OECD - Review of the Kazakhstan Commission on Access to Information
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OECD (2020), Review of the Kazakhstan Commission on Access to Information , OECD Public Governance Reviews, OECD Publishing, Paris, https://doi.org/10.1787/3a8d6a0e-en .
Open government promotes the principles of transparency, integrity, accountability and stakeholder participation in support of democracy and inclusive growth. Countries around the world increasingly acknowledge that open government can improve government efficiency and effectiveness, while bringing the administration and its officials closer to citizens.
Kazakhstan has been working to make its government more open, and to better engage citizens and civil society in the policy-making process. To this end, it established a Commission on Access to Information.
In 2017, the OECD conducted an Open Government Review of Kazakhstan as part of its Kazakhstan Country Programme. The review recommended mainstreaming the principles of transparency, accountability, integrity, and stakeholder participation in the countrys ongoing public sector reform process. In order to support the implementation of those recommendations, the OECD was asked to evaluate Kazakhstans new Commission on Access to Information against OECD principles and best practices.
Drawing on OECDs extensive experience, this report assesses the law on access to information of the Republic of Kazakhstan in line with OECD standards and benchmarks the functions of the Kazakhstan Commission on Access to Information against those of similar access to information oversight bodies in relevant OECD countries. The analysis included a comparison of the legal nature, institutional structure and functioning of these institutions, with a focus on the presence and effectiveness of appeal mechanisms.
The findings presented in this report show that, unlike access to information oversight bodies in OECD member countries, Kazakhstans Commission lacks institutional and financial autonomy and is not legally empowered to effectively oversee the implementation of the law, especially with respect to decisions denying citizens access to information requests.
To address these differences and bring the Kazakhstan Commission closer to those of OECD countries, the Review proposes broadening the Commissions mandate and reconsidering its institutional position under the Ministry of Information and Communications. It also suggests strengthening the Commission by including more representatives from civil society and academia, establishing a code of conduct and requiring higher academic qualifications of its members.
This report was prepared by the OECD Public Governance Directorate (GOV) under the leadership of Marcos Bonturi, Director. It was written by Richard Martinez in collaboration with Hille Hinsberg, Policy Analyst of the OECD Open Government Unit, as part of the Kazakhstan Country programme. It was drafted under the supervision of Alessandro Bellantoni, Head of the Open Government Unit and Martin Forst, Head of the Governance Reviews and Partnerships Division of GOV. Amelia Godber provided editorial support.
The OECD wishes to acknowledge the significant contribution made by their interlocutors in the Republic of Kazakhstan. In particular, the Deputy Head of Policy Department Mr. Bekzat Rakhimov and Chief Policy Expert on Access to Information, Ms. Elmira Nurkisheva, of the Ministry for Information and Communications.
Kazakhstan is taking continuous steps towards greater openness, striving to ensure the transparency of government-held data and proactively publishing information and official documents, including through digital channels. However, like many other countries around the world, Kazakhstan faces complex challenges on the path towards open government, which the OECD defines as a culture of governance based on innovative and sustainable public policies and practices inspired by the principles of transparency, accountability, and participation that fosters democracy and inclusive growth.
The government of the Republic of Kazakhstan has expressed a strong commitment to enhancing the transparency, accountability and participation in the policy-making process to reinforce public trust and improve the quality of public services. As part of the Kazakhstan 2050 Strategy, the government is undertaking five institutional reforms to help the country strengthen the capacity of the state and fulfil its objective to become one of the 30 most developed countries in the world by 2050. One of these five institutional reforms focuses on Transparency and Accountability of the State and exemplifies the administrations commitment to open government reforms.
Kazakhstan has passed an access to information law, which is commonly recognised as a fundamental pillar of a transparent and accountable public administration. However, additional steps are required to ensure its proper implementation and oversight. For example, OECD practice suggests that, to promote the effective implementation of the law, the Access to Information Commission should have legal responsibility and operative, budgetary and decision-making autonomy, and that it should report to the legislature.
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