Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Kazakhstan on war graves
The Government of the Federal Republic of Germany and the Government of the Republic of Kazakhstan, desiring to create a final settlement for German war graves located in the territory of the Republic of Kazakhstan, seeking to ensure the preservation and maintenance of these graves in a dignified manner and in accordance with the provisions of applicable international humanitarian law, in implementation of point 12 of the Joint Declaration of September 22, 1992, on the fundamentals of relations between the Federal Republic of Germany and the Republic of Kazakhstan, in view of the fact that the maintenance of graves of Kazakh war dead in Germany is provided for by German legislation and the practice based on it, have agreed as follows:
Article 1
For the purposes of this Agreement, the terms below shall have the following meanings:
a) “German war dead”:
- members of the German armed forces,
- persons equated with them under German law,
- other persons of German nationality who died in connection with the events of the 1914/1918 war or the 1939/1945 war or after their deportation;
b) “German war graves”:
the graves of German war dead located in the territory of the Republic of Kazakhstan;
c) “German war cemeteries”:
the cemeteries or parts of cemeteries in which German war dead are buried, which still exist, can be found or are to be newly established in the territory of the Republic of Kazakhstan.
Article 2
(1) The government of the Republic of Kazakhstan guarantees the protection of German war graves and the permanent right of rest for German war dead in its sovereign territory and, as far as necessary, keeps the surroundings of the German war graves free of all facilities that are not compatible with the dignity of these sites, in accordance with the legislation of the Republic of Kazakhstan.
(2) The Government of the Federal Republic of Germany is entitled to restore and maintain German war graves and German war cemeteries in the Republic of Kazakhstan at its own expense.
Article 3
(1) The Government of the Republic of Kazakhstan shall cede, for the past and the future, the areas of land used as German war cemeteries free of charge and for an unlimited period of time as permanent resting places for German war dead.
(2) Property rights are not affected by this Agreement. Any changes deemed necessary to the boundaries of the areas of land used as German war gravesites shall be settled by mutual agreement between the Parties or their designated agencies. If the parties agree that a site is no longer used, either in whole or in part, as a German war gravesite, this change will result in the loss of the right of use for the Government of the Federal Republic of Germany.
(3) Should a site under paragraph 1 be needed for another use for imperative reasons of public policy, the Government of the Republic of Kazakhstan shall make available to the Government of the Federal Republic of Germany another suitable site and shall bear the costs of reburial of the dead and of the preparation of the new graves. The selection of the new site, its preparation and the reburial shall be carried out by mutual agreement.
Article 4
(1) The Government of the Republic of Kazakhstan shall permit, without incurring any costs and after having been presented with a plan for prior approval, the Government of the Federal Republic of Germany to consolidate the mortal remains of German war dead whose reburial the Government of the Federal Republic of Germany considers necessary. The exhumation of German war dead shall be carried out by forces named by the German side.
(2) A record shall be kept of every reburial of a German war dead, stating the old and new grave location, personal details, the inscription on the dog tag or other identifying features.
(3) Insofar as it can be shown that formerly existing German war gravesites on Kazakh soil have been abandoned due to infrastructure changes that have since taken place and the German dead buried there can no longer be recovered, the government of the Republic of Kazakhstan shall, at the request of the German side, permit the establishment of memorials in a simple and dignified form at these former sites. The Kazakh side shall provide suitable land for this purpose.
(4) Insofar as a provisional burial of German war dead found on Kazakh soil is necessary to enable a final burial at a German war grave site, the government of the Republic of Kazakhstan shall make arrangements for their proper and dignified provisional burial and for the marking of the graves.
Article 5
If graves of war dead from other countries are found on German war gravesites, this fact shall be given due consideration in decisions regarding the preservation and maintenance of these graves.
Article 6
(1) The repatriation of German war dead from the territory of the Republic of Kazakhstan to the Federal Republic of Germany requires the prior consent of the government of the Federal Republic of Germany. The government of the Republic of Kazakhstan will only allow such repatriation if this consent has been obtained.
(2) The consent of the government of the Federal Republic of Germany is also required for applications to the government of the Republic of Kazakhstan for the repatriation of German war dead to third countries.
(3) All costs and fees for the disinterment and repatriation of German war dead shall be borne by the applicants.
(4) Representatives of the authorities of both Parties may be present at the disinterment of German war dead for repatriation.
Article 7
(1) The Government of the Federal Republic of Germany commissions the “Volksbund Deutsche Kriegsgräberfürsorge e.V.” (hereinafter referred to as “VOLKSBUND”) with the technical implementation of the tasks in the Republic of Kazakhstan that arise for the German side from this agreement.
(2) In the event that the Government of the Federal Republic of Germany wishes to commission another organization, agreement shall be reached between the Contracting Parties.
Article 8
(1) The Government of the Republic of Kazakhstan shall afford the VOLKSBUND every possible assistance, including access to records on German war graves and deceased German soldiers which are or will be available at all state and other institutions. Other agreements and arrangements shall remain unaffected.
(2) The VOLKSBUND may send representatives, specialists and other personnel to the Republic of Kazakhstan to carry out its tasks.
Article 9
(1) The VOLKSBUND shall, wherever possible, use local labor and materials in the performance of the work arising from the implementation of this Agreement under the conditions customary in free competition.
(2) The VOLKSBUND may also import into the Republic of Kazakhstan and re-export from the Federal Republic of Germany or another Member State of the European Union equipment, means of transport, materials and accessories necessary for the performance of the work referred to in this Agreement.
(3) The following shall apply to the customs clearance of these goods:
a) temporarily imported equipment and means of transport shall be cleared through customs upon their import into the Republic of Kazakhstan on an import-export customs declaration with the proviso that the said equipment and means of transport shall be re-exported after completion of the work;
b) Materials and articles intended for the construction, decoration or maintenance of graves, memorials or cemeteries shall remain free of import duties if the following are submitted to the customs authorities in addition to the regular import declaration:
- a detailed list of the imported goods,
- a signed declaration of commitment from a person authorized by the VOLKSBUND for this purpose, containing the binding assurance that the goods mentioned will be used only for the purposes specified in this agreement.
Article 10
(1) The transfer of the land serving as German war graves sites, agreed upon in accordance with Article 3, paragraph 1, shall authorize the VOLKSBUND to carry out directly all the preparation and beautification work on the war graves sites as well as the construction of suitable access roads, recreation rooms and other facilities for visitors within the framework of the relevant Kazakhstan legal provisions.
(2) The VOLKSBUND shall ensure that all legal requirements concerning hygiene and health are observed during construction work as provided for by Kazakh law. It shall observe the relevant legal and administrative regulations concerning cemetery regulations.
Article 11
(1) The Government of the Republic of Kazakhstan commissions the charitable association “ANTITESA” with all practical tasks on the Kazakh side within the framework of this agreement.
(2) The association “ANTITESA” shall work closely with the VOLKSBUND and provide it with the necessary support in the realization of its humanitarian mission regarding German war gravesites within the borders of the Republic of Kazakhstan.
(3) The VOLKSBUND and ANTITESA may conclude an agreement for the fulfillment of their tasks.
Article 12
(1) The Government of the Federal Republic of Germany shall support, within the scope of its possibilities, the Government of the Republic of Kazakhstan in its request to inspect graves of Kazakh war dead located in the Federal Republic of Germany and to make proposals for the maintenance of the graves.
(2) The Government of the Federal Republic of Germany shall, at the request of the Government of the Republic of Kazakhstan, inform the latter of the names and places of burial of war dead from the former Union of Soviet Socialist Republics in the Federal Republic of Germany known to it.
(3) The Government of the Republic of Kazakhstan authorizes the “ANTITESA” charity to receive this information.
Article 13
This Agreement shall enter into force one month after the date on which the Contracting Parties have notified each other that the necessary domestic requirements for entry into force have been met.
Done at Almaty on April 10, 1995 in two copies, each in the German, Kazakh and Russian languages, each text being authentic. In case of divergence in the interpretation of the German and Kazakh texts, the Russian text shall be decisive.
For the Government of the Federal Republic of Germany Werner Hoyer
For the Government of the Republic of Kazakhstan Tokaev