Text of the agreement between Sudan and the UN on the voluntary return of Darfur displaced

Text of Memorandum of Understanding on Darfur between the Government of the Republic of the Sudan and the International Organization for Migration

KHARTOUM, Aug 21, Aug 2004 (SUNA) — Following the Sudan News Agency publishes text of the memorandum of understanding on Darfur signed here Saturday between the Government of the Republic of the Sudan and the International Organization for Migration:-

“In order to oversee and assist in the voluntary return of displaced persons in accordance with the 5 Aug. 2004 Darfur Plan of Action agreed between the Foreign Minister of the Republic of the Sudan and the Speical Representative of the UN Secretary General,

Recalling ” the agreement between the Government of the Republic of the Sudan and the United Nations, concluded on 3 July 2004; ” the decision adopted by the summit of the African Union (AU) on 8 July 2004 and the valuable efforts of the AU concerning Darfur, as well as the initiative to establish a forum for negotiation for the parties concerned; ” the cease-fire agreement reached under the auspices of the Republic of Chad; and ” the cooperation agreement between the Government of the Republic of the Sudan and the International Organization for Migration (IOM) dated 13 October 1998,

Noting the serious concerns expressed by the international community over the security and humanitarian conditions in Darfur, and the objective to create conditions for the restoration of peace, security, stability and development in Darfur,

Welcoming the measures taken so far by the Government of the Republic of the Sudan in increasing access to humanitarian assistance to alleviate the suffering of the people.

Recognizing the role of the United Nations RC/HC in coordinating the efforts of the United Nations and its partners to the humanitarian crises in Darfur, and welcoming its support with respect to mobilizing financial and logistical resources necessary for the implementation of the present Memorandum of the Understanding, and Acknowledging the cooperation of the international community in response to the urgent humanitarian needs of the affected population. Therefore

1. The government of the Republic of the Sudan and the International Organization for Migration:

1.1 Reiterate the importance of urgently reaching a durable and peaceful solution to the situation prevailing in the Darfur region of the Sudan,

1.2 Acknowledge the need of ending impunity and securing human rights protection in Darfur,

1.3 Recognize the importance of adhering to international humanitarian law and international human rights law in all activities related to the implementation of this memorandum of understanding.

1.4 Call upon the international community to extend full logistical and humanitarian support to the peace process,

1.5 Agree to the establishment of a Management and Coordination Mechanism (MCM) on the voluntary return of internally displaced persons in Darfur. The MCM shall be initially composed of representatives of the Sudanese Government, IOM and the Office of the UN Resident Coordinator/Humanitarian Coordinator, and shall be convened by the second week of September 2004, and

1.6 Coordinate and agree, within the context of the MCM , upon standard operating procedures and criteria required for the implementation of this memorandum of understanding.

These shall be harmonized, as appropriate, with policies and practices concerning the voluntary repatriation of refugees to the Sudan

2. In order to pursue these common goals, the Government of the Republic of Sudan:

2.1 Confirms its policy of no involuntary return and that the primary responsibility for displaced persons in Sudan is that of the Government of the Republic of the Sudan,

2.2 Commits itself to spare no efforts in establishing the necessary security and humanitarian conditions for the phased return to their homes or elsewhere of all displaced persons in the most safe, dignified and efficient manner,

2.3 Agrees to grant to IOM and programme implementing partners full access to internally displaced persons and to the communities to which they are returning in accordance with the provision of the Joint Communique of 3 July 2004,

2.4 Agrees to provide to IOM adequate advance notice of any internally displaced persons who have indicated to the Government of the Sudan willingness to return to their area of origin and to facilitate IOM’s direct assessment and verification of the voluntariness and appropriateness of such returns.

2.5 Agrees to accept IOM determination on the voluntariness and appropriateness of returns, before returns take place,

2.6 Undertakes to protect the security of IOM staff and of the internally displaced persons, and

2.7 Appoints the Humanitarian Aid Commission (HAC) of the Ministry of Humanitarian Affairs as the government’s counterpart to IOM for the implementation of this memorandum of understanding.

3 For its part, the International Organization for Migration undertakes, subject to the available of adequate resources, to:

3.1 Determine voluntariness and appropriateness of the return of the internally displaced persons to their area of origin in accordance with international humanitarian law, international human rights law and international principles which identify the rights and guarantees relevant to the protection of displaced persons in all phases of displacement, return or resettlement and reintegration,

3.2 Oversee and assist in the voluntary return of internally displaced persons to their homes. 3.3 Bring support to the communities affected by displacement and facilitate the conditions conducive to return,

3.4 Contribute to the reintegration of displaced families,

3.5 Carry out other activities that shall be considered appropriate in restoring peace and normal living conditions in the region,

3.6 Make full reports of the activities of the MCM to be signed by the representatives of the Government of the Sudan, the International Organisation for Migration and the United Nations, available to the Government of the Republic of the Sudan and the international community, including parties to the Joint Implementation Mechanism, and

3.7 Stand ready to provide assistance through disarmament, demobilization and reintegration (DDR) programmes.”

For the Government of the Republic of the Sudan Minister for Foreign Affairs Dr. Mustafa Osman Ismail

For the International Organization for Migration Brunson McKinlay Director General For the United Nations

Manuel Aranda da Silva Deputy Special Representative Of the Secretary General UN Resident Coordinator and Humanitarian Coordinator for the Sudan.