Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Uzbekistan on German war graves in the Republic of Uzbekistan
The Government of the Federal Republic of Germany and the Government of the Republic of UzbekistanDesiring to create a final settlement for German war graves located in the territory of the Republic of Uzbekistan,Anxious 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 13 of the Joint Declaration of 11 April 1995 on the relations between the Federal Republic of Germany and the Republic of Uzbekistan, in view of the fact that the maintenance of the graves of Uzbek war dead in Germany is taken care of 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 Uzbekistan;
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 Uzbekistan.
Article 2
(1) The Government of the Republic of Uzbekistan shall ensure the protection of German war graves and the permanent right of rest for German war dead within its territory and shall keep the surroundings of German war graves free of any structures that are incompatible with the dignity of these sites.
(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 Uzbekistan at its own expense.
Article 3
(1) The Government of the Republic of Uzbekistan shall cede, for the past and the future, the areas of land serving as German war cemeteries as permanent resting places for German war dead free of charge and for an unlimited period of time.
(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 the agencies designated by them. If the two Parties agree that a site is no longer used, either in whole or in part, for the intended purpose, this change shall result in the loss of the right of use for the Government of the Federal Republic of Germany.
(3) Should a site as defined in paragraph 1 be needed for another purpose on compelling public grounds, the Government of the Republic of Uzbekistan 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 Uzbekistan, without incurring any costs and after having been presented with a plan for prior approval, permits the Government of the Federal Republic of Germany to consolidate the graves 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 designated 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 proven that formerly existing German war gravesites on Uzbek soil have been abandoned due to infrastructural changes that have taken place in the meantime and the German dead buried there can no longer be recovered, the government of the Republic of Uzbekistan shall, at the request of the German side, permit the establishment of memorials in a simple and dignified form at these former sites. The government of the Republic of Uzbekistan shall provide suitable land for this purpose.
(4) Insofar as a provisional burial of German war dead found on Uzbek soil is required to enable a final burial at a German war grave site, the government of the Republic of Uzbekistan shall make arrangements for their proper and dignified provisional burial and for the marking of the graves.
Article 5
Insofar as graves of war dead from other countries are located at German war gravesites, this fact shall be given due consideration in decisions regarding the maintenance and care of these graves.
Article 6
(1) The transfer of German war dead from the territory of the Republic of Uzbekistan 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 Uzbekistan will only allow such a transfer 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 Uzbekistan for the transfer 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 Uzbekistan 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 Uzbekistan shall grant the VOLKSBUND every possible support, in particular access to the documents available now or in the future from all authorities and other institutions concerning German war graves and deceased German soldiers. Other agreements and arrangements shall remain unaffected.
(2) The VOLKSBUND may send representatives, specialists and other personnel to the Republic of Uzbekistan 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 prevailing in free competition.
(2) The VOLKSBUND may also import into and re-export from the Federal Republic of Germany or another Member State of the European Union to the Republic of Uzbekistan equipment, means of transport, materials and supplies necessary for the execution 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 Uzbekistan on an import-export customs note with the proviso that the said equipment and means of transport are re-exported after the work has been completed;
(b) Materials and articles intended for the construction, ornamentation or maintenance of graves, memorials or cemeteries shall be admitted free of import duties if, in addition to the regular import declaration, the customs authorities are presented with:
- an exact list of the imported goods,
- a declaration of commitment, signed by a duly authorized person, containing the binding assurance that the said goods will be used only for the purposes provided for in this Agreement.
Article 10
(1) The transfer of the areas serving as German war graves sites, agreed in accordance with Article 3 (1), shall authorize the VOLKSBUND to carry out directly all the work involved in the preparation and beautification of the war graves sites and the construction of suitable access roads, recreation rooms and other facilities for visitors, within the framework of the relevant Uzbek legal provisions.
(2) The VOLKSBUND shall ensure that all legal requirements concerning hygiene and health are observed during construction work as provided for by Uzbek law. It shall comply with the relevant legal and administrative regulations concerning cemetery regulations.
Article 11
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 Tashkent, 11 April 1995, in two copies, each in the German, Uzbek and Russian languages, each text being authentic. In case of divergence in the interpretation of the German and Uzbek 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 Uzbekistan Kamilov