AN OPEN LETTER TO ARUZHAN SAIN MINISTER OF EDUCATION AND SCIENCE OF KAZAKHSTAN

Mr. E. K. Sagadiev

Dear Erlan , Kenzhegalieva!

10 years our Foundation is working in the framework of "Kazakhstan without orphans". In the framework of this project legal aid to citizenswho wish to become foster parents, advocating for children left without parental care in families of citizens of Kazakhstan in all possible forms and also help children who findcI in institutionsand orphanages, shelters, etc.

We were pleased to learn that will soon be opening Bank data and derivative information about children will be open. However, we believe that information, in addition to publication on the state resource must be allocated to NGOsworking in the field of children's rights protection, national and regional scales for the implementation of the strategy of President Nursultan Nazarbayev on transparency, openness and accountability of the civil society of the work of state bodies. In particular – the task of device of all children without parental care in families of citizens of Kazakhstan.

Back in July 2012 between our Foundation and the Committee for the protection of children's rights of the Ministry of education and science of the Republic of Kazakhstan was signeda Memorandum on consolidation of efforts in the implementation of the strategic program of the President of the Republic of Kazakhstan on the device of children in families of citizens of Kazakhstan. Among other things, mentioned the Memorandum includes a commitment by the CCAS to ensure the ongoing provision of regional bodies of guardianship education departments OF the "HOME" of the derivative information about children posted on the website of the project "Kazakhstan without orphans" www.usynovite.kz .

Since the change of leadership by the CCAS, that is already 2 years, in violation of the provisions of the Memorandum, regional bodies performing functions on guardianship and guardianship, the provision of such data, we discontinued!

Our official requests the guardianship answer replies and telephone conversations and personal contacts refer to the alleged oral order of the management of the CCAS banning to provide us with the data defined by the Memorandum.

Cracks illegally are motivated by the fact that the legislation does not define the transmission of the derived information to us. But, since Kazakhstan declares itself a legal state, then it is a basic principle of the legal state, "everything is Permitted that is not expressly prohibited", then the bounce is illegal. In addition, in accordance with the terms of the said Memorandum, the regional bodies of guardianship are obliged to provide such information.

Moreover, the Law of the Republic of Kazakhstan from April 9, 2016 No. 501-V "On amendments and additions to some legislative acts of the Republic of Kazakhstan on protection of the rights of the child clearly establishes the contents of the derivative information about children. Namely, AB.3 paragraph 2, article 118-3 of the Act stipulates:

To derivative information about children-orphans, children left without parental care, includes information on sex, age, health, character traits, the reasons for the lack of parental care, the presence of siblings, adult relatives, as well as the possible forms of the device on education in families and pictures of children contained in the national data Bank.

Dear Erlan , Kenzhegalieva! Closeness of any information creates the preconditions for committing corruption offenses!

Obstruction in the transmission of open derivative information about children from bodies of guardianship and guardianship, the administration of children's institutions is largely due to the reluctance of the specified categories of workers to contribute to the implementation of direct directives of the President of the Republic of Kazakhstan Nursultan Nazarbayev to realize every child's right to life and upbringing in the Family! And also, their reluctance to eliminate orphanages as a system, and to transfer children to families because they don't want to lose control over state budget means allocated for the maintenance of children's institutions. This was repeatedly said in their speeches, Dariga Nursultanovna Nazarbayev.

The Foundation "HOUSE" offers You, as the Minister of education and science of the Republic of Kazakhstan, administers, and by the CCAS, and therefore the responsibility for children left without parental care, take measures to respect the right of every child to life and upbringing in the Family, as well as, the implementation of the tasks set by the President.

1. Resolutely curb corruption in the agencies of tutorship and guardianship, to destroy any loopholes, creating conditions for corruption offenses in the bodies of trusteeship and guardianship authorities, child care institutions, and this is possible only through a transparent system of registration of children and information about children.
2. To take measures for the implementation of KOPD MES RK the Memorandum concluded with our Foundation in 2012, and providethe derived information to our Fund of all without an exception of children in institutions, and their 8 140 children, and having the right to be brought up under the care, patronage or to be adopted.
3. To perform the work of the CCAS, which, according to the experience of our attempts at cooperation, since their arrival in the CCAS did not show themselves as citizens acting in the interests of children, and whose actions are aimed at specific cases and care of children in distress. We had the opportunity to see this repeatedly in the meetings of the working groups of the Majilis, round tables, and most importantly – the actions of the officers.
4. To perform the work of the CCAS not only for issues related to children, remaining without parental care, as by the CCAS is obliged to protect the rights of children to life, health, protection from violence etc., but such work is not conducted just! All citizens – parents of children with disabilities, the sick, the abused – ignored, action is taken. In this regard, we ask You to bring to this area of work people, patriots of the case and the Country! In this part, we are glad that in Your team there are such people as Bale Kenzhebulatova.

For our part, we Express our concern that the work on the Memorandum concluded with our colleagues, "House Mom" will be held as our Foundation - that is, sabotaged! Announced today by Aydin Rahimbaev corruption facts, as well as the current public opinion clearly indicate that this system is not acting in the best interests of children, and personal interests of its employees.

To cut this Gordian knot, required the efforts of not one, not two NGOs, but as we see from the experience of the past decade, the efforts of all citizens, media, NGOs and law enforcement agencies.

We have done a lot to assist the state in solving important social problems, and the project www.usynovite.kz already hundreds of children have found their families.

We insist on providing derivative information about children on the portal of the Project "Kazakhstan without Orphans", so we are sure that we will be able to help thousands of children find their parents, guardians, and foster parents.

In order for the guardianship began to execute the Memorandum of mon with our Foundation, we need YOUR political will.

Sincerely,

Director OF Voluntary Society Charity" Aruzhan Sain