Memorandum of Understanding (MoU)

between

the Government of the Kingdom of Sweden

and

the Government of the Republic of Iraq

The Government of the Kingdom of Sweden andthe Government of the Republic of Iraq,hereinafter referred to as “the Parties”,(a) Recognising that the right of all citizens to leave and to return totheir country is a basic human right enshrined,inter alia,in Article13(2) of the 1948 Universal Declaration of Human Rights and Article 12of the 1966 International Covenant on Civil and Political Rights;(b) Resolved to cooperate in order to assist the voluntary, dignified,safe and orderly return to and successful reintegration in Iraq of Iraqisnow in Sweden;(c) Noting he desire of the Parties to work with each other to achievefull observance of international human rights and humanitarianstandards;

Have reached the following understandings:

PARAGRAPH 1

Objectives

With this MoU, the Parties wish to lay the basis for a closelycoordinated, phased and humane process of assisted return of Iraqis inSweden which respects the primacy of voluntary return and whichtakes account of the conditions in Iraq and of the importance of safe,dignified and sustainable return.

PARAGRAPH 2

Modalities of Return

The Parties hereby accept that the return of Iraqis will, primarily, takeplace at their freely expressed wish, based on their knowledge of the

2situation in intended places of return and of any options for continuedstay in Sweden:I. Iraqis holding a permanent residence permit in Sweden, will returnto Iraq on the basis of their freely expressed wish in accordance withthe 1951 Convention relating to the Status of Refugees and its 1967Protocol.II. Iraqis with pending applications for asylum, who decide of theirown free will to return to Iraq, can opt for voluntary return.III. Iraqis, who are found not to have protection needs orhumanitarian reasons in accordance with the regulations in theSwedish Aliens Act, could opt for voluntary return after a finalnegative decision on their asylum claim.IV. Iraqis who have no protection or compelling humanitarian needsjustifying prolongation of their stay in Sweden, but who nevertheless,continue to refuse to avail themselves of the option of voluntary returnmay be ordered to leave Sweden as an option of last resort. The returnprocess of such persons will be phased, orderly and humane.

PARAGRAPH 3

Re-admission

The Government of the Republic of Iraq will readmit its nationals andwill assist , where necessary, in determining the nationality of personscovered by this MoU, within the shortest possible time and in any casenot later than within one month. The Government of the Republic ofIraq and the Government of the Kingdom of Sweden will cooperateclosely in this respect.

PARAGRAPH 4

Commitments upon Return

The Government of the Republic of Iraq will, together will otherrelevant bodies, carry out the necessary measures to ensure that Iraqisabroad can return without any fear of harassment, intimidation,persecution, discrimination, prosecution or any punitive measureswhatsoever. These safeguards do not preclude the right of thecompetent authorities of Iraq to prosecute individuals on account ofwar crimes and crimes against humanity, as defined in internationalinstruments, or very serious common crimes involving death or severebodily harm in accordance with established human rights standards.

PARAGRAPH 5

Freedom of Choice of Destination

3The Government of the Republic of Iraq accepts that Iraqis returningfrom abroad will be free to settle in their former place of residence orany other place of their choice in Iraq.

PARAGHRAPH 6

Documentation

The Government of the Kingdom of Sweden will contribute towardsthe costs of the issuance of travel documents to Iraqis returning underthis MoU.The Government of the Republic of Iraq will, in cases in which Iraqiswishing to return do not hold travel documents, issue such documentswithout delay, and not later than within one month, through theirdiplomatic representations.For Iraqis who have no protection or humanitarian needs justifyingprolongation of their stay in Sweden and who nevertheless, followingthe communication of a final negative decision, continue to refuse toavail themselves of the option of voluntary return, the relevantSwedish authority may issue a valid travel document, EU Laissez-Passer.The EU Laissez-Passer may also be issued to those returningvoluntarily with the assistance of the International Organization ofMigration (IOM) and who are not in the possession of valid traveldocuments.

PARAGRAPH 7

Preservation of Family Unity

In accordance with the principle of family unity, the Government ofthe Kingdom of Sweden, will, in cases where all members of a family,who are all Iraqis covered by the MoU, decide to return to Iraq, makeevery effort to ensure that families are returned as units and thatinvoluntary separation is avoided. Family reunification, shall in allcases, take place in accordance with the respective national andinternational laws.

PARAGRAPH 8

Special Measures for Vulnerable Groups

The Parties will take special measures to ensure that vulnerable groupsreceive adequate protection, assistance and care throughout the returnand reintegration process. In particular, measures will be taken toensure that unaccompanied minors are not returned prior tosuccessful tracing of family members or without specific and adequatereception and care-taking arrangements having been put in place inIraq.

PARAGRAPH 9

Airport Arrival and Transit Arrangements

The Parties decide that the appropriate mode of return from Swedento Iraq is by air.

PARAGRAPH 10

Return Transportation Assistance

The Government of the Kingdom of Sweden will, according to theSwedish legislation, meet the costs of travel for Iraqis covered by thisMoU up to the final destination in Iraq.

PARAGRAPH 11

Reintegration Assistance

The Government of the Kingdom of Sweden will continue to considerfavourably the provision of support to reconstruction andrehabilitation projects with a view to facilitating the re-establishmentof livelihoods in Iraq of returnees taking into account the broaderreconstruction needs of Iraq.

PARAGRAPH 12

Co-ordination Mechanisms

In implementing this MoU, the Parties are committed to coordinatingand consulting closely with each other. In this regard, relevantinformation – except person-specific information related to thecontent of asylum-claims – will be shared between the Parties.

PARAGRAPH 13

Personnel

The Government of the Kingdom of Sweden and the Government ofthe Republic of Iraq will facilitate the entry and stay, through issuanceof visas as necessary, in accordance with their applicable nationalimmigration laws, of their officials and personnel in facilitating theimplementation of the MoU.

PARAGRAPH 14

Continued Validity of other Agreements

This MoU will not affect the validity of or derogate from any existinginstruments, agreements, arrangements or mechanisms of cooperationbetween the Parties.

PARAGRAPH 15

Resolution of Disputes

5Any question arising out of the interpretation or application of thisMoU, or for which no provision is expressly made herein, will beresolved amicably through consultations between the Parties.

PARAGRAPH 16

Coming into effect

This MoU will come into effect upon signature by the Parties.

PARAGRAPH 17

Amendment

This MoU may be amended by mutual consent in writing between theParties.

PARAGRAPH 18

Termination

Each Party has the right to denounce this MoU at any time bynotification in writing to the other Party communicated via diplomaticchannels. The MoU shall cease to apply 30 calendar days after the dateof the receipt of any such notification.In witness, thereof, the representatives of the Parties have signed thisMoU.DONE atoriginal copies.thisin two