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2007 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	75
19	Are elections systems transparent and effective?	71

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments:

References: Election Law of the Republic of Kazakhstan, Article 10 [ LINK ]

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments: According to this article, local governing entities (maslikhats) form the commisions: "Territorial, district and divisional election commissions are elected by the corresponding maslikhats based on proposals of political parties. Each political party has the right to propose one candidature to the corresponding election commission. The political party has the right to propose to the election commissions the candidatures who are not members of the given political party. If the political parties do not submit any proposals within the term specified by the maslikhat - not less than one month prior to the term of formation of election commissions - the maslikhats shall elect the election commission based on the proposals of other public associations and superior election commissions."

References: Election Law of the Republic of Kazakhstan, Article 10 [ LINK ]

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments: The chair of the Central Election Commission is appointed by the president, which makes his/her independence questionable. Other members are appointed by the lower chamber of the Parliament.

References: Article Erken Turanov, August 2005 Not Friday, But 13th [ LINK ]

Report. Office for Democratic Institutions and Human Rights. REPUBLIC OF KAZAKHSTAN'S PARLIAMENTARY ELECTIONS, Sept. 19 2004OSCE/ODIHR NEEDS ASSESSMENT MISSION REPORT April 2004 [ LINK ]

Peer Review Comments: The system is geared toward total control by the current masters.

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments: The staff is professional, but there is a high dependency on the political will of the executive.

References: REPORT. Office for Democratic Institutions and Human Rights REPUBLIC OF KAZAKHSTAN'S PARLIAMENTARY ELECTIONS Sept. 19 and Oct. 3, 2004 OSCE/ODIHR Election Observation Mission Report, Dec. 15, 2004 [ LINK ]

Article. Fokina Ninel Evaluation of the Central Election Committee of the Republiic of Kazakhstan. (in Russian) Oct. 5, 2004 [ LINK ]

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments:

References: Materials of the press center of the Central Election Commission. 2007 [ LINK ]

Report. CEC staff. 2007 Responses to The Most Frequent Questions on the Elections to Majilis and Maslikhats of RK [ LINK ]

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments: The Central Election Committee is enforcing the rules, but as the power is concentrated in the institution of the presidency, the treatment of the presidential party is not so impartial. As a consequence many opposition leaders call for boycotting the elections.

References: Report. Office for Democratic Institutions and Human Rights. REPUBLIC OF KAZAKHSTAN'S PRESIDENTIAL ELECTION OSCE/ODIHR Election Observation Mission Dec. 4, 2005 [ LINK ]

Article. Shayhmet Baurzhan Kazakhstan's Auhorities in Discrimination of Opposition Push through Again. (in Russian) Aug. 4, 2005 [ LINK ]

Peer Review Comments:

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments: There were numerous complaints in 2004 and 2005 about the mess in the voter-registration process. It looks like in 2007 the situation has improved.

References: Monitoring. Press service of Zharmahan Tuakbai electoral team. Monitoring of Violations Dec. 4, 2005 [ LINK ];

Report. Office for Democratic Institutions and Human Rights. REPUBLIC OF KAZAKHSTAN'S PRESIDENTIAL ELECTION OSCE/ODIHR Election Observation Mission Dec. 4, 2005 [ LINK ]

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments: By constitution, any citizen can go court and start a case if they feel their rights have been violated. There were cases when people were not satisfied with the election results.

References: Constitution of the Republic of Kazakhstan, Article 76

Peer Review Comments: However, the judicial system is dysfunctional and corrupt itself.

Peer Review Comments:

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments: Observers and politicians made several appeals, but the results of the elections were not changed.

References: NGO Society of young professionals and political movement ""Za spravedlivyi Kazakhstan" made an appeal to the court about abuses on the elections in 2005 (in Russian) Internet newspaper zonakz.net www.zonakz.net\articles\10431 Dec. 15, 2005 www.zonakz.net\articles\10110 Nov. 10, 2005

"Formally you can go to the court to challenge the results but judicial protection is not effective" Interview with Timur Kadyrbayev, lawyer of NGO Society of Young Professionals, July 26, 2007, Almaty

Peer Review Comments: The judicial system is largely a servant of the current executive.

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments: The Office of the Prosecutor made a claim that the video materials of the opposition party are violating some norms in the law. The opposition thinks the prosecutor is not impartial. Generally, military and security forces do not interfere in elections. There were reports that officers of some security forces were buying out the opposition newspapers.

References: Statement of General Prosecurtor Office in Kazakhstan July 24, 2007 [ LINK ])=ru&nid=1656;

News report. Team of Adil Soz NGO Suits for "Freedom of Speech" Are Growing [ LINK ] (in Russian)

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments:

References: Election Law: Article 20-1. Observers of Political Parties, Other Public Associations, Non-profit Organizations of the Republic of Kazakhstan; Article 20-2. Observers of Foreign States and International Organizations, Representatives of Foreign Mass Media [ LINK ]

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments:

References: Press release of the Republican Network of Independent Observers (RNIO), Kazakhstan, on their intention to monitor the parliamentary elections in 2007. They were monitoring elections before and now they would send more than 2,000 observers. They also produced a report on the local elections in 2006. [ LINK ];

OSCE observers produced a report on the presidential elections of 2005. They were invited by the government to monitor the elections. [ LINK ]

Peer Review Comments: Election observers have been hampered in the past and continue to be hampered.