History

The establishment of Ombudsman in Kazakhstan resulted from protracted efforts on encouragement of the given institute, emphasizing its role and the international practice, revealing its positive influence on a situation with human rights. It is necessary to note that the role of international organizations, such as the UN Development Program, the UN Supreme Commissioner's office for human rights, the Organization for Security and Cooperation in Europe and others which carried out necessary steps for preparation of the Kazakhstani legislation of Ombudsman according to the international standards, including the Parisian Principles on the status of national institutions.

The idea of establishment a new institution was raised in 1995. In January 1995, the group of the Kazakhstani officials comprising of E.Idrisov - the head of the RK President's International department Administration, K.Kolpakov - the head of the Secretariat of the RK Supreme Council, B.Baikadamov - the Secretary of the Commission for Human Rights under the President of the Republic of Kazakhstan participated in Geneva seminar together with the Coordinator of the UN system/Permanent Representative of the UNDP in Kazakhstan Nagel Ringrose and E.Tishenko, Coordinator of the UNDP activities.

This group of people for the first time raised the question of the establishment of Ombudsman in Kazakhstan.

However, at that period of time this task needed to be specified and developed. In this regard, in 1997, systematic actions were taken to encourage establishment of this institution in Kazakhstan. The Commission for Human Rights under the President and the UNDP played a key role in the given process. These two organizations, working in close cooperation, were the catalysts of all process. In 1997 the discussions and roundtables recommending the establishment of the national institution of human rights in Kazakhstan were held. In the same year, the RK Commission for human rights and the UNDP prepared a joint draft aimed at strengthening the Commission’s potential and development of the national institution of human rights. The developed draft was fully studied and signed in 1998 by the RK Government, UNDP and Commission. Since 1998, within the framework of the project a number of International conferences and seminars, missions of the international experts and observers have been organized, joint working groups with representatives of the international organizations, the Government and Parliament of Kazakhstan, and also with involvement of NGOs were created.

So, in June 1998 the International conference on subjects of human rights was held in Astana. In September 1999 the same representative International conference within the Parliament of the RK had discussed the prospects of Kazakhstani Ombudsman. Another international conference devoted to the national institutions of human rights was held in November 1999, in Almaty.

The understanding of necessity in establishment of a new state body was formed within these significant meetings where high-ranking state officials and the leaders of International organizations took part.

The leading statesmen O.Baigeldy, the Chairman of Senate of the RK Parliament, I.Rogov, the Adviser of President, M.Narikbaev, Supreme Court Chairman, S.Tasmagambetov, the Chairman of the Supreme Court Board and other recognized public figures as E.Zhovtis supported the establishment of Ombudsman institution in Kazakhstan with regard to national specificity.

The internationally recognized experts as Dyen Gotterer, the leading consultant to OSCE (in the past – the President of the US Ombudsmen Association), Bryan Burdekin, special adviser to the UN Supreme Commissioner for human rights, Peter Hosking and Sergey Sirotkin, also participated in the work of conferences and seminars.

In August 2002 N.Nazarbaev, President of the Republic of Kazakhstan delivered a speech on the occasion of the 7th anniversary of the Constitution of Kazakhstan. In his speech he noted the functioning of Ombudsman institutions in democratic countries and stressed the nearest establishment of this body in Kazakhstan.

Considering the fact that under the Constitution of Kazakhstan the decrees of the RK President are the integral and one of the major parts of the national legislation, the President’s Decree dated in 19th September 2002 has established the institution of the Commissioner for human rights (Kazakhstani Ombudsman).

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