Provision on National Center for Human Rights

On establishment of the National Centre for Human Rights

Decree of the President of the Republic of Kazakhstan N 992

as of 10 December 2002

 

In order to implement the Decree of the President of the Republic of Kazakhstan as of 19 September 2002 N 947 “On establishment of the position of the Commissioner for human rights”, I hereby decree: 

1. To create a public institution, National Centre for Human Rights. 

2. To approve the attached Provision on the National Centre for Human Rights. 

3. To amend the Decree of the President of the Republic of Kazakhstan as of 22 January 1999 N 29 “On measures to further optimise the system of public authorities of the Republic of Kazakhstan” (SAPP of the Republic of Kazakhstan, 1999, N 1, Art. 2; 2001, N 4-5, Art. 43; 2002, N 26, Art. 272) with the following addition: 
Appendix 1 to the said Decree shall be added with the following lines: 
“National Centre for Human Rights 14”. 

4. This Decree shall enter into force upon signature. 

President 
of the Republic of Kazakhstan 

Endorsed
by the Decree of the President
of the Republic of Kazakhstan
10 December 2002 N 992

Provision on the National Centre for Human Rights

1. General Provisions

1.. National Centre for Human Rights (hereinafter - the National Centre) provides informational, analytical, organisational, legal and other support to the Commissioner for human rights.

2. . The National Centre conducts its activities in accordance with the Constitution and the laws of the Republic of Kazakhstan, the Decree of the President of the Republic of Kazakhstan N 947 as of 19 September 2002 “On establishment of the position of the Commissioner for human rights”, this Provision, other regulatory legal acts.

3.The Provision on the National Centre shall be approved by the President of the Republic of Kazakhstan upon submission by the Commissioner for human rights.

4.The National Centre is a legal entity in the legal organisational form of a state agency, has a seal and a letterhead with the State Emblem of the Republic of Kazakhstan and its name in the official state language, as well as proper accounts in the territorial subdivisions of the authorised budget execution body and the banks.

5. The National Centre shall enter into civil law relations in its own name.

6. Funding for the National Centre is provided from the national budget.

7. Legal address of the National Centre: 2 Beybitshilik street, Astana, Kazakhstan, 473000.


2. Main Objectives and Functions of the National Centre:

8. The main objectives of the National Centre shall be as follows:

1) Every possible assistance to the Commissioner for human rights in monitoring compliance with human rights and freedoms of an individual and a citizen;  
2) Support of Commissioner’s activities aimed at restoring the violated rights and freedoms of an individual and a citizen;
3) Assistance to the Commissioner for human rights in development of proposals for improvement of legislation of the Republic of Kazakhstan in the field of human rights and freedoms, forms and methods of their protection, proposals on bringing the legislation in line with the principles and norms of international law, international cooperation in the field of human rights;  
4) Promotion of legal education of population in the area of human rights and freedoms.

9. According to its assumed goals and objectives, the National Centre carries out the following functions::

1) supports the Commissioner for human rights in holding meetings with citizens and processing of complaints submitted by citizens of the Republic of Kazakhstan, foreign nationals and stateless persons regarding actions and decisions of officials and organisations that violate their rights and freedoms guaranteed by the Constitution and the international treaties of the Republic of Kazakhstan;
2) supports the activities of the Commissioner for human rights in the field of protection of the violated rights and freedoms of an individual and a citizen in accordance with the laws of the Republic of Kazakhstan; 
3) monitors observance of the rights and freedoms of an individual and a citizen in the Republic of Kazakhstan;  
4) summarises, organises and analyses information on violations of human rights and freedoms, submits to the Commissioner for human rights proposals on measures to address their causes and conditions;  
5) prepares drafts of addresses of the Commissioner for human rights to the President, Parliament or the Government of the Republic of Kazakhstan regarding the cases which the Commissioner for human rights finds to be of great public importance;  
6) based on results of inspections carried out by the Commissioner for human rights prepares drafts of his/her official public and media statements;  
7) prepares draft recommendations of the Commissioner for human rights to the relevant authorities aimed at holding liable, within the framework set by the national legislation, of the persons whose actions have resulted in violations of the rights and freedoms of individuals, as well as measures to compensate for material and moral damages;
8) prepares draft conclusions of the Commissioner for human rights on improvement of legislation of the Republic of Kazakhstan in the field of human rights and freedoms, forms and methods of their protection, proposals on bringing the above into conformity with the universally recognized principles and norms of international law, international cooperation in the field of human rights;
9) provides the Commissioner for Human Rights with information on the legislation of the Republic of Kazakhstan, international treaties of the Republic of Kazakhstan in the sphere of human rights;  
10) on behalf of the Commissioner for human rights takes actions aimed at legal education of the population in the area of human rights and freedoms, participates in drafting of educational programs and national legislative acts;  
11) collects, analyses and disseminates information on the activities of the Commissioner for human rights;  
12) ) ensures timely preparation of annual reports of the Commissioner for human rights on his/her activities for submission to the President of the Republic of Kazakhstan; 
13) ) on behalf of the Commissioner for human rights interacts with human rights and other public associations of the Republic of Kazakhstan as well as with international and foreign human rights organisations;
14) ) provides organisational and methodological support to the Expert Council under the Commissioner for human rights;
15)creates and maintains archives and records management of the Commissioner for human rights;  
16)on behalf of the Commissioner for human rights and within his/her competency carries out other functions.  

3. Property of the National Centre 

10. The National Centre has separate property that is run based on the right of operative administration.

11. Property of the National Centre is formed of the property transferred by the state.

12. Property assigned to the National Centre shall be classified as the national property.

13. In the event of liquidation the property of the National Centre shall be used in accordance with the applicable laws of the Republic of Kazakhstan.


4. Organization of the Activities of the National Centre

 

14. Commissioner for human rights shall approve the structure of the National Centre.

15. РManagement of the National Centre shall be carried out by a Head appointed and dismissed by the Commissioner for human rights.

The Head of the National Centre shall regularly report to the Commissioner for human rights about his/her work.

16.The Head of the National Centre, in accordance with the laws of the Republic of Kazakhstan, shall:

1) organise and supervise the work of the National Centre; 
2) represent the National Centre in relations with government agencies and other organisations and officials in accordance with the laws of the Republic of Kazakhstan;  
3) ) develop a work plan of the National Centre, organise its implementation and monitoring of its execution;  
4)upon approval by the Commissioner for human rights define the powers of the staff of the National Centre;
5)upon approval by the Commissioner for human rights appoint and dismiss the staff of the National Centre;  
6) decide on other matters within his/her competence;
7) issue Orders on matters within his/her authority.

17. Staffing of the National Centre shall be formed in accordance with the registries of civil servants.

The staffing shall, in the prescribed manner, be approved by the Head of the National Centre in consultation with the Commissioner for human rights.

18. The plan of financing of the National Centre shall be approved by the Head of the National Centre in consultation with the Commissioner for human rights ghts

19. Material and technical support to the National Centre shall be provided by the Department of Presidential Affairs of the Republic of Kazakhstan.

20. Reorganization and liquidation of the National Centre shall be carried out in accordance with the legislation of the Republic of Kazakhstan.

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