakh people to reiterate their support to the state and reaffirm their commitment to the constitution as it demands.

The leadership of Kazakhstan remains committed to upholding the constitution as the supreme law of the land. It reaffirms its commitment to adhere to its legal and moral codes in letter and spirit. This attitude paves the way for building public confidence and encourages citizens to actively participate in public life. Kazakhstan has never been embroiled in a constitutional crisis where its primary authority is undermined and its basic spirit is hurt. The people of Kazakhstan deserve equal credit for making their constitutional journey a success because it is the only protection citizens enjoy in the modern nation-state system.

The writer is the Director Institute of Peace and Diplomatic Studies and the Director Centre for Central Asia and Eurasian Studies.