The Ministry of Labour and Social Protection of Population of the Republic of Kazakhstan (hereinafter referred to as the Ministry) and the Office of the United Nations High Commissioner for Refugees (hereinafter referred to as UNHCR) represented by its Representation to Kazakhstan, Kyrgyzstan, Turkmenistan and Uzbekistan, hereinafter individually referred to as the Party and collectively as the Parties,
Recognizing the right of every person to seek asylum from persecution in other countries and to enjoy this as provided for in article 14, paragraph 1, of the Universal Declaration of Human Rights of 10 December 1948, and the obligations of the Republic of Kazakhstan and state bodies for the protection and integration of refugees in accordance with all provisions of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, which the Republic of Kazakhstan acceded on December 15, 1998, and other international norms and agreements in the field of human rights to which the Republic of Kazakhstan is a participant, as well as the norms of customary international law;
Whereas the Ministry is the state body in charge of:
1) formation and implementation of state policy within its competency;
2) development and approval of normative legal acts on refugee issues within its competence;
3) coordination and methodological guidance of local executive bodies on refugee issues;
Whereas the UNHCR, on the basis of its Statute of 1950 and subsequent resolutions of the United Nations General Assembly, is mandated to monitor and support the Republic of Kazakhstan in refugee protection and integration;
Underlining the mutual interest of the Parties in establishing and maintaining close cooperation in the field of international protection and humanitarian assistance to refugees and asylum-seekers;
considering the above-mentioned and expressing goodwill, the Parties have reached mutual understanding as follows:
General principles
- Within their respective mandates and subject to available resources, the Ministry and UNHCR shall act in close cooperation and hold consultations on all matters of common interest.
- Each Party shall endeavor, in so far as possible and in compliance with its competence, to respond favorably to such requests for cooperation in accordance with procedures to be mutually agreed upon.
Areas of cooperation
- Without prejudice to cooperation in additional fields, within their competence and subject to the availability of resources, the Parties ready to consider the following areas for cooperation:
- a) providing expert support and consultations by UNHCR in the development of the legislation and recommendations, conforming with international law on the protection of asylum-seekers and refugees;
- b) supporting the Ministry in realization of best practices on promoting awareness on the issues of protection of refugees, including through cooperation, dialogue and support to civil society and non-governmental organizations;
- c) assisting UNHCR in the performance of its functions concerning asylum-seekers and refugees;
- d) joint communications and press releases, if and when appropriate;
- e) participation in relevant meetings, conferences and roundtables.
Joint work
- The Ministry and UNHCR intend to carry out joint actions of common interest.
- The Ministry and UNHCR may, when they deem it appropriate, set up working groups or advisory bodies, on terms and conditions to be mutually agreed upon in each case, to advise on matters of common interest.
Cooperation between the Parties
- Ministry and the UNHCR intend to take appropriate measures to ensure effective cooperation and interaction between the Parties.
Application of the Memorandum
- The Parties intend to hold regular meetings upon agreement by Parties to discuss the plans and results achieved in accordance with the provisions of the memorandum and develop further measures for more complete and successful implementation.
- The terms of the participation of each Party in the implementation of joint projects and activities, including the costs incurred by each of the Parties, shall be agreed upon through separate arrangements.
Supplementary arrangements
- The Ministry and UNHCR may enter into supplementary arrangements for the purpose of cooperation and coordination as may be found desirable.
Intellectual property
- According to this memorandum, all objects of intellectual property rights received from activities shall remain the property of the Party for whom the material was produced, unless the Party decided otherwise.
- The use of each Party’s logo or name in connection with activities performed or any materials produced under this memorandum requires the prior written consent of the other Party.
Entry into force, amendments and duration
- This memorandum is implemented for three years period on the date of its signature by the Parties.
- Parties may, by mutual written consent, make changes and additions to this memorandum. Any issues, relating to the cooperation between the Parties, that are not reflected in this memorandum are subject to separate discussion and agreement by the Parties.
- This memorandum is not an international treaty and does not generate rights and obligations regulated by international law. This memorandum also does not entail any legal and financial obligations for either of the Parties.
- Each Party may notify of its intention to terminate this memorandum by giving one-month prior written notice to the other Party.
- No provisions of this memorandum shall be construed as expressly or purportedly renouncing any privileges or immunities of the Parties as defined by their legal acts or international law.
Signed in Astana on ___________________ 2023 in two copies, each in Kazakh, Russian and English languages.
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For the Ministry of Labour and Social Protection of Population of the Republic of Kazakhstan
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For the office of the United Nations High Commissioner
for Refugees
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______________________ _______________________
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Tamara Duisenova,
Minister
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Hans Friedrich Schodder,
Representative
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