In Kazakhstan, the independent trade union movement is unable to formally register a lower level union organisation. In September 2018, activists from the Mangistau region of Kazakhstan, previously members of the CNTUK, were not able to register a local union called the Public
Association “Independent Local Union”. The registration body criticised the charter of the trade union, which, according to officials, did not contain a complete list of the duties of the trade union as well as some other provisions of the charter on the functioning of trade union bodies. However, no specific recommendations were given to bring the union’s charter in accordance with the law.
Trade union activists, who were previously affiliated with CNTUK, consider these grounds for refusal to register as far-fetched and arbitrary. At present, they have given up any hope to register their union with the knowledge that their attempts will be thwarted by the authorities.
According to trade union activists, the government of Kazakhstan, which had pledged to solve the problem of registering independent trade unions within the framework of an internationally agreed roadmap, has actually taken no steps in this direction.
It is to be recalled that article 489 of the Code of Administrative Offenses provides that leaders and members of public associations, including trade unions, can be held administratively liable for actions that go beyond the goals and objectives established by the charters of these public associations as well as in general for violation of the legislation. This broad and vague provision allows the Kazakh authorities to initiate proceedings against trade union leaders on virtually any motive.