On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the United Nations Educational, Scientific and Cultural Organization (UNESCO) on the establishment of the International Center for the Rapprochement of Cultures under the auspices of UNESCO (category 2)

The Law of the Republic of Kazakhstan dated February 15, 2021 No. 10-VII SAM.

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the United Nations Educational, Scientific and Cultural Organization (UNESCO) on the establishment of the International Center for the Rapprochement of Cultures under the auspices of UNESCO (category 2), signed in Paris on June 25, 2019.

     President of the Republic of Kazakhstan

K. TOKAEV

     (Entered into force on March 15, 2021, Bulletin of International Treaties of the Republic of Kazakhstan 2021, No. 1, art. 7)

     The Government of the Republic of Kazakhstan and the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as the "Parties",

      Considering the 6th strategic priority, "Support for inclusive social development, promotion of intercultural dialogue for cultural rapprochement and promotion of ethical principles" resolutions 37C/4 and resolution 36C/40, according to which the UNESCO General Conference seeks to support international cooperation on cultural rapprochement through the promotion of interreligious and intercultural dialogue for enhanced cooperation, mutual understanding and peace,

      Considering that the Director General was authorized at the 39th meeting of the General Conference (39C/resolution 31) to conclude an agreement with the Government of the Republic of Kazakhstan, in accordance with the draft that was submitted to the General Conference for consideration,

      Desiring to define the terms and conditions governing the framework of cooperation with UNESCO, which should be provided to the International Center for the Rapprochement of Cultures in this Agreement,  

     We have agreed on the following:

Article 1 Definitions

     1. In this Agreement, "UNESCO" means the United Nations Educational, Scientific and Cultural Organization.

     2. "Government" means the Government of the Republic of Kazakhstan.

     3. "Center" means the International Center for the Rapprochement of Cultures under the auspices of UNESCO.

Article 2 Creation

     During 2019-2020, the Government will take the necessary measures to establish a Center in Almaty, Republic of Kazakhstan.

Article 3 Purpose of the Agreement

     The purpose of this Agreement is to define the terms of cooperation between the Government and UNESCO, as well as the rights and obligations of the Parties arising from such cooperation.

Article 4 Legal status

     1. The Center is independent of UNESCO.

     2. The Government, within its territory, provides the Center with the functional autonomy necessary for the implementation of its activities and legal capacity.:

     (a) conclude contracts;

     (b) apply to the court;

     (c) acquire movable and immovable property;

     (d) Alienate movable and immovable property, with the exception of Government property.

Article 5 of the Charter

     The charter of the Center should include provisions specifically describing:

     (a) the legal status granted to the Center within the framework of the national legislation of the Republic of Kazakhstan, the legal capacity necessary to carry out its functions and receive funds, payments for services rendered and the acquisition of all funds necessary for its operation;

     (b) the management structure of the Centre, which allows UNESCO to be represented on its governing bodies.

Article 6 Functions and tasks

     The functions and objectives of the Center are:

     (a) To promote research and contribute to the production of knowledge on interreligious and intercultural dialogue in Central Asia, focusing on the best practices of openness, tolerance and peaceful coexistence accumulated through the development of the Silk Road;

     (b) Supporting UNESCO's efforts to develop capacities and learning tools on intercultural competence and cultural literacy through awareness-raising seminars, symposiums and conferences to develop individual and institutional knowledge and abilities;

     (c) Promoting the development of a network of mobilizing actors in Central Asia and beyond to stimulate scientific production and knowledge about the region and create synergies between scientists from other regions of the world;

     (d) Participation in relevant activities, programmes and initiatives that promote knowledge production, capacity development, coordination, advocacy and partnership.

Article 7 The Governing Council

     1. The Center's activities are carried out under the guidance and supervision of the Board of Governors, which is updated every three years and which includes:

     (a) one to four Government representatives;

      (b) from one to three representatives of the Member States who have notified the Centre of their membership in accordance with the provisions of paragraph 2 of Article 10 of this Agreement and have expressed their desire to be represented on the Council;

     (c) from one to three representatives of the scientific community ("scientific community" means the relevant universities and research institutes);

     (d) one representative of the Akim of Almaty city;

     (e) One representative of the Director-General of UNESCO.

     2. The Board of Governors:

     (a) approves the Center's long-term and medium-term programs;

     (b) approves the annual work plan of the Center, including the staffing table;

     (c) Reviews the annual reports submitted by the Director of the Centre, including the biennial self-assessment reports on the Centre's contribution to the achievement of UNESCO's programmatic objectives;

     (d) reviews the report of the periodic independent audit of the financial statements of the Center and controls the maintenance of accounting records necessary for the preparation of financial statements;

     (e) approves the rules and regulations of the Center in accordance with the legislation of the Republic of Kazakhstan;

     (f) decides on the participation of international organizations in the work of the Center.

     3. The Board of Governors holds regular sessions on a regular basis, at least once a calendar year. Extraordinary sessions are convened by the Chairman of the Council on his own initiative, at the request of the Director General of UNESCO, or by a simple majority of the Council members.

     4. The Governing Council shall adopt its own rules of procedure. The rules of procedure for the first meeting are established by the Government and UNESCO.

Article 8 UNESCO's contribution

     1. UNESCO may, as necessary, provide technical assistance to the Centre's programmatic activities in accordance with UNESCO's strategic goals and objectives by:

     (a) providing assistance from its experts in the areas of specialization of the Center;

     (b) to participate in a temporary staff exchange, if necessary, and the salaries of the relevant staff will be paid by the sending organization.;

     (c) in exceptional cases, temporary secondment of their staff by decision of the Director General, if this is justified for the implementation of a joint event/project within the framework of strategic program priorities.

     2. In all of the above cases, such support is provided within UNESCO's programmatic and budgetary resources, and UNESCO provides Member States with estimates on the use of their staff and related costs.

Article 9 Government contribution

     1. The Government provides all the resources necessary for the management of the Center and its proper functioning.

     2. The Government undertakes to:

     (a) provide the Center with permanent premises on the basis of the State Museum "Center for the Rapprochement of Cultures", located at 94 Kabanbai Batyr Street, A25Y5C0/050010, Almaty, Republic of Kazakhstan;

     (b) fully take over the maintenance of the premises;

     (c) Provide the Center with the equivalent of USD 200,000 on an annual basis, necessary for the implementation of its programs and activities;

     (d) Provide the Centre with the administrative staff necessary to carry out its functions, including the Director of the Centre, who is appointed by the Chairman of the Board of Governors in consultation with the Director-General of UNESCO and on the recommendation of the Board of Governors.

Article 10 Participation

     1. The Center encourages the participation of UNESCO Member States and associate members who, due to their common interest in achieving the goals of the Center, seek to cooperate with the Center.

     2. Member States and associate members of UNESCO wishing to participate in the activities of the Centre shall send a notification to the Centre in accordance with the provisions of this Agreement. The Director shall inform the parties to the Agreement and other Member States of the receipt of such notifications.

Article 11 Liability

     Since UNESCO is not responsible for the obligations of the Center, the former is not legally responsible for the actions or omissions of the Center, and also does not act as a party to any litigation and/or does not incur any financial or other obligations, except for the provisions clearly set out in this Agreement.

Article 12 Assessment

     1. UNESCO may at any time conduct an assessment of the activities of the Centre in order to establish:

     (a) the Centre's contribution to the achievement of UNESCO's strategic programmatic objectives and expected results consistent with the four-year programmatic periods of document C/5 (programme and budget), including UNESCO's global priorities, and related sectoral or programmatic priorities and themes;

     (b) the conformity of the Centre's activities with those provided for in this Agreement.

     2. To review this Agreement, UNESCO shall evaluate the contribution of the Center to the achievement of UNESCO's strategic programmatic objectives, which is funded by the host country or the Center.

     3. UNESCO undertakes to provide the Government with a report on any assessments carried out as soon as possible.

4. Based on the results of the assessment, each of the Parties has the right to request a revision of the content of this Agreement or to denounce it, as provided for in Articles 16 and 17 of this Agreement.

Article 13 Use of the UNESCO name and emblem

     1. The Center may mention its connection with UNESCO, so it can use the words "under the auspices of UNESCO" after its name.

     2. The Center has the right to use the UNESCO emblem or its variant on its official forms or documents, including electronic documents and web pages, in accordance with the conditions established by the governing bodies of UNESCO.

Article 14 Entry into force

     This Agreement shall enter into force after its signing by the Parties, when they inform each other in writing about the completion of the procedures required in accordance with the national legislation of the Republic of Kazakhstan and the internal rules of UNESCO. The date of receipt of the last notification is considered to be the date of entry into force of this Agreement.

Article 15 Period of validity

     This Agreement remains in force for six years from the date of its entry into force. This Agreement is extended by agreement of the Parties after the UNESCO Executive Board submits its comments based on the results of an assessment of the appropriateness of such an extension submitted by the Director General.

Article 16 Denunciation

     1. Each Party has the right to unilaterally denounce this Agreement.

     2. The denunciation shall take effect thirty (30) days after receipt of the notification through diplomatic channels sent by one of the Parties to the other Party.

Article 17 Revision

     This Agreement may be revised by mutual written consent of the Parties.

Article 18 Dispute resolution

     1. Disputes between the Parties regarding the interpretation or application of this Agreement, which cannot be resolved through negotiations or in any other way agreed by both parties, shall be submitted for final resolution to the arbitration court. The Arbitral Tribunal consists of three members, of whom one is appointed by the Government, the second by the Director General of UNESCO, and the third arbitrator, who will be the chairman, is chosen by two appointed arbitrators. If the first two arbitrators cannot agree on the choice of a third arbitrator, he shall be appointed by the President of the International Court of Justice.

     2. The decision of the arbitration court is final.

     In witness whereof, being duly authorized thereto, the undersigned have signed this Agreement.

     Done in Paris on June 25, 2019, in two original copies, each in Kazakh, Russian and English, all texts being equally authentic.

     In case of discrepancies between these versions, the English text shall prevail.

     For the Government

For the Organization

     Republic of Kazakhstan    

United Nations Educational, Scientific and Cultural Organization

     Gulshara Abdykalikova

Audrey Azoulay

     Deputy Prime Minister

general manager

President    

Republic of Kazakhstan     

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