October 4, 2024
Almaty
MediaNet International Center for Journalism Public Foundation expresses its disagreement with the refusal of the Central Election Commission of the Republic of Kazakhstan (CEC RK) to consider MediaNet’s notification regarding DEMOSCOPE Express Public Opinion Monitoring Bureau’s poll on the topic of nuclear power plant construction and the national referendum in Kazakhstan.
Since 2012, MediaNet International Center for Journalism has regularly conducted public opinion polls, including on elections and referendums, always in compliance with Article 28, Paragraph 9 of the Constitutional Law On Elections in the Republic of Kazakhstan. This fact has been confirmed by previous official notifications from the CEC RK (№ОСК-580-133/1217 dated June 27, 2019, and №ОСК-402/346 dated March 3, 2023).
In this recent refusal to conduct the survey (dated October 1, 2024), the CEC RK refers to Article 7-1 of the Constitutional Law of the Republic of Kazakhstan On the Republican Referendum, which states that surveys related to the national referendum must be conducted during the period of its preparation and execution. At the time of submitting our notification and receiving the CEC RK’s response, the legally defined timeframes had not yet been exhausted. Therefore, if the CEC RK had issued a positive decision, the survey would have been conducted within the legally prescribed period.
Additionally, in justifying the refusal, the CEC RK cites Article 8, Paragraph 3 of the Constitutional Law On the Republican Referendum – Ensuring the National Referendum. According to this provision, “any direct or indirect participation of international organizations and international public associations, foreign state bodies, legal entities and citizens, and stateless persons in financing and otherwise supporting activities related to the referendum is prohibited.”
We believe that the CEC RK has misinterpreted the legal provisions, as foreign funding of the survey and the survey itself cannot be equated with activities directly related to ensuring the conduct of the referendum. Furthermore, a public opinion survey cannot influence the logistical activities of organizing the referendum.
It is worth noting that the conduct of public opinion surveys is regulated by the Constitutional Law of the Republic of Kazakhstan On Elections, to which both MediaNet International Center for Journalism and its DEMOSCOPE Express Public Opinion Monitoring Bureau fully comply.
Therefore, we believe that the CEC’s decision violates the principles of transparency and limits society’s ability to access alternative, reliable information on the public’s support for or opposition to the construction of a nuclear power plant in Kazakhstan.
We call on the CEC RK to consider this statement and reconsider its decision to prohibit the survey. We believe that the interests of citizens in obtaining reliable information, as well as the need for a civilized dialogue between the authorities and civil society, should be taken into account when making decisions.