QUADRIPARTITE
AGREEMENT on voluntary
return of refugees and displaced persons
The Abkhaz and Georgian sides, hereinafter referred to as the Parties,
the Russian Federation and the United Nations High Commissioner for Refugees,
Recalling Security Council resolutions 849 (1993) of 9 July 1993, 854 (1993) of
6 August 1993, 858 (1993) of 24 August 1993, 876 (1993) of 19 October 1993, 881
(1993) of 4 November 1993, 892 (1993) of 22 December 1993, 896 (1994) of 31
January 1994, 901 (1994) of 4 March 1994 and 906 (1994) of 25 March 1994,
Recognizing that the right of all citizens to live in and to return to
their country of origin is enshrined in the Universal Declaration of Human
Rights and the International Covenant on Civil and Political Rights,
Noting conclusions 18 (XXXI) and 40 (XXXVI) of the Executive Committee
of the Programme of the Office of the United Nations High Commissioner for
Refugees, which constitutes internationally agreed principles governing the
repatriation of refugees,
Acting in accordance with the Memorandum of Understanding signed by the
Parties on 1 December 1993 and especially paragraph 4, under which Parties
expressed their willingness to create conditions for the voluntary, safe and
dignified return of displaced persons to their permanent places of residence in
all regions of Abkhazia,
Recalling that resolution 428 (V) of 14 December 1950, by which the
General Assembly of the United Nations adopted the statute of the Office of the
United Nations High Commissioner for Refugees, ascribes to the High
Commissioner the function of providing international protection to refugees and
of seeking permanent resolution for the problems of refugees by promoting and
facilitating their voluntary return,
Given the responsibility entrusted to the United Nations High
Commissioner for Refugees to act, under the Secretary-General’s authority, as
the international lead agency for the repatriation of displaced persons to
Abkhazia,Noting the desire of the Parties to cooperate with each other to
achieve full observance of the principles and safeguards governing voluntary
repatriation,
Considering the need, therefore, to establish a framework to define
modalities of such cooperation for implementation of the repatriation,
Noting that the Parties agree that a repatriation
operation to Abkhazia will imply, prior to its implementation, that the
security and living conditions in the areas of return are guaranteed. Have agreed on the following:
1. The Parties agree to cooperate and to interact in planning and
conducting the activities to safeguard and guarantee the safe, secure and
dignified return of people who have fled from areas of the conflict zone to the
areas of their previous permanent residence.
2. For the purpose of the present agreement, the Parties will guarantee
the safety of refugees and displaced persons in the course of the voluntary
repatriation and rehabilitation operations to be organized.
a) Displaced persons/refugees have the right to return voluntarily to
their places of origin or residence irrespective of their ethnic, social or
political affiliation under conditions of complete safety, freedom and dignity;
b) The voluntary character of the repatriation shall be ascertained and
respected through appropriate arrangements;
c) Displaced persons/refugees shall have the right to return peacefully
without risk of arrest, detention, imprisonment or legal criminal proceedings.
Such immunity shall not apply to persons where there are serious evidence they have
committed:
- war crimes and crimes against humanity as it
is determined in international documents; or
- heavy crimes; or
-
have previously taken part
in the hostilities and are currently serving in armed formations,
preparing to conduct military
operations in Abkhazia.
Persons falling into these categories should be informed through
appropriate channels of the
possible consequences they may face
upon return;
d) The Parties shall ensure that returnees, upon return, will enjoy
freedom of movement and
establishment including the right to
return to the areas where they lived prior to leaving the conflict zone or to
the area of their choice;
e) The Parties shall ensure that refugees and displaced persons, upon return,
will get their expired
documents (propiska, passport)
extended and validated for their previous place of residence or the elected
place of return;
f) The Parties shall ensure that repatriants, upon return, will be
protected from harassment,
including unauthorized charges or
fees and threat to life or property;
g) Returnees shall, upon return, get back movable and immovable
properties they left behind and
should be helped to do so, or to receive whenever
possible an appropriate compensation for their lost properties if return of
property appears not feasible.
The Commission mentioned in paragraph 5 below will establish a mechanism
for such claims. Such
compensation should be worked out in the
framework of the reconstruction/rehabilitation programmes to be established
with a financial assistance through the United Nations Voluntary Fund;
h) Displaced persons/refugees who choose not to return to Abkhazia shall
continue to be assisted
and protected until acceptable alternative
solutions are found for such cases;
i) In accordance with the fundamental principle of preserving family
unity, where it is not possible
for families to repatriate as units, a mechanism
shall be established for their reunification in Abkhazia. Measures shall also
be taken for the identification and extra care/assistance for unaccompanied
minors and other vulnerable persons during the repatriation process;
j) The Parties agree that refugees and displaced persons will be
guaranteed unimpeded access to all
available information on the situation
in the areas where repatriation will take place. Such an information should be provided in
the framework of a campaing to be launched by the Commission as mentioned in
paragraph 9 (b) below
4. For the purpose of the implementation of voluntary return of
displaced persons and refugees to
Abkhazia,
a quadripartite Commission is hereby established.
5. The principle tasks of the Commission shall be to formulate, discuss
and approve plans to
implement programmes for the safe,
orderly and voluntary repatriation of the refugees and displaced persons to
Abkhazia from
In order to create the conditions for the return of refugees and
displaced persons, the Commission
will establish a working group of experts to
undertake an assessment of the level of damage to the economic and social
infrastructure in Abkhazia, the availability of housing and the extent of
damage to houses in the areas of return as well as the projected needs in
rehabilitation/reconstruction, with financial implications. This survey should
be undertaken region by region according to the plan of return to be worked out
and accepted by the Parties, bearing in mind that the Parties have agreed to
start the repatriation operation with the Gal[i] region.
6. The Commission shall be composed of four members, one being designated
by each of the Parties and two representing the
In addition, the Conference on Security and Cooperation in Europe (CSCE)
will designate a representative to attend the Commission’s meetings in an
observer capacity. If circumstances do not allow the designated CSCE
representative to attend such meetings, the Commission will keep the CSCE
mission in
7. Any member of the Commission may, when attending any meeting of the
Commission, be
accompanied by such advisers as the
Party designating that member may deem necessary. Where a member of the
Commission is unable to attend any meeting of the Commission, the Party
concerned may designate a substitute.
8. The Commission shall meet as often as required, but no less
frequently than once every month.
Meetings
of the Commission may be convened at the request of any of the members and
shall be held on the territory of the
The first meeting of the Commission shall be scheduled as soon as
possible and no later than one
week after the adoption by the Security Council of
a resolution on a mechanism ensuring the security conditions in the
areas of return.
9. During its first meeting, the commission will set out the medalities
of the assessment mentioned
in paragraph 5 above and will establish a plan
concerning:
a)
The areas where repatriation
will be primarily conducted according to the level of guaranteed
security and preparedness;
b) The implementation of an information campaign amang the displaced
person/refugee
population
encourage voluntary return;
b) The registration process of persons expressing their
willingness to return;
d) The activities needed to safeguard the safety or returnees
based on the principles set out in
paragraph 3 (a-j);
e) The needs for financial, transport and basic material
assistance to displaced persons/refugees as
well as projected needs for rehabilitation/reconstruction of
the areas of return as mentioned in paragraph 5 above.
10. The Parties agree that representatives of refugees and
displaced persons shall be provided with
facilities to visit the areas of return and to see for
themselves arrangements made for their return.
of this Agreement, where such disagreement cannot amicably be
settled among the members of the Commission, the Commission shall refer such
disagreements to the Parties and to the
The Parties, the
agreed:
a) UNHCR shall have direct and unhindered access to all
displaced persons/refugees from Abkhazia
in order to undertake activities essential to the discharge
of its mandate and operational monitoring responsibilities;
b) Travel shall be facilitated between and within all areas
where refugees and displaced persons are
located and areas of return for the personnel of the United
Nations and other relevant international and non-governmental agencies
cooperating with the United Nations in repatriation, reintegration and
rehabilitation programmes. It shall include the free use of airspace and
authorized airstrips and airports for relief flights and the exemption from
taxes and duties of all goods imported for use in the voluntary repatriation
programmes of displaced persons/refugees from Abkhazia and for the provision of
relief integration and rehabilitation assistance to the Abkhazian region by the
United Nations and cooperating agencies, as well as the expeditious clearance
and handling of such goods;
c) The
territory for the purposes of the present Agreement;
c) UNHCR shall establish local offices, as deemed
appropriate, at locations to be approved by the
Parties concerned, to facilitate voluntary
repatriation, reintegration and rehabilitation;
e) The security of the staff and property of the United
Nations and the cooperating agencies shall be
guaranteed;
f) The allocation and continued use by the Parties, the
United Nations and the cooperating agencies
of particularly designated radio frequencies for radio
communications between their offices, vehicles, and staff, in areas where
refugees and displaced persons are located and in areas of return, shall be
provided.
This agreement shall enter into force with immediate effect
and shall remain in force for the period
required for the effective voluntary return of the displaced
persons/refugees.
In witness whereof, the authorized representatives
of the Abkhaz and Georgian sides, the Russian Federation and the United Nations
High Commissioner for Refugees, have signed the present agreement.
Done at Moscow, 4 April
For the Georgian side: A. Kavsadze
For the Abkhaz side: S. Dzhindzholia
For the
For the United Nations High Commissioner for
Refugees: J. Amunategul
(www.un.org/docs)