Abstract
This article examines the roots of freedom of expression and opinion, of the right to a fair trial, and of the freedom to enjoy cultural rights in Kazakh nomadic customary traditions that underlie and give meaning to human rights discourse in contemporary Kazakh society. Based on oral traditions and the perception of fairness of the nomadic Kazakhs, this rich heritage created resilient instruments that are still vital and play a significant role in the judiciary, political discussions, public debates and cultural performances in contemporary Kazakhstan. The evidence indicates that in Kazakh nomadic society a core essence of these freedoms was ‘the freedom of a fair word’, which, combined with outstanding rhetorical skills, functioned as an instrument through which civil, political and cultural rights were ensured; the concept enacted a discourse of commentary and claims-making analogous to norms of human rights. This research provides evidence for how ‘the freedom of a fair word’ was articulated by the general population in the traditional nomadic institutions of the bi, and of the zhyraus and aqyns.