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06 September 2010, 14:30 Kazakhstan's Constitution step by step moves toward liberalization and democratization - Irnerio Seminatore ![]() BRUSSELS. September 6. KAZINFORM /Dimash Syzdykov/ Fifteen years ago on August 30, 1995 at the initiative of Kazakhstan President Nursultan Nazarbayev as a result of the nationwide referendum the supreme national law was adopted. As is known, while drafting the Constitution the French model, providing for a strong president and a strong parliament, was taken as a basis. According to the European experts, time has shown that model was most appropriate for Kazakhstan, since it allowed to ensure political stability, social harmony, economic development and effective protection of rights and freedoms of citizens. Irnerio Seminatore, President of the European Institute of International Relations told about the main stages of the Kazakhstan's Constitution, its peculiarities and influence on the country's development in an interview with Kazinform. Mr. Seminatore, we know that you being a lawyer closely monitor the development of law in Central Asia. Recently Kazakhstan has celebrated the 15th anniversary of its Constitution. What do you think about the main stages of the development of the Kazakhstan's Constitution? The political evolution of the Kazakhstan's Constitution can be divided in two stages. The first one began in 1995 when it was based on the French model. In that period it was necessary to establish fundamentals of developing a system of law, introduce principles of separation of powers, lay the basis for rights and freedoms. A presidential form of government was adopted then. The second stage was started in 1998 by the introduction of amendments to the Constitution. This period can be called clarifying the provisions of the Constitution. Those amendments touched upon the political parties and election legislation. The reforming was aimed at ensuring gradual transition from a presidential form of government to a presidential-parliamentary one. Does it mean that the constitutional reforms were aimed at liberalizing and democratizing the political system and society? Yes. The reforms were conducted to bring the Constitution into compliance with the main international standards. The development of human rights and freedoms was seen in the world then. Kazakhstan established the institute of ombudsman to control the observance of human rights. In 2006 the country started the new phase of reforms connected with preparation of Kazakhstan's candidacy for the OSCE chairmanship. This period is marked with the emergence of norms promoting development of civil society, freedom of speech and mass media. In 2007 Kazakhstan held the constitutional reform aimed at liberalizing the supreme law. The powers of the Parliament were expanded. Do you believe the French model of the Constitution, in which both a president and a parliament are strong, has proven itself in development of Kazakhstan? This model turned out to be more suitable for Kazakhstan because it ensured political stability and prevented the society from a split. A new state that needs development in both internal and foreign policies needs stable and strong political elite that would promote the state. On these conditions the role of the President is very important, he has to be a leader and an arbiter; exactly what it was done in Kazakhstan. What is the way political reforms influenced the development of rights and freedoms in Kazakhstan? The point is that declaring certain rights and freedoms is easier than applying them practically. It is quite common when secured in legislation norms are not applicable in practice. In this regard we should mention that Kazakhstan adopted the National Action Plan in the sphere of human rights for 2009 - 2012. This document includes a lot of issues even such important issues as combating extremism and drugs. This is one more proof that Kazakhstan is ready to implement the rights and freedoms that the Constitution provides. Certainly, it is important to continue work in this direction paying special attention to implementation of these norms in practice. Developing the policy of law is vital because it defines what is legal and what is not. In your opinion is it necessary to continue development of the constitutional law of Kazakhstan? Definitely, it is necessary. For instance, the process of developing a state along with conducting constitutional reforms step by step moves to liberalization and democratization. Economic freedoms depend on political ones. Besides, the application of these norms is very important. Investors will never pay attention to the country, especially to such important sectors as infrastructure, development of transport, oil, if there are no guarantees. I have been monitoring economics of Kazakhstan for many years and can conclude that you have made a great progress in this sphere. You succeeded in democratization of political structures and simultaneously laid the basis for development of economics. I would like to wish Kazakhstan success in all future reforms. Thank you very for the interview. Comments (0)
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