Journalists’ Rights on Election Day - March 19, 2023

The International Foundation for the Protection of Freedom of Speech Adil Soz conducted a special monitoring of the rights of journalists and kept its hotline open to provide legal consultations during the Election Day on March 19, 2023 for the early elections to the Mazhilis (lower chamber of the parliament) and maslikhats (local representative bodies) of the Republic of Kazakhstan. 

In total, 9 cases of violations or attempts to restrict the rights of journalists were recorded. One of the most common violations were attempts by chairmen or members of polling stations to restrict journalists from taking photos or videos. Thus, in Shymkent, Gulzhan Zhakasheva, the chairman of polling station No. 233, did not allow a journalist to cover the voting process from anywhere but observers’ seats. The chairman of the polling station No. 39 in the city of Atyrau, Bauyrzhan Kartan, asked not to be taken on photos or videos. 

Kazakhstani legislation does not regulate exact sites from where journalists can cover voting at the polling station though the law "On Elections" stipulates strict observance of the rules established by the election commission at the polling station. However, members and chairmen of election commissions should contemplate the role of free media reporting in raising public trust and confidence in the elections, therefore their free reporting from the polling stations could be allowed if it doesn’t cause any harm to election processes. As for taking photos or video of members or chairmen of the election commissions, their consent is not required since they are present at a public event, i.e. elections. 

Adil Soz concerned by some attempts to restrict journalists’ work due to incorrect interpretation of the law or ignorance of the law by some members or chairmen of polling stations or other level election commission members. For example, the refusal to provide information on the number of voters at polling station No. 2 in Astana or the refusal to provide information on the results of voting by a member of the district election commission (DEC) of the Zhitikarinsky district of the Kostanay region can serve as examples of a misunderstanding both  of the letter and the spirit of laws “On Elections”, “On Mass Media” and “On Access to Information” by members of election commissions. 

Adil Soz recorded a case of refusal to provide a sealed protocol of the voting results to a journalist at the polling station No. 21 in Kostanay that constitutes a significant violation of the Constitutional Law “On Elections in the Republic of Kazakhstan.” The journalist, along with the observers present at the counting of votes, have the full right to receive a copy of the sealed protocol. 

Conclusions and recommendations: 

Adil Soz records a significant systematic improvement in situation with the rights of journalists on election day in the Republic of Kazakhstan and registers the decreased number of violations of freedom of speech since the 2019 elections. The violations of the rights of journalists recorded in the 2023 elections are occasional, however they indicate that members of election commissions needed more clear training on interaction with journalists. 

Adil Soz calls on the Central Election Commission to reconsider its approaches to training members of election commissions and to be more open and cooperative with the media. The refusal of the Central Election Commission to hold a questions-and-answers session at its Election Day briefings does not contribute to public confidence and trust in the election process and contradicts to the spirit and principles of the ongoing political reforms.