Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 2 September 2025. The Committee notes the ITUC indication that, in April 2025, the Government proposed a draft law “On introducing amendments to certain legal acts of the Republic of Kazakhstan for the improvement of the labour legislation”, which, if adopted, would impose on trade unions unnecessary and burdensome administrative requirements, including an annual confirmation of their trade union structure, annual update on their membership, and annual financial reporting. The ITUC also alleges that the draft law denies the right to form or join trade unions to workers “without an employment contract” and workers at small and medium enterprises. The Committee also notes the ITUC indication that in July 2025, the Agency for Civil Service Affairs developed a draft law “On the public service of the Republic of Kazakhstan”, which, if adopted, would deny civil servants the right to form or join trade unions. The Committee requests the Government to provide its comments thereon.

In its previous comments, the Committee requested the Government to provide information on the situation of Mr Erlan Baltabay and Ms Larisa Kharkova, former trade union leaders who, despite having served their sentences for alleged misappropriation of funds, remained barred from holding trade union offices under section 50 of the Criminal Code. In this respect, it also requested an update on the efforts to amend 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” under the Government’s implementation of the Plan on Further Measures in the field of human rights and the rule of law. The Committee notes that the Government reiterates that the criminal cases against Mr Baltabay and Ms Kharkova were unrelated to their trade union activities but rather to their involvement in common crimes. Mr Baltabay was disqualified from holding leadership roles in public associations and non-profit organizations for the period of seven years (until 2026), while Ms Kharkova was banned for five years for holding such positions. The Committee further notes the Government’s indication that, in 2023, the Minister of Justice chaired a meeting of the Interdepartmental Working Group on improving criminal legislation and criminal procedural legislation, during which the proposals to amend section 50 of the Criminal Code were discussed, and that the work in this area continues. The Committee regrets that no significant progress has been made in amending the Criminal Code to remove an additional punishment in the form of a ban on holding a public office (including trade union leadership posts) or engaging in “public activities”. The Committee therefore reiterates its previous request and expects the Government to take necessary measures to that end without further delay. It requests the Government to provide information on all progress made in this regard.

The Committee further once again notes with deep regret the absence of progress made in investigating the assault, in 2018, of Mr Dmitry Senyavsky, a former trade union leader, although the Government’s Plan of Action included steps to be taken with a view to identifying the perpetrators before the end of 2022. The Committee therefore firmly 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 comments, the Committee observed with concern that the Government had not responded to the statements made by several speakers during the discussions at the 2022 Committee on the Application of Standards of the International Labour Conference (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. The Committee recalls that it urged the Government to take all necessary measures to establish an independent investigation into the events with a view to elucidating all facts and determining responsibilities so that healing and reconciliation could begin to take place. The Committee takes note of the Government’s indication that on the orders of the President of Kazakhstan, an interdepartmental investigative team was established to investigate the events in Zhanaozen in 2011, and that a public commission was permitted to investigate a criminal case for the first time in the history of criminal proceedings. The Government points out that most observers from international organizations and government institutions involved in the pretrial and trial proceedings confirmed the transparency of the trial and the investigation. The Committee notes with regret, however, the absence of any information regarding the involvement of the social partners in the process. The Committee therefore reiterates its previous request and urges 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 provide information on the registration status of the Sectoral Trade Union of Workers in the Fuel and Energy Sector (Sectoral Trade Union of TEK Workers) and its affiliates. The Committee notes the Government´s indication that currently, the Sectoral Trade Union of TEK Workers has structural divisions in 11 regions of the country, which complies with the requirements of section 13 of the Trade Union Act, and that on 26 May 2023, by order of the Ministry of Justice, amendments to the Charter of the Sectoral Trade Union of TEK Workers regarding the change of legal address were registered.

The Committee recalls that it had also previously requested the Government to amend the Law on Trade Unions to ensure that the criteria for recognizing sectoral unions did not, in practice, hinder their establishment. The Committee notes the Government´s indication that, following the creation of three new administrative-territorial units, a newly formed branch trade union must now have structural divisions or member organizations in more than ten regions. The Government adds that these requirements are currently under review. Recalling its long-standing concern on this matter, the Committee urges the Governmentto 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 provide information on all progress made in this respect.

The Committee also requested the Government to provide information on developments with regard to a proposal to amend the national legislation 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. The Committee notes the Government´s indication that discussions on this issue are ongoing and that a working group for addressing problematic issues relating to the registration of trade unions, which was jointly set up at the Ministry of Labour and Social Protection and the Ministry of Justice and which includes representatives of national trade union associations, sectoral trade unions, regional trade union associations, and employers’ associations, continues to function. The Committee requests the Government to provide information on all progress made in this respect, 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 to ensure that simply calling for a strike action, even one declared illegal by the courts, did not result in detention or imprisonment. The Committee notes the Government’s indication that the possibility of the revision of section 402 of the Criminal Code is under review in coordination with the relevant public authorities. The Committee therefore reiterates its previous request and expects the Government to provide information on all progress made in this regard.

Article 5. Right of organizations to receive financial assistance from international organizations of workers and employers. In its previous comments, 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. The Committee takes note of the Government’s statement that the inclusion of the ITUC and the International Organisation of Employers (IOE) in the list of international organizations that may grant financial assistance under certain conditions is being examined. The Committee regrets, however, the absence of progress made to this end and reiterates its request to provide information on all developments in this regard.

The Committee also previously requested the Government to provide information on any new development in relation to the draft law on employers’ organizations. The Committee notes the Government’s indication that the Ministry has developed a regulatory policy advisory document related to the draft law “On employers’ associations”, which was submitted to all employers’ associations for review. Consultations were also held with these associations, with the support of the ILO. The Government indicates that most employers’ associations did not support the proposal and that the work on the matter is ongoing. The Committee requests the Government to provide information on all developments in this respect.