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Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the International Society for the Establishment of SOS Children's Villages "SOS KINDERDORF INTERNATIONAL"

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the International Society for the Establishment of SOS Children's Villages "SOS KINDERDORF INTERNATIONAL"

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the International Society for the Establishment of SOS Children's Villages "SOS KINDERDORF INTERNATIONAL"

Law of the Republic of Kazakhstan dated December 3, 2004 No. 5

       To ratify the Agreement between the Government of the Republic of Kazakhstan and the International Society for the Establishment of SOS Children's Villages "SOS KINDERDORF INTERNATIONAL", signed in Astana on April 8, 2004.  

     President of the Republic of Kazakhstan  

        Agreement between the Government of the Republic of Kazakhstan and the International Society for the Creation of SOS Children's Villages "SOS KINDERDORF INTERNATIONAL"  

     The Government of the Republic of Kazakhstan, hereinafter referred to as the Government on the one hand, and the International Society for the Creation of SOS Children's Villages "SOS KINDERDORF INTERNATIONAL", hereinafter referred to as SOS KDI on the other hand, hereinafter collectively referred to as the Parties, due to the presence in the Republic of Kazakhstan of a large number of children in need of financial and educational support;         due to the fact that the purpose of this Agreement is to provide these children with a new home, maternal love, material security, as well as proper upbringing and protection in case of disasters or political instability, as part of the SOS KDI activities; due to the fact that all SOS KDI children's villages are based on pedagogical principles developed by the Professor Hermann Gmeiner, and related to SOS KDI, as set out in the preamble attached to this Treaty;         due to the fact that SOS KDI villages, which are planned to be built in the Republic of Kazakhstan, will operate in accordance with these principles; we have agreed on the following:  

  1. From the SOS KDI side  

     1.1. SOS KDI will maintain close cooperation with the Government in the creation of the first SOS children's village in the Republic of Kazakhstan and other subsequent similar SOS children's villages, as well as "related projects" such as SOS kindergartens, schools, social centers, farms, training centers, clinics, etc. (hereinafter SOS - projects), providing assistance to orphaned children and children left without parental care, in accordance with the pedagogical and organizational principles of SOS KDI, as well as the legislation of the Republic of Kazakhstan.  

     1.2. SOS KDI undertakes, in cooperation with the Government, to establish, in accordance with the legislation of the Republic of Kazakhstan, a Foundation called SOS-Children's Villages of Kazakhstan (hereinafter referred to as the Foundation).         The Foundation's Charter must be agreed upon by the Parties to this Agreement, and must comply with the educational and organizational principles of SOS KDI and the current legislation of the Republic of Kazakhstan.  

     1.3. SOS KDI, as an intermediary among SOS KDI member organizations, provides in the territory of the Republic of Kazakhstan the construction and complete equipment of SOS projects that will also serve the surrounding community and help instill in children work skills in a specific profile, vocation or profession, as well as help the Foundation generate additional income to cover the costs necessary for implementation of its activities.  

     1.4. SOS KDI assumes full responsibility for the complete organization and equipping of the first SOS children's village in the Republic of Kazakhstan until its official opening and has the right to organize other SOS projects in the territory of the Republic of Kazakhstan under this Agreement.         After this organization and equipping, the Fund, as part of its activities, assumes full financial and other control over the proper targeted spending of funds allocated by SOS KDI for the maintenance of SOS projects.         SOS KDI will take all necessary measures sufficient to maintain and cover the costs of the Foundation through its sponsorship program. Applications for additional SOS KDI grants can be made by the Fund every year in accordance with the budget approved in accordance with the established procedure by the Board of Directors of the Fund and SOS KDI itself.         The Foundation will do everything possible to organize the collection of appropriate funds and contributions for the implementation of its activities (fund raising).         In case of emergency, SOS KDI undertakes to fully support the content of SOS projects for the benefit of both children raised in SOS children's villages and SOS mothers.  

     1.5. SOS KDI undertakes to respect the educational, religious and other traditional principles legally accepted in the territory of the Republic of Kazakhstan, as well as the legislation in force in the territory of the Republic of Kazakhstan.  

  2. By the Government  

     The Government is committed to doing everything possible to achieve the following:  

     2.1. Select suitable land plots for the construction of SOS projects and related construction projects as an appropriate contribution.  

     2.2. Provide guarantees for obtaining the necessary permits for the construction of SOS projects, free from paying all taxes and other mandatory payments to the budget of the Republic of Kazakhstan.  

     2.3. Ensure that water pipes, sewerage networks, electricity supply lines (if any), appropriate roads are laid for the construction of SOS projects, telephone communications and other necessary services are provided as a matter of urgency after the plans for the construction of SOS projects have been duly approved and construction has begun.  

     2.4. Provide appropriate visas, including multiple-entry visas, residence permits, and work permits free of charge for specialists engaged by SOS KDI to monitor the construction of SOS projects and/or provide assistance and advice to local personnel, including appropriate training.  

     2.5. SOS KDI and SOS Children's Villages of Kazakhstan, their assets, income and other property are exempt from all taxes and other mandatory payments to the budget provided for by the legislation of the Republic of Kazakhstan, including individual income tax.  

     2.6. Provide legal support for children in SOS children's villages, if necessary.  

     2.7. Ensure that, in an emergency, SOS KDI, as an international aid organization, has the right to access facilities and people, including children, at these facilities in order to provide material, medical and other assistance.  

     2.8. Ensure that SOS KDI is properly respected as an internationally neutral aid organization.  

     2.9. Ensure that the name "SOS Children's Village" and the emblem will enjoy appropriate legal protection from the Republic of Kazakhstan, and that only SOS KDI member organizations with appropriate written sanctions have the right to use this name and emblem.        2.10. Provide reimbursement of SOS children's villages costs from local budgets for the maintenance of orphaned children and children left without parental care, partially or completely, if necessary.       The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 21.11.2008 No. 92-IV.

  3. Reservation  

     Within the framework of this Agreement, the Government reserves the right to impose bans or restrictions on everything that it considers incompatible with the fundamental principles, public morality, educational and other traditions legally valid in the territory of the Republic of Kazakhstan, as well as violating the legislation of the Republic of Kazakhstan.  

  4. General provisions  

     4.1. SOS KDI will carry out the construction of SOS projects on the territory of the Republic of Kazakhstan under the auspices of the Government of the Republic of Kazakhstan.  

     4.2. All SOS children's villages established by SOS KDI or SOS KDI member organizations in the territory of the Republic of Kazakhstan should be called "SOS Children's village".         However, consideration of various additional or clarifying titles is not excluded.  

     4.3. All schools established on the territory of the Republic of Kazakhstan by SOS KDI or SOS KDI member organizations must bear the name of the founder of the SOS movement: Hermann Gmeiner.  

     4.4. Recognize the fact that SOS KDI and/or the Foundation, while respecting the laws and advice or suggestions of the relevant government agencies and organizations of the Republic of Kazakhstan, are nevertheless the deciding authority that determines whether to accept children into the SOS children's village or expel them from it. Admission of children to the SOS Children's village is carried out in accordance with the criteria and principles established by SOS KDI itself.  

     4.5. Grant SOS KDI the right, as a private employer, to use its staff freely, who must be selected in accordance with the principles and objectives of SOS KDI, and work in the Republic of Kazakhstan.  

     4.6. The Preamble attached to this Agreement is an integral part of it.  

     4.7. In case of any disagreement or difference of opinion during the implementation of the provisions of this Agreement, the Parties should establish a committee of members from the Government and SOS KDI in order to resolve the disputed issues in a spirit of cooperation, bearing in mind that both the work and the projects themselves to create SOS children's villages on the territory of The Republic of Kazakhstan is carried out in the interests of children.  

  5. Ratification, entry into force and termination of the Treaty  

     5.1. This Agreement is subject to ratification by the Republic of Kazakhstan.  

     5.2. This Agreement shall enter into force from the date of exchange between the Parties of a document certifying its ratification by the Republic of Kazakhstan and a document certifying the act of its official confirmation by SOS-KDI.  

5.3. From the date of entry into force of this Agreement, the Agreement between the Government of the Republic of Kazakhstan and SOS KINDERDORF INTERNATIONAL, the International Society for the Establishment of SOS Children's Villages, on the establishment, Construction, Equipment and Operation of SOS children's villages and related projects in the Republic of Kazakhstan dated November 22, 1993, is terminated.  

     5.4. This Agreement shall terminate upon the expiration of six months after either Party notifies the other Party in writing of its decision to terminate the Agreement.  

     Done in Astana on April 08, 2004, in two original copies, each in the Kazakh, English and Russian languages, all texts being equally authentic.         In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will be guided by the text in Russian.  

     For the Government of the Republic of Kazakhstan Astana, 08.04.2004         Zhaksybek Kulekeyev - Minister of Education, Place, Date and Science of the Republic of Kazakhstan  

     _______________________ Almaty, 08.04.2004         For SOS KINDERDORF INTERNATIONAL place, date Rainer Teuch - Regional Director  

  The preamble  SOS Villages concept  

     The first SOS village was founded by Hermann Gmeiner in Imst, Tyrol in 1949. Today, this village serves as a model for the international implementation of Hermann Gmeiner's idea of SOS children's villages.         SOS children's villages help children who have either lost their parents, or who have been abandoned by their parents, or children who need the warmth of a normal home. Families in SOS children's villages provide this home, replacing this child with his own family.  

  The four main components of SOS Children's Villages  

     Child education in SOS children's villages is based on four fundamental components:  

  Mother  

     Every abandoned child finds a new mother. Mothers living in the SOS children's village are women who devote their entire lives to the children who are entrusted to them. The mother of the SOS children's village gives her love and affection to the child, provides each child with everything he needs for healthy development. The mother in such a village is the head of the family. She runs the household on her own.  

  Brothers and sisters  

     Each SOS children's village family usually consists of 6-10 children, boys and girls of different ages, who live together as brothers and sisters with their "mother", as if it were a real family. Half-siblings are raised in the same family.         Children are accepted into the SOS children's village from infancy to the age of eight, provided that they are suitable for a normal upbringing in the family. Older children are accepted only if they are part of a group of half-siblings.  

  House  

     The real heart of the house in SOS children's village is the living room. Children watch their mother as she cooks food, as she runs the entire household and shares with them all the joys and sorrows of family life. The house in the SOS Children's village is a permanent home for children. Living in such a family home provides the child with a sense of security and protection.  

  Village  

     A typical SOS children's village consists of 10-20 houses for individual families. Children attend school, and the village becomes like one big family, providing education in a team. In fact, the SOS children's village is designed to serve as a kind of bridge between children and the outside world. Therefore, when determining its location, layout and in all other aspects, an SOS children's village should be an integral part of the environment. The image of the father in the SOS children's village materializes in the person of various male workers and employees, primarily in the person of the village director.         The mission of SOS Children's Village is to introduce orphans and abandoned children of all nationalities, cultures and faiths to society, to pave a reliable path for them into the future.  

  Youth in SOS-children's village  

     In addition to the initial support provided by SOS children's villages, significant efforts are being made to provide children from the immediate community with the necessary skills, advice, counseling, and moral support they so desperately need in order to begin their full-fledged independent working life.         Therefore, SOS children's villages ensure that all children entrusted to them maximize their abilities within the framework of the compulsory school curriculum and, if their abilities allow them, continue to receive education in primary, secondary and higher professional educational institutions.         For teenagers who have already stopped being children, but are not yet ready to start an independent life, SOS Village provides ample opportunities and facilities, provides them with learning centers where teenagers for the first time begin to understand the value of independence, cooperation and communication with other people, and the importance of making their contribution to the life of the surrounding society.  

  SOS Children's Village Community Assistance  

     In many countries that provide intensive care to a small number of children, despite all the importance of this assistance, however, the latter will have a limited impact unless additional work is done to improve the standard of living for many children and families in the communities that surround SOS children's villages. Therefore, the SOS project is also involved in the organization and implementation of projects and programs aimed at providing the necessary support that would otherwise be unavailable to the neighbors of this village. Such projects include day care centers, kindergartens, schools, mother and child centers, clinics, etc. Along with this, the SOS program strives to create a better world for all children of the world who would otherwise find themselves without the support and affection that should be provided by the family and the community as a whole.  

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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