UUI, Alm.del - 2008-09 - Bilag 144: Orientering om, at tilbud om økonomisk støtte og opkvalificering til afviste irakiske asylansøgere ophører, fra integrationsministeren

The Ministry of Foreign Affairs of the Kingdom of Denmark andThe Ministry of Foreign Affairs of the Republic of Iraq,Hereinafter referred to as “the Parties”.(a) Recognising that the right of all citizens to leave and to return to their country is a basichuman right enshrined,inter alia,in Article 13(2) of the 1948 Universal Declaration of HumanRights and Article 12 of 1966 International Covenant on Civil and Political Rights;(b) Resolved to cooperate in order to assist the voluntary, dignified, safe and orderly returnto and successful reintegration in Iraq of Iraqis now in Denmark;(c) Noting the desire of the Parties to work with each other to achieve full observance of in-ternational human rights and humanitarian standards;Have reached the following understandings:

PARAGRAPH 1ObjectivesWith this MOU, the Parties wish to lay the basis for a closely coordinated, phased and hu-mane process of assisted return of Iraqis in Denmark which respects the primacy of volun-tary return and which takes account of the conditions in Iraq and of the importance of safe,dignified and sustainable return.

PARAGRAPH 2Modalities of ReturnThe Parties hereby accept that the return of Iraqis will, primarily, take place at their freely ex-pressed wish, based on their knowledge of the situation in intended places of return and ofany options for continued stay in Denmark:I. Iraqis holding a permanent residence permit in Denmark will return to Iraq on the basis oftheir freely expressed wish in accordance with the 1951 Convention relating to the Status ofRefugees and its 1967 Protocol.II. Iraqis with pending applications for asylum, who decide of their own free will to return toIraq, can opt for voluntary return.III. Iraqis, who are found not to have protection needs or humanitarian reasons in accor-dance with the regulations in the Danish Aliens Act, could opt for voluntary return after a finalnegative decision on their asylum claim.IV. Iraqis who have no protection or compelling humanitarian needs justifying prolongation oftheir stay in Denmark, but who nevertheless, continue to refuse to avail themselves of theoption of voluntary return may be ordered to leave Denmark as an option of last resort. Thereturn process of such persons will be phased, orderly and humane.

PARAGRAPH 3Re-admissionThe Republic of Iraq will readmit its nationals and will assist, where necessary, in determin-ing the nationality of persons covered by this MOU, within the shortest possible time and inany case not later than within one month. The Republic of Iraq and the Kingdom of Denmarkwill cooperate closely in this respect.

PARAGRAPH 4Commitments upon ReturnThe Republic of Iraq will, together will other relevant bodies, carry out the necessary meas-ures to ensure that Iraqis abroad can return without any fear of harassment, intimidation,persecution, discrimination, prosecution or any punitive measures whatsoever. These safe-guards do not preclude the right of competent authorities of Iraq to prosecute individuals onaccount of war crimes and crimes against humanity, as defined in international instruments,or very serious common crimes involving death or severe bodily harm in accordance with es-tablished human rights standards.

PARAGHRAPH 6DocumentationThe Kingdom of Denmark will contribute towards the costs of the issuance of travel docu-ments to Iraqis returning under this MOU.The Republic of Iraq will, in cases in which Iraqis wishing to return do not hold travel docu-ments, issue such documents without delay, and not later than within one month, throughtheir diplomatic representations.For Iraqis who have no protection or humanitarian needs justifying prolongation of their stayin Denmark and who nevertheless, following the communication of a final negative decision,continue to refuse to avail themselves of the option of voluntary return, the relevant Danishauthority may issue a valid travel document, EU Laissez-Passer.The EU Laissez-Passer may also be issued to those returning voluntarily with the assistanceof the International Organization of Migration (IOM) and who are not in the possession ofvalid travel documents.

PARAGRAPH 7Preservation of Family UnityIn accordance with the principle of family unity, the Kingdom of Denmark, will, in caseswhere all members of a family, who are all Iraqis covered by the MOU, decide to return toIraq, make every effort to ensure that families are returned as units and that involuntaryseparation is avoided. Family reunification, shall in all cases, take place in accordance withthe respective national and international laws.

PARAGRAPH 8Special Measures for Vulnerable GroupsThe Parties will take special measures to ensure that vulnerable groups receive adequateprotection, assistance and care throughout the return and reintegration process. In particular,measures will be taken to ensure that unaccompanied minors are not returned prior to suc-cessful tracing of family members or without specific and adequate reception and care-takingarrangements having been put in place in Iraq.

PARAGRAPH 11Reintegration AssistanceThe Kingdom of Denmark will continue to consider favourably the provision of support to re-construction and rehabilitation projects with a view to facilitating the re-establishment of live-lihoods in Iraq of returnees taking into account the broader reconstruction needs of Iraq.

PARAGRAPH 12Co-ordination MechanismsIn implementing this MOU, the Parties are committed to coordinating and consulting closelywith each other. In this regard, relevant information – except person-specific information re-lated to the content of asylum-claims – will be shared between the Parties.

PARAGRAPH 13PersonnelThe Kingdom of Denmark and the Republic of Iraq will facilitate the entry and stay, throughissuance of visas as necessary, in accordance with their applicable national immigrationlaws, of their officials and personnel in facilitating the implementation of the MOU.

PARAGRAPH 18TerminationEach Party has the right to denounce this MOU at any time by notification in writing to theother Party communicated via diplomatic channels. The MOU shall cease to apply 30 calen-dar days after the date of the receipt of any such notification.

In witness, thereof, the representatives of the Parties have signed this MOU.DONE atonin two original copies in English andArabic languages. Both Texts have being equally authentic. In case of divergence in inter-pretation, the English text shall prevail.