Unofficial translation
In accordance with subparagraph 20) of article 44 of the Constitution of the Republic of Kazakhstan, paragraph 1 of article 33 of the Constitutional Law of the Republic of Kazakhstan dated December 26, 1995 "On the President of the Republic of Kazakhstan", I HEREBY RESOLVE:
1. To approve the attached:
1) Regulation on the Commission on Human Rights under the President of the Republic of Kazakhstan;
2) composition of the Commission on Human Rights under the President of the Republic of Kazakhstan.
2. To recognize as invalid the Decree of the President of the Republic of Kazakhstan dated April 22, 1997 № 3470 "On the Commission on Human Rights under the President of the Republic of Kazakhstan" (Collected Acts of the President and the Government of the Republic of Kazakhstan, 1997, № 16, Article 128; 1998, № 17, Article 147; 2000, № 17, Article 167; 2001, № 36-37, Article 463).
3. This Decree shall enter into force on the day of signing.
| President of the Republic of Kazakhstan |
| Approved | |
| by the Decree of the | |
| President of the | |
| Republic of Kazakhstan March 19, 2003 № 1042 |
Regulation on
the Commission on Human Rights
under the President of the Republic of Kazakhstan
1. The Commission on Human Rights under the President of the Republic of Kazakhstan (hereinafter referred to as the Commission) shall be an advisory body that promotes the implementation by the Head of State of his constitutional powers as a guarantor of human and civil rights and freedoms, recognized and guaranteed in accordance with the Constitution of the Republic of Kazakhstan.
The Commission shall be coordinated by the Secretary of State of the Republic of Kazakhstan.
Footnote. Paragraph 1 as amended by the Decree of the President of the Republic of Kazakhstan dated 30.03.2004 №1325.
2. The Commission in its activities shall be guided by the Constitution and laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, orders of the Secretary of State of the Republic of Kazakhstan, as well as this Regulation.
Footnote. Paragraph 2 as amended by the Decree of the President of the Republic of Kazakhstan dated 30.03.2004 № 1325.3. The main tasks of the Commission shall be:
1) creation of conditions for implementation by the President of the Republic of Kazakhstan of his constitutional status as a guarantor of human and civil rights and freedoms in the Republic of Kazakhstan;
2) assistance in improving the mechanism for ensuring and protecting the rights and freedoms of man and citizen;
3) assistance in the activities of central and local state bodies in the implementation of state policy in the field of ensuring and protecting the rights and freedoms of man and citizen;
4) participation in development of concepts and programs of state policy in the field of ensuring and protecting human rights and freedoms;
5) assistance in strengthening international cooperation in the field of ensuring and protecting human rights and freedoms.
4. Competence of the Commission shall:
1) consider the appeals of citizens of the Republic of Kazakhstan, foreign citizens, stateless persons, as well as organizations, addressed to the Head of State and directly to the Commission, containing information on facts of violations of human and civil rights and freedoms;
2) prepare reports on the situation with human and civil rights in the Republic of Kazakhstan addressed to the Head of State. These reports may be published in media;
3) consider proposals of state bodies, public associations, other organizations and citizens on the issues falling within the competence of the Commission;
4) develop proposals for improving the mechanism for ensuring and protecting the rights and freedoms of man and citizen and submit them to the President of the Republic of Kazakhstan for consideration;
5) analyze the legislation of the Republic of Kazakhstan, affecting the issues of ensuring and protecting the rights and freedoms of man and citizen, participate in preparation of draft laws regulating these issues;
6) prepare analytical materials, expert advisory opinions and proposals on international human rights treaties;
7) take part in the work of international human rights organizations, other non-governmental human rights organizations.
Footnote. Paragraph 4 as amended by the Decree of the President of the Republic of Kazakhstan dated 13.11.2012 № 427.5. In exercising its powers, under prescribed procedures, the Commission shall co-operate with public authorities, non-governmental human rights organisations, and the media.
With the aim of protecting human and civil rights and freedoms, the Commission shall liaise with law-enforcement authorities.
Footnote. Paragraph 5 as amended by Decree of the President of the Republic of Kazakhstan № 662 of 18.09.2021.6. The Commission, in order to implement the tasks assigned to it, shall have the right:
1) to request and receive the necessary information, documents and materials from government bodies, as well as organizations and officials;
2) to hear at their meetings the information of relevant officials of state bodies on the issues related to the provision and protection of human and civil rights and freedoms;
3) initiate verification by authorized state bodies of information about violations of human and civil rights;
4) to attract, in the established manner, scientists and specialists for performance of certain works;
5) to cooperate with human rights commissions and other similar structures of the member states of the Commonwealth of Independent States, as well as other states to discuss issues related to the observance of fundamental human and civil rights and freedoms.
7. On the issues, within the competence of the Commission, its members in the manner prescribed by law shall have the right to visit government bodies, as well as state organizations.
8. The decisions of the Commission shall be the recommendations and conclusions adopted at its meetings and brought to the attention of the President of the Republic of Kazakhstan.
The recommendations and conclusions of the Commission shall be adopted by a simple majority of votes of the members present at the meeting. In case of equality of votes, a decision shall be considered adopted for which the chairman of the meeting voted.
9. The recommendations and conclusions of the Commission, adopted within its powers, shall be submitted to the relevant state body whose competence includes the solution of the issue.
The state body and its officials, who received recommendations and conclusions of the Commission, shall be obliged to consider them within the prescribed period and notify of the decision made.
10. The Commission shall consist of the chairman, secretary and members of the Commission, approved by the President of the Republic of Kazakhstan at the recommendation of the Secretary of State of the Republic of Kazakhstan.
The Chairman and members of the Commission shall participate in its work on a voluntary basis.
Footnote. Paragraph 10 as amended by the Decree of the President of the Republic of Kazakhstan dated 30.03.2004 № 1325.11. The Chairman of the Commission shall head the Commission, give instructions to the secretary and members of the Commission, determine the agenda for its meetings, sign office documents, recommendations and conclusions of the Commission, participate in meetings related to human rights and freedoms, in agreement with the Secretary of State of the Republic of Kazakhstan submit proposals to the President of the Republic of Kazakhstan on improving the activities of the Commission.
In the absence of the Chairman of the Commission, official documents, recommendations and conclusions of the Commission shall be signed by its secretary.
Footnote. Paragraph 11 as amended by the Decree of the President of the Republic of Kazakhstan dated 30.03.2004 № 1325.12. Meetings of the Commission shall be convened by its chairman as necessary, but at least once a quarter. Meetings of the Commission shall be considered valid if more than half of its members are present.
In the absence of the Chairman of the Commission, the secretary of the Commission shall preside at its meetings.
13. The Internal Policy Department of the Executive Office of the President of the Republic of Kazakhstan shall provide information and analytical and organisational support for the activities of the Commission.
The Internal Policy Department of the Executive Office of the President shall also offer organisational, methodological, informational and other assistance to the officials of the akims' offices in the regions, cities of national importance and the capital, who are responsible for human rights issues and the consideration of applications from private persons and legal entities.
Footnote. Paragraph 13 - as reworded by Decree of the President of the Republic of Kazakhstan № 662 of 18.09.2021.14. In order to conduct expert analytical studies, an expert council shall be established under the Commission, consisting of representatives of scientific institutions, educational organizations and non-governmental organizations, working on a voluntary basis. The composition of the expert council shall be approved at a meeting of the Commission.
| Approved by the Decree of the |
|
| President of the Republic of Kazakhstan March 19, 2003 № 1042 |
Composition of the
Commission on Human rights
under the President of the Republic of Kazakhstan
Footnote. Composition as amended by the decrees of the President of the Republic of Kazakhstan dated 30.03.2004 №1325; dated 30.05.2005 № 1582; dated 30.05.2006 № 128; dated 08.01.2007 № 238; dated 24.04.2008 № 576; dated 12.11.2008 № 689; dated 22.05.2009 № 815; dated 26.07.2011 № 128; dated 13.03.2012 № 284; dated 13.11.2012 № 427; dated 12.02.2014 № 750; dated 11.04.2014 № 795; dated 17.09.2014 № 911; dated 04.12.2014 № 971; dated 08.02.2016 №191; dated 09.06.2016 №275; dated 07.09.2016 №316; dated 10.10.2016 №357; dated 14.03.2017 № 446; dated 20.10.2017 № 568; dated 21.02.2018 № 642; dated 13.06.2018 № 701; dated 30.10.2018 № 782; dated 26.02.2019 № 862; dated 01.06.2019 № 57; dated 22.07.2019 № 74; №195 of 28.10.2019; № 415 of 15.09.2020; № 541 of 31.03.2021; № 644 of 27.08.2021; № 662 of 18.09.2021; № 116 of 27.01.2023; dated 12.10.2023 №373.
Abishev Tastemir Dautovich | - | public figure, deputy chairman of the Commission (as agreed)” |
Members of the Commission: | ||
Voronov Vitaliy Ivanovich | - | President of the Almaty Law Corporation Public Association (as agreed) |
Akhmetzhanova Bayan Temirtasovna | - | Chairman of the Ardagher Public Association (as agreed) |
Espolov Tlektes Isabaevich | - | Rector of the Kazakh National Agrarian University (as agreed) |
Lukin Andrey Ivanovich | - | Chairman of the Committee on International Relations, Defense and Security of the Senate |
Taimerdenov Meirambek | - | Chairman of the Judicial Board for Civil Cases of the Supreme Court of the Republic of Kazakhstan |
Dauletalin Satybaldy Telagyssovich | - | Chairman of the Federation of Trade Unions of the Republic of Kazakhstan (as agreed) |
Nabiyeva Gulzi Askenovna - | - | Director of the ZHARIA Public Association (as agreed) |
Alexander (Mogilev Alexander Gennadyevich) | - | Archbishop of Astana and Almaty of the Russian Orthodox Church in Kazakhstan (as agreed) |
Turgumbayev Yerlan Zamanbekovich | - | Minister of Internal Affairs of the Republic of Kazakhstan |
Utegenov Sharipbay Abdumalikovich | - | Chairman of the Union of Veterans of Afghanistan and Local Wars of the Republic of Kazakhstan Public Association (as agreed) |
Baisakova Zulfiya Mukhammedbekovna | - | Chairman of the Board of the Union of Crisis Centres Association of Legal Entities in the Republic of Kazakhstan (as agreed) |
Kazkenov Ruslan Kazbekovich | - | Chairman of the Civic Peace Public Association (as agreed) |
Shapkenov Serik Zhambulovich | - | Minister of Labour and Social Protection of the Republic of Kazakhstan |
Utpinov Nauryzbay Taganovich | - | Supreme Mufti, Chairman of the Spiritual Administration of Muslims of Kazakhstan (as agreed) |
Turmagambetova Zhemis Utegenovna | - | Executive Director of the Charter for Human Rights Public Foundation (as agreed) |
Zhailganova Anar Nuralykyzy | - | Chairman of the Agency of the Republic of Kazakhstan for Civil Service |
Volkova Olga Aleksandrovna | - | Director of the Medialife Public Foundation (as agreed) |
Solovyeva Aigul Sagadibekovna | - | Director of the Aimak Public Foundation for the Development of Local Self-Government (as agreed) |
Sman Aisana Smanovna | - | Professor of the Civil and Legal Disciplines Chair of the Turan-Astana University ( as agreed) |
Zharkenova Svetlana Bakhytovna | - | Professor of the Labour, Civil and Environmental Law Chair, L.N. Gumilev Eurasian National University (as agreed) |
Raiymkulova Aktoty Rakhmatullayevna | - | Minister of Culture and Sports of the Republic of Kazakhstan |
Zhaksymbekova Svetlana Salavatovna | - | Senior National Coordinator for Migration Programmes of the International Organisation for Migration in Kazakhstan - United Nations Agency for Migration (as agreed) |
Rogov Igor Ivanovich | - | Deputy Executive Director of the Foundation of the First President of the Republic of Kazakhstan - Yelbassy, Chairman of the Commission ( as agreed); |
Shipp Denis Alekseyevich – | - | Chairman of the Supreme Judicial Council of the Republic of Kazakhstan (as agreed); |
Assylov Berik Nogayevich | - | First Deputy Prosecutor General of the Republic of Kazakhstan, |
Sabitova Ainur Alimkhanovna | - | Director of the Sorbonne - Kazakhstan Institute of the Kazakh National Pedagogical University named after Abai |
Udartsev Sergey Fyodorovich | - | Judge of the Constitutional Court of the Republic of Kazakhstan (as agreed) |
Yeskarayev Azamat Nessipbayevich | - | Minister of Justice of the Republic of Kazakhstan; |
Lastayev Artur Yermekovich | - | Human Rights Ombudsman of the Republic of Kazakhstan (as agreed); |
Sayassat Nurbek | - | Minister of Science and Higher Education of the Republic of Kazakhstan; |
Khassanova Shakhnoz Kulabdullayevna | - | Director of the Sana Sezim Legal Centre for Women's Initiatives Public Association (as agreed). |
Balaeva Aida Galymovna | - | Minister of Culture and Information of the Republic of Kazakhstan |
Burasheva Gulmira Mayorovna | - | Chairperson of the public association “Commission on the Rights of People with Disabilities |
Giniyat Azhar | - | Minister of Health of the Republic of Kazakhstan |
Ekhlasova Aliya Aitbekovna | - | The head of the sector of the Internal Policy Department of the Administration of the President of the Republic of Kazakhstan, secretary of the Commission |
Zhakupova Svetlana Kabykenovna | - | Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan |
Zhumagali Askhat Zhumagaliuly | - | Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) |
Zakieva Dinara Bolatovna | - | Commissioner for Children’s Rights in the Republic of Kazakhstan (as agreed) |
Imasheva Snezhanna Valerievna | - | Chairperson of the Committee on Legislation and Judicial Reform of the Mazhilis of the Parliament of the Republic of Kazakhstan |
Nurtleu Murat Abugaliuly | - | Deputy Prime Minister of the Republic of Kazakhstan - Minister of Foreign Affairs |
Pen Sergei Gennadievich | - | Provost (Rector) of KAZGUU University named after M.S. Narikbaev |
Sadenov Erzhan Saparbekovich | - | Minister of Internal Affairs of the Republic of Kazakhstan |
Duysenova Tamara Bosymbekovna | - | Deputy Prime Minister of the Republic of Kazakhstan” |
