Language Research

The Constitution was adopted by referendum on August 30, 1995.

The Law of the Republic of Kazakhstan on Languages in the Republic of Kazakhstan (July 11, 1997)

N 2995, Order on the Conception of the Formation of State Identity of the Republic of Kazakhstan, (May 23, 1996)

“The state has to take care of learning and developing the languages of the Kazakhstan's population. Discrimination on the basis of not knowing the state or other languages is not allowed. Voluntary learning of the state language is to be stimulated, its role increased. Practical work must be transferred to periphery.”

N 2694, Constitutional Decree on Courts and the Status of Judges in the Republic of Kazakhstan, (December 20, 1995)

“Both Kazakh and Russian are official in the courts of the Republic; the language of the majority residing in the given locality may also be used.”

N 2368, Decree on Customs in the Republic of Kazakhstan, (July 20, 1995)

“Either Kazakh or Russian may be used in customs documentation.”

N 1, Model Contract on State Support for Investment in Priority Sectors of Economy of the Republic of Kazakhstan, (March 21, 1997)

“The given contract has to be in Kazakh and Russian for the investor of Kazakhstan; in Kazakh or Russian and English - for a foreign investor. In both cases the documents have equal juridical power.”

N 2737, Order on the Constitutional Council of the Republic of Kazakhstan, (December 29, 1995)

“Either Kazakh or Russian may be used in constitutional documentation; translation into other languages is guaranteed.”

Law of the Republic of Kazakhstan On Education, (January 18, 1992)

“Educational institutions have to take part in active learning, use and development of the Kazakh as a state language throughout the territory of the Republic as well as grant free learning of Russian.

Numerous and compactly residing ethnic minorities must be granted the conditions for founding state or state-supported educational institutions; for conducting lessons in their native language.

For non-numerous and not compactly residing ethnic groups classes, extracurricular activities and Sunday schools may be founded.”

Law of the Republic of Kazakhstan on the Internal Military Forces of the Interior Ministry of the Republic of Kazakhstan, (June 23, 1992)

“Orders and documentation in the military as well as official correspondence must be performed in the state language as well as the language of international communication.”

Law of the Republic of Kazakhstan on the Procedure of Settling of Economic Disputes by Arbitration Courts of the Republic of Kazakhstan, (February 17, 1992)

“Documentation in arbitration courts of the Republic has to be performed in Kazakh and Russian. Individuals who do not know either of the languages have the right to get acquainted with the case and take part in the actions of the arbitration court with the help of translator; to speak in his native language.”

N 343, Order “On the Implementation of the Law of the Republic of Kazakhstan On Languages in the Republic of Kazakhstan”, (May 4, 1998)

“All acts of the Ministry have to be passed in the state language (along with the translation into Russian). Documentation has to be performed in both Kazakh and Russian languages. Responses to the requests of citizens and organizations have to be in Kazakh or in the language of interethnic communication. Seals and stamps have to bear titles only in Kazakh. Free learning of the state language has to be guaranteed to the employees of the Ministry and the judiciary. Postal-telegraphic messages within the boundaries of the Republic may be in Kazakh and Russian.”

N 51, Decision On the Implementation of the State Program for Development of the Kazakh and Other Ethnic Languages in the Republic of Kazakhstan until the Year 2000, (January 21, 1992)

“Regional and city governments are to guarantee the use of Kazakh as the state language; to present timetable for introducing Kazakh in official documentation; to employ Kazakh translators in official institutions; renew country-wide teaching of Kazakh. Creation of the Foundation for Development of Languages is to be fostered. Ministry of Labor is to present the list of job positions in which the knowledge of Kazakh and Russian is required. Ministries of Education, of Publishing and Information and the Academy of Science are to provide educational institutions with readers and methodical literature in Kazakh, to expand issuing Kazakh dictionaries and learning materials. Ministry of Justice is to prepare the rules for declaring the languages of ethnic groups as official in places of their compact residence.”

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Updated (April 2004)

In Kazakhstan, legislation sets out that the total volume of programming in other languages should not exceed the volume of programming in the state language.

THE 1999 LAW OF THE REPUBLIC OF KAZAKHSTAN ON THE MASS MEDIA

Article 3

Mass media is disseminated in the state and other languages.

The total volume of programs on television and radio channels regardless of their form in the state language should not be less then the cumulative volume of programs in other languages time-wise.

The Law also provides for the opportunity for Kazakhstan television and radio stations to retransmit television and radio programs of foreign mass media.

Article 14. par. 3-1

Since January 1, 2002 the transmission of foreign mass media should not exceed 50 percent of the total volume of programs on television or radio channels. Since January 1, 2003 it should not be more than 20 percent of that total.

This restriction does not extend to cable and satellite television.

Within this legislative framework, it is possible to broadcast in any of the languages of the peoples of Kazakhstan. However, no specific requirements or quotas on broadcasting in minority languages are indicated.

Source: Minority-language Related Broadcasting and Legislation in the OSCE, Program in Comparative Media Law and Policy (PCMLP), Center for Socio-Legal Studies, Wolfson College, Oxford University & Institute for Information Law (IViR) (http://www.ivir.nl/index-english.html), Universiteit van Amsterdam (Study commissioned by the OSCE High Commissioner on National Minorities), April 2003, edited by T. McGonagle (IViR), B. Davis Noll & M. Price (PCMLP), http://www.ivir.nl/publications/mcgonagle/Minority-language%20broadcasting.pdf

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Updated (April 2007)

KAZAKH AND RUSSIAN LANGUAGES ARE EQUAL

On 23 February 2007, the Constitutional Court in Kazakhstan ruled that the Kazakh and Russian languages can be used "equally, identically, and independent of any circumstances in state organizations and organs of local self-government". At the same time, the court noted that "equality in the employment of the state language, Kazakh, and the officially used Russian language in state organizations and organs of local self-government does not signify that the latter is given the status of a second state language".

Igor Rogov, Chairman of the Constitutional Court, pointed out that the constitution does not establish "equality" between the two languages outside state bodies, stressing that the basic law gives "each person the right to choose a language of communication at his discretion". Moreover, Rogov, an ethnic Russian, noted that the state should encourage the use and development of the Kazakh language.

Source: Legislation On Line website at

www.legislationline.org//news.php?tid=1&jid=28

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