The Confederation of Labour of Kazakhstan (CLK) believes that the Constitution of Kazakhstan should be amended to include the right of legislative initiative for trade unions. This proposal for revising the country’s fundamental document was set out in a letter from CLK Secretary General Murat Mashkenov, sent on February 2nd to President of Kazakhstan Kassym-Jomart Tokayev.

In his letter, Mashkenov requests that the Head of State includes the following provision in the draft updated Constitution:

“In order to implement the principles of a social state and to ensure citizens’ participation in the governance of the country, trade unions and other representative public associations of workers shall have the right of collective legislative initiative on matters pertaining to social, labour, and socio-economic relations.”

According to the CLK Secretary General, this approach would enable citizens to submit draft laws to the Parliament of the Republic of Kazakhstan through trade unions and their associations. Thus, trade unions would be able to act as collective initiators and developers for legislative acts. Mashkenov notes that the implementation of this initiative would enhance the public legitimacy of trade unions, serve as an additional incentive for membership, and strengthen the role of social partnership in the country.

“The Confederation of Labour of Kazakhstan consistently advocates for granting trade unions the right of legislative initiative. The constitutional update provides an opportunity to promptly enshrine this instrument in the country’s fundamental document. There are numerous challenges in Kazakhstan’s labour relations that are directly addressed by trade unions: wages and working conditions, employment guarantees, worker upskilling, mentorship development, occupational safety, and many others. I am confident that the more than 9 million working citizens of Kazakhstan should have the opportunity to influence labour legislation through their trade unions,” Mashkenov emphasised.

Kazakhstan is currently getting ready for the constitutional reform. The draft of the new Constitution of the Republic of Kazakhstan has been published on the Unified platform of Internet resources of government agencies. Among other amendments to the fundamental document, the draft proposes the establishment of a new platform for national dialogue, the Qazaqstannyñ Halyq Keñesi (People’s Council of Kazakhstan). It will become a supreme consultative body representing the interests of the people of the Republic, with the right of legislative initiative.

It is worth noting that the Law of the Republic of Kazakhstan “On Trade Unions” already provides for the right of trade unions to participate in the development of normative legal acts affecting labour and social rights and interests of citizens, including employment issues. Similar provisions exist in the legislation of most CIS countries, but none of them gives a direct right to trade unions and their associations to submit draft laws to parliament as an independent subject of legislative initiative.