CAT/OP/KAZ/1/Add.1
executing agency is the National Human Rights Centre. Implementation period:
2017���2018.
• The development of guidance for national preventive mechanism members on
conducting preventive visits (supported by PRI and international organizations). The
final output will be approval by the Coordinating Council of the Commissioner for
Human Rights of the resources developed. The executing agency is the National
Human Rights Centre. Implementation period: 2017.
Paragraph 21
The Subcommittee recalls that, under article 18 (3) of the Optional Protocol, States
parties are required to undertake to make available the necessary resources for the
functioning of the national preventive mechanisms. Therefore, it recommends that
funding be provided for the effective functioning of the mechanism through a specific
budget line in the national annual budget, and that the mechanism be granted
institutional autonomy for the use of its resources.
25.
The Ministry of Justice currently administers the budget subprogramme that covers
the activities of the national preventive mechanism.
26.
The Ombudsman and the National Human Rights Centre are responsible for
coordinating and conducting the activities of the national preventive mechanism.
27.
Meanwhile, draft budget programmes for government agencies for 2017–2021 and
administrator budget requests for the national budget programme for 2018–2020 were
considered at a meeting of the National Budget Commission; as a result, the Ministry of
Justice and the National Human Rights Centre were requested to collaborate on the transfer
of the administration of the budget subprogramme for national preventive mechanism
activities to the National Human Rights Centre.
28.
The National Human Rights Centre, in line with its regulations as approved under
Presidential Decree No. 992 of 10 December 2002, has the status of a legal entity in the
legal form of a government institution.
29.
Article 31 of the Budget Code provides that budget programmes are administered by
the government agency responsible for planning, justifying, implementing and attaining the
expected results.
30.
National budget programmes are administered by the central executive and other
central government bodies.
31.
Article 2 (1) of the Administrative Procedures Act of 27 November 2000 defines
government agencies as public institutions that are authorized by the Constitution, laws and
other legal instruments to implement, on behalf of the State, functions related to: issuing
laws establishing general rules of public conduct; the management and regulation of
socially important social relations; and monitoring compliance with the general rules of
conduct laid down by the State.
32.
The National Human Rights Centre is not a government agency and therefore falls
outside the scope of article 31 of the Budget Code; the transfer to it of the budget
programme will therefore require changes to existing legislation.
33.
The national preventive mechanism operates using funding from the national budget.
The funds are used only to reimburse members of the mechanism for expenses related to
preventive visits and may not be used to cover other expenses.
34.
After each visit, national preventive mechanism members are reimbursed for
expenses related to transport, accommodation, subsistence, stationery, postage and payment
for the preparation of the report.
35.
Such expenses amounted to 18.6 million tenge in 2014; 48 million tenge in 2015;
and 66 million tenge in 2016; the forecast for 2017 is 61 million tenge.
GE.19-01981
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