Friday, 03 June 2022 00:00

With referendum, Kazakh President pushes for reforms

By Svante Cornell and Albert Barro

June 3, 2022

https://www.euractiv.com/section/central-asia/opinion/with-referendum-kazakh-president-pushes-for-reforms/

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The proposed constitutional changes, following five months after the greatest unrest in the country’s modern history, accelerate the efforts by the country’s president to push for controlled political reforms. The EU, while focusing on Ukraine, should continue to engage with strategically important Central Asia.

In January this year, protests over energy price hikes spread in Kazakhstan and turned violent in the country’s largest city of Almaty. This crisis displayed the growing restlessness of the Kazakh population, but also the in-fighting among the country’s elites.

It seems clear that the violence was triggered by elites that resisted President Kassym-Jomart Tokayev’s political reforms to safeguard their privileges.

However, President Tokayev emerged from the crisis with greater authority over the country’s governing institutions. The price to pay was calling on peacekeepers from the Russia-led Collective Security Treaty Organisation.

But while many believed this would leave Tokayev indebted to Russia, events since January have proven otherwise. President Tokayev has refused to endorse Russia’s war in Ukraine. At home, far from halting his reform efforts, he doubled down: On 6 March he presented a fast-tracked package of political reforms to the nation and promptly submitted it to a constitutional referendum scheduled for 5 June.

The constitutional amendments, approved on Sunday, are closely consistent with the reform initiatives promised by Tokayev in his 16 March address to the nation.

Key themes from his address that are reflected in the amendments include revisions to the president’s powers, reformatting of the representative branch of government, improvements to the electoral system, and strengthening of human rights institutions.

Recognising that much of January’s unrest arose in protest against the government’s “super-presidential” structure, Tokayev’s reforms aim to reduce the power of the presidency. The president will no longer be permitted to be connected to a political party during his tenure, and his close relatives will be forbidden from serving as senior public servants or as heads of public sector institutions. Furthermore, the president forfeits the right to cancel actions by regional mayors.

Reducing presidential power is matched with the strengthening of parliament. Presidential appointments will now require Senate approval, and the Supreme Audit Chamber, which will oversee the national budget, is to report biannually to the lower house of parliament.

Furthermore, while in the past, the upper house adopted laws, this is now shifted to the more representative lower house, reducing the senate’s role in approving laws passed in the lower chamber.

This shift is magnified by introducing a mixed electoral system for the lower house, with 30% elected in single-member districts and 70% by party lists. Steps are also being taken to lower the obstacles to forming new political parties.

The amendments address several human rights issues too. A key amendment is the establishment of a Constitutional Court to which citizens, along with the Prosecutor General and Human Rights Commissioner, can appeal directly to challenge violations of constitutional rights. The Prosecutor General and Human Rights Commissioner also receive greater independence from other state bodies or officials.

Some initiatives that President Tokayev promised in his March address to the nation are not included in the amendments. A key area is the clarification of the rights and responsibilities of the media.

One of the most pernicious criticisms of Kazakhstan’s record concerns the rights of journalists, who are often persecuted under defamation laws. Tokayev promised a draft law on the media, which will be met with great anticipation.

The changes to Kazakhstan’s political system will not turn the country into a parliamentary democracy anytime soon. They remain within the fundamental paradigm that has been President Tokayev’s intention since his election in 2019: top-led gradual change to the existing system to make government more effective and provide greater openness without losing control.

Still, compared to Tokayev’s earlier reform packages, these reforms represent a shift: earlier reforms sought mainly to make the state deliver better services to the people and shore up its legitimacy that way.

They only aimed to build participatory and competitive politics very slowly at the local level. By contrast, the current reform package indicates that President Tokayev now sees a gradual liberalisation of the political system at all levels as necessary for the system to maintain its legitimacy.

While the EU and US are preoccupied with the Ukraine war, they should pay attention to events in Central Asia. Following the chaotic US withdrawal from Afghanistan, the region has largely disappeared from the sights of Western policymakers.

This is a mistake, as the region will be crucial to the long-term containment of both Russia and China. Supporting reform processes in Kazakhstan and its neighbour Uzbekistan, particularly the difficult implementation of reforms that are now on the books, would go a long way to helping stability and progress in the region.

A longer analysis of Kazakhstan’s reforms can be found here.

Svante E. Cornell is Director, and Albert Barro a Project Associate, with the Central Asia-Caucasus Institute & Silk Road Studies Program, a Joint Center affiliated with the American Foreign Policy Council and the Stockholm-based Institute for Security and Development Policy.

Read 2156 times Last modified on Friday, 10 June 2022 18:29

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    Case Studies

    Each study below can be freely downloaded in PDF format.

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    Articles and Analyses

    Svante E. Cornell, "Religion and the State in Central Asia," in Ilan Berman, ed., Wars of Ideas: Theology, Interpretation and Power in the Muslim World, Lanham, MD: Rowman & Littlefield, 2021.

    Svante E. Cornell, "Central Asia: Where Did Islamic Radicalization Go?" in Religion, Conflict and Stability in the Former Soviet Union, eds. Katya Migacheva and Bryan Frederick, Arlington, VA: RAND Corporation, 2018.

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    ------------------

    Develop a substantial and prolonged Western initiative on the Armenian-Azerbaijani conflict.

    o This initiative must be led by the United States, in close consultation with its European partners – primarily the EU Commission and External Action Service, and France. Barring some process to reinvigorate the Minsk Process – a doubtful proposition given Western-Russian relations in the foreseeable future – Western leaders must be prepared to bypass that process, utilizing it where appropriate but focusing their initiative on developing direct negotiations between the Armenian and Azerbaijani leaders.

    o The U.S. and its European partners must abandon the practice of relying solely on the Minsk Group co-chairs to resolve the Karabakh conflict. These diplomats have contributed greatly to formulating a workable framework agreement. However, strong and sustained U.S. Government leadership from the top level is needed to complement or, failing that, to replace the Minsk Process. In practice, this means the expressed support of the President, involvement of the White House, and leadership manifested in the appointment of a distinguished citizen as Special Envoy for the resolution of the conflict.

    o The EU must take a more clearly defined and substantial role in the process, by integrating to the highest degree possible the French co-chairmanship of the Minsk Group with EU institutions. While Washington will need to take the lead on the political side, it would be natural for the EU to take the lead in organizing an international development program for the currently occupied Azerbaijani provinces and Karabakh itself. That effort, too, would need to be led by a senior EU figure.

    --------------------------------------------

    In 2011, CACI & SRSP helped launch an extensive study of the steps needed for the post-conflict rehabilitation of Azerbaijan's occupied territories, in cooperation with Eldar Ismailov and Nazim Muzaffarli of the Institute for Strategic Studies of the Caucasus. The monograph "Basic Principles for the Rehabilitation of Azerbaijan's Post-Conflict Territories" can be accessed here

     

    More background resources:

    Svante E. Cornell, "Can America Stop a Wider War Between Armenia and Azerbaijan?", The National Interest, October 2020

    Brenda Shaffer and Svante E. Cornell, Occupied Elsewhere: Selective Policies on Occupation, Foundation For Defense of Democracies, January 2020. 

    Brenda Shaffer and Svante E. Cornell, "The U.S. Needs to Declare War on Proxies", Foreign Policy, January 27, 2020

    Svante E. Cornell, “The Raucous Caucasus”, American Interest, May 2017

    Svante E. Cornell, Small Nations and Great Powers: A Study of Ethnopolitical Conflict in the Caucasus, RoutledgeCurzon, 2001.

    Svante E. Cornell, The Nagorno-Karabakh Conflict, Uppsala University, 1999

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     “Cross-Border Escalation between Armenia and Azerbaijan,” Central Asia-Caucasus Analyst, 9/25/20, Natalia Konarzewska

    Russia and Turkey: Behind the Armenia-Azerbaijan Clashes?”, Central Asia-Caucasus Analyst, 8/31/20, Avinoam Idan

    Armenia and the U.S.: Time for New Thinking?”, Central Asia-Caucasus Analyst, 10/2/19, Eduard Abrahamyan.

    Why Washington Must Re-Engage the CaucasusCentral Asia-Caucasus Analyst, 7/8/19, Stephen Blank

    Azerbaijan’s Defense Industry Reform”, Central Asia-Caucasus Analyst, 5/7/19, Tamerlan Vahabov.

    Military Procurements on Armenia's and Azerbaijan's Defense Agendas”, Central Asia-Caucasus Analyst, 3/27/19, Ilgar Gurbanov

    Armenia's New Government Struggles with Domestic and External Opposition,” Central Asia-Caucasus Analyst, 3/20/19, Armen Grigorian.

    Bolton's Caucasian Tour and Russia's Reaction”, Central Asia-Caucasus Analyst, 12/17/18, Eduard Abrahamyan.