Contrary to the recommendations of the International Labour Organization, article 402 of the Criminal Code provides for criminal liability for public appeals to participate in a strike recognised as illegal by courts. This provision has been frequently used by the Kazakh authorities to suppress public assemblies and strike actions. The latest case concerned Nurbek Kushakbaev, deputy chair of the CNTUK, who had organised a strike in the oil sector in 2017.
In July 2018, minor changes were introduced to article 402, but these changes were insignificant and did not comply with international law. New amendments proposed by the authorities in 2019 will not ensure respect for the right to strike. In the proposed bill, sentences are reduced from one year to three years in prison to 50 days in prison or 200 hours of forced labour for public calls for continued participation in an industrial action recognised by the court as illegal. Participation or calls for participation in non-violent strikes remain criminally punishable if these strikes were declared unlawful by the court.