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Refusal to provide a menu in Kazakh: rules and regulations.

Kazakhstan is a multilingual country, with Kazakh being the official language. However, a question arises within society: is there a legal obligation for food establishments to provide services and information primarily in two languages—Kazakh and Russian? To clarify this matter, we reached out to the Committee for Consumer Rights Protection. For more details, check out the article on Tengri Life.
Отказ в предоставлении меню на казахском: основные правила и законодательство.

Kazakhstan is a multilingual country, but the state language is Kazakh. However, a question arises in society: is there a legal obligation for public catering establishments to provide services and information primarily in two languages – Kazakh and Russian? To clarify this, we reached out to the Consumer Rights Protection Committee. More details can be found in the Tengri Life article.

The recent scandal surrounding the capital's café Qazaq Coffee has once again raised an important issue regarding language compliance in public catering establishments. It all started when a visitor complained about the absence of a menu in Kazakh, leaving a review in a popular app. The café's administration's response sparked outrage: instead of apologizing, they stated that their staff is not required to speak or provide a menu in Kazakh.

This stance provoked a furious reaction on social media. Within hours, the café's Instagram page was bombarded with angry comments, and the establishment's rating plummeted to 1 star. Users left over 18,000 negative reviews, forcing the café to close (it remains unclear if this is permanent or temporary), and its Instagram account became inaccessible.

According to the Consumer Rights Protection Committee, Kazakh legislation stipulates that information about goods, services, and their providers must be provided in two languages – the state language and Russian.

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The Language Issue in Kazakhstan

We decided to discuss the language issue and the situation with the café in Astana with political scientist Gaziz Abishev, who highlighted several key aspects. The expert noted that the Kazakh language is actively developing, and there are currently no reasons for concern regarding its status in Kazakhstan.

"I oppose the politicization of the language issue because it is a delicate area that can spark serious conflicts worldwide. And I do not believe that the Kazakh language is under threat in Kazakhstan, as the number of active Kazakh speakers has increased several times over the 30 years of independence. Some estimates suggest an increase of about 5-6 times or more. The proportion is steadily growing.

For comparison, according to the last Soviet census, 2 million 100 thousand people in Kazakhstan were educated in Russian schools, while 1 million were in Kazakh schools, meaning nearly 70 percent were educated in Russian and 30 in Kazakh. It is clear that education in Kazakh schools involved a significant use of the Russian language. However, for several years now, about 80 percent of school graduates in Kazakhstan take the UNT, the most important exam of their lives, in the state language. This is a conscious choice on their part. They can also take it in Russian, but they choose Kazakh, indicating their proficiency in it. This involves huge generations, with over three hundred thousand people in each cohort," the political scientist noted.

He added that the language is developing relentlessly, thanks both to the influx of kandaсs and state support.

"The momentum for the development and strengthening of the state language has gained such force that it cannot be stopped. Even in international classifications, the Kazakh language is far from being in a dangerous zone and is classified among actively developing languages," the expert emphasized.

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Commenting on the café situation, the expert expressed the opinion that such cases are more of an exception than a norm.

"In our country, there are thousands, perhaps tens of thousands, of establishments and cafés where people are served by people. I am convinced that in the overwhelming majority of such establishments, there are no language issues because the staff in all these places are typically bilingual or, at least, fluent in Kazakh as their primary language. Therefore, I believe that the case with this café is an isolated incident, does not reflect any trend, and is not a systemic problem. At the same time, it is important to understand that what I mentioned above in no way justifies the management of this establishment," Abishev pointed out.

Nevertheless, he emphasized that the café owners were unprepared for such challenges, which led to the negative consequences.

"According to the Constitution and the Consumer Rights Protection Law, people have the full right to receive adequate service in the state language. They may also receive service in other languages, including Russian or even English, but they should have the option to be served in the state language when they request it in a civilized manner.

This topic has been a constant pulse in public discourse for the past 4-5 years. People working in the service sector should have prepared for this and be well-equipped. No one requires them to have a deep literary knowledge of the state language. Typically, all the words in this field are quite accessible. Moreover, menus can easily be translated from any language using AI, for instance, accurate translations take just a few minutes. People for whom Kazakh is not their first or native language can easily learn a few words to ensure a necessary minimum of comfort for visitors. This is a very sensitive area. And if what happened has occurred, then in this case, they should blame only themselves. I hope they will correct themselves. Necessary lessons must be learned. This is inevitable," the political scientist commented.

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Does the Absence of a Menu in Kazakh Violate Consumer Rights?

According to Article 10 of the Law "On Consumer Rights Protection," citizens have the right to receive complete and reliable information about goods, services, and providers. It is important to note that paragraph 3 of Article 25 of this law explicitly states: information must be provided in Kazakh and Russian languages, whether it is documentation, labels, or other means of conveying information.

"The text of the information must comply with the requirements of the Law "On Languages in the Republic of Kazakhstan." According to paragraph 7 of Article 25 of the law, information provided in one language or a foreign language is considered not provided.

According to paragraph 1 of Article 26 of the law, the seller (manufacturer, performer) is obliged to inform the consumer of their name, location, and working hours in Kazakh and Russian languages, in accordance with the requirements of the Law "On Languages in the Republic of Kazakhstan," at the place of sale of goods (performance of work, provision of services)," the committee explained.

The agency also pointed out that the law requires public catering establishments to provide menus to visitors in at least Kazakh and Russian languages.

"According to Article 13 of the Law "On Regulation of Trade Activities," public catering objects provide menus to visitors, which is an offer (public offer) for the conclusion of a retail sale contract for food products.

According to Article 387 of the Civil Code of Kazakhstan, a public contract establishes obligations for the sale of goods, performance of works, or provision of services to anyone who addresses it. Thus, the menu in a café or restaurant must be available in the state and Russian languages," the committee emphasized.

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Will the Café Administration Be Held Accountable?

We also inquired whether the café administration would be held accountable for statements that violate consumer rights.

"State control over compliance with consumer rights protection legislation is carried out by the authorized body or its territorial subdivisions in the form of unscheduled inspections according to the entrepreneurial code and preventive control without visiting the subject (object) of control as per the law. The basis for unscheduled inspections are appeals from individuals and legal entities regarding violations of legislative requirements with compelling grounds and supporting evidence.

According to Article 715-1 of the Code of Administrative Offenses, the authorized body in the field of consumer rights protection considers cases of administrative offenses provided for in Articles 190 (parts five and six) and 193 (part one) of the Administrative Offenses Code," they responded to our inquiry.

We were also curious about how many complaints regarding violations of consumers' language rights have been received by the committee in recent years. In response, the agency stated that no specific statistics are kept.

"Separate statistics on violations of language rights are not maintained; however, there have been 4 complaints regarding the aforementioned Qazaq Coffee, which have been forwarded to local executive and law enforcement authorities (specifically to the akimat and police department - ed.), as well as to the territorial department in Astana," the committee concluded.

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We reached out to the akimat of Astana for a comment to find out why the establishment was closed. The press service of the investment and entrepreneurship development