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.

February 13, 1997, Vladikavkaz

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 Mission and the UN

(Archive of the Staff of the State Minister of Georgia for Conflict Resolution Issues/in Russian)

 



[1] The concept of IDP includes the concept of a “forced migrant” for the respective party.