Annex 3 February 13, 1997
PROCEDURE OF VOLUNTARY
RETURN OF REFUGEES AND IDPS[1] AS A RESULT OF THE
GEORGIAN-OSSETIAN CONFLICT TO THE PLACES OF THEIR PERMANENT RESIDENCE
Recognizing the
right of all citizens to live on the places of their origination and returning
thereof considered under the universal declaration of human rights and the
international pact on civil and political rights,
Acting in
accordance with the agreement on the principles of the georgian-ossetian
conflict settlement signed in sochi on june 24, 1992, the provision on joint controlling commission (JCC) dated october
31, 1994, the memorandum on the actions to be taken for providing safety, and
strengthening mutual confidence between the parties to the georgian-ossetian
conflict, and the statement on the results of the meeting between E.
Shevardnadze and l. Chibirov held in vladikavkaz,
Confirming our
striving for international agreement, peace and observance of human rights,
Expressing our
readiness to voluntary return of refugees and idps to the places of their
previous permanent residence, as well as respect their rights to make a free
choice of their place of residence,
The parties will
provide:
- the right of
voluntary return of refugees and idps to places of their previous permanent
residence;
- protection of
refugees and idps from possible persecution or restriction of their right to
freedom, as well as other actions that infringe their safety and dignity after
their return; such protection shall not apply to persons, who have committed serious
crimes of non-political nature, military crimes and crimes against the mankind,
as defined under the respective international documents;
- the right of
refugees and idps to reestablish their rights to ownership, that they have been
deprived of in the process of the conflict;
- the right to
freedom of movement;
- protection from
persecution, from threats to their life and property, as well as levying
non-sanctioned taxes or other material payments;
- protection from
actions that can infringe upon the national dignity of refugees and idps;
- conditions for
free realization of political and civil rights, as well as rights to
citizenship;
- creation of
conditions for development of culture, national traditions and teaching on the
mother language for the returned refugees and idps.
- reliable and
efficient information of the public about the process of return.
1. Return of
refugees and idps under the strict observance of the principle of voluntariness
and documented facts of permanent residence on the places of their return shall
be carried out:
- in the maintained
domicile, belonging to him/her on the basis of the law, upon its freeing if
occupied by other refugees or idps;
- in reconstructed
domiciles;
- in temporary
domiciles.
2. For the purpose
of supporting the organization of return, and identifying the act of the
preliminary permanent residence of refugees and idps, refugees and idps shall
file an application (annex 1) in two copies to the respective organs of
authorities of the recipient party through organs of migration according to
their actual temporary residence.
3. On the basis of
the filed application, the organs of migration shall compile summary lists by
territories of the previous residence and together with one copy of the
application send them to the respective organs of authorities of the recipient
party.
The second copy of
the application shall be maintained in the organs of migration of the
respective parties.
4. Consideration of
the lists and applications shall be carried out within the period of 30 days
from the moment of their registration upon their receipt by the respective
organs of authorities of the recipient party.
Upon completion of
consideration, lists of refugees and idps to be returned shall be approved and
sent to the organs of migration of the respective parties.
5. In the case of a
negative decision on the act of confirmation of the previous permanent
residence, a written, legally documented respond shall be sent to the organ of
migration of the respective party.
6. Sending of
refugees and idps to the places of their permanent residence shall be carried
out upon their readiness. In addition, the respective organ of migration shall
send an official notification to the recipient party in advance.
7. For the
voluntarily returned refugees and idps, the recipient party in close
cooperation with the un shall provide for:
- receipt and
delivery to places off their previous permanent residence;
- safety of return
and residence;
- all civil,
political, social-economic and cultural rights;
- support in
adaptation and reintegration on the places of previous residence, including
possible postponement from military service.
8. For the purpose
of maintaining unity of families, spouses and/or children of refugees and idps
to be returned who are not citizens of the recipient country, are permitted to
enter and stay in the regions of return.
9. Voluntarily
returned refugees and idps shall be exempt from ordinary migration, customs and
other formalities that are characteristic to the entry points and highways, as
well as all other duties and taxes payable on transportation facilities.
Personal and public property of refugees and idps, that they carry with them,
including domestic cattle, shall not be taxed by customs duties and taxes.
10. All rights and
privileges of refugees and idps to the places of their permanent residence
shall apply to those who chose for themselves a new place of residence.
11. Coordination of
efforts of the parties on implementation of the procedure shall be carried out
by a standing organ that consists of representatives of the parties, and
authorized by the JCC to carry out respective functions.
On behalf of the
Russian Side
On behalf of the
Georgian Side
On behalf of the
South ossetian Side
On behalf of the
North ossetian Side
In the presence of:
The OSCE
(Archive of the Staff of the State Minister of