Expert Says Kazakhstan’s National Action Plan on Business and Human Rights is Key
Kazakhstan Implements UNDP Project on Business and Human Rights
Kazakhstan is making strides in implementing the Business and Human Rights project by the United Nations Development Programme (UNDP), aimed at strengthening the mechanisms for protecting the rights of its citizens. This initiative is based on the UN Guiding Principles on Business and Human Rights.
A National Baseline Assessment on Business and Human Rights has been conducted, setting the stage for the formulation of a subsequent National Action Plan on Business and Human Rights. Tatyana Zinovich, the acting director at the Legal Policy Research Centre Public Foundation and a member of the expert group, spoke about the legal protection of Kazakh citizens in the realm of entrepreneurial activity.
The protection of human and citizen rights in the context of business operations in Kazakhstan is a complex issue. Every human right can potentially be affected by entrepreneurial activities in the country. There are two primary challenges that need to be addressed. Firstly, the legislation does not always meet international standards, as is evident from numerous recommendations under the Universal Periodic Review and reporting procedures to the UN. Secondly, there is a discrepancy between the legislation and its actual application in practice, leading to legal uncertainty and a decline in citizens’ trust in the legal system. To ensure stability in the legal order, it is crucial to continuously refine and enhance the legislation and ensure its effective enforcement.
These challenges are relevant for all groups of rights impacted by entrepreneurial activities, including labor rights, environmental rights, children’s rights, non-discrimination, the right to association and peaceful assembly, and others.
Although Kazakhstan has ratified several Conventions of the International Labor Organization (ILO) on labor relations, the practical application of these provisions needs improvement. To address this, it is important to align the provisions of the ILO conventions with national laws, educate and update officials, judges, workers, entrepreneurs, and union representatives about the conventions, strengthen oversight and monitoring systems, and foster collaboration between employers and union representatives.
The National Action Plan on Business and Human Rights is a strategic document developed by the government and relevant authorities in collaboration with all stakeholders, including the state, the business community, and civil society. Its purpose is to ensure sustainable and responsible business practices, protect human rights, maintain fairness, and create a favorable business environment. The plan encourages companies and entrepreneurs to implement responsible business standards, conduct human rights due diligence, and consider the impact of their activities on human rights and the environment. It also supports business development that contributes to sustainable development and job creation while benefiting the local community.
The implementation of the National Action Plan requires the involvement of key ministries and departments, as well as institutions and civil society organizations. The participation of NGOs focused on human rights, unions representing workers’ interests, business associations, and human rights and business researchers is crucial. Their involvement will ensure a balanced and objective strategic document that incorporates the interests and needs of all stakeholders.
To develop the plan effectively, it is recommended to ensure broad participation of all relevant stakeholders, adhere to international standards, establish a monitoring and evaluation system, provide transparency in the development process, foster dialogue and cooperation with employers and union representatives, and tailor the plan to suit local circumstances.
Kazakhstan’s efforts in implementing the Business and Human Rights project demonstrate its commitment to protecting and promoting human rights in the business sphere. By strengthening legislation, enhancing enforcement, and engaging all stakeholders, Kazakhstan aims to create an environment where businesses can thrive while respecting and protecting the rights of its citizens.
