The Right to Freedom of Forming Associations

The right to form associations in the Republic of Kazakhstan is regulated by Articles 5 and 23 of the Constitution, Section VII Chapter 2 of the Civil Code, laws on non-commercial organizations, political parties, public associations, trade unions, freedom of conscience and religious associations, some statutes of legislation on national security and the counteraction of extremism, criminal, administrative, and tax legislation, and also entire and acts and bylaws: instructions, regulations, statutes, etc.

The freedom to form associations gives people the right to collectively voice, pursue, and defend common interests exactly in the same manner as these are voiced, pursued, and defended by the individual.

The guarantee of the right to form associations is contained in fundamental international documents on human rights – The Universal Declaration of Human Rights (Article 20), the

International Covenant on Civil and Political Rights (Article 22), in many UN Conventions, and in regional documents on human rights.

A series of provisions regarding responsibilities of guaranteeing the right to form associations are contained in OSCE documents, adopted at its meetings.

The Republic of Kazakhstan ratified the International Covenant on Civil and Political Rights, and upon joining the UN and the OSCE, has taken upon itself certain responsibilities in the observance of fundamental human rights and freedoms including the right to form associations.

These responsibilities are set out not only by the establishment in the Constitution and national legislature of the right to form associations, but in the perceptions of the contemporary interpretation of this right, its regulating, and the legality of the validity and adequacy of limitations imposed.
Consequently, the matter not only includes the political responsibility to guarantee the right to form associations, but also how this responsibility is fulfilled in concrete situations.

  1. Issues Regarding the Legal Position of Public Associations in the Republic of Kazakhstan
  2. Issue Regarding Legal Forms of Public Associations in Kazakhstan
  3. Issues Regarding Members, Organizers, and Founders of Public Associations in the Republic of Kazakhstan
  4. Issues of Registration of Public Organizations in the Republic of Kazakhstan
  5. Issues Regarding Limitations on the Right to Unite and the Responsibilities of Public Organizations in the Republic of Kazakhstan