Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Kazakhstan (Ratification: 2000)

In its previous comment, the Committee welcomed the Plan of Action, elaborated with the participation of the social partners, to give effect to the recommendations of the ILO supervisory bodies and expected that all measures to that end would be taken within the time limits set. While noting the information provided by the Government to the Conference Committee on the Application of Standards (Conference Committee) in May 2023, as examined below, the Committee notes with deepregret that the Government’s latest report contains no new information on the measures taken to address the Committee’s previous comments. The Committee therefore expects that the Government’s next report will contain information on the effect given to the recommendations of the ILO supervisory bodies, as outlined below.

In its previous comment, the Committee requested the Government to provide information in relation to: (i) the situation of Mr Yerlan Baltabai and Ms Larisa Kharkova, two former trade union leaders who had served their respective sentences (after they had been found guilty of the alleged misappropriation of funds) but remained prevented from holding a trade union office pursuant to the provisions of the Criminal Code; and, in this respect, (ii) on the proposals to amend the relevant sections of the Criminal Code so as to remove an additional punishment in the form of a ban on holding a public office (including trade union leadership posts) or a prohibition to engage in “public activities”. The Committee notes with regret from the information provided by the Government to the Conference Committee in May 2023 that this proposal was not supported by the interdepartmental working group on monitoring the application of the Criminal and Criminal Procedure Codes. The Committee further notes with regret that the Government provides no information on the situation of Mr Baltabai and Ms Kharkova. Noting the Government’s indication to the 2023 Conference Committee that despite the lack of support for amendment of the Criminal Code by the interdepartmental working group, the work towards the amendment of the relevant provisions will continue as part of the implementation of the Plan on Further Measures in the field of human rights and the rule of law, the Committee urges the Government to provide information on all progress made in that respect.

The Committee further notes with regret the absence of progress made in investigating the assault, in 2018, on Mr Dmitry Senyavsky, a former trade union leader. Recalling that the Plan of Action included steps to be taken with a view to finding the perpetrators before the end of 2022, the Committee once again urges the Government to intensify its efforts in investigating the incident with a view to bringing the perpetrators to justice, and to report on all progress in this regard.

In its previous comment, the Committee observed with concern that the Government had not responded to the statements made by several speakers during the discussions at the 2022 Conference Committee that the extremely brutal repression of the Zhanaozen strike (in 2011) had resulted in 17 deaths and some 100 injuries among the strikers, and urged the Government to take all necessary measures, in consultation with the social partners, to establish an independent investigation into the events in Zhanaozen, with a view to elucidating all facts and determining responsibilities so that healing and reconciliation can begin to take place. The Committee notes with deep regret the absence of any new information in this regard. The Committee therefore reiterates its previous request and expects the Government to provide information on any measures taken in consultation with the social partners.

Article 2 of the Convention.Right to establish organizations without prior authorization. In its previous comment, the Committee urged the Government to take additional steps to resolve the issue of registration of the affiliates of the Sectoral Trade Union of Workers in the Fuel and Energy Complex (Sectoral Trade Union of TEK Workers). The Committee notes from the information submitted by the Government to the Conference Committee in 2023 that the amendments to the Sectoral Trade Union of TEK Workers’ charter (to change the union’s legal address) was registered and regrets that no further information was provided by the Government in respect of the Committee’s previous request. The Committee therefore urges the Government to provide information on the status of registration of the Sectoral Trade Union of TEK Workers and its affiliates.

The Committee previously requested the Government to amend the Law on Trade Unions so as to ensure that the requirements imposed on trade unions to be recognized as sectoral did not impede, in practice, the establishment of unions at that level. The Committee notes from the information provided by the Government to the Conference Committee in 2023 that the requirements for the establishment of a sectoral trade union were being reconsidered and that contrary to the current obligation imposed on sectoral trade unions to have representative offices in more than half of the country’s regions, it is proposed to provide that a sectoral trade union should have representative offices in the territory of more than half of the regions where enterprises in a particular industry are located. The Committee regrets that no further information has been provided by the Government in this respect. The Committee therefore once again requests the Government to amend the Law on Trade Unions, in consultation with the social partners, so as to ensure that the establishment of sectoral trade unions is not impeded, and to inform it of all progress made in this regard.

The Committee also requested the Government to provide information on developments with regard to a proposal to amend the national legislation, by the first quarter of 2023, to simplify registration by replacing the current procedure with a notification procedure for trade unions wishing to acquire legal personality or allowing trade unions to function without registering and thus, without obtaining legal personality. Noting with regret that the Government provides no new information in this regard, the Committee reiterates its request and expects the Government to provide information on all progress made, including a copy of the amendments once adopted.

Article 3.Right of organizations to organize their activities and formulate their programmes. The Committee previously requested the Government to provide information on all steps taken or envisaged to review section 402 of the Criminal Code so as to ensure that simply calling for a strike action, even one declared illegal by the courts, does not result in detention or imprisonment. The Committee notes from the information submitted by the Government in 2023 that it was considering to convert the criminal offence covered by section 402(1) of the Criminal Code to an administrative offence while still criminalizing actions provoking continued participation in a strike, recognized by the court as illegal, if they cause significant harm to the rights and legitimate interests of citizens or organizations or the legally protected interests of society or the State, or caused mass riots. The Committee regrets the absence of any new information on the review of section 402 of the Criminal Code. The Committee therefore reiterates its previous request and expects the Government to provide information on all progress made in this regard.

Article 5.Theright of organizations to receive financial assistance from international organizations of workers and employers. In its previous comment, the Committee expected that the necessary measures would be taken, without delay, to ensure that workers’ and employers’ organizations were not prevented from receiving financial or other assistance from international workers’ and employers’ organizations. While noting the Government’s indication to the 2023 Conference Committee that the International Trade Union Confederation and the International Organisation of Employers will be included in the list of international organizations which can provide grants to their Kazakhstani affiliates, the Committee regrets the absence of information on whether the expressed intention has resulted in an amendment of the relevant Ordinance. The Committee reiterates its request and expects the Government to provide information on all developments in this regard.

The Committee requests the Government to provide information on any new development in relation to the draft law on employers’ organizations.

[The Government is asked to reply in full to the present comments in 2025.]