بتاريخ هفدهم ماه جنوری سال 2011، دولت افغانستان، دولت استرالیا وکميشنري عالي سازمان ملل متحد در امور پناهندگان یو. ان. اچ. سی آر، تفاهم نامهء را برای بازگشت اجباری آنعده پناهجویانی که به درخواست پناهندگی شان پاسخ منفي داده ميشود، امضا کردند.
Memorandum of Understanding between
the Government of Australia,
the Government of the Islamic Republic of Afghanistan and
the United Nations High Commissioner for Refugees (UNHCR)
on migration and humanitarian cooperation
The Government of Australia, the Government of the Islamic Republic of Afghanistan
and UNHCR, hereinafter referred to as “the Participants”,
Desiring to contribute towards the shared objectives of supporting peace and
stability in Afghanistan, meeting the humanitarian needs of Afghan nationals and
building capacities in relevant Afghan Government agencies;
Recalling that the Australian Government has funded housing to stabilise and
support the accommodation needs of landless Afghan nationals at AliceGhan;
Recalling that the Australian Government funds UNHCR to provide shelter for Afghan
returnees and internally displaced persons through UNHCR’s shelter program;
Recognising that the Australian Government offers legal means for the movement of
people between Afghanistan and Australia, including opportunities for Afghan
nationals abroad in need of international protection to be resettled in Australia, in
cooperation with UNHCR when appropriate;
Noting that Australia does not encourage the return of Afghan nationals who have
become permanent residents or citizens of Australia through Australia’s
humanitarian and migration programs;
Recognising the need for resolute action to counter people smuggling and the value
of activities which promote managed and orderly migration;
Recalling the obligations contained in the 1951 Convention relating to the Status of
Refugees, (Refugee Convention) and its 1967 Protocol;
Recognising that everyone has the right to leave any country, including one’s own
and no one shall be arbitrarily deprived of the right to enter his own country,
according to, inter alia, Article 13(2) of the 1948 Universal Declaration of Human
Rights and Article 12 of the 1966 International Covenant on Civil and Political Rights;
Noting the role of UNHCR in providing guidelines on international protection;
Noting the Decree of the President of the Afghan Interim Administration (number
297) ‘On the Dignified Return of Refugees’.
Have reached the following common understanding bearing on migration and
humanitarian cooperation which should contribute to support peace and stability in
Afghanistan:
Areas of Cooperation
1. The areas of cooperation under this Memorandum of Understanding (MoU)
include:
a) activities aimed at increasing the capacity of the Government of the Islamic
Republic of Afghanistan to develop policies and institutional arrangements
that address the root causes of irregular migration, the irregular movement
of people and the incidence of people smuggling;
b) activities and assistance aimed at increasing prospects for Afghan nationals
(hereinafter referred to as Afghans) to re‐establish themselves and maintain
their livelihoods on arrival in Afghanistan;
c) monitoring of the return (preferably voluntary), arrival and reception of
Afghans judged not to be in need of international protection.
Commitments ‐ Australia
2. With a view to supporting the Government of the Islamic Republic of Afghanistan
to improve the orderly management of migration, and to facilitate the
re‐establishment of livelihoods in Afghanistan, the Government of Australia will,
subject to laws and procedures in force in Australia, provide funding for the mutually
agreed projects set out in an annex to this MoU, including but not limited to:
a) projects to support sustainable livelihood activities, vocational skills training
and employment‐generation; and
b) projects to support Afghans not in need of international protection as
refugees returning to Afghanistan from Australia, with the intention of
achieving voluntary returns wherever possible.
3. Subject to Australian law (including privacy laws), the Government of Australia
will:
a) provide UNHCR free and unhindered access to Afghans departing Australia
under the terms of this MoU, as well as access to relevant information
concerning their situations;
b) continue to provide opportunities for the resettlement to Australia of
Afghans who meet its resettlement program criteria; and
c) give full consideration, in accordance with the Refugee Convention, to the
asylum claims of Afghans who are assessed in Australia, including
independent merits review and access to judicial review. For Afghans found
not to be in need of international protection under the Refugee Convention,
an assessment against other international refoulement obligations and
compelling humanitarian needs will be made before departure, and any
major changes in the security situation in Afghanistan relevant to the return
will be taken into account.
Commitments ‐ Afghanistan
4. The Government of the Islamic Republic of Afghanistan will, subject to laws and
procedures in force in Afghanistan:
a) facilitate and support the implementation of projects in Afghanistan carried
out under this MoU by Ministries and programmes with the required
technical competences and capacities;
b) support organizations which provide training programs for youth related to
morality, patriotism and a commitment to the secure and prosperous future
of Afghanistan;
c) create awareness programs for Afghans, including youth, on the importance
of orderly departure and migration, and the dangers of people smuggling and
human trafficking;
d) work with the Government of Australia, including its embassies abroad, to
promote the orderly migration of Afghans to Australia;
e) facilitate the arrival and reintegration of Afghans arriving in Afghanistan
under the terms of this MoU, including through programs to reduce the
likelihood of irregular migration; and
f) provide UNHCR, subject to national legislation (including privacy laws), free
and unhindered access to Afghans arriving in Afghanistan under the terms of
this MoU, as well as access to relevant information concerning their
situations.
UNHCR’s role
5. The UNHCR’s role includes, subject to laws and procedures in force in Australia
and Afghanistan:
a) referring appropriate cases of Afghan refugees abroad to Australia for
consideration under Australia’s refugee resettlement program;
b) In the context of the Refugee Status Determination process, providing
guidance on specific issues and conditions in Afghanistan that would merit
consideration by adjudicators;
c) engaging as necessary, in conformity with its mandate, in ad hoc monitoring
of the return of Afghans from Australia to Afghanistan, with particular
attention to persons with specific humanitarian needs.
Modalities
6. Designated senior representatives of the Participants may convene in a mutually
agreeable location to monitor and discuss the implementation of this MoU, in
particular the areas of cooperation in paragraph 1, up to twice a year. Meetings may
be instigated by a written request from any of the Participants. The representatives
may, whenever they consider it useful and appropriate, i
nvite representatives of
relevant organisations to participate in their deliberations in an advisory capacity.
Decisions taken by the representatives will be based on mutual consent.
7. The areas of cooperation under this MoU may be facilitated through the
exchange of delegations and technical experts between the Participants as
appropriate.
8. The Government of Australia will provide for appropriate skills training, both in
Afghanistan, and where feasible, in Australia, to support the reintegration of Afghans
in Afghanistan.
9. The Government of the Islamic Republic of Afghanistan, noting that voluntary
return is always preferable, will readmit its nationals who are in Australia, as well as
foreigners who are immediate family members of such nationals, who:
a) elect, on the basis of their freely expressed wish, to return to Afghanistan; or
b) are found not to be in need of international protection and not entitled to
remain in Australia.
10. Afghans departing Australia under the terms of this MoU may do so on a travel
document issued by either the Government of Australia or the Government of the
Islamic Republic of Afghanistan. The Government of the Islamic Republic of
Afghanistan will, when requested by the Government of Australia, assist with the
verification of Afghan nationality and the issuance of travel documentation to
facilitate the return of Afghans. This will be done within the shortest possible time
and, no later than six weeks after the request. The Government of Australia will
provide financial assistance to the Government of the Islamic Republic of
Afghanistan to facilitate the verification of the identity of persons claiming Afghan
citizenship.
11. The Government of Australia will advise the other Participants of the planned
departure of Afghans as soon as possible before travel but no less than 10 calendar
days prior to the scheduled departure.
12. The Participants will continue to cooperate to ensure, with financial support
provided by the Government of Australia, the provision of appropriate information
to Afghans arriving in Afghanistan under the terms of this MoU concerning the risks
of mines and unexploded ordnances.
13. In making decisions about the repatriation of unaccompanied or separated
children the Government of Australia will adhere to the minimum standards
stipulated in the Aide‐memoire “Special measures applying to the return of
unaccompanied and separated children to Afghanistan” attached to this
Memorandum of Understanding.
Continued Validity of Other Arrangements
14. This MoU will not affect the validity of or derogate from any existing
instruments, agreements or other mechanisms of cooperation to which the
Participants have committed.
Dispute Resolution
15. The Participants will use their best efforts to resolve amicably any dispute,
controversy or claim arising out of, or relating to, this MoU through negotiations
between the Participants or their representatives.
Amendment
16. This MoU may be amended by mutual consent in writing between the
Participants.
Term, Expiration and Termination
17. This MoU will come into effect upon signature by the Participants and will
remain in effect for a one year period from the date of signature. The MoU will be
extended automatically on an annual basis (for a one year period) unless one of the
Participants expresses a contrary intention in writing at least 30 calendar days prior
to the expiration of the MoU.
18. Any Participant hereto may terminate this MoU by notification in writing to the
other Participants communicated via diplomatic channels. This MoU will cease to
apply 30 calendar days after the date of delivery of any such notification to each of
the Participants.
Status of MoU
19. This MoU embodies the understanding of the Participants. It does not create
legally binding obligations, nor create or confer any right, privilege or benefit on any
person or Participant. It is not intended to modify or supersede any national law or
international obligations.
In witness whereof, the representatives of the Participants have signed this MoU.
Signed this 17
th
day of January, 2011
Annex
In accordance with paragraph two (2) of the Memorandum of Understanding (MoU)
between the Government of Australia, the Government of the Islamic Republic of
Afghanistan and the United Nations High Commissioner for Refugees (UNHCR) on
Migration and Humanitarian Cooperation, the Government of Australia (Australia)
will fund the following initiatives:
1. Phase III of the Afghan Passport Issuance System/Afghan Visa Issuance System
• Australia has already contributed over AU 1.3 million dollars for the first
two phases of this project
• Australia will fund Phase III of the project, which will assist in ensuring
that Afghan passports meet international standards
2. Additional initiatives at AliceGhan
• Australia has provided approximately AU 8 million dollars since 2005 for
the AliceGhan housing project near Kabul
• Australia will fund further initiatives at AliceGhan to see the settlement
reach its full potential
o For example, the building of boundary walls for each dwelling, or
employment generation and vocational training projects
3. Embedded officer in the Ministry of Refugees and Repatriation
• Australia will fund the secondment of an International Organization for
Migration (IOM) officer to the Ministry of Refugees and Repatriation to
assist with policy development and administrative support for the
Ministry
4. Individual reintegration assistance
• Australia will fund IOM to develop individually tailored reintegration
assistance plans for returnees
• Tailored reintegration assistance may include the provision for
accommodation, skills training, small business creation and/or job
placement
• Additional services provided by IOM upon arrival in Kabul may include
assistance through customs, medical consultations where needed,
onward travel to final destination and temporary accommodation in
Kabul for up to 14 days where requested
