Activity

This institute aims at protecting human rights from encroachments from state officials, ensuring the development of legislation, elaborating and introducing educational programs. The entire activity of Ombudsman is fulfilled in conformity with the international commitments of Kazakhstan under the ratified Conventions of the UN and with reference to the practice of the similar institutions around the world. Besides that, Ombudsman closely cooperates with NGOs, mass media and international organizations. Principles of Ombudsman’s activities are publicity, objectivity and impartiality.
Kazakhstani Ombudsman conforms to Parisian Principles on the status of national institutions.
In accordance with the legislation, Ombudsman is appointed by the President of the Republic of Kazakhstan after Senate of the Parliament puts forward their recommendations on the candidacy. The term of Ombudsman office is five years which is considered to be as one of the assurances of his/her independence. Authority of Ombudsman can be early terminated only by Parliament Senate with the President’s recommendation within the framework of legislation. For instance, these cases might be related to health problems which entail inability of carrying out duties, loss of citizenship, entry into conviction force and other valid reasons. List of consequences for early termination of authority, outlined in legislation has been exhaustive. Other reasons for early termination of authority of Ombudsman do not exist, which shows the guaranty of non-replacement of Ombudsman and his independence.
At the same time, legislation directly establishes that Ombudsman is independent and such intervention to his activity is prohibited. Ombudsman is not accountable to anyone which is guaranty of his independence. Ombudsman implements his activity through National center for Human Rights, which is the executive body of Ombudsman. Ombudsman appoints manager and employees of the Centre and draws up the Provision for the centre. This fact demonstrates wide framework of authority of Ombudsman and proves his high socio-political status.
Funding of Ombudsman authority is carried out according to the law, from the republican budget, that is guaranty of his independence. It should be mentionedthat Ombudsman is independent and such intervention to his activity is prohibited. This legal provision is considered to be in compliance with Parisian Principles and International practices which is strong guaranty of independence of the new agency in Kazakhstan.
Ombudsman is vested with wide authorities to protect and promote human rights and freedom .It’s not just about human rights and freedom of RK citizens, but also about foreign citizens and people without particular state identification which are located under the Republic of Kazakhstan jurisdiction. Within the framework of its authority, Ombudsman is entitled to:

  • Take measures in investigation of human rights violations, for example , urgently meeting government officials at all levels, requesting and receiving all necessary information, visit any governmental agencies, including military parts and detention places.

  • Send recommendations to the government officials which are obligated to answer within one regarding taken measures.

  • Officially report about his conclusions to Mass Media

  • In cases when Ombudsman deems it necessary he could directly address to President and Government

  • Promote development of legislation basis of RK and provide its classification with international standards.

  • Promote the development of international relationship

  • Promote and develop human rights sphere through creation of educational programs, informative events and other forms of activities.

As part of its activities, Ombudsman is also entitled to create expert committees and involve specialists, experts and organizations (international, non-governmental etc.)
All the aforementioned activities of Ombudsman are installed through legislation and it is guaranty of his job and objective mark of any situations directly or indirectly related to human right violations. The initial years of Kazakhstani Ombudsman work were crucial in many aspects because of it is being a completely new institution the efficiency of which will be estimated by the practical results of its work. The present institution should achieve a public recognition as an effective mechanism of protection of human rights and proved viability.

 

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