CIVICUS discusses the forthcoming constitutional referendum in Kazakhstan with Yevgeniy Zhovtis, Chief Expert Consultant at the Kazakhstan International Bureau for Human Rights and Rule of Law. Central Asia’s largest human rights organisation, it works on civil liberties, political rights and strategic litigation at national, regional and global levels.

Kazakhstan goes to the polls in a constitutional referendum on 15 March. Civil society has condemned the proposed constitution as a manoeuvre to consolidate authoritarian rule that strips away the last meaningful checks on presidential power. The government has responded to opposition with arrests and intimidation, making clear that dissent, however mild, won’t be tolerated.

What are the key constitutional changes, and why is civil society alarmed?

The proposed constitution reshapes Kazakhstan’s institutional architecture, concentrating executive power further. It replaces the current two-chamber parliament with a single-chamber one, reintroduces the position of vice-president and shifts from a mixed electoral system to fully proportional representation.

The changes will weaken already limited institutional checks on presidential authority. The unicameral parliament, in particular, removes what few mechanisms existed for legislative oversight. This pattern is familiar: the 1995 constitution, also adopted through a similarly rushed and opaque process, created a super-presidential system that has only become more authoritarian in the three decades since.

The vice president, despite new formal powers, will be appointed by the president with minimal parliamentary input, rather than elected as in the 1993 constitution. More critically, if parliament twice rejects presidential nominees for key positions such as constitutional court members or the parliamentary chair, the president can dissolve it. Parliament therefore has no real power to block presidential appointments. It can only approve or face elimination.

This constitution appears designed not for the current president but his successor. The ruling elite has spent decades eliminating rivals and opposition to clear the political field. A future president will inherit absolute power, with no meaningful checks, no opposition in parliament and no independent media to provide scrutiny. This constitution is the final institutional lock on authoritarian rule. We don’t oppose it because of specific articles but because of the trajectory it represents.

Does the new constitution leave any institutional constraints on presidential power?

Not really. Kazakhstan already had an extremely strong presidency, and the new constitution removes the few remaining restraints. The constitutional court, which previously had some independence, will become even more subordinate to the president’s will. The president will appoint judges and they will be confirmed by a parliament that cannot refuse without risking dissolution. This means the court will never rule against the president on fundamental issues.

Rights protections will weaken because there will be no independent body to enforce them. With a weaker parliament and a judiciary entirely dependent on the president, there will be no effective institutional avenue for defending rights against state abuse. Protest rights, already severely restricted, are unprotected. Permits are required but impossible to obtain, peaceful gatherings are blocked and organisers face arrest. The new constitution only strengthens the executive’s ability to restrict protests.

Most dangerous is the combination of unchecked executive power with the parliamentary dissolution mechanism. If parliament dares vote against a presidential nominee twice and the president dissolves it by decree, the president can continue to rule by decree in the interim period before new elections are held and a new parliament convenes. In Kazakhstan’s experience, such periods can last months. There’s no mechanism to stop a president dissolving and reconvening parliament at will to rule indefinitely by decree.

How has the government responded to criticism of the referendum?

The government has arrested activists, detained journalists and prosecuted civil society figures who dared to criticise the constitutional process or call for a boycott. One colleague from Transparency Kazakhstan is now in pretrial detention facing up to four years in prison. His offence was to post a call for a ‘smart boycott’ on social media, in which he explained how people could abstain without facing legal consequences. The government criminally charged him for obstructing the exercise of electoral rights.

According to documents leaked from the presidential administration, the government instructed university deans to organise students to post positive content about the constitution. Authorities have staffed electoral commissions with state employees and teachers dependent on government budgets and are pressuring public servants to vote, even requiring them to photograph their ballots.

The government isn’t trying to hide its repression. It’s openly using the security apparatus to silence critics, confident there won’t be much international condemnation. Kazakhstan’s location between China and Russia, combined with its strategic importance, means western pressure will be muted.

How is civil society organising around the referendum?

This isn’t really a referendum; it’s a political technology event, orchestrated from the beginning. There will be no genuine choice: voters will be asked to approve the entire constitution. The government controls the electoral commission’s system and the media and has demonstrated its willingness to manipulate results. In a 2022 referendum, authorities pressured public servants to photograph their ballots and report their votes to their superiors. We expect similar coercion this time, combined with falsified turnout figures.

Civil society’s capacity to organise against this charade is severely constrained. We don’t have the freedom to hold rallies, run mass campaigns or conduct public outreach. There are no independent media platforms. All television and radio are state-controlled or aligned with state interests. We work through limited channels, such as Telegram, YouTube and international platforms.

What we are doing is providing legal analysis of the constitution, showing how it removes checks and balances, how it compares unfavourably to the 1993 and 1995 constitutions and why it is dangerous. We are documenting the government’s repressive response and raising awareness internationally. Although international pressure will be limited, documentation and visibility matter for historical record and future accountability.

We are realistic about our limitations. Most people in Kazakhstan don’t care about the constitution or are too afraid to express opposition. There’s what we call ‘learned helplessness’ – people fear that opposing the government will bring personal consequences, and this is not an irrational fear. We cannot stop this referendum from passing. Its outcome is predetermined. But we can ensure the world knows what happened and why, and maintain networks for future resistance.

What are the implications of the referendum for Kazakhstan’s future?

Once the referendum passes and the new constitution enters into force on 1 July, parliament will be dissolved and elections held under the new electoral system to ensure ruling party dominance. The president will rule by decree for months while new institutions are organised. Appointments to the constitutional court, security apparatus and other key positions will entrench the control system further. Opposition figures will continue to be marginalised or imprisoned. Independent media will remain suppressed.

The long-term implication is that Kazakhstan is locking itself into a system from which escape becomes progressively harder. Nursultan Nazarbayev, the first president of Kazakhstan, ruled for 30 years, and after stepping down retained power through constitutional protections. The new constitution ensures that future presidents will have the tools to consolidate power even more completely. It’s a system designed to survive power transitions and prevent any possibility of democratic change.

Young people are already disconnected from politics, demoralised by the apparent futility of resistance. Without some dramatic external shock or internal collapse, which is possible but not predictable, Kazakhstan will likely remain authoritarian for decades to come.

CIVICUS interviews a wide range of civil society activists, experts and leaders to gather diverse perspectives on civil society action and current issues for publication on its CIVICUS Lens platform. The views expressed in interviews are the interviewees’ and do not necessarily reflect those of CIVICUS. Publication does not imply endorsement of interviewees or the organisations they represent.