Informed Migration

INFORMED MIGRATION

REFERENCE GUIDE FOR MIGRATION PRACTITIONERS

AZERBAIJAN

This guide is prepared in co-operation with the Ministry of Foreign Affairs of the Republic of Azerbaijan through funding of the Organisation for Security and Cooperation Europe.

Published September 2004 by:

IOM Azerbaijan 43a. Böyük Qala • Baku • Azerbaijan Tel: +(994 12) 497 04 32, +(994 12) 497 43 12 Fax: +(994 12) 492 49 14 E-mail: [email protected] Internet: www.iom.int

All rights reserved. No part of this publication may be reproduced, stored in a retrieved system or transmitted in any form by any means electronic, mechanical, photocopying, recording or otherwise without prior written permission of the publisher.

ACKNOWLEDGEMENT

Without the assistance and contributions of our partners it would have been impossible, to prepare this guide book for practitioners and those interested in the field of migration practice in Azerbaijan.

IOM Azerbaijan would therefore like to express its gratitude to:

Ministry of Foreign Affairs, Department of Human rights, Democratisation and Humanitarian Problems Unified Migration Management Commission (UMMC) Organisation for Security and Co-operation in Europe (OSCE) United Nations High Commissioner for Refugees (UNHCR) Norwegian Refugee Council (NRC) Centre for Legal Assistance to Migrants (CLAM)

IOM is committed to the principle that humane and orderly migration benefits both migrants and society. As an intergovernmental body, IOM acts with its partners in the international community to:

• advance understanding of migration issues; • encourage social and economic development through migration; • work towards effective respect of the human dignity and well-being of migrants. INDEX

INDEX

Preface 1 Editorial note 3

1. Main principles of national migration policy 4 1.1 Preface 4 1.2 Azerbaijan migration policy 4 1.3 Legal basis 5

2. Admission 7 2.1 Preface 7 2.2 Admission procedure and requirements 7 2.2.1 Refugees seeking asylum 8 2.3 Countries whose nationals are subject to visa for border 8 crossing 2.3.1 Facilitated border crossing rules 9 2.3.2 Visa free regime due to bilateral or multilateral agreements 9 2.4 Visa 10 2.4.1 Entry visa 11 2.4.2 Return visa 11 2.4.3 Transit visa 11 2.4.4 Exit visa 12 2.4.5 Labour visa 12 2.4.6 Students entry and exit 12 2.5 Extension of visa 13 2.6 Transit migration 13

3. Residence 14 3.1 Preface 14 3.2 Registration of foreigners upon arrival in Azerbaijan 14 3.2.1 Temporary stay 14 3.2.2 Long term residence 15 3.3 Documents allowing for a long term residence 15 3.4 Renewal, repeal and conversion 17

4. Integration 19 4.1 Preface 19 4.2 General principles 19 4.2.1 Integration of refugees 20 4.3 Housing 21 4.4 Employment 22 4.5 Health services 22 4.6 Social Services available during residence 22 4.7 Education 23 4.7.1 Schooling system 23 INDEX

4.7.2 Procedures, timing and documents required for enrolment 24 4.7.3 Schooling facilities and adults 24 4.7.4 Recognition of diplomas 24 4.8 Vocational training 25 4.9 Civil and political participation 25 4.10 Discrimination 25

5. Citizenship 26 5.1 Preface 26 5.2 Citizenship acquisition 26 5.3 Renouncing the original citizenship 28 5.4 Loss of the citizenship 28 5.5 Re-acquisition of citizenship 28 5.6 Procedure in case of refusal or (re-)acquisition of citizenship 29 5.7 Statelessness 30

6. Exit 32 6.1 Preface 32 6.2 Exit Azerbaijan 32 6.3 Expulsion 33 6.3.1 Re-entry possibilities 34 6.4 Right to counsel 34 6.5 Assisted voluntary return programmes 35 6.6 Readmission 35

7. Internal Displacement 37 7.1 Preface 37 7.2 Internal Displacement in Azerbaijan 37 7.3 Overview of national legislation 38 7.3.1 Status and registration of displaced persons 39 7.3.2 Provisions for displaced persons 39 7.4 Appeal to court 42 7.5 Normative basis on status IDPs 42

8. Asylum 44 8.1 Preface 45 8.2 Procedures and requirements for asylum application 45 8.3 Decisions regarding application 46 8.4 Assistance granted before the acceptance of asylum 47 application 8.5 Acceptance of asylum application 47 8.6 Denial of asylum application and relevant consequences 47 8.7 The refugee status determination department 48

9. Combating trafficking and smuggling 49 9.1 Preface 49 9.2 Trafficking 50 9.2.1 Legal framework 51 INDEX

9.2.2 Protection, repatriation and reintegration of victims of 52 trafficking 9.3 Smuggling 53

Annexes 1 The State Migration Management Policy Concept of the 54 Republic of Azerbaijan 2. Abbreviations 61 3. Reference Institutions 62 4. Diplomatic Missions of Azerbaijan 64 5. Application Forms: 65 a. Facilitated Border Crossing 66 b. Visa issuance 67 c. Temporary stay 68 d. Issuance of identity card to persons without citizenship under 69 16 e. Issuance of identity card to persons without citizenship over 70 16 f. Issuance of identity card to persons without citizenship to 71 travel abroad g. Issuance of identity card on the foreign resident registration 72 h. Citizenship acquisition 73 6. Glossary of migration terminology 74 PREFACE

PREFACE

As a result of globalization and the intensification of relations and cooperation worldwide, migration related issues are becoming increasingly important.

Effective management of migration process is an important condition in prevention of its negative consequences. Possible link between irregular migration, organized crime and terrorism can be a real threat for security of all states. Migration is a relatively new phenomenon for post-Soviet countries , including Azerbaijan, only newly restored its independence. Taking this into consideration, in order to effectively manage migration, it is very important to apply relevant practices of developed countries with greater experience as well as international organizations. .

In this regard, the Government of Azerbaijan attaches great importance to joint international cooperation in furthering the orderly and humane management of migration. Since 1997, a number of projects have been implemented in our country as a result of fruitful co-operation between the Republic of Azerbaijan and the International Organization for Migration (IOM). One of these projects is Informed Migration Guide compiled by IOM for use by a diverse and wide audience.

We strongly believe that information included in this Guide will be used as a reference tool by people dealing with migration related issues and promote understanding of migration among a wider audience. This Guide will assist in confronting current challenges and fostering the application of relevant methods of migration management.

In conclusion, we would like to express our respect for the International Organization for Migration for its contribution in the preparation of Informed Migration Guide as well as our assurances for continued cooperation in this direction.

Mahmud Mammad-Guliyev Deputy Minister of Foreign Affairs

PREFACE

This Informed Migration Guide has been compiled on the request of the government by IOM to serve as a central source where overall migration information is easily accessible for government officials, migration practitioners, academics, students, IGOs, NGOs and foreigners. This guide will no doubt contribute to the implementation of above mentioned decrees and development of humane and orderly management of migration in Azerbaijan.

Two important decrees have been issued in Azerbaijan in 2004, which largely will contribute to orderly and humane management of migration beneficial to the country and its migrants. The decree on the National Plan of Action to combat trafficking in persons and the decree on a Unified Migration Management Policy are guiding this objective from a government’s responsibility to protect the rights of migrants and nationals, as well as the States’ rights and obligation to protect borders, to confer nationality, to admit and expel foreigners, and to safeguard national security. These new instruments are designed from parameters set by international principles, standards and norms on migration. However, there is no central point – a unified migration law, where all national regulations come together.

Discrepancies and scattering of migration regulating norms in Azerbaijan contribute to confusion on migrants’ rights and obligations, as it also allows for inappropriate application by officials. Moreover, there is sometimes uncertainty about the exact content or intent of these instruments and lack of knowledge as to the status in conjunction with the international principles. A further related issue is the still insufficient dissemination of information about migrants’ rights and duties at all levels in the national administration to be applied by migration officials.

As much as migration refers to an actual movement of a person, the subject is dynamic and will continue to change in responses and directions. It applies to a national level, where Azerbaijan now is much considered as a country of origin in migration, but that has a potential to grow into a destination country. Such changing perspective requires a flexible set of administrative measures. The principal of this guide is to serve as reference tool, systemising the core of existing regulations against an international best practice.

Joost van der Aalst

Chief of Mission IOM Azerbaijan

PREFACE

Editorial note

Each chapter of this manual begins with an introduction detailing best international practices; these best practices and international standards will help to identify needed areas of improvement. To render the guide a user-friendly information tool, the following three symbols were inserted:

In-depth information

Documents needed

Requirements and Procedures

PRINCIPLES

1. MAIN PRINCIPLES OF NATIONAL MIGRATION POLICY

1.1 PREFACE

The issue of migration management is becoming increasingly important because of the ever-growing number of people migrating either as a voluntary choice or as result of forced movement. Effective management of migration has further gained an importance because of the widening recognition of the important domestic and international security issues that are closely linked to migration. Contemporary debates on migration management are complicated by the contradictory trends that characterise modern migration of people. On the one hand, there is a much increased tendency to prevent and curtail forced and irregular migration, while on the other, globalisation and other social and economic trends promote an expanding interest in “facilitating” migratory flows, for the benefit of both migrants and concerned countries. To successfully balance these competing tendencies, bilateral and multilateral cooperation mechanisms, among origin, transit and destination countries are required. These bilateral and multilateral mechanisms must take into account broader cultural issues and migrants’ aspirations and integration needs. The first step towards this goal is the development of national migration policies though identification of countries’ objectives and priorities, as well as control and protection mechanisms to ensure regular migration.

1.2 AZERBAIJAN MIGRATION POLICY

Since independence, the Republic of Azerbaijan has faced significant migration challenges. Not only the concern of the internal displacement of a large part of population due to the armed conflict with Armenia asks for an appropriate solution, but also the growing number of people crossing the Azeri borders in and out.

A starting point for Azerbaijan's migration policy was the CIS Conference organized in 1996 by UNHCR, IOM and the Office for Democratic Institutions and Human Rights (ODIHR) of the OSCE. This regional Conference helped to address the problems of refugees, displaced persons, other forms of involuntary displacement and returnees in the Countries of the Commonwealth of Independent States (CIS) and relevant neighbouring states. The main objectives of this CIS Conference were to provide a forum in which CIS states could exchange ideas and information concerning migration challenges; review the types of migration movements and to establish categories of concern; and devise an integrative strategy by establishing a Plan of Action for the region. The CIS conference played a vital role in bringing the migration issue to the agenda of newly independent countries.

Established in 1998, the Special Governmental Commission on Unified Migration Management has developed a State Migration Policy Concept to address migration related concerns. This concept was endorsed on 14 July 2004, by the Cabinet of Ministers and now serves as a framework for the implementation programme which is currently in preparation by the same Commission. 4

PRINCIPLES

According to the Policy Concept the main principles of this programme will be:

• Protection of migrants rights and freedoms, while observing international legal norms and principles; • Provision of state security and protection of national interests of Azerbaijan; • Protection of migrants rights as well as protection from stigmatisation, xenophobia, discrimination, trafficking in human beings, especially in women and children; • Addressing migrants’ concerns in an appropriate manner, irrespective their background; • Protection of the rights of asylum seekers; • Provision of financial and legal assistance to refugee status claimants and asylum seekers by international organizations and government, creation conditions for the migrants self-reliance and arrangement of their volunteer return to home or 3rd countries; • Provision of state assistance to forced migrants, and the creation conditions for self- reliance and encouragement of their voluntary return to places of permanent residence; • Consideration of social and economic development of the country while managing of migration especially labour migration; • Consideration of intergovernmental and international cooperation on human rights and freedoms protection as well as newly revised European Social Chart requirements as an essential factors in migration management.

The full policy concept is presented in annex 1. 1.3 LEGAL BASIS

The main migration-related Laws and Regulations of the Republic of Azerbaijan are: 1. Constitution of the Republic of Azerbaijan, 12 November 1995. 2. Law on State Borders, 9 December 1991. 3. Law on Border Troops, 6 January 1994. 4. Law on Exit, Entry and Passports, 14 June 1994. 5. Law on Identity Card of Azerbaijani Nationals, 14 June 1994. 6. Regulations on Application of the Law on Exit, Entry and Passports, 19 November 1994. 7. Regulations on Application of the Law on Identity Cards of Azerbaijani Nationals, 29 November 1994. 8. Law on Legal Status of Aliens and Stateless Persons, 13 March 1996. 9. Law on Registration at Place of Residence and Sojourn, 4 April 1996. 10. The Regulations on Special Documents for Stateless Persons and Aliens Residing Permanently in Azerbaijan, 30 December 1997. 11. Law on Immigration, 22 December 1998. 12. Law on Citizenship, 30 September 1998. 13. Law on Social Protection of Forcibly Displaced Persons and Persons Comparable to Them, 21 May 1999. 14. Law on Status of Refugees and IDPs, 21 May 1999. 15. Law on Tourism, 4 June 1999. 16. Law on Labour Migration, 28 October 1999.

PRINCIPLES

17. Law on Approval of the Regulation on Application of the Law on Registration at the Place of Residence and Sojourn, 8 December 1999. 18. Rules to Examine Applications for Refugee Status, 13 November 2000. 19. Regulations on Sending of Citizens of Azerbaijan for Education Abroad and Education of Foreigners in Educational Institutions in Azerbaijan, 6 March 2001. 20. Law on State Fee, 4 December 2001. 21. Regulations on State Border Service of the Republic of Azerbaijan, 12 December 2002.

ADMISSION

2. ADMISSION

2.1 PREFACE

International law recognises the state’s primary authority over its territory and population and sets out the basic rules regarding the regulation of movement of persons across borders. International law thus envisages the state’s exclusive authority over entry into and exit from its territory.

In addition to the recognition of State’s authority over entry and exit, the Universal Declaration of Human Rights safeguards an individual’s rights ‘to leave any country, including his own, and to return to his country’. Citizens are therefore entitled to leave and be readmitted to their country of nationality.

In the admission process states use their authority to establish procedural and documentary requirements for the entry of non-citizens in accordance with its national legislation and policy, as well as with the requirements of international law. States have full authority and broad discretion in the differentiation of admissible and inadmissible persons; for instance, many states commonly deny admission to those persons who might carry infectious diseases, pose a threat to national security, or who are suspected of involvement in criminal activity.

2.2 ADMISSION PROCEDURE AND REQUIREMENTS

The general conditions for admission of foreigners or stateless persons to the Republic of Azerbaijan (non-citizens are defined in the law as ‘foreigners or stateless persons’, hereafter the term ‘foreigners’ will be used) are as follows1:

1) Foreigners must seek entry through official border crossing points2; 2) Foreigners must be in possession of a valid passport or other equivalent travel document, such as a laissez-passer, EU letter, etc; 3) Foreigners must be in possession of an entry (or transit) visa or permit issued in conformity with international treaties.

In addition, the Law on “Exit, Entry and Passports” prohibits foreigners from entering the territory of the Republic of Azerbaijan if they:

• pose risks for national security or public peace; • threaten the protection of the rights and interests of citizens of the Republic of Azerbaijan; • gave false information about himself/herself in the application to enter the Republic of Azerbaijan;

1 Article 12, Law of the Republic of Azerbaijan on “Exit, Entry and Passports,” 14 June 1994. 2 Ibid.; this Law provides that foreigners and persons without citizenship may enter and exit Republic of Azerbaijan through special control points under passports and official permit (visa). 7

ADMISSION

• have violated laws of the Republic of Azerbaijan during a previous stay in the country; • have provided false personal information; • suffer from a mental illness or infectious disease that may endanger the health of Azerbaijan’s population.

All foreigners entering the Republic of Azerbaijan must be registered at the border checkpoint.3 For this registration the foreigner must present his/her visa, passport and completed registration form issued at the border checkpoint and filled in by the foreigner. When leaving the country the foreigner must return the registration form to the authorities (thus facilitating the records keeping process). This helps to identify persons who overstayed their visa and persons who attempt to leave the country under somebody else’s name. However in practice it is not required to fill in the registration form, as people crossing the state borders of the Republic of Azerbaijan are automatically registered in the information investigation system of SBS.

2.2.1 REFUGEES SEEKING ASYLUM

People arriving at the border and applying for refugee status will be treated under the provisions of the law on refugees.4 According to this law, individuals who enter Azerbaijan illegally and immediately apply to relevant responsible agency will be exempted from prosecution (which is stated in legislation of the country based on grounded of this executive body.

A person who does not have appropriate identification documents or grounds for legal entry into the territory of the Republic of Azerbaijan and intends to seek refugee status shall follow the procedures of identification and, if needed of dactyloscopy administered by the Ministry of Internal Affairs. These procedures shall be undertaken in accordance with international legal norms. A person seeking refugee status shall be placed and shall remain in a temporary settlement centre until the information provided by such person is verified. The Ministry of Foreign Affairs of the Republic of Azerbaijan, as well as the Department on Refugees Status Determination (RSD) of the State Committee on Refugees and IDPs shall be immediately informed about such persons.

For more information, see Chapter 9 on the asylum application procedure.

2.3 COUNTRIES WHOSE NATIONALS ARE SUBJECT TO VISA FOR BORDER CROSSING

The entry visa requirement for foreigners generally applies to citizens of all countries. A few exceptions are made in the cases of the facilitated border crossing rules with the Islamic Republic of Iran and Republic of Turkey (see paragraph 2.3.1, Facilitated Border Crossing Rules), or pursuant to bilateral and multilateral agreements (see paragraph 2.3.2, Visa-free Regimes due to Bilateral or Multilateral Agreements).

3 Article 17 of the Regulation on “Application of the Law on Registration at Place of Residence and Sojourn”, 8 December 1999. 4 Law of the Republic of Azerbaijan on “Status of refugees and IDPs”, 21 May 1999. 8

ADMISSION

2.3.1 FACILITATED BORDER CROSSING RULES

In 1992, the Cabinet of Ministers endorsed the Facilitated Border Crossing Rules between the Republic of Azerbaijan and the Islamic Republic of Iran. Citizens from both countries, residing within the territory of correspondingly 45 km distance from the border between them (that is, both Azeri and Iranian nationals), may enter or exit the territory of the neighbouring country from a distance of 45 km distance from the border without a visa. Thus, for instance, an Iranian national may cross the border with Azerbaijan and travel visa-free within 45 km from the border.

Instead of a visa, one need only to obtain a form (see annex 5.a) from the local police department in the home country. This form, in combination with a valid passport, is sufficient to cross the border. This privilege may only be exercised a maximum of 4 times per year.

The facilitated crossing rules also exist between Nakhichevan Autonomous Republic of Azerbaijan and Turkey (45 km visa free area, counted from the border both in Turkey and Azerbaijan). According to these rules, the foreign national need only be in possession of a valid passport; no additional forms or travel documents are necessary to cross the border.

2.3.2 VISA FREE REGIME DUE TO BILATERAL OR MULTILATERAL AGREEMENTS

The Republic of Azerbaijan established a visa free regime with most countries of the Commonwealth of Independent States (CIS)5 (except Turkmenistan and Armenia) pursuant to bilateral agreements6. Citizens of these CIS countries are therefore not required to obtain a visa to enter Azerbaijan territory.

The table below indicates the types of agreements concluded by the Republic of Azerbaijan with selected countries:

Countries With respect to the Duration of Stay following types of Passports Islamic Republic of Iran Diplomatic and service Up to 21 days Drivers with ordinary passport Up to 15 days Republic of Turkey Diplomatic and service Up to 3 months

5 Commonwealth of Independent States (CIS): the Russian Federation, Ukraine, Byelorussia, Kazakhstan, Turkmenistan, Uzbekistan, Tajikistan, Kyrgyzstan, Azerbaijan, Armenia, Georgia, and Moldova. 6 Law of the Republic of Azerbaijan on “approval of the Agreement between the Government of the Republic of Azerbaijan and the Government of the Republic of Kazakhstan on Visa Waiver Entry / Exit of the States’ Citizens,” 26 June 1997; Law of the Republic of Azerbaijan on “Approval of the Agreement between the Government of the Republic of Azerbaijan and the Government of the Georgia On Visa Waiver Entry/Exit of the Citizens.,” 5 March 1993; Law of the Republic of Azerbaijan on “approval of the Agreement between the Government of the Republic of Azerbaijan and the Government of the Republic of Cabinet of Ministers of Ukraine on Visa Free Entry/Exit,” 2 July 2002.

ADMISSION

Islamic Republic of Pakistan Diplomatic and service Up to 1 month People’s Republic of China Diplomatic and service Unlimited Drivers with ordinary passports (w/service note only) CIS countries (except All types Unlimited Turkmenistan and Armenia) Republic of Turkmenistan Diplomatic and service Up to 1 month Republic of Hungary Diplomatic and service Unlimited Republic of Cuba All types Unlimited Vietnam All types Unlimited Laos All types Unlimited Mongolia All types Unlimited Yugoslavia All types Unlimited Slovakia Diplomatic and service Up to 90 days People’s Democratic Republic All types Unlimited of Korea Romania Diplomatic and service Unlimited Updated October 2004

2.4 VISA

Foreigners must obtain a visa if they want to enter the territory of The Republic of Azerbaijan (exceptions on this requirement are described in paragraph 2.3.1, Facilitated Border Crossing Rules and 2.3.2, Visa free regime due to bilateral or multilateral agreements). MFA is responsible for visa issuance through its diplomatic missions and consular offices. Azerbaijan currently has 39 diplomatic missions abroad (see annex 4 for list). Citizens from countries where an Azerbaijani diplomatic mission is located intending to visit the Republic of Azerbaijan should apply directly to those missions. Citizens of countries without a diplomatic mission may apply for a visa to the Azerbaijani embassy with regional responsibility or upon arrival with the Visa Section of MFA at the international airport of Baku. Individuals coming to Azerbaijan by land must always obtain a visa in the Azerbaijani consulates abroad.

In practice, foreigners arriving in Azerbaijan via the international airport in Baku can obtain a visa at the airport, regardless the existence of a diplomatic mission in the country of origin. Depending on the purpose of the visit, the foreigner may be issued an entry visa for a 7, 10 or 15-days. If the foreigner wishes to extend this visa, s/he should apply to MFA Consular Department (see paragraph 2.5, Extension of Visa). The airport visa services are not available for citizens of Iran, Pakistan, Iraq and Afghanistan; citizens of these countries must obtain a visa in advance in the country of origin.

2.4.1 ENTRY VISA

ADMISSION

Rights and responsibilities related: An entry visa can be issued for a single entry and stay or for multiple entries and stay in Azerbaijan. The period of validity of these visas is as follows:

- Single entry/exit: from 3 days to 90 days - Multiple entry/exit: up to one year.

Documents required for issuance: Application form (see annex 5.b), 2 photos (colour or black & white), invitation letter, giving the name of the inviting organisation (e.g., company, firm, organisation, corporation etc.), the purpose of invitation, and the expected duration of person’s stay and receipt for fee paid.

Fee: A single exit-entry visa for a month costs US $ 40 and a one-year multiple exit-entry visa costs US $ 250.7 For stays of 2 or more months, one can extend the visa. The Law on “Exit, Entry and Passports” address this situation in special provisions. (On the extension of visas, see 2.5 Extension of Visa). Due to a bilateral agreement with Turkey, the fee for a single entry visa is US $ 10 for Turkish citizens.

Responsible authority: Azerbaijani diplomatic missions in the country of residence, the nearest mission with regional function or the consular office at the international airport of Baku (see paragraph 2.4, Visa)

Persons entitled to a multiple entry visa for the Republic of Azerbaijan are: • foreigners and their family members arriving to work in diplomatic or other representative missions; • foreigners arriving for study and vocational training purposes; • other foreigners individually identified by MFA.

2.4.2 RETURN VISA

A foreigner who is in Azerbaijan on a single-entry visa may apply for a return visa, if s/he intends to return to Azerbaijan for a period of up to one month. Return visas are valid for six months from the date of issue. In practice this type of visa is not issued.

2.4.3 TRANSIT VISA

Rights and responsibilities related: A transit visa permits travel through Azerbaijan in order to reach another country. There are two types of transit visas: a single transit visa, which gives the right to cross the borders of Azerbaijan once when entering the country and once when leaving the country, and a multiple transit visa, which gives the right for more than one crossing. If a foreigner intends to stay in Azerbaijan for a period of no more than 30 days s/he needs to obtain a single or multiple transit visa before proceeding travel to the country of destination. In the event s/he does not make a stop over in Azerbaijan, s/he needs a special stamp or note on the visa indicating the non-stop transit. In case of absence of such a stamp or note the non-stop transit is restricted to a maximum of 5 days.

7 Article 16.1.7, Law of the Republic of Azerbaijan on “State Fee”, 04 December 2001.

ADMISSION

Documents required: Application form (see annex 5.b), and two (colour) photographs, passport or travel document, visa of the country of destination.

Fee: For a single transit visa US $ 20, for a multiple transit visa US $ 40.

Responsible authorities: The Consular Department of the Ministry of Foreign Affairs or Diplomatic Missions or Azerbaijan Consulates in the country of residence.

2.4.4 EXIT VISA

Rights and responsibilities related: An exit visa is issued to foreigners who have residence permits in the Republic of Azerbaijan. To remain in the Republic of Azerbaijan, foreigners must extend their visa until its expiry or otherwise must leave the country.

Documents required: Application form (see annex 5.b), 2 (colour) photos, passport, a letter from the workplace or employer (if s/he works) that certifies employment status in Azerbaijan, a copy of the certificate of marriage (if s/he is married).

Fee: An exit/entry visa for a month costs US $ 40.

Responsible authority: The Consular Department of the Ministry of Foreign Affairs.

2.4.5 LABOUR VISA

Rights and responsibilities: Foreigners employed by physical and legal entities must obtain a visa individually issued by MFA, granting them a work permit for Azerbaijan.8 A “physical entity” is an individual, while a “legal” (or juridical) entity is a company, organisation, firm, or corporation etc. In practice, due to an outdated visa system, labour visas are not issued.

Foreigners are allowed to work legally in the Republic of Azerbaijan by performing paid activities if they were granted an individual permission for this. For entering Azerbaijan foreigners must obtain an ordinary entry visa (see paragraph 2.4.1, Entry visa).

Responsible authority: MFA and diplomatic missions abroad.9 In practice, labour visas have yet to be issued.

2.4.6 STUDENTS ENTRY AND EXIT

Rights and responsibilities: Foreigners wishing to study in Azerbaijan’s (state/ private) high schools or secondary schools are issued a study visa by MFA Consular Department. Based on the contract students have with the university, paid education shall pay state fee for the visa issuance.

8 Article 8, Law of the Republic of Azerbaijan on “Labour Migration”, 28 October 1999. 9 Ibid. Part 2 of Article 8. 12

ADMISSION

Fee: In the case of a contract between a student and a private institute, the former must pay the fees for an entry visa.10 The amount shall be indicated in the document contract.

2.5 EXTENSION OF VISA

Foreigners must leave the country within 48 hours of the expiration of the visa period or extend their visa before it expires.11 To extend a visa, a foreigner must submit an application form and pay a fee at the Consular Department of MFA.

Fee: Fees depend upon the desired period of extension. US $ 10 for 24 hours, US $ 20 for 48 hours, US $ 30 for 72 hours, US $ 40 for 3 days up to 1 month, US $ 80 for 1 month up to 3 months.

In the event that the visa has expired and was not extended in time, the person shall contact the MFA and request an exit visa by paying a penalty of US $ 50 for each month overstayed.12 There is no possibility of renewing the visa after it has already expired. According to the Administrative Code, if a foreigner fails to extend his or her visa and remains in the country for more than 48 hours after the expiry of the visa, s/he will be subject to a fine ranging in amount from 20 C.F.U. (conventional financial units) to a maximum of 35 C.F.U. and may be administratively deported at the discretion of the Ministry of Internal Affairs.

2.6 TRANSIT MIGRATION

The legal basis for Transit Migration in Azerbaijan is found primarily in the following four instruments: Constitution of the Republic of Azerbaijan, 1995; Law on “Exit, Entry and Passports”, 1994; Law on “Registration on Place of Residence and Sojourn”, 1996 and the Law on “Extradition of Criminals”, 2001.

Foreigners and stateless persons enjoy the same rights and freedoms and have the same obligations as citizens of the Republic of Azerbaijan except when this would contradict international laws or international agreements to which Azerbaijan is a party.13 All legal residents on the territory of Azerbaijan have the right to freedom of movement, the right to choose their place of residence, and the right to leave the country.14 The Law on “Exit, Entry and Passports” sets forth the rules for entry, exit, return, and transit visas. It stipulates that foreigners may obtain visas for transiting the country from Embassies and Consulate Offices of the Republic of Azerbaijan in their home countries or from a representative of the Ministry of Foreign Affairs at the international airport in Baku.

10 Article 16.1.11, Law of the Republic of Azerbaijan on “State Fee”, 04 December 2001. 11 Point 29 of the Regulations on “Implementation of the Law of the Republic of Azerbaijan on Exit, Entry and Passports”, 29 November 1994. 12 In compliance with the Law of the Republic of Azerbaijan on “State Fee”, 04 December 2001. 13 Article 69, Constitution of the Republic of Azerbaijan, 12 November 1995. 14 Article 28, Part 3 Constitution of the Republic of Azerbaijan, 12 November 1995. 13

RESIDENCE

3. RESIDENCE

3.1 PREFACE

The monitoring of trends in society is one of the key instruments in the development of efficient, effective and justified government strategies and programmes. Therefore a careful registration of core indicators is of great importance for the future of any country. To gather reliable data and statistics on society both periodic research and a consistent monitoring and/or registration system are necessary, implemented by accurate and reliable organisations. The sensitive nature of (personal) data might be an explanation why most government entities register and research the population themselves.

One of the key indicators for adequate policies important to governments is the number of people present within the state borders and their juridical status. A valuable method, which can be used to monitor the amount of people, is by registering people entering and leaving the country. In addition to this system, people should be obliged to ‘inform’ the government about their residence, which should be realized through a national registration system. Based on this information, governments are capable to timely manage issues related to the in- and outflow of people.

3.2 REGISTRATION OF FOREIGNERS UPON ARRIVAL IN AZERBAIJAN

Upon arrival in Azerbaijan foreigners shall be registered by the local police departments of MIA.15 Different procedures exist depending upon the expected duration of visits exceeding 30 days.

3.2.1 TEMPORARY STAY

Tourist or visitors staying a maximum of 30 days will be required to complete an application form (see annex 5.c), and provide it to the manager or owner of the temporary place of stay. The manager or owner of the housing must submit this application form and the registration form or card, obtained at the border checkpoint, to the local branch office (police station) of MIA within 24 hours.16 In practice, the host submits only an application form. In the case of a foreigner staying in a private home, the family hosting him/her is responsible for registering the guest. Only the hotel owner, owner of housing etc. will be held administratively responsible (i.e., be fined), for failure to submit the obligatory application form completed by the foreigner.

Temporary place of stay may include hotels, sanatorium, resort houses, camping sites and tourist camps, hospitals and other public places or apartments belonging to the person or his/her relatives.

15 Article 1, Law of the Republic of Azerbaijan on “Registration at Place of Residence and Sojourn”, 4 April 1996. 16 Ibid. Articles 6, 11 and 12. 14

RESIDENCE

3.2.2 LONG TERM RESIDENCE

Foreigners intending to stay longer than 30 days in Azerbaijan and/or reside in the country must register at the nearest police station within 3 days upon arrival (excepting Sundays and official holidays). For this type of registration, foreigners must pay a state fee of US $ 10. The following documents must be presented to the authorities: 17

• his/her passport, or other documentation confirming his/her status as a foreigner; • an entry visa; • the documents authorising settlement at new place of residence (certificate on registration of property, order, lease or rental agreement or other documents identified by Azerbaijan legislation) or an application letter signed by the landlord. • 2nd part of the registration card issued at the border crossing; (as the registration card in practice is not issued, foreigners are not registered at place of residence and are therefore not required to submit this document).

Places of residence include houses (leased or rented), apartments, service accommodations, hostels, houses of elderly and handicapped people, and other likely premises, where people are residing permanently or for long periods of time.

After registration, foreigners are issued a registration card, allowing them to stay in the country. However, in practice, foreigners residing in the capital city receive this registration note, a document that replaces the registration card, from MIA BHPD (Baku Head Police Department). Foreigners residing in other Azerbaijan districts receive this registration from MIA PRD (Passport Registration Department).

Stateless persons permanently residing in Azerbaijan receive a special ID for which they are registered at their place of residence.

3.3 DOCUMENTS ALLOWING FOR A LONG TERM RESIDENCE

There are two types of documents, which permit foreigners to reside in Azerbaijan. The first type is a registration card. A registration card (or ‘certificate on registration of the foreigners’) is issued by the Passport Services Departments of MIA registering the foreigner. In accordance with Articles 5 and 6 of the Law of the Republic of Azerbaijan on “Registration at the Place of Residence and Sojourn” dated 4 April 1996 he MIA defines maximum duration of the residence permit (not exceeding expiration date of passport).

The second type is an Identification (ID) card that is issued to stateless persons.18

17 Law of the Republic of Azerbaijan on “Registration at Place of Residence and Sojourn”, 4 April 1996. 18 Samples of the documents of stateless persons and foreigners permanently residing in Azerbaijan are regulated by the Terms of Reference of the Law on of the Republic of Azerbaijan on “Special Documents for Stateless Persons and Aliens Residing Permanently in Azerbaijan’, 30 December 1997. 15

RESIDENCE

ID card for stateless persons

Stateless persons are issued an ID card and receive the right to stay in Azerbaijan as long as entitled by the Passport Services Departments of MIA. The local police authority is responsible for the issuance of the ID card for stateless persons. Required documents for the application are: passport, 2 photographs (coloured), official form and a fee, currently 27,500 manats.

Refugees are also issued an ID card, although this card is especially designed for refugees who temporary live in Azerbaijan. (See Chapter 9 for more information on asylum procedures).

Procedure for Stateless Persons’ ID cards

The identification (ID) card is the only legal document identifying a person without citizenship living permanently in the Republic of Azerbaijan. These ID cards are issued to stateless persons in conformity with the standards and conditions established by legislation.19

The following official types of identity cards are in circulation:

• Identity cards issued by the passport registration section (of local police department) to persons under the age of 16 without citizenship for the use within the Republic of Azerbaijan (without a photo of the person). • Identity cards issued by the passport registration section (of local police department) to persons over the age of 16 without citizenship for the use within the Republic of Azerbaijan (with a photo of the person). • Identity cards issued by the passport registration section (of local police department) to persons without citizenship for travel abroad.

According to the official regulations, identity cards for use within the Republic of Azerbaijan are issued to persons without citizenship within one month after the submission of a duly filled application form (see annex 5.d-5.f)20 by his/her legal representative.

The application form mentioned above must be signed by the stateless person (who has reached the age of 16) and by one of his parents or a legal representative when s/he is issued this identity document for the use within the Republic of Azerbaijan.21

The Passport Services Departments of MIA must ensure the proper filling of the application form submitted by the stateless person. In addition, the following documents shall be examined: • For persons under 16 years of age: Birth certificate and medical determination of blood group;

19 Point 1, Regulations on “Special Documents for Stateless Persons and Aliens Residing Permanently in Azerbaijan”, 30 December 1997. 20 Ibid. Points 7, 8. 21 Ibid. Point 9. 16

RESIDENCE

• For persons over 16 years of age: Medical determination of blood group, eye colour, and height ; • Marriage certificate if applicant is married, and document confirming the legal representative’s authority, if required.

In addition to these documents, the applicant shall submit a recent passport photo in order to receive the ID card.22

The ID card grants the bearer permission to live in Azerbaijan. This is not a term of residence although it allows for a long stay.

Note: Samples (models) of the documents of stateless persons and foreigners permanently residing in Azerbaijan are defined by the Terms of Reference of the Law on “Special Documents of Aliens and Stateless Persons Permanently Residing in Azerbaijan” 30 December 1997 (see annex 5.g).

The rights and freedom of persons with permanent residence or foreigners with temporary residence can be restricted only in conformity with the conditions of international legal norms and legislation of Azerbaijan.23

3.4 RENEWAL, REPEAL AND CONVERSION

According to the Regulations on Special Documents for Stateless Persons and Aliens residing permanently in Azerbaijan, lost or damaged ID cards belonging to a stateless person must be replaced by the Passport Services Departments of MIA.

Residence permission can be repealed under certain conditions. Permission to reside in Azerbaijan may be repealed if:

• the application for residence permit is supported by the required documents (see 3.3 Documents allowing for a long term residence); • the individual is residing in Azerbaijan with invalid documents (for required documents see paragraph 3.3, Documents allowing for a long term residence); • there has been a violation of the rules indicated in the law about registration, choice of residence and movement; • there has been a violation of labour rules, when the individual is employed; • the individual overstays after the expiration of visa validity.

When turning in 16 a stateless person must convert their ID card from an ID card without a photo to an ID card with photo. When s/he becomes 20 years old, the ID card shall be renewed. Afterwards, the document is renewed every five years; or in special cases when changes are made to the bearer’s full name, marital status or place of residence, or in case

22 Point 11, Regulations on “Special Documents for Stateless Persons and Aliens Residing Permanently in Azerbaijan”, 30 December 1997. 23 Article 69 of Constitution of the Republic of Azerbaijan, 12 November 1995. 17

RESIDENCE of loss of the card.24 The applicant is then required to also provide prove of the specific occasion in addition to the regular documents required for the application of an ID card (see paragraph 3.3, Documents allowing for a long term residence). This should be submitted to the Passport Services Departments of MIA. A new ID card for use in Azerbaijan should be issued within one month of submission of the required documents.

The validity term of the registration card of foreigners shall not be longer than the validity of the national passport.

In case of violation of Azerbaijan law by the foreigner, local police departments may reduce a foreigner’s authorisation to remain in the country. Reduction of the terms of a foreigner’s stay and his or her deportation is executed by the MIA (local police departments).25 Objection is possible via application to the district court.

24 Point 16, Regulations on “Special Documents for Stateless Persons and Aliens Residing Permanently in Azerbaijan”, 30 December 1997. 25 In compliance with the Law of the Republic of Azerbaijan on “Legal Status of Aliens and Stateless Persons”, 13 March 1996. 18

INTEGRATION

4. INTEGRATION

4.1 PREFACE

Although attempts have been made to establish international protective mechanisms such as the UN Convention on Protection of Rights of Labour Migrants which would lay down country responsibilities towards migrants, while at the same time striving to achieve the integration of immigrants, these attempts have only met with limited success. Countries retain complete discretion as to their policies and procedures in dealing with immigrants and their integration into society. Migration policies should be designed to prohibit discrimination against non-citizens, as it severely hinders material integration and sends a stigmatising message to immigrants that they do not belong.

4.2 GENERAL PRINCIPLES

Integration issues in the Republic of Azerbaijan are regulated by the law on Legal Status of Foreigners and Stateless Persons.26 The Law on Immigration regulates immigration of foreigners or stateless persons to Republic of Azerbaijan and all related matters.27 Immigration is further regulated by the Constitution, international treaties to which Azerbaijan is a party and other legislative acts.

Immigration is defined by the Law on Immigration as the arrival of foreigners or stateless persons in the Republic of Azerbaijan for the purpose of temporary or permanent residence. An immigrant is defined in the law as a foreigner or stateless person who has obtained the right to residence in the country in a way defined by relevant legislation.28

The protection of the rights and freedoms of foreigners and stateless persons should not contradict national interests. Foreigners and stateless persons shall respect the requirements of the Constitution of the Republic of Azerbaijan, as well as its laws, and other legislative acts. They should also respect, customs, and traditions of the Azerbaijan people.29

According to the Constitution, Article 69, foreigners and stateless persons are equal before the law and the courts, irrespective of their social, property status, their racial and national affiliation, sex or language, attitude towards region, type and nature of business or other circumstances.

The Constitution of the Republic of Azerbaijan ensures that foreigners and stateless persons who are on the territory of the country enjoy all the rights and freedoms on terms equal to

26 Law of the Republic of Azerbaijan on “Legal Status of Aliens and Stateless Persons”, 13 March 1996. 27 Article 1, Law of Republic of Azerbaijan on “Immigration”, 22 December 1998. 28 Ibid. Article 3. 29 Constitution and Law on Law of the Republic of Azerbaijan on “Legal Status of Aliens and Stateless Persons”, 13 March 1996.

INTEGRATION those of citizens of the Republic. According to the Constitution, the rights and freedoms of foreigners and stateless persons, who have a permanent place of residence in or are temporarily residing on the territory of Azerbaijan, may be restricted only in accordance with the norms of international law and the legislation of the Republic of Azerbaijan.30

According to the Law on Status of Refugees and IDPs, Article 7, proper conditions for the assimilation and naturalisation of refugees shall be created. Conditions shall also be created to encourage these persons to learn the language and to gain knowledge of their rights and obligations under the laws of the Republic.

Pursuant to national legislation and international treaties to which the Republic of Azerbaijan is party, foreigners and stateless persons have the same right as citizens with regard to social security.31

The Cabinet of Ministers, the Ministry of Labour and Social Protection of Population (MLSPP), MIA, MFA, Ministry of Health and Non-Governmental Organizations (NGOs) all participate in the immigrant integration process and provide assistance to immigrants in adapting to local conditions in Azerbaijan. In this regard, the Cabinet of Ministers is responsible for inter-agency co-ordination and the preparation of normative acts; the MLSPP provides social security to labour migrants; the MIA registers immigrants and provides them with registration cards, identity documents, and deals with citizenship issues; the MFA deals with visa issues; while the Ministry of Health is responsible for medical examinations.

4.2.1 INTEGRATION OF REFUGEES

Integration of foreigners, especially refugees, into the new living environment is often facilitated by the ‘hosting’ government. Azerbaijani legislation describes that the “Proper conditions for the integration and naturalisation of refugees shall be created, as well as conditions which promotes the learning of the language and of the rights and obligations of refugees”.32 After being recognised as refugees, one enjoys all the rights granted by the legislation of the Republic of Azerbaijan to refugees, which are equal to the rights that enjoy the citizens of Republic of Azerbaijan, except the right to propose as candidate for any political post. In addition recognized refugees have the following rights and obligations:33

• To live free-of-charge in special allocated places until acquiring the job or place of residence, but no more than 3 months. • To go free-of-charge to the place of temporary residence and transportation the property; • to get free-of-charge medical assistance and day-to-day goods on favourable conditions at the places or the temporary residence by the elders, children, poor people, and the families who have lost their providers;

30 Part 1 and 2 of Article 69 of the Constitution of the Republic of Azerbaijan. 31 Article 16, Law on “Legal Status of Aliens and Stateless Persons,” 13 March 1996. 32 Article 7, Law on “Status of Refugees and IDPs”, 21 May 1999. 33 Ibid, Article 6. 20

INTEGRATION

• to educate the children in kindergartens and the teenagers and the youth at relevant educational institutions; • to purchase foodstuff and industrial goods in the settlements on the basis of equality with the permanent residents; • to obtain of one-time and other aid determined by the state; • to get the urgent allocations of single pensioners and invalids at the special institutions of social welfare; • to acquire status of refugee or FDP (person displaced within the country) in the term, established by present Law; • to arise the question of payment of financial and other damage; • to apply to the Court for the defence of broken rights; • right of movement to the previous place of residence. • A person who has been granted the refugee status, uses the rights and has the duties, provided by the legislation of the Republic of Azerbaijan for the foreigners and stateless persons.

Refugees can apply for citizenship after living in Azerbaijan for more than 5 years34. The procedure for citizenship acquisition is described in Chapter 5.

4.3 HOUSING

The Law on Property of the Republic of Azerbaijan grants property rights to foreigners, foreign legal entities and international organizations residing or operating in the Republic of Azerbaijan. Immigrants possess the same rights to acquire residential property, as citizens of the Republic of Azerbaijan.35 For the acquisition of housing in Azerbaijan immigrants are required to present their ID and registration card to the entity that sells the house.

If purchasing a home, the immigrant must have the address registered in his/her registration card. In the event of a change of residence, an immigrant must inform the Passport Services Department of MIA within 3 days with regard to this change.36 When buying a house, one is obliged to pay a unique duty fee to the notary authorities.37 This fee is 4 times higher for foreigners than for citizens of the Republic of Azerbaijan. Currently the fee is 400 C.F.U. (400×5.500), or 2200.000 manats for foreigners.

For the rental of house, a residence permit or ID card should be presented to the notary authorities. According to the Civic Code, a contract between the landlord and the prospective tenant should be drawn up and signed after both parties agreed on the rental price and other terms. Information on the place of residence of the foreigner should be submitted to the local police authorities, as it constitutes part of the registration.

34 Article 7, Law of the Republic of Azerbaijan on “Status of Refugees and IDPs”, 21 May 1999.; Article 14, Law of the Republic of Azerbaijan on “Citizenship” Law, 30 September 1998. 35 Article 17, Law of the Republic of Azerbaijan on “Legal Status of Aliens and Stateless Persons”, 13 March 1996. 36 Article 12, Law of the Republic of Azerbaijan on “Immigration”, 22 December 1998. Permanent Residence, see paragraph 3.2.2. 37 Article 10, Law of the Republic of Azerbaijan on “State Fee”, 04 December 2001. Pursuant to the terms of this legislation, foreigners are subject to different conditions on payment of duty fees than are citizens of the Republic of Azerbaijan. 21

INTEGRATION

4.4 EMPLOYMENT

On 11 December 1998, Azerbaijan became a signatory to International Convention on Protection of Labour Migrants and Members of their Family. Article 8 of the Convention states that labour migrants and members of their family have the right to freely leave the territory of any country, including their country of origin.

Azerbaijan has implemented this Convention in national Legislation in the ‘Law of the Republic of Azerbaijan on Labour Migration’. Article 1 of this Law describes the issue of labour migration and defines labour migration/ migrants as:

• labour migration is the relocation of physical persons as a result of their labour activity; • a labour migrant (worker) is a physical person who legally migrates from one country to another for performance of paid work; family members of labour migrants are the wife (husband) of the migrant worker, his/her dependant children up to 18 years old, and parents under his/her care.

The labour migration process is regulated by this Law. However, as some migration related laws do not answer nowadays’ requirements (especially for serious gaps existing in rules of visa types identification and issuance) full application of Law on Labour Migration is not possible.

4.5 HEALTH SERVICES

As the Constitution ensures equal rights and freedoms for foreigners and stateless persons and citizens of the country and as these rights and freedoms may be restricted only in accordance with the norms of international law and the laws of the Republic of Azerbaijan, foreigners and stateless persons therefore enjoy all rights related to health on equal terms with citizens of the Republic of Azerbaijan.

The institutions of the Ministry of Health and special medical organizations provide free health service in Azerbaijan for both legal and illegal immigrants. The Cabinet of Ministers determines those state medical organizations, which are authorised to provide free health services. Stateless persons permanently living in the Republic of Azerbaijan enjoy the same rights to health care and medical assistance as citizens.38 Foreigners have rights to medical assistance on the terms envisaged in the international treaties signed by Azerbaijan. A foreigner should obtain medical insurance if he/she wants to get medical assistance at a private medical institution that does not provide medical services free of charge.

4.6 SOCIAL SERVICE AVAILABLE DURING RESIDENCE

Migrant workers and their family members have the same rights with regard to social services (excluding the right for pension) as citizens of the Republic of Azerbaijan and their

38 Article 10, Law of the Republic of Azerbaijan on “Protection of the Health of the Population,” 26 June 1997. 22

INTEGRATION family members. Migrant workers’ and their family members’ right to pension is regulated by bilateral and multilateral international agreements signed by Azerbaijan.39

All persons, including immigrants working on individual labour contracts, are subject to social insurance.40

4.7 EDUCATION

Foreigners and stateless persons permanently living in the Republic of Azerbaijan enjoy the right to education on the same basis as the citizens. Education for foreigners and stateless persons is not free of charge, unless national legislation or international agreements signed by Azerbaijan provide otherwise.41

Foreign students may study in Azerbaijan if they are either nominated by the state or are able to financially support themselves.

Foreign students who get the right to study in Azerbaijan are eligible to receive education visa from consular department of the MFA based on a support letter from the Ministry of Education.

4.7.1 SCHOOLING SYSTEM

The education system in Azerbaijan is designed as follows42:

Mandatory general high school education: - Primary education (I – IV classes); - Main education (V – VIII classes); - High school education (IX – XI classes).

In Azerbaijan, children usually attend the first class of primary school when they are 6 years old.

Upon graduation from high school, students may opt for various types of professional education.

Special professional education comprises: - Vocational professional education - Technical professional education - Special (secondary) high school education; - University

Those students who wish to pursue technical/professional (high or higher) education must pass special examinations.

39 Article 10, Law of the Republic of Azerbaijan on “Labour Migration”, 28 October 1999. 40 Article 2, Law of the Republic of Azerbaijan on “Social Insurance”, 9 December 1997. 41 Article 58, Law of the Republic of Azerbaijan on “Education”, 7 November 1992. 42 Ibid.

INTEGRATION

University Education Requirements for entrance tests for university study are set by the State Commission on Student Selection. University courses normally consist of four years of study for a bachelor’s degree, and two years of study for a master’s degree.

4.7.2 PROCEDURES, TIMING AND DOCUMENTS REQUIRED FOR ENROLMENT

All migrant children residing in Azerbaijan have the right to education.43 Education is mandatory for all migrant children and is provided free of charge in state secondary schools.

Enrolment in secondary schools (where primary education is provided) is available to children 6 years of age and older. Children are required to present the following documents to the school in which s/he will enrol: a birth certificate, a health certificate, and an application filled in by the parents.

Students must present documents (certificates) about their previous education (and completed studies), obtained in third countries or in the country of origin.

4.7.3 SCHOOLING FACILITIES FOR ADULTS

Provisions are made for adult refugees, IDPs44 and immigrants45 to take Azeri language courses. These courses are arranged by the local executive power in the person’s place of residence. The foreigners and stateless persons permanently living in the Republic of Azerbaijan are also allowed to study in evening courses on equal terms as the citizens of the Republic of Azerbaijan.

4.7.4 RECOGNITION OF DIPLOMAS

Azerbaijan has ratified the following international documents on the recognition of diplomas:

• Convention (1996) “On recognition of higher school diplomas, scientific degrees, educational curriculum obtained in the region of the European states”; • Convention (1996) “On recognition of higher school diplomas, scientific degrees, educational curriculum obtained in the region of Asia and countries of Pacific Ocean”; • Convention (1997) “On recognition of professional specialties”; • Convention (1997) “On recognition of specialties in the field of higher school in the European region”

Higher school diplomas of immigrants from European, Asia and Pacific Ocean countries are recognised. Recognition of foreign diplomas is implemented by Ministry of Education based

43 Article 36 of the Constitution of Republic of Azerbaijan 44 Article 7, Law of the Republic of Azerbaijan on “Legal Status of Refugees and Forcibly Displaced Persons (Internally Displaced),” 21 May 1999. 45 Article 16, Law of the Republic of Azerbaijan on “Immigration”, 22 December 1998. 24

INTEGRATION on the “Regulations on Recognition of foreign’ Higher School specialties and identification of equivalence” 13 May 2003. In practice one needs to have the foreign diploma translated and verified by a notary when one wants to use it to get admitted into a university or when applying for a job.

4.8 VOCATIONAL TRAINING

There are no vocational training programmes for immigrants envisaged by the laws of Azerbaijan. International organizations currently implement most projects on vocational training for IDPs and refugees in Azerbaijan.

4.9 CIVIL AND POLITICAL PARTICIPATION

Article 12.2 of the Election Code provides that stateless persons regularly residing on the territory of Azerbaijan for more than 5 years have the right to vote in presidential, parliamentary, and municipal elections and on national referendums. Foreigners regularly residing on the territory of Azerbaijan for more than 5 years have the right to participate only in municipal elections.

Migrants enjoy the right to freedom of speech and expression, to associate with others, create associations, and become a member of established associations, including trade unions.46

4.10 DISCRIMINATION

Discrimination is prohibited by law.47 In 1996, Azerbaijan ratified the UN Convention “On Elimination of All Forms of Racial Discrimination”. Following ratification of the Convention, the Azerbaijan Criminal Code was amended to include provisions that provide criminal penalties for discrimination based upon the following grounds48:

• racial; • national; • religious (confessional); • linguistic; • sex; • origin.

46 Pursuant to Article 58 of the Constitution, every person enjoys the right to associate with others, create associations, including trade unions, and to join established associations Article 8 of the Law on “Non – Governmental Organizations (Public Associations and Funds)" recognises foreigners’ participation in the activity of local NGOs. They enjoy the right to join, establish or assist the NGO in its work. Article 1 of the Law on “Trade Unions” establishes the right of membership in trade unions for foreigners and persons with refugee status. 47 Article 25 of the Constitution of Azerbaijan confers equal rights to all individuals regardless of their race, nationality, religion, language, sex, origin, or property status. It is prohibited by law to restrict an individual’s rights and freedoms due to their race, nationality, religion, language, sex, origin, political or social affiliations. 48 Article 154 Criminal Code. 25

CITIZENSHIP

5. CITIZENSHIP

5.1 PREFACE

Recognition of citizenship derives from two fundamental principles. The first of these is the protection by the state of the individual’s fundamental (internationally recognised) human rights. Secondly, a state’s sovereignty affords it autonomous jurisdiction on its own territory. Citizenship (or nationality) is internationally regarded as a legal relationship between a person and a state, regardless of his or her ethnicity. Thus, the Universal Declaration on Human Rights provides that “everyone has the right to a nationality,” and that no one shall be arbitrarily deprived of his or her nationality or denied the right to change his or her nationality. Most states recognise the right to citizenship acquisition either by birth or by naturalisation; there are no international conventions significantly regulating acquisition of citizenship. However, the state’s authority to grant citizenship is limited by overriding human rights norms, such as norms of non-discrimination and requirements of procedural fairness. Laws denying citizenship based on race or gender would thus be difficult to justify under general human rights norms.

Although there is no international treaty on the acquisition of citizenship, the 1954 UN Convention “Relating to the Status of Stateless Persons” provides some indication of main rights and responsibilities of stateless persons in the country of residence.

5.2 CITIZENSHIP ACQUISITION

In conformity with international practice, the Azerbaijan Constitution clearly defines a citizen of the Republic of Azerbaijan as a person belonging to the Azerbaijani state, having political and juridical relations with the state, as well as mutual rights and responsibilities towards the state. People born in Azerbaijan or born of Azerbaijani parents are considered to be citizens of the Republic of Azerbaijan.49

The Law on Citizenship50 stipulates the methods of acquisition of citizenship in the Republic of Azerbaijan. Citizenship may be acquired:

• if a person is born on the territory of the Republic of Azerbaijan, or born from citizens of the Republic of Azerbaijan; • if a person is granted citizenship of the Republic of Azerbaijan; • by reasons stipulated in bilateral and multilateral international treaties of the Republic of Azerbaijan; • by other bases stipulated by the Law on Citizenship.

The citizenship of the Republic of Azerbaijan will not be granted (neither by acquisition application nor by re-acquisition) in the following cases:

49 Constitution of the Republic of Azerbaijan, 12 November 1995. 50 Article 11, Law of the Republic of Azerbaijan on “Citizenship”, 30 September 1998. 26

CITIZENSHIP

• if the person expresses an intent to forcibly change the state structure and territorial integrity of Azerbaijan as established by the Constitution; • if the person undertakes activities deemed dangerous to state security, public order, or the health and morale of the population; • if the person propagates issues of racial, religious or national separatism; • if any of the above acts are related to terrorism.51

The authority to grant citizenship of the Republic of Azerbaijan is under the discretion of the President of the Republic of Azerbaijan.52 In case of rejection, the applicant can repeatedly apply after one year from the time of decision.

According to Article 5 of the Law on “State Policy of Azerbaijanis living abroad” 27 December 2002 ethnic Azeris with citizenship of another State or without any citizenship can apply for acquisition or re-acquisition (see also paragraph 5.5, Re-acquisition of citizenship). The same Law describes that the fact that somebody with Azerbaijani citizenship does not live in the Republic of Azerbaijan but abroad does not lead to deprivation of Azerbaijani citizenship.

Procedure on citizenship applications

The application for citizenship of the Republic of Azerbaijan must be submitted to the Ministry of Internal Affairs (MIA).53 The MIA upon receiving the application on acquisition of citizenship, submits the application to the Ministry of National Security (MNS) for further investigation.54 MNS returns these documents together with their decision to the MIA within 1 month. MIA then submits the documents to the President’s Office for further review by the Commission on Citizenship Issues within the Office of the President of Azerbaijan. The Commission on Citizenship reviews the documents (required documents: see below) and submits them to the President who makes a final decision upon the application. Documents can be reviewed for 6 months after a negative decision is appealed.

Required documents:

• Application-form for the acquisition of the citizenship of the Republic of Azerbaijan (the specimen of which has been approved by President of the Republic of Azerbaijan, see annex 5.h), • Citizens of countries55 which have concluded a bilateral agreement with the Republic of Azerbaijan prohibiting double citizenship must also submit a formal approval by the country of origin regarding the citizenship request.56

51 Article 14, Law of the Republic of Azerbaijan on “Citizenship”, 30 September 1998, and Article 5, “Terms Of Reference on Review and Rules of Resolution of the Applications Related to Citizenship,”30 August 1999. 52 Paragraph 20, Article 109 of the Constitution of the Republic of Azerbaijan, 12 November 1995. 53 Terms of Reference on Review and the Rules of Resolution of Citizenship of the Republic of Azerbaijan” (Article 2), endorsed by the Azerbaijan President’s Decree No 189, on 30 August 1999. 54 Article 3, Terms Of Reference on Review and Rules of Resolution of the Applications Related to Citizenship,”30 August 1999. 55 The Republic of Azerbaijan has concluded such an agreement only with the Ukraine. 56 Article 3, Terms Of Reference on Review and Rules of Resolution of the Applications Related to Citizenship”, 30 August 1999. 27

CITIZENSHIP

To be submitted with the application form are the following items:

- 4 photos of 3x4 size (colour); - certificate issued from the place of residence regarding family situation (number of members, etc.) - receipt of payment of fee (at time of writing the fee is 550.000 AZM) - certificate confirming the residence of a person in Azerbaijan for the past 5 years57; - a letter issued by the Ministry of Education, confirming the knowledge of the state language.

5.3 RENOUNCING THE ORIGINAL CITIZENSHIP

By Article 10, Law on Citizenship of the Republic of Azerbaijan dual citizenship is possible in Azerbaijan through bilateral agreements (to date, Azerbaijan has not concluded any bilateral agreements on dual citizenship) or Presidential permission (it is usually granted to prominent or illustrious persons). The Republic of Azerbaijan concluded also bilateral treaties on the prevention of dual citizenship.

In case of dual citizenship, the Republic of Azerbaijan does not recognize the non-Azeri citizenship. For example, if a person, having the citizenship of another state, acquires due to marriage citizenship of the Republic of Azerbaijan, the Republic of Azerbaijan will not recognize this person’s foreign citizenship.58

5.4 LOSS OF CITIZENSHIP

If the person lodging an application intentionally submits false information to acquire citizenship of the Republic of Azerbaijan then s/he will lose the granted citizenship.59 In such case, the MIA summits the documents regarding the loss of citizenship to the President’s Office for further decision by the Commission on Citizenship within the President’s Office. The Republic of Azerbaijan, as stated in Article 10 of the Law on “Citizenship”, in case of dual citizenship does not recognize the foreign citizenship of its citizens (there are exceptional cases indicated in international agreements and article 109 of the Constitution). If an Azeri national chooses to accept new citizenship abroad s/he does not lose the citizenship of the Republic of Azerbaijan. The Azerbaijani legislation does not contemplate other cases resulting in the loss of citizenship.

5.5 RE-ACQUISITION OF CITIZENSHIP

Former citizens of the Republic of Azerbaijan, whose citizenship was renounced, can re- acquire the citizenship of the Republic of Azerbaijan.60 Re-acquisition is not possible in the following cases:

57 It should be obtained from the agency of residential area (or building) maintenance. 58 Article 10, Law of the Republic of Azerbaijan on “Citizenship”, 30 September 1998. 59 Article 18, Law of the Republic of Azerbaijan on “Citizenship”, 30 September 1998, and Article 24 of the Terms Of Reference on Review and Rules of Resolution of the Applications Related to Citizenship,”30 August 1999. 60 Paragraph 9, Article 15, Law of the Republic of Azerbaijan on “Citizenship”, 30 September 1998. 28

CITIZENSHIP

• if the person expresses an intent to forcibly change the state structure and territorial integrity of Azerbaijan as established by the Constitution; • if the person undertakes activities deemed dangerous to state security, public order, or the health and morale of the population; • if the person propagates racial, religious or national separatism; • if the above acts are related to terrorism.61

The person must submit an application form to the MIA to re-acquire his or her citizenship. The following documents must be attached to the application:

• documents on loss of citizenship of the Republic of Azerbaijan; • informational certificate about family members62; • test results of an HIV/AIDS test and a health certificate (if the person did not leave the country, these documents are not needed).

For re-acquisition of citizenship, people residing in Azerbaijan must submit their application to the MIA. People residing abroad must submit an application to the nearest diplomatic mission or consular office of Azerbaijan.63

Applications submitted to a diplomatic mission or consular office are forwarded to the MFA of Azerbaijan for further review. The MIA or MFA will forward the documentation to MNS for review and the latter returns these documents together with the decision on citizenship to the President’s Office for final decision by the Commission on Citizenship issues within the Office of the President of Azerbaijan.

5.6 PROCEDURE IN CASE OF REFUSAL OF (RE-) ACQUISITION OF CITIZENSHIP

The Commission on Citizenship will submit a recommendation for refusal to the President of Azerbaijan64 in the following cases:

61 Article 14, Law of the Republic of Azerbaijan on “Citizenship”, 30 September 1998, and Article 5, Terms Of Reference on Review and Rules of Resolution of the Applications Related to Citizenship,”30 August 1999. 62 A document containing a short information about the applicant’s family members. 63 Article 11, Terms Of Reference on Review and Rules of Resolution of the Applications Related to Citizenship”, 30 August 1999. 64 Article 13, Rules of refusal of applications for citizenship, “Terms Of Reference on Review and Rules of Resolution of the Applications Related to Citizenship,”30 August 1999.

CITIZENSHIP

5.7 STATELESSNESS

A “stateless person” is a person who is not a citizen of the Republic of Azerbaijan and is not a citizen of another country.66 As a signatory of the UN Convention on the Prevention of Statelessness, the legislation of Azerbaijan addresses the acquisition of citizenship by children of stateless parents born on the territory of the Republic of Azerbaijan.67 Children born on the territory of Azerbaijan to unknown parents have also the right to obtain the citizenship of the Republic of Azerbaijan.68 Admission to citizenship of the Republic of Azerbaijan is described in article 14 of the Law on “ Citizenship of the Republic of Azerbaijan”. Foreign citizens and stateless persons living on the territory of the Republic of Azerbaijan for 5 years or longer and submitting a document attesting knowledge of the state language may be granted citizenship of the Republic of Azerbaijan upon their application in compliance with this Law irrespective of racial or national affiliation, sex, education, language, religious beliefs, political and other convictions, or place of residence.

The naturalisation application shall be rejected if the person applying for it has been accused of forcible overthrow or change of the state and social system secured by the Constitution of the Republic of Azerbaijan, violation of the territorial integrity of the Republic of Azerbaijan; carrying out activity damaging to state security, the protection of public order, health or morality of the population; propagation of racial or religious hostility, or national exclusiveness; or connection with terrorist activity.

A person applying for citizenship of the Republic of Azerbaijan must pay state fees in the order and amount provided by the legislation of the Republic of Azerbaijan.

The status of stateless persons in Azerbaijan is addressed in the March 1996 Law on “ Legal Status of Aliens and Stateless Persons”. This law establishes the principle that stateless persons enjoy the same rights and obligations as the citizens of the Republic of Azerbaijan, including the right to work69 right to health protection, and the right to social security. In addition, the legal status of stateless persons is defined by the Constitution, the Law on “ Entry, Exit and on Passports” and by other relevant legislative acts of Azerbaijan, as well as by international treaties adherent to RA.70

In accordance with national legislation71, stateless persons enjoy all rights and freedoms and perform all duties on an equal basis with citizens of the Republic of Azerbaijan, unless otherwise specified by the Constitution of the Republic of Azerbaijan, by the Law of the

65 Article 14, Law of the Republic of Azerbaijan on “Citizenship”, 30 September 1998, and Article 5, Terms Of Reference on Review and Rules of Resolution of the Applications Related to Citizenship”, 30 August 1999. 66 Article 2, Law of the Republic of Azerbaijan on “Legal Status of Aliens and Stateless Persons”, 13 March 1996. 67 Article 12, Law of the Republic of Azerbaijan on “Citizenship”, 30 September 1998. 68 Article 13, Law of the Republic of Azerbaijan on “Citizenship”, 30 September 1998. 69 Article 11, Law of the Republic of Azerbaijan on “Legal Status of Aliens and Stateless Persons”, 13 March 1996. 70 On 30 August 1961, the Republic of Azerbaijan joined the Convention on Reduction of Statelessness, adopted on 30 August 1961 71 Article 4, Law of the Republic of Azerbaijan on “Legal Status of Aliens and Stateless Persons”, 13 March 1996. 30

CITIZENSHIP

Republic of Azerbaijan “On Legal Status of Aliens and Stateless Persons” and by other relevant legislative acts.

The realisation of rights and freedoms of stateless persons must not contradict with national interests of the Republic of Azerbaijan. Stateless persons shall observe the requirements of the Constitution of the Republic of Azerbaijan, the laws and other legislative acts of the Republic of Azerbaijan, and respect customs and traditions of the Azerbaijani people.72

72 Article 4, Law of the Republic of Azerbaijan on “Legal Status of Aliens and Stateless Persons”, 13 March 1996. 31

EXIT

6. EXIT

6.1 PREFACE

Globalisation processes have promoted ever-rising numbers of people to travel across borders. It is generally accepted73 that everyone enjoys the right to move freely and to choose his or her place of domicile, to travel abroad and to return to his or her country. However, states may levy restrictions on international travel, for example, to enforce criminal sanctions, the payment of taxes or military service requirements. On the other hand states possess a qualified right to expel foreigners from their territory. International standards emphasise forced removal of individuals having entered the territory in violation of the laws, failed to comply with the terms of admission, or been involved in criminal activities.

The right of state to expel foreigners from their territory can only be effectively exercised if another state receives the person expelled. Although there is no universal treaty obligation laying down the normative couplet of return and readmission there are strong indications that states accept an unconditional obligation to readmit their citizens returning voluntarily as a norm of customary international law. Involuntarily return of citizens is in some cases arranged through bilateral agreements.

6.2 EXIT AZERBAIJAN

Every citizen of the Republic of Azerbaijan enjoys the right to freely exit the country through special places of control in accordance with laws of Azerbaijan. A citizen shall not be deprived of the right to exit the country. This right may temporarily be restricted in the following cases:

• if there is a commitment from the citizen regarding information, containing state or military secrets, unless this commitment has expired in accordance with laws of Azerbaijan; 74 • if there is a court decision with respect to the citizen or he/she has been prosecuted, unless the proceedings have been terminated or dismissed or restitution has taken place. • if a citizen is called for military service unless this military service requirement has been satisfied or he is released from this service requirement in accordance with laws of Azerbaijan. • if prophylactic vaccination, required for exit/entry of certain country in accordance with international sanitary requirements and inter-state agreements, to which the Republic of Azerbaijan is a party, is not done.

73 In example, The Universal Declaration of Human Rights Article 13 (2) acknowledges that: “Everyone has the right to leave any country, including his own, and to return to his country.” 74 Article 1, Law of the Republic of Azerbaijan on “Exit, Entry and Passports”, 14 June 1994. 32

EXIT

In the case of an emergency or a situation abroad, which poses a danger to the health, life or freedom of citizens of Azerbaijan, the Ministry of Foreign Affairs of Republic of Azerbaijan may, by immediate notification, recommend that the citizens of Azerbaijan refrain from travel for a defined period to those foreign destinations.

If a citizen wants to enter the foreign country he/she may be required an official permit visa of that country at the border check-points in accordance to international agreements. Every citizen leaving for abroad shall be informed by an official of border checkpoint of the Republic of Azerbaijan on requirement for submitting visa needed to enter a foreign country and in the case of not submitting such a permit he/she is refused to enter the country. Citizens under 18 years old can exit the country only accompanied by parents or legal representative with the name on their passport and photo with stamp in compliance with legislation. Citizens under 18 years old can exit the country only with consent of his/her parents or legal representative approved by notary or in accordance to legislation. If one of the parents does not give consent the issue of exiting the country is solved due to the decision of court. Citizens under 18 years old are allowed to exit the country for permanent residence only with consent in written form and approved by notary of both parents or legal representative in compliance with legislation. Citizen acknowledged like unable by court can leave the country with application approved by notary or accompanied by legal representative.

A foreigner’s departure may be restricted if: 75 • such departure is against the interests of national security, until such security concerns are no longer applicable; • he or she was deemed a suspect or has been charged with a crime, until these matters have been fully resolved; • he or she has been condemned for a crime and sentenced to a prison term, until his or her release from prison or the appropriate resolution of the matter; • a property claim has been lodged against the foreigner in compliance with the legislation of the Republic of Azerbaijan, until the completion of an investigation.

Not making prophylactic vaccination in compliance with the legislation results with cease and restriction of international medical-sanitary rules for aliens permanently residing in the Republic of Azerbaijan or required exit/entry of certain country in accordance with international sanitary requirements and inter-state agreements, to which the Republic of Azerbaijan is a party.

6.3 EXPULSION

Deportation of an immigrant from Azerbaijan may be ordered when:76 • the residence permit was received on the basis of forged data and/or false information; • in the case of applying Administrative deportation on Aliens and Stateless Persons from the Republic of Azerbaijan in compliance with the Code of Administrative Offences of the Republic of Azerbaijan; • reasons of Azerbaijan’s national security and public order justify deportation.

75 Article 12, part 3, Law of the Republic of Azerbaijan on “Exit, Entry and Passports”, 14 June 1994. 76 Article 13, Law of the Republic of Azerbaijan on “Immigration”, 22 December 1998. 33

EXIT

The Court (judge) is charged with taking decisions about the Immigrant status deprival of foreigners and stateless persons and their possible deportation from Azerbaijan. Deportation of Immigrants from the Republic of Azerbaijan is executed in compliance with legislation. The decision about deportation of an immigrant from Azerbaijan does not apply to his or her family members; their status in Azerbaijan is unaffected. The Court shall officially inform the immigrant about the decision on deportation from Azerbaijan within 10 days of the decision.77

Immigrants must leave Azerbaijan within 30 days after the receipt of decision on deportation. The immigrant has 10 days to present his/her objections against the decision (he or she should appeal to the court in the district in which the police department which took decision is located, and produce a copy of the order and an application). In this case, the deportation date from Azerbaijan is calculated from the date of the entry into force of the district court’s decision.

Those immigrants convicted of a crime must leave Azerbaijan within 30 days after completing the criminal sentence. An immigrant has the right to appeal to the Court within 10 days after completing the criminal case.

If the immigrant does not leave the territory within the required timeframe, he or she may be forcibly expelled from Azerbaijan. The Cabinet of the Ministers is responsible for development of the rules on immigrants’ expulsion from Azerbaijan by force. A draft of the rules was developed with the legal assistance of IOM78, but has not yet been definitively established.

Administrative deportation, which is deportation executed by the MIA upon a decision of deportation, of a foreigner is carried out pursuant to the Code of Administrative Offences of Azerbaijan if the foreigner: • has made religious propaganda in Azerbaijan; 79 • is residing in Azerbaijan without a residence permit.80

6.3.1 RE-ENTRY POSSIBILITIES

According to rules of the MIA, foreigners expelled from Azerbaijan will not be allowed future re-entry into the country. 81 In the case of those persons who must apply for a new entry visa due to overstaying the validity of a previous visa will not subject to these rules and can enter the country again.

6.4 RIGHT TO COUNSEL

There is no governmental service for migrants access to free legal advice (according to Article 20 on “Law on Advocate and Advocacy Activity” 82 persons convicted for criminal

77 Article 13, Law of the Republic of Azerbaijan on “Immigration”, 22 December 1998. 78 Ibid. 79 Article 300, Code of Administrative Offences of the Republic of Azerbaijan. 80 Article 330, Code of Administrative Offences of the Republic of Azerbaijan. 81 Article 7, Law of the Republic of Azerbaijan on “Immigration”, 22 December 1998. 34

EXIT offences and in need of legal assistance, who come from low income families are entitled to receive free legal assistance provide by the Court. There are some NGOs providing migrants to access free legal advice in Azerbaijan (see Chapter 11 on reference institutions).

Migrants may request written advice on protection of their rights only from the Azerbaijan Ombudsman.83 For this purpose, migrants may make their request to the Ombudsman by written or oral application.

6.5 ASSISTED VOLUNTARY RETURN PROGRAMMES

Azerbaijan has no specific assisted return programs, which furnish assistance to foreigners and stateless persons residing in the Republic of Azerbaijan in facilitating their return to the state of origin.

6.6 READMISSION

The basic organization of international society into nation-states confers upon these entities the primary responsibility for their own nationals. Although not established in multilateral conventions, it is a norm of customary international law that states have a duty to accept the return of their nationals from other states.

Since the start of the dialogue on migration between the three countries of the South Caucasus countries and Western European countries – facilitated by IOM – the Benelux countries and Switzerland are negotiating with Azerbaijan to sign readmission agreements. In May 2003 IOM, together with the MFA organised a Roundtable on Readmission Agreements. Representatives from the government of Azerbaijan and various European official representatives exchanged information on irregular and other forms of migration and discussed practical measures of co-operation in managing migration, including the sustainable return of rejected asylum seekers and irregular migrants. The Roundtable issued the following recommendations:

1. Readmission agreements should provide a legal framework to improve on migration management, which facilitates the countering of irregular migration.

2. Readmission agreements are a pragmatic tool for accelerating the return of inadmissible persons in a humane way that respects international human rights conventions.

3. Readmission agreements offer an opportunity for co-operation between countries of origin and destination, and make a clear political statement and commitment.

4. Readmission agreements are designed to address factual situations in a pragmatic way and provide perspectives for addressing future situations.

5. The government of Azerbaijan recommends a further exchange of experiences and expertise in order to establish the legal framework provided by readmission agreements. To this end, it would like to receive information from other countries of origin those have signed readmission agreement in order to learn more about their practical implications.

82 Dated, 29 December 1999 83 Article 8, Law “About Representative on Human Rights (Ombudsman) of Azerbaijan”, 28 December 2001. 35

EXIT

6. There is a necessity for the widespread acceptance of common definitions for common terms e.g., stateless persons.

INTERNAL DISPLACEMENT

7. INTERNAL DISPLACEMENT

7.1 PREFACE

Today the number of internally displaced persons (IDPs) across the world is nearly 25 million.84 Internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, particularly as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognised State border.85

The main international acts establishing fundamental human rights and freedoms86 of course also relate to IDPs. To offer a more comprehensive framework, relevant international laws were crafted to address the unique situation of internal displacement, which resulted in the UN Guiding Principles on Internal Displacement. These Principles are designed to serve as an international standard to guide governments as well as international humanitarian and development agencies in providing assistance and protection to IDPs.

The Guiding Principles set out the rights of IDPs at all stages of displacement in order to ensure that their specific needs are met. The Guiding Principles are designed to guarantee IDPs protection against arbitrary displacement and protection during their displacement, as well as to form a basis for providing humanitarian assistance to IDPs. Finally, the Guiding Principles seek to establish standards for the safe return, resettlement and reintegration of IDPs.

7.2 INTERNAL DISPLACEMENT IN AZERBAIJAN

The conflict between Azerbaijan and Armenia over Nagorno-Karabakh prompted a mass movement of people. Many were had to leave their homes in search for a safe haven. Now, 10 years after the conclusion of a ceasefire agreement, nearly 150.000 displaced families87 from Nagorno-Karabakh and surrounding districts under Armenian occupation continue to live in very precarious conditions. Although the issue of return to their native lands is naturally a high priority of both the IDPs and the government, it is difficult to say when this will exactly be possible.

84 Roberta Cohen, "Refugee at Home," UN Chronicle, Issue 2, 1999. 85 UN Guiding Principles on Internally Displacement, 1998 86 The Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), the Geneva Convention Relative to the Protection of Civilian Persons in Time of War and Additional Protocols 1 and 2. 87 According to the 1 January 2002 census conducted by the Statistical Committee, there were 572.012 IDPs in Azerbaijan (145.905 families). 37

INTERNAL DISPLACEMENT

7.3 OVERVIEW OF NATIONAL LEGISLATION

Since the start of the conflict over Nagorno-Karabakh, different legal provisions have been designed to address the different problems that arise from mass displacement. In addition to these legislative acts directly regulating the legal status of IDPs in Azerbaijan, the rights and obligations of IDPs are equally reflected in other normative acts of the Republic of Azerbaijan that govern the legal status of IDPs insofar as citizens of Azerbaijan. The Constitution stipulates that the State shall guarantee the equality of everyone in the exercise of his or her rights and freedoms without any distinction based on race, nationality, religion, language, sex, origin, convictions, political or social belonging.88

A comparison of international standards with national legislation reveals that IDPs as defined in international standards are called Forcibly Displaced Persons (FDPs) in national legislation (equating IDPs to FDPs. This can be observed in the title and Article 1 of the law on “On the Status of Refugees and Persons Forcibly Displaced inside the Country”. (Editorial note: This chapter will follow the terminology used in national legislation, and will therefore speak about Forcibly Displaced Persons). It is not only the terminology that differs, but also the content of the definition.

National legislation defines a ‘Forcibly Displaced Person’ as a person who, as a result of military aggression or natural or technological disasters on the territory of the Republic of Azerbaijan, has been forced to leave the place of his or her permanent residence and settle in another part of the country.89 An Azeri citizen, who, due to these reasons, was forced to abandon his or her permanent place of residence in another country and entered the Republic of Azerbaijan, may be awarded the status of FDP.90 The Law further provides that ‘‘persons who have abandoned their permanent places of residence as a result of ethnic conflict and human rights violations in the Republic of Armenia or other States and have entered the Republic of Azerbaijan without settling there permanently are also regarded as FDPs’.91

Furthermore, other legal acts also clarify what is meant by a “forcibly displaced person”. For instance, the Law on Social Protection of Forcibly Displaced Persons specifically defines a forcibly displaced person, as a different law defines, is a person who has abandoned his or her permanent place of residence on the territory of the Republic of Azerbaijan and moved to another part of the country as a result of foreign aggression, occupation of a part of the country of constant bombardment.92

As mentioned before, FDPs are full citizens of Azerbaijan and should therefore enjoy the same protections as any other citizen of the country. This chapter shall therefore deal with the special provisions made for FDPs. Where more general provisions of national law (i.e., provisions applicable to all citizens, not just FDPs) are relevant to specific problems of the FDPs, these laws will also be mentioned.

88 Article 25(3), Constitution of the Republic of Azerbaijan, 12 November 1995. 89 Article 1 (1), Law of the Republic of Azerbaijan on “Status of Refugees and IDPs”, 21 May 1999. 90 Ibid. 91 Article 2, Law of the Republic of Azerbaijan on “Social Protection of Forcibly Displace Persons and Persons Comparable to Them”, 21 May 1999.

INTERNAL DISPLACEMENT

7.3.1 STATUS AND REGISTRATION OF DISPLACED PERSONS

The special status of people forced to leave their places of residence is described in the Law of the Republic of Azerbaijan on “Status of Refugees and Persons Forcibly Displaced inside the Country”. This law declares that the State Committee of the Republic of Azerbaijan on Refugees and Forcibly Displaced Persons93 is responsible for the registration of FDPs. In order to be officially recognized as an FDP and benefit from the provisions made by law, it is necessary to apply to this Committee to be registered as an FDP. The Committee must take a decision granting or denying FDP status within 3 months from the date of registration of an application for FDP status.94

A person loses the FDP status95 if: • he or she returns to the place of his or her former residence or is provided with other apartment in the same region; • such relocation is impossible and he or she is provided with a proper apartment by a special decree of the state.

7.3.2 PROVISIONS FOR DISPLACED PERSONS

All citizens of Azerbaijan are subject to national rules and regulations. In addition to this ‘general’ legislation, special provisions are made for people who forcibly had to flee their homes. Below is a summary of different provisions regarding FDPs, relating to Movement, Housing, Education, Income Generation, Social Security, and Health drawn from both general and specific regulations.

Movement: Everyone legally residing on the territory of Azerbaijan has the right to freedom of movement, freedom to choose one’s place of residence and to leave the Republic of Azerbaijan.96

Housing: FDPs are initially entitled to receive housing free of charge during three months after status is received, until they find a job and accommodation. After expiration of three- month term s/he will have to pay for rent or have to leave the premises. In practice FDPs get accommodation and do not leave it after three month, or do not pay for a rent. In addition, the cost of travel and transportation of property to the place of temporary residence will be reimbursed based on the identified procedure and total cost.97

The State Committee of the Republic of Azerbaijan on Issues of Refugees and Forcibly Displaced Persons and local executive powers are responsible for the provision of dwellings to FDPs. Expenditures incurred due to the removal of FDPs from temporary residence to the

92 Ibid, Article 2. 93 Decisions on granting FDP status and depriving of refugee status shall be made by the Committee mentioned. The Committee was established in 1993 to deal with issues relating to refugees and internally displaced persons. 94 Articles 9, 10, 12, Law of the Republic of Azerbaijan on “Law of the Republic of Azerbaijan on “Status of Refugees and IDPs”, 21 May 1999. 95 Ibid, Article 14. 96 Article 28 (3), Constitution of the Republic of Azerbaijan, 12 November 1995.

INTERNAL DISPLACEMENT permanent residence and employment place shall be reimbursed in the appropriate order and amount.97 In accordance with the preference of the FDP, he or she may be given a no- interest loan for ten years or may receive, depending on the place of residence, a plot of land with an established area. The FDP may be given a plot of land with an established area as well as a non-interest loan. When purchasing an apartment or house on private property, FDPs shall be released from payment of notary duties.98

The Government has allocated 359 billion manats (= 73.000.000 US $) from the State Oil Fund to implement the objectives outlined in the State Programme (2002 Policy) concerning the problems of settlement of FDPs. This allocation of funds has resulted in various new construction and infrastructural projects, including the construction of 6,076 apartments in Fizuli, Agdam and Goranboy regions, 18 school buildings, and 18 medical points. In addition, the construction of 320 uncompleted houses was finished. FDPs living in tent camps in Bilasuvar region were moved to new settlements. In accordance with the Presidential decree of February 4, 2004, plans have been made to build new settlements to house more than 3680 IDP families currently still living in tents. Additionally, the new State Programme, approved by the President on 2 July 2004, foresees in new measures to improve the situation of IDPs through better housing, job creation, education and training and improved social services. Education: Persons granted FDP status have the right to educate their children in appropriate educational institutions.99 FDP children studying in general secondary schools shall be provided with textbooks and other facilities free of charge. Administrators and educators shall be encouraged to introduce specific advantages enabling the education of FDP students.100

The presidential order of 4 August 2003 is also a significant tool that provides exemption to IDP students from paying tuition fee at the state universities and high schools.

Income generation/jobs: The state agencies101 responsible for employment issues shall assist FDPs in seeking suitable employment.

In accordance with the State Program on improvement of social and living conditions of FDPs and their employment, FDP families are temporarily provided with land. Each FDP moved to a new settlement was allocated one hectare land, and was given 1 mln manats (200-230 US$) to be used for agricultural purposes on these plots.

Social security: Everyone has a right to social security.102 FDPs are issued with allowances for paying for dwelling, communal services and the usage of telephones (except inter-town and international calls) by appropriate executive body. Everyone has a right to health protection and medical assistance.103 FDPs are provided with medical assistance in state

97 Article 17, Law of the Republic of Azerbaijan on “Social Protection of Forcibly Displaced Persons and Persons Comparable to Them”, 21 May 1999. 98 Ibid. 99 Article 6, Law of the Republic of Azerbaijan on “Status of Refugees and IDPs”, 21 May 1999. 100 Article 11, Law of the Republic of Azerbaijan on “Social Protection of Forcibly Displaced Persons and Persons Comparable to Them”, 21 May 1999; Article 6, Law of the Republic of Azerbaijan on “Status of Refugees and IDPs”, 21 May 1999.”, 21 May 1999. 101 Article 38, Constitution of the Republic of Azerbaijan. 102 Ibid. 103 Article 41, of the Constitution of the Republic of Azerbaijan, 12 November 1995. 40

INTERNAL DISPLACEMENT medical enterprises by appropriate executive bodies. Medical services provided by the State Medical Institutions and Drugs are provided in accordance with rules identified by relevant executives. At the places of temporary residence or hospitals the old, children, the handicapped, vulnerable FDPs can be provided with necessary medicines and medical assistance by appropriate executive bodies.104

Monthly allowances are to be issued to FDPs for food expenses, and paid from the State budget.105 Each FDP receives a monthly food allowance of 25.000 manats (about 5 US$). Moreover, relevant ministries provide food to those FDPs living in camps.

People have the right to freely choose their place of residence and the right to security. 106 These provisions establish the basis for asserting the right of FDPs to voluntary resettlement in any part of the country and to protection from forced return or resettlement to any place where their life, safety, freedom and/or health would be endangered.

A person with FDP status has the right to return to his or her previous place of residence.107 If an IDP returns to his or her previous place of resident or is granted residence in the same region at no expense, such a person will be deprived of FDP status. 108 In practice, the state does not automatically ceases the FDP status of persons returning to Fizuli and Agdam (liberated areas). It upholds the status for three more years and continues to provide all privileges and allowances to FDPs.

Other provisions made in the Law on the ‘Status of Refugees and Persons Forcibly Displaced inside the Country” provide for the: 109 • purchase of foodstuffs and industrial goods in settlements on the basis of equality with the permanent residents; • benefiting from one-time and other assistance fixed by the state; In addition, FDPs may benefit from state assistance in extraordinary circumstance, for instance, in the event of a fire, wedding or funeral parties, some illnesses, or a national disaster FDPs may be provided with money and clothes upon request to the appropriate governmental body. State Committee on Refugees and FDPs, Executive Body at the place of residence, executive committee of regions of origin and relevant ministries are responsible institutions; • urgent allocation of resources for single pensioners and invalids at special institutions of social welfare. All pensioners and invalid FDPs are registered in the Department of Social Security (Ministry of Labour and Social Protection of Population) of the settled region of settlement. Based on individual request the elderly and the sick not cared by their families are placed by the Department of Social Security in the Houses for the elderly, operational under the Ministries of Health and Education;

105 Section 2, Procedure for Settlement of Forcibly Displaced Persons. 106 Articles 28 and 31 of the Constitution of the Republic of Azerbaijan, 12 November 1995. 107 Article 6, Law of the Republic of Azerbaijan on the “Status of Refugees and Persons Forcibly Displaced inside the Country”, 21 May 1999. 108 Article 14, Low of the Republic of Azerbaijan on the “Status of Refugees and Persons Forcibly Displaced inside the Country” 109 Law of the Republic of Azerbaijan on the “Status of Refugees and Persons Forcibly Displaced inside the Country”, 21 May 1999, 41

INTERNAL DISPLACEMENT

• granting within the time determined in the Law110 of refugee or FDP status; • the reimbursement of losses incurred. In practice, this issue of reimbursements can only be raised after the settlement of the conflict; • right of return to the former place of residence in dignity. The execution of this article of law is impossible until a settlement of the conflict is reached; • persons granted refugee status shall enjoy the rights and have the duties stipulated for foreigners and stateless persons by the legislation of Azerbaijan.

7.4 APPEAL TO COURT

A person recognized as an IDP has a right to appeal to court for reimbursement of financial and other damages as well as for reimbursement of financial and other costs. Additionally, a FDP may appeal to the appropriate court for redress in the case of violation of protected rights.111

7.5 NORMATIVE BASIS ON STATUS IDPS

The national normative bases of the legal status and other matters concerning FDPs consists of the:

• Constitution of the Republic of Azerbaijan; • Law on “ the Status of Refugees and Persons Forcibly Displaced inside the Country”; • Law on “ Social Protection of forcibly Displaced Persons and Persons Comparable to Them”112; • Decree of the President of the Republic of Azerbaijan on Application of the Law of the Republic of Azerbaijan “On Social Protection of Forcibly Displaced Persons and Persons Comparable to Them”113; • Decree of the President of the Republic of Azerbaijan on Application of the Law of the Republic of Azerbaijan “On the Status of Refugees and Persons Forcibly Displaced inside the Country”114; • State Program of Resolution of Problems of Refugees and Forcibly Displaced Persons115; • Procedure for Providing Lump Sum, Regular Monetary Assistance, Food and Industrial Products to Forcibly Displaced Persons116; • Procedure for Settlement of IDPs in Residential, Administrative, Auxiliary or Other Premises that are Suitable for Living or Capable of being Transformed into Suitable for Living Conditions117; and • Procedure for Providing IDPs with Land for Agriculture.118

110 Article 12, Law of the Republic of Azerbaijan on “the Status of Refugees and Persons Forcibly Displaced inside the Country”, 21 May 1999. 111 Article 6, Law of the Republic of Azerbaijan on “the Status of Refugees and Persons Forcibly Displaced inside the Country”, 21 May 1999. 112 Dated 21 May 1999. 113 Dated 8 July 1999. 114 Dated 8 July 1999. 115 Approved by Presidential Order of September 17, 1998. 116 Approved by the Cabinet of Ministers’ Decree of December 6, 1999. 117 Approved by the Cabinet of Ministers’ Decree of December 24, 1999. 42

INTERNAL DISPLACEMENT

• Relevant extracts of the law on State Fee; • Relevant provisions of the labour code; • Law on the Provision of Pension to citizens (extracts); • Law on Citizenship of Republic of Azerbaijan (extracts); • Relevant provisions of the law on Children Rights; • Extracts from the Tax Code; • Extracts from the Criminal Process Code; • Extracts from the Civil Process Code; • Provisions from the Criminal Code; • Provisions of the Election Code; • Extracts from the Administrative Violations; • Presidential Decree on Waiving IDP Students from the Tuition Fee at State Universities and High Schools; • Charter (basic regulations) of the State Committee on Refugees and FDPs; • Regulations on rules of Inhabitance of IDPs at Public Places; • Rules for removing IDPs to another place of residence; • On the Implementation of the Regulation on Rules For Providing IDPs with Lump Sum Money, Food Products And Goods; • On the Collegiums of the State Committee for Refugees and IDPs • Presidential Decree on Replacement of IDP Privileges on Communal Expenses, Transportation and other Services with Money Compensation; • Additional provisions to the Presidential decree on Replacement of IDP Privileges on Communal Expenses, Transportation and other Services With Money Compensation.

118 Approved by the Cabinet of Ministers’ Decree of April 17, 2000. 43

ASYLUM

8.ASYLUM

8.1 PREFACE

Severe conflicts, between or within countries and other types of violence and threats may increase the vulnerability of civilian populations and encourage the violation of personal rights. When states are unable or unwilling to protect their citizens from persecution, individuals may be forced to leave their homes jobs and social life and to cross the border of their home country to seek safety in another country.

The international community then becomes responsible for ensuring the basic rights of the individual, since they no longer enjoy the protections of any state. This responsibility is formalized in the 1951 UN Convention relating to the status of refugees (and its 1967 Protocol), which has also been signed by the Republic of Azerbaijan. In addition to this Convention, Article 14 (1) of the Universal Declaration of Human Rights further provides that “everyone has the right to seek and enjoy in other countries asylum from persecution”.

In the 1951 Convention the states-party in Article 1 (a) (2) agreed upon a common definition of a refugee “as a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country …”

The most important right in this Convention is the principle of non- refoulement which declares that “no contracting state shall expel or return a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion’. This implies that no refugee (whether with or without documents) can be denied entry or the possibility to make a claim for refugee status in the host country and that refugees can not be expelled or forcibly returned from the country of asylum to their country of origin where their security is in danger.

In order to determine whether an asylum seeker is in fact a refugee according to the terms of the 1951 Convention, governments should set up refugee status determination procedures. In the absence of a functioning government agency, the UN High Commissioner of Refugees (UNHCR) assumes this role. During the status determination procedure, information is gathered through a lengthy interview with the asylum applicant and an evaluation is done of the country of origin. This information is then assessed according to the criteria set forth in the Convention.

Once asylum status has been granted, the rights and physical security of the asylum seeker must be protected so that he or she can settle adequately in the country of asylum while awaiting a solution to the problem. Possible solutions are voluntary repatriation to the country of origin, integration in the country of refuge or, in case that return home in the foreseeable future is not possible, third-country resettlement. Third-country resettlement

ASYLUM involves the transfer of refugees from the country in which they sought refuge to another country that has agreed to admit the refugees. In case the authorities in the country of refuge are unable or unwilling to provide effective protection, or the refugees may be threatened with refoulement, resettlement becomes a principal objective.

8.2 PROCEDURES AND REQUIREMENTS FOR ASYLUM APPLICATION

Azerbaijan has committed itself to the terms of the Geneva Convention of 1951, which is reflected in the Law on “ Status of Refugees and IDPs (Internally Displaced Persons)” 21 May 1999 and the Presidential Decree on the Rules for Examination of Applications of Refugee Status - National RSD Procedure (13 November 2000). Both the law and the decree describe the procedures and requirements for asylum applications in Azerbaijan.

Entry: Although asylum seekers should enter, like all entrants to Azerbaijan, through regular, established border checkpoints, Article 5 of the Law on Refugees and IDPs119 states that refugees who do not enter the country at these regular border checkpoints “…shall be exempted from amenability envisaged in the legislation….”.

Submitting the application: At the border or after arrival in the country, refugees are obliged to submit as soon as possible and in person120, their asylum application, either to officials at the border checkpoint or through the government bodies (MIA, MNS, SBS and their structural departments, as well as Executive Committees) to the State Committee for Refugees and IDPs of the Republic of Azerbaijan (SCR).121 Within the SCR, a specialized unit, the Refugee Status Determination Department (RSDD), considers the applications.

To apply for refugee status, an applicant must submit a special form (obtained from SCR), indicating the reasons for his or her application for refugee status, information about himself or herself, as well as about his or her dependents (including the persons under his/her care), family members, their country (of origin), place of birth, and social status. This form must be submitted, together with the travel documents and identity cards, to SCR. Incompleteness of these documents will not affect the decision on approval of refugee status. SCR registers the application for refugee status upon its receipt.

The interview: Authorised staff of SCR should interview the person filing an application for refugee status. The interview is conducted individually and the content is not disclosed. During the interview, the person has to provide information about the factual circumstances motivating his or her intention to obtain refugee status, about the locations he or she has lived, movement routes, reasons for staying in the territory of other countries, and his or her attempts to obtain refugee status in those countries of temporary residence. Based on the results of the interview, SCR makes a decision on further review or rejection of the lodged application.122

119 Refugees are not always in the position to cross the border through the regular border crossings due to the harsh conditions they are often fleeing from. 120 If the person is, because of personal health or other reasons, unable to lodge an application in person s/he can submit the application along with the required medical documents certifying illness through his/her authorised person (trustee, lawyer etc). 121 Article 1, National RSD Procedure, 13 November 2000. 122 Article 1, National RSD Procedure, 13 November 2000. 45

ASYLUM

If the person lodging an application for refugee status refuses to give information about himself or herself or intentionally gives false information about the reasons of obtaining refugee status, then review of his or her application will be suspended and the lodged refugee status application will be rejected in compliance with existing legislation.

Until the decision about the refugee status is made, the applicant will be placed in a temporary accommodation centre while the information given by the applicant is verified for its correctness. If a positive decision is made upon initial review of the application for refugee status, the applicant and his or her family must be, within 24 hours of the positive decision, provided with a specially formatted temporary certificate valid until the final approval is made by SCR. Information about children under 16 must be entered in the certificate of one of the parents; in case of absence of the parents, it should be entered in the certificate of the guardian or relatives who take voluntary responsibility for this child.

Applicants and his or her family members lodging application for refugee status must undergo a free medical and sanitation check. Applicants and their families may be required by the epidemiological control bodies, in case of necessity, to undergo a sanitary cleaning process, laboratory analyses and prophylactic vaccination at border check points (when crossing the state border).

8.3 DECISIONS REGARDING APPLICATION

SCR reviews the Personal File (consisting of the application forms, blanks, questionnaires (from interview), medical examination certificates and other documents123 of the person applying for refugee status under the 1951 Convention. Within a month of the registration date of application, SCR sends it to the MIA and MNS for further review. The MIA and MNS undertake an investigation and within a month furnish the information collected to SCR.

SCR must take a decision on the applicant’s refugee status within a maximum of 3 months from the date of registration of the application for the refugee status by SCR. SCR must provide a written statement of its decision and in the case of rejection, additional information including the rules for appeal. Within 5 days of its decision, SCR must send a copy of its decision to the MIA and the UNHCR office in Azerbaijan.

123 National RSD Procedure does not define “other documents”. In practice, it means all other documents that are presented by principal applicant to the SCR in support of his case.

ASYLUM

8.4 ASSISTANCE GRANTED BEFORE THE ACCEPTANCE OF ASYLUM APPLICATION

Until a decision is rendered about an applicant’s refugee status, s/he will be placed in a temporary accommodation centre while the information given by the applicant is verified for its correctness. These persons are provided with an advocate by the state.

According to Article 11 of the Law on Refugees and IDPs, applicants for refugee status have the right to:

• temporary residence on the territory of Azerbaijan; • use of an interpreter, free of charge; • temporary employment; • obtain medical care; • use of living space at the temporary accommodation settlement, which is provided until the refugee status granting procedure is completed, but no case longer than 3 months; • freely practise his/her religion; • be in contact with the UNHCR;

8.5 ACCEPTANCE OF ASYLUM APPLICATION

When taking decision to examine an application for refugee status, the SCR shall, within 24 hours prior to examination of the application, issue the applicant and members of his or her family special temporary identification certificates.

A person under 16, who applies for refugee status and arrives in the Republic of Azerbaijan without parents and custodian, shall also be issued the temporary certificate.124

A favourable resolution of the application results in the recognition of refugee status for the applicant and his or her relatives. Successful applicants and their families also receive a "Refugee Card" and, in compliance with the 1951 Convention on Refugee Status, are provided with travel documents allowing them to travel beyond the borders of Azerbaijan. Upon receipt of the "Refugee Card", the temporary identification certificate is to be collected back by SCR and placed in the applicant’s Personal File. Chapter 4, paragraph 4.2.1 the describes rights and obligations of refugees residing in Azerbaijan.

8.6 DENIAL OF ASYLUM APPLICATION AND RELEVANT CONSEQUENCES

Refugee status will not be granted if125:

• as established by international legislation, the applicant for refugee status is held guilty of committing a crime or a military crime against peace or humanity; • the applicant for refugee status has committed a serious crime of a non-political character before arriving to Azerbaijan;

124 Rules to Examine Applications for Refugee Status, 13 November 2000. 125 Article 2, Law of the Republic of Azerbaijan on “Refugees and IDPs”, 21 May 1999.

ASYLUM

• the person has been found guilty of committing acts against UN objectives and principles.

In case of rejection of refugee status, SCR shall issue a written decision to the applicant within five days of its decision. SCR will also include the rules for appeal. At the same time, this information shall be forwarded to the MIA, MNS and SBS.

The decision on rejection of the application can be judicially appealed (i.e., the applicant can challenge the rejection in a court). Submission of a complaint to a court shall postpone all action regarding expulsion of the applicant from the territory of the Republic of Azerbaijan.

8.7 THE REFUGEE STATUS DETERMINATION DEPARTMENT

The Refugee Status Determination Department (RSDD) of the SCR is responsible for the implementation of the above procedures. This Department was established in November 2001. In accordance with the agreement concluded between UNHCR Baku and the Government of Azerbaijan in 2001, the personnel of the RSDD of the State Committee for Refugees was jointly selected by UNHCR/GoAz. Before May 2003, the RSDD was in the development phase and shared premises with UNHCR. This was implemented in order to ensure that on-the-job training was provided to the RSD staff until the handover takes place in 2004. In May 2003, the RSDD moved to new premises and UNHCR eligibility interviews were conducted in the new office of the RSD Unit to continue the on-the-job coaching process. Prior to this, asylum applications were submitted to and the RSD procedures were implemented by UNHCR.

In January 2004, the RSD Department of SCR started independent registration and processing of asylum applications of non-Chechen asylum seekers. Chechen asylum seekers are only registered by UNHCR that issues them as well a letter of protection when applicable.

COMBATING TRAFFICKING AND SMUGGLING

9. COMBATING TRAFFICKING AND SMUGGLING

9.1 PREFACE

One of the main components of migration management is the establishment of a system of civil mechanisms and criminal sanctions to control irregular migration, especially with regard to the trafficking and smuggling of human beings. The practices of smuggling and trafficking are closely interrelated, but differ in terms of conditions and consequences.

In general, smuggling involves the organized movement of persons into a national territory against the law of the receiving state. Trafficking is a subset of smuggling that further involves the use of force, fraud, coercion or exploitation directed against the migrants.

The international recognition of the issue of trafficking in human beings goes back to 1949, when the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, was adopted by the UN. The signatories of the Convention agree to take a number of steps, including the:

• enactment of such regulations as are necessary for the protection of immigrants or emigrants, in particular women and children, both at the place of arrival and departure, and while en route; • arrangement of appropriate publicity warning the public of the dangers of trafficking; • taking of appropriate measures to ensure supervision of railway stations, airports, seaports, and other public places en route in order to prevent international trafficking in persons for purposes of prostitution; • taking of necessary measures to inform the appropriate authorities of the arrival of persons who appear, prima facie, to be the principals and accomplices in, or victims of, such traffic.

In more recent years, the international community has devoted greater attention to the problem as the number of both trafficking and smuggling cases rose. This increased attention was formalized by a treaty and two subsequent protocols specifically targeting organized crime. The UN Convention against Transnational Organized Crime and its subsequent Protocols, describing the phenomena and the necessary actions to be undertaken by the States-party now serve as the core agreement between states to combat trafficking and smuggling in human beings.

In this treaty “trafficking” is described as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of

COMBATING TRAFFICKING AND SMUGGLING sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.126

In addition to the Protocol on trafficking in persons, which supplements the United Nations Convention against Transnational Organized Crime, the Government of the Republic of Azerbaijan signed and ratified another protocol on smuggling, entitled the “Protocol against the Smuggling of Migrants by Land, Air and Sea”. Article 3 of this Protocol defines smuggling as follows:

“Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit from the illegal entry of a person into a State Party of which the person is not a national or permanent resident.

Article 6 of the Protocol further details and criminalizes those who committed intentionally and in order to obtain, directly or indirectly, a financial or other material benefit from: (a) The smuggling of migrants; (b) Committing for the purpose of enabling the smuggling of migrants: (c) Producing a fraudulent travel or identity document; (d) Procuring, providing or possessing such a document; (e) Enabling a person who is not a national or a permanent resident to remain in the State concerned without complying with the necessary requirements.

Moreover, the Protocol specifies that attempts at smuggling, even if unsuccessful, shall be deemed violations.

9.2 TRAFFICKING

In 1996, Azerbaijan joined the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, followed by active participation in drafting the Protocol in Palermo, after which Azerbaijan joined the Trafficking Protocol in December 2000, which was ratified by the Milli Mejlis (Parliament) in May 2003.

These UN Conventions stood at the base of Azerbaijan’s National Action Plan Against Trafficking in Human Beings which was adopted and endorsed by Presidential Decree on 6 May 2004. The purpose of the document is to suggest a co-ordinated range of actions, which are complementary and will provide the government of Azerbaijan with the appropriate tools to prevent the spread of human trafficking, and to effectively prosecute criminals and protect its actual and potential victims.

Essential measures, identified by the National Action Plan include improvement of the legal framework, assignment of a National Coordinator, creation of a special police department against human trafficking (hereinafter “Special Police Anti-Trafficking Squad”) under the Ministry of Internal Affairs of the Republic of Azerbaijan, and ensuring the protection of victims and supposed victims of human trafficking crimes.

126 Article 3, Supplementary Protocol to the UN Convention against Transnational Organized Crime, Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, (Palermo Protocol), 15 November 2000.

COMBATING TRAFFICKING AND SMUGGLING

9.2.1 LEGAL FRAMEWORK

One of the goals of the National Action Plan is to bring the Republic of Azerbaijan legislation into line with the respective UN Conventions and supplementary Protocols, and other international documents in the sphere of combating human trafficking, as well as making amendments to the Constitution of the Republic of Azerbaijan with regard to recognition of human trafficking as a criminal act in accordance with the above documents.

The National Action Plan also promotes the adoption of a law on combating human trafficking, in order to ensure: identification of general principles of the fight against human trafficking, a framework for its arrangement, and the responsibilities of authorities fighting against human trafficking; implementation of preventive measures on human trafficking; physical, psychological and social rehabilitation and repatriation of victims of such crimes; and accomplishment of other tasks set out in the National Action Plan.

Currently, the Criminal Code identifies a number of articles as acts that constitute trafficking and sexual exploitation127, but does not yet envisage separate articles directly covering the issue of trafficking. The NAP foresees in inclusion of articles in the Criminal Code considering attraction of persons into prostitution with the purpose of trafficking as aggravated crime.

According to the “Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others”, ratified by Azerbaijan, signatories are obliged to punish every person who commits any of the following crimes128:

• perpetration into prostitution, even in case of person’s consent; • exploitation of prostitution, even in case of person’s consent; • management, entertainment and/or financial involvement in a brothel; • leasing or renting a building, other premises or a part of it, while conscious of the third party’s purpose to utilize these premises as a brothel.

Article 243 of the Criminal Code of Azerbaijan states that involving any person in prostitution, regardless of age, is a felony. Sub-section 1 of Article 243 deems criminal the act of involving another person in prostitution if it is accomplished by force, threat, property destruction or damage, deception, or for profit. Furthermore, if this offence is committed by taking advantage of the physical or mental disability of the victim (sub-section 2.1) or by an organised group (sub-section 2.2), it is considered to be an aggravated crime.

Although prostitution per se is not considered a criminal offence and, consequently, is not addressed in the Criminal Code, it is deemed an administrative offence.85 While involving another person in prostitution is considered a felony, there is no explicit correlation

127 Article 106 (slavery, including sexual slavery), Article 108 (sexual abuse), Article 150 (violence of a sexual nature), Article 151 (forcible sexual activity), Article 152 (sexual intercourse or activity with a minor under the Articles 1 and 2 of the Convention. 128 Article 308 of the Code on Administrative Offences of the Republic of Azerbaijan stipulates, in general, less severe punishments (e.g., fines or detention versus prison sentences) for legal offences than does the Criminal Code.

COMBATING TRAFFICKING AND SMUGGLING between prostitution and trafficking in the Criminal Code and no provisions are made regarding trafficking in women for purposes of prostitution.

The Criminal Code contains no provisions that penalise keeping, managing, financing or taking part in financing a brothel or leasing or renting a building or other premises for the purposes of establishing a brothel. Article 244.1 of the Code considers the “establishment, running of brothels for prostitution or leasing premises for these purposes” as socially dangerous. “Managing and/or financing of the brothel” are not contemplated by Article 244.

Articles 106 (slavery) and 108 (sexual abuse) detail the punishment imposed on perpetrators of such crimes; however, a commentary to Article 103 states that provisions of Articles 103 through 111 shall apply only if the crimes described in those articles are committed against civilians in armed conflicts, large-scale military operations or guerrilla wars. They cannot therefore be applied under any other circumstances, although the Ministry of Justice has suggested that Parliament reconsider the armed conflict clause and apply these articles universally. The experts of the MFA of the Republic of Azerbaijan have made recommendations on this issue.

Trafficking in persons, (regardless of accomplished by threat, coercion, theft, gangsterism, fraud, abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, recruitment, transportation, transfer, hiding and purchase of persons for the purpose of exploitation) is most often realized through seizure of the person’s documents (ID cards and international passports). Aggravated criminal responsibility for the seizure and maintenance of another’s identity and/or travel documents should be instituted to prevent such occurrences.

Finally, as trafficking in persons is widely recognised to be an organised crime committed by both local and international networks, provisions to prosecute and sentence organized criminal gangs for trafficking offences should be instituted as well.

9.2.2 PROTECTION, REPATRIATION AND REINTEGRATION OF VICTIMS OF TRAFFICKING

The National Plan of Action promotes the recognition of victims of human trafficking as aggrieved persons and adoption of normative acts ensuring their safety and rights. It also foresees in the establishment of a secure accommodation to protect victims, suspected victims and witnesses, help them, meet their relevant needs, and create a safe environment for those persons. Secure accommodation shall also ensure suitable conditions for rehabilitation and reintegration. At the same time, secure accommodation shall provide a safe environment to the victims awaiting their repatriation and that of witnesses that have presented evidence. Protection of the accommodation and victims placed therein shall be carried out by the Special Police Anti-Trafficking Squad and other police bodies performing security functions.

A help line will be created to provide a free of charge and permanent (7 days a week, 24 hours a day) communication service for victims and potential victims of human trafficking crimes.

COMBATING TRAFFICKING AND SMUGGLING

Implementation of the National Plan of Action started beginning of 2004. The above mentioned initiatives are expected to be realized in the months to come.

9.3 SMUGGLING

The Criminal Code of the Republic of Azerbaijan does not envisage a. According to the Government of Azerbaijan, inclusion of an article in the Criminal Code is important. This articles shall not apply to the subjects of smuggling who violated the state borders as long as they did not commit any other criminal offence. There are several articles in the legislation that stipulate different elements of the smuggling process. For instance, in most of the cases, the smuggling process involves the preparation of fraudulent documents for migrants. Article 320 of the Criminal Code provides penalties for the “production, sale and use of forged official documents, national awards, seals, stamps and letterheads, and use of forged documents, known by the user to be counterfeit”.

Given the limited legal opportunities for migration, potential migrants often depend heavily on smugglers in their efforts to move abroad. Benefiting from this situation, smugglers, who sometimes operate under the umbrella of travel and emigration agencies, provide migrants with false information about working opportunities abroad.

The Law of the Republic of Azerbaijan on Labour Migration clearly indicates the terms and conditions of working abroad.

Article 12 of the Law states that citizens of the Republic of Azerbaijan can be employed abroad through individual invitation from a foreign physical or legal entity, either by private arrangement, or with the assistance of a legal entity that has state registration in the Republic of Azerbaijan.

Citizens of the Republic of Azerbaijan engaged in any work abroad should register with the diplomatic mission of the Republic of Azerbaijan in the host country and submit an official document certifying his or her employment status abroad within one month starting from the first day of arrival. Diplomatic missions of the Republic of Azerbaijan should inform the relevant government executive bodies in the Republic of Azerbaijan within one month from the date of receiving the information from the person. In the case of absence of a diplomatic mission of the Republic of Azerbaijan in the country of employment, citizens of the Republic of Azerbaijan should send official documentation of their employment to the relevant government executive structures in the Republic of Azerbaijan within one month from the first day of arrival.

Article 13 of the Law further states that only legal entities, which have state registration in the Republic of Azerbaijan, are authorized to assist citizens of the Republic of Azerbaijan in finding employment abroad. The legal entity should provide information on citizens of the Republic of Azerbaijan whom they have helped to gain employment abroad, to the relevant government executive structures.

1. MIGRATION POLICY MIGRATION POLICY

THE STATE MIGRATION MANAGEMENT POLICY CONCEPT OF THE REPUBLIC OF AZERBAIJAN

Migration management is of great importance in context of the country development and national security. One out of every 35 human beings is an international migrant. This means 175 million people or 2,9 per cent of the world population. These figures confirm once more that migration is herewith one important indicator for world globalisation, and characterises a process of humanity on the move.

As the migration policy of the former USSR based on totalitarianism ignored economic, ethnic, historic and natural peculiarities of republics and regions, internationally recognized basic human rights and freedoms, as well as migrant rights were regularly violated.

Together with this as a result of the planned policy of Armenia on ethnic purge applied in 1988-1992, 250,000 ethnic Azerbaijanis were forced to leave their historic lands in Armenia and found refuge in Azerbaijan. Meantime about 50,000 Meskhetian Turks were deported from Central Asia and found asylum in Azerbaijan.

As a result of military aggression by Armenia against Azerbaijan since 1988, 20% of the territories of Nagorno Karabakh of Azerbaijan, as well as 7 adjacent regions were occupied and 60,000 ethnic Azerbaijanis from Nagorno Karabakh and more than 600,000 persons from other regions were dispossessed of permanent residential places.

In addition about 100,000 Azerbaijanis from localities of Nakhchivan Autonomous Republic, Aghstafa, Gazakh, Tovuz, Aghjabadi, Gadabay, Goranboy and Tartar close to the border with Armenia were exposed with military aggression and forced to leave their homes.

So unleashing of conflicts on the territory of the former USSR after 1988, existence of more than 1mln. refugees and IDPs in Azerbaijan, disruption of economic relations which existed for many years, internal political opposition in the first years of independence, the social and economic instability typical of the transition period, the military aggression of Armenia and other reasons caused the forced displacement and mass spontaneous movement of the population that made migration processes complicated, and required immediate measures to be taken at the national level.

The reforms aimed at the development of a market economy in Azerbaijan, the contracts signed with leading international companies and already bringing effect, revival of Silk Route and the advantageous geopolitical location of Azerbaijan, caused intensification of migration flows into the country.

From this point of view Azerbaijan has an important objective to adopt a state migration management policy that would serve the national interests and comply with international standards and also to develop and improve a national migration management system based on that policy.

The objective of the Concept is to evaluate the current migration related situation and to formulate the management policy.

1. MIGRATION POLICY

1. THE CURRENT MIGRATION RELATED SITUATION IN

AZERBAIJAN

Depending on the reasons for its occurrence, the methods of regulation and ways of addressing the internal and external migration incorporating various generic types of migration exist in Azerbaijan.

1.1. Internal migration

Internal migration takes place in Azerbaijan mainly in the following ways:

• Forced migration • Social-economic migration

The main subjects of in-country forced migration are forced migrants from Nagorny Karabakh and adjacent regions occupied as a result of the Armenian-Azerbaijani conflict as well as from border regions with Armenia, ecological migrants forced to change their place of residence due to the rise of the level of the Caspian Sea, landslides, floods and other natural disasters, as well as to the salinization of land sites because of a lack of funds and equipment for irrigation engineering and active working population as social-economic migrants directed from rural areas to towns and cities particularly to Absheron agglomeration where Baku is located for the relatively larger job opportunities.

1.2. External migration

The following categories of migrants involved in emigration and immigration are subjects of external migration in Republic of Azerbaijan:

• refugees • refugee status claimants and asylum seekers • migrants in refugee-like situations • migrant workers • transit migrants • irregular migrants

Azerbaijan was the first country among the former Soviet republics which had to face a population displacement problem.

The first flow of refugees arrived as a result of the planned policy of Armenia on ethnic purge applied in 1988-1992 when ethnic Azerbaijanis were forced to leave their historic lands in that country.

Together with this Meskhetian Turks deported earlier from Georgia and settled in the republics of Central Asia were forced to flee as a result of ethnic conflict in 1990 in the region and to move to to Azerbaijan as refugees.

In addition there are about 11,000 refugee status claimants and asylum seekers in Azerbaijan from the Islamic Republic of Iran, Russia, Afghanistan and Iraq.

Investment to the national economy since 1994 promoted to the immigration of foreign labor force while transition to the new economic system and occupation of 20% of the territories resulted in emigration of Azerbaijani citizens for job abroad. But since 1998 some noticeable achievements have been made in the field of labor migration management.

1. MIGRATION POLICY

However there are irregular migrants in the country, i.e. foreigners working or staying in Azerbaijan in violation to the requirements of the related legislation.

According to the Constitution of Azerbaijan and other normative and legal acts all the conditions required for legal exit and entry of any person have been created in our country. It should be noted that if in the early years of independence the flow of emigrants from our country had to some extent a political, national and ethnic nature, the main reason of present emigration is economic motives. As prior to independence, Azerbaijan had an inter- dependent economy with other Soviet republics and these republics, especially Russia, Ukraine and Kazakhstan were main destination countries for emigrants from Azerbaijan. Together with this Turkey, Germany, the Netherlands, Poland, Canada and Israel prevail among other countries for migrants from Azerbaijan.

Labour migration comprises the major part of migration flows into Azerbaijan. While the economy of the country is developing, the number of foreigners at the internal labor market is increasing. However the accurate statistics on their number is not available, as reports submitted to the official statistics agency about foreigners working in foreign companies and in entities established by such companies do not fully reflect the real situation with employment of foreigners at the national labor market. The real number of foreigners employed in Azerbaijan is much bigger than reported.

Analysis of the migration patterns in Azerbaijan reveals its specific features urging to take measures for its management by government while observing national interests of the country and complying with international standards. For this purpose since 1997 the Government of Azerbaijan in cooperation with the International Organization for Migration has been implementing the special Program on Capacity Building in Migration Management. Within this program achievements have already been made in the state policy formulation, development and improvement of the national migration related legislation, in simplification of the border crossing procedures and in registration of the forced migrants.

A number of activities have been carried out and possibilities to sign the Readmission agreements with Western European countries have been considered within the Cluster Program implemented in cooperation with IOM to assist in voluntary return of Azerbaijani citizens staying in illegality abroad. This process is ongoing.

In 2001 the State Committee on Refugees and IDPs in cooperation with UNHCR office in Azerbaijan established Department on Refugee Status Determination to grant relevant status to refugee status claimants and asylum seekers.

After the acts of terror of 11th September the issue of improvement of the migration management was prioritized. The National Action Plan to Combat Trafficking in Persons was developed in cooperation with IOM and OSCE, on February 20, 2003 the President signed a Decree No254 approving the State Program on Poverty Reduction and Economic Development of Azerbaijan that provides important actions in the field of migration such as establishment of the Migration Information Center and development of the State Migration Program.

2. OBJECTIVES, PRINCIPLES AND TASKS OF THE MIGRATION MANAGEMENT IN AZERBAIJAN

2.1 Objectives

The objectives of migration management in Azerbaijan are to provide national security, sustainable social, economic and demographic development; to use effectively the labor resources; to settle population rationally in the country; to provide secure and safe return of refugees and IDPs after the settlement of the Nagorny Karabakh conflict; to ensure the

1. MIGRATION POLICY establishment of operational national asylum system corresponding with international standards; to apply intellectual and labor capacities of migrants; to eliminate negative impacts of the irregular migration; to prevent illegal migration including trafficking in persons; to study the reasons of unpredicted migration influx and prepare comprehensive prevention measures.

In general this Concept is a flexible and balanced guidance offering the capacities required for Azerbaijan to achieve mentioned objectives in accordance to international standards.

2.2 The main principles:

• Protection of migrants rights and freedoms while observing international legal norms and principles; • Provision of state security and protection of national interests of Azerbaijan; • Protection of migrants rights as well as protection from any stigmatization, xenophobia, discrimination, trafficking in human beings, especially in women and children; • Addressing concern of migrants from various categories in proper way; • Provision of financial and legal assistance to refugee status claimants and asylum seekers by international organizations and government, creation conditions for the migrants self-reliance and arrangement of their volunteer return to home or 3rd countries; • Provision of state assistance to forced migrants, creation conditions for the migrants self-reliance and encouragement of their volunteer return to places of permanent residence; • Consideration of social and economic development of the country while managing of migration especially labor migration; • Consideration of intergovernmental and international cooperation on human rights and freedoms protection as well as newly revised European Social Chart requirements as an essential factors in the migration management.

2.3 Main tasks

2.3.1 In the sphere of foreign policy:

• Development of cooperation with other states and relevant international organizations for the prevention of all forms of illegal migration especially trafficking in persons; • Provision of national interests of Azerbaijan in development, conclusion, implementation and denunciation of the international protocols; • Protection of the rights and freedoms of Azerbaijani citizens residing abroad; • Development and application of relevant mechanisms on provision financial and other assistance to refugee status claimants and asylum seekers in Azerbaijan; • Conclusion international agreements on: - Readmission (return of Azerbaijani citizens illegally residing abroad as well as of foreigners illegally residing in Azerbaijan); - Safeguard for refugee status claimants/asylum seekers and protection their rights; - Determination of exit/entry rules; - Protection of migrant workers social and economic rights considering special status of migrant women and children; - Provision to Azerbaijani citizens residing abroad of status similar to that of local population including respectful attitude to their national, religious and cultural links with Azerbaijan; - Data exchange on Azeri citizens residing abroad, as well as on international migration legislation, migrants protection, advanced immigration control and passport/visa technologies; - Labor migration and social protection of the migrant workers with the countries where Azerbaijanii citizens are employed; 57

1. MIGRATION POLICY

- Combating all forms and developments of irregular migration including trafficking in persons.

2.3.2 In the sphere of legislation:

• Improvement of the migration legislation to comply with international acts which Azerbaijan is signatory; • Development of criminal and administrative charges for the migration related offences; • Improvement of migrants registration and recording systems; • Unification, computerization and systematization of the passport/visa, taxation and customs, border and immigration control technologies.

2.3.3 In the sphere of information and science:

• Provision of scientific study and monitoring on migration flows in Azerbaijan; • Development and distribution of information bulletins on procedures of legal migration to Azerbaijan as well as to other countries; • Organization of training for officers of migration related agencies; • Organization of migration related data exchange among relevant state agencies.

2.3.4 Organizational events:

• Development and improvement of the passport/visa system; • Establishment of mutual cooperation between related executive authorities involved in migration management; • Development of NAPS and improvement of migrant registration and recording based on this System.

2.4. Main directions of activities

2.4.1.Improvement of the migration management system in Azerbaijan:

• Monitoring over migration processes in Azerbaijan and prevention of irregular migration; • Taking actions on expulsion of irregular migrants from Azerbaijan and on returning to their countries of origin/residence; • Improvement of activities of local executive authorities dealing with migration management and their coordination with other related executive agencies; • Development and implementation of the comprehensive programs on prevention of infectious disease transmission and distribution by migrants; • Tightening the charges against heads of entities, irrespective of its status employing illegally foreign labor force; • Implementation of national encouragement events aimed at prevention of high skilled persons emigration/brain drain; • Establishment of the Migration Information Center to provide citizens with migration related information; • Setting up annual immigration, including labor migration quota for the country.

2.4.2 Creation conditions for social integration of the internal forced migrants

• Enhancement of state assistance to forced migrants such as accommodation, social and municipal services, on their integration to the labor market and on protection other constitutional rights; • Enforcement of actions on provision displaced persons with state assistance;

1. MIGRATION POLICY

• Development of certain programs on contingency planning for evacuation of the population from ecologically threatened places for resettlement, as well as programs on adaptation and rehabilitation of such migrants;

2.4.3 Prioritization of qualified persons in attracting foreign labor force to Azerbaijan

• Application of the international expertise for upgrading of the national staff professional skills; • Consideration of the labor market, demographic and migration conditions in the various regions while drafting regional development programs; • Development and implementation of the plan of action aiming on adaptation and integration of immigrants.

2.4.4 Integration of Azerbaijan into international market and management of economic migration

• Protection of the internal labor market, involvement of the foreign labor force and enforcement of control on application of the foreign labor force; • Taking actions aimed at legalization of staying and employment of the foreign labor force in Azerbaijan and at their observance the local legislation including taxation laws; • Encouragement of smooth bank transfer of earnings (remittances) made by Azerbaijani citizens employed abroad as well as by foreigners working in Azerbaijan; • Creation conditions for employment of Azerbaijani citizens abroad and taking actions aimed at provision their social and legal rights; • Encouragement of return of high skilled Azerbaijani citizens who left the country permanently or were employed abroad under labor contracts; • Development of special programs on voluntary return and reintegration of Azerbaijani citizens staying in illegality abroad; • Establishment of close relations with the Azerbaijani Diaspora, provision of organizational assistance to them and use their capacities in protection of rights of the Azerbaijani citizens, working or permanently residing abroad and in solution of their problems.

2.4.5 Effective use of internal labor resources

• Prioritization of the internal labor resources in solution of problems on the population unemployment; • Development of mechanisms to encourage distribution of the active working population over the regions of country in order to keep a balance between regional labor markets; • Creation of jobs opportunities in the regions especially in highlands and near border regions through attraction of investments.

3. THE CONCEPT IMPLEMENTATION MECHANISM

Implementation of this Concept under the special State Program is provided.

The basic mechanisms of the Concept’s implementation are as follows:

• Improvement of migration related legislation of Azerbaijan; • Conclusion of international agreements on migration issues including on protection of rights for Azerbaijani citizens residing abroad, on readmission and on establishment exit/entry rules for citizens; • Development and implementation of certain actions on migration management within the special program frameworks approved by the Government of Azerbaijan;

1. MIGRATION POLICY

• Incorporation of activities on refugees, IDPs, refugee status claimants, asylum seekers and other forced migrants’ settlement as well as of activities aimed at solution of problems of the mentioned categories into the regional social and economic development programs; • Development of social and economic activities aimed at migration management considering the demographic, ecological, social and economic situation as well as geopolitical interests of the country; • Development and supprting of the system of creating effective jobs opportunities while implementing economic projects; • Development of the system on training of researchers (scientists) and specialists on migration; • Development of a network of agencies dealing with migration management and coordination of such agencies activities; • Creation of the unified state migration information system; • Development of cooperation with international organizations and related foreign state agencies in order to manage migration processes.

Note: Additions and changes related to social, economic and political development of Azerbaijan could be made to this Concept in the established way.

2. ABBREVIATIONS

ABBREVIATIONS

AZM Azerbaijan Manat BHPD Baku Head Police Department CCI Commission on Citizenship issues at the President of Azerbaijan CDMFA Consulate Department of Ministry of Foreign Affairs CE Council of Europe CIS Commonwealth of Independent States CM Cabinet of Ministers of the Republic of Azerbaijan EP European Parliament EUCJ European Union’s Council of Justice FANGOM Forum of Azerbaijan Non-Governmental Organisations on Migration FDP Forcibly Displaced Person GA United Nations General Assembly HIV/AIDS Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome ID Identification (Card) IDP Internally Displaced Persons IOM International Organization for Migration ME Ministry of Education of the Republic of Azerbaijan MFA Ministry of Foreign Affairs of the Republic of Azerbaijan MH Ministry of Health of the Republic of Azerbaijan MIA Ministry of Internal Affairs of the Republic of Azerbaijan MIA BHPD Baku Head Police Department MIA PRD Passport Registration Department of MIA MLSPP Ministry of Labour and Social Protection of Population of the Azerbaijan Republic MM Milli Majlis (Parliament) of the Republic of Azerbaijan MNS Ministry of National Security NGO Non-Governmental Organization NRC Norwegian Refugee Council OSCE Organization of Security and Cooperation in Europe RGIDP Representative of the UN Secretary - General on Internally Displaced Persons RSD (D) Refugee Status Determination (Department) SCR State Committee on refugees and IDPs of the Azerbaijan Republic SGCUM Special Governmental Commission on Unified Migration UNCHR UN Commission on Human Rights UNHCR United Nations High Commissioner for Refugees UN (UNO) United Nations Organization USSR Union of Soviet Socialist Republics

3. REFERENCE INSTITUTIONS

REFERENCE INSTITUTIONS

Consulate Department of Ministry of Foreign Affairs Shikhali Qurbanov Str. 4, tel.: 493 12 73; fax: 493 56 43, 492 69 03

Cabinet of Ministers of the Republic of Azerbaijan Lermontov Str. 68, tel.: 492 41 61; fax: 492 75 54

Forum of Azerbaijan Non-Governmental Organisations on Migration (FANGOM) Nizami Str. 101, tel.: 498 16 16; fax: 498 07 70

International Organization for Migration (IOM) Boyuk Gala Str. 43-a, tel.: 497 04 32; fax: 492 49 14

Ministry of Education of the Republic of Azerbaijan Khatai Ave. 49, tel.: 496 35 15; fax: 496 34 86

Ministry of Foreign Affairs of the Republic of Azerbaijan Shikhali Gurbanov Str. 4, tel.: 492 68 56; fax: 498 84 80

Ministry of Health of the Republic of Azerbaijan Kichik Deniz Str. 4, tel.: 493 29 77; fax: 493 82 33

Ministry of Internal Affairs of the Republic of Azerbaijan Hussi Hajiyev Str. 7, tel.: 490 92 22; fax: 492 45 90

Baku Head Police Department Mardanov Gardashlari Str. 39, tel.: 495 88 17; fax: 493 42 65

Passport Registration Department of MIA Rashid Behbudov Str. 85, tel.: 490 95 00, 490 94 01

Ministry of Labour and Social Protection of Population of the Azerbaijan Republic Governmental House (Hokumet Evi), 9th floor, tel.: 493 93 10, 498 71 77; fax: 493 94 72

Milli Majlis (Parliament) of the Republic of Azerbaijan Parliament Ave. 1, tel.: 498 97 48, 492 78 49; fax: 498 97 22

Ministry of National Security Parliament Ave. 2, tel.: 495 04 91; fax: 492 50 32

Organization of Security and Cooperation in Europe Muslim Magomayev Str. 4, Icheri Sheher, tel.: 497 23 73; fax: 493 23 77

Refugee Status Determination (Department) Movsum Sanani Str. 27, tel.: 41 69 55; fax: 41 67 78

State Committee on refugees and IDPs of the Republic of Azerbaijan

3. REFERENCE INSTITUTIONS

Tbilisi Ave. 57, tel.: 30 09 21; fax: 31 51 36, 30 09 35

United Nations High Commissioner for Refugees (UNHCR) Djafar Djabbarli Str. 30, tel.: 492 14 43; fax: 498 11 34

United Nations Organization (UN) UN 50th Anniversary Str. 3, tel.: 498 98 88; fax: 492 24 91

4. DIPLOMATIC MISSIONS OF AZERBAIJAN

DIPLOMATIC MISSIONS OF AZERBAIJAN

COUNTRY CITY TYPE AREA Austria Vienna Embassy, Permanent Austria, OSCE Representative to OSCE* Belarus Minsk Office of the Azerbaijani Belarus Embassy in Ukraine* Belgium Brussels Embassy Belgium Belgium Brussels Permanent Representative to NATO* NATO Belgium Brussels Permanent Representative to European Union European Union* Canada Ottawa Canadian Office of Canada Azerbaijani Embassy in USA Canada Ottawa Embassy Canada China Beijing Embassy China Egypt Cairo Embassy Egypt, Lebanon, Syria France Paris Embassy France France Strasbourg Permanent Representative to Council Council of Europe of Europe* Georgia Tbilisi Embassy Georgia Germany Berlin Embassy Germany, Switzerland, Netherlands, Luxembourg Greece Athens Embassy Greece Hungary Budapest Embassy Hungary India Delhi Embassy India Iran Tehran Embassy Iran Italy Rome Embassy Italy Japan Tokyo Embassy planned Japan Moldova Chisinau Moldavian Office of Moldova Azerbaijani Embassy in Ukraine Lebanon Beirut Honorary Consulate Lebanon Kazakhstan Astana Embassy Kazakhstan Kuwait Kuwait Embassy planned Kuwait Pakistan Islamabad Embassy Pakistan Poland Warsaw Embassy planned Poland Romania Bucharest Embassy Romania Russia Moscow Embassy Russia Russia St. Honorary Consulate* Russia Petersburg Saudi Arabia Riyadh Embassy Saudi Arabia Switzerland Geneva Permanent Representation to the UN UN and international organizations* Turkey Ankara Embassy Turkey Turkey Istanbul Consulate General Turkey Turkmenistan Ashgabat Embassy Turkmenistan 64

4. DIPLOMATIC MISSIONS OF AZERBAIJAN

Ukraine Kiev Embassy* Ukraine, Moldavia, Belarus U.A.E. Abu Dhabi Embassy United Arab Emirates U.K. London Embassy U.K., Kingdom, Ireland, Iceland, Sweden U.S.A. New York Permanent Representation to the UN UN* U.S.A. Washington Embassy U.S.A. Uzbekistan Tashkent Embassy Uzbekistan * No Visas Issuance

5. APPLICATION FORMS

APPLICATION FORM A: FACILITATED BORDER CROSSING

5. APPLICATION FORMS

APPLICATION FORM B: VISA ISSUANCE

АЗЯРБАЙЪАН РЕСПУБЛИКАСЫ ХАРИЪИ ИШЛЯР НАЗИРЛИЙИ REPUBLIC OF AZERBAIJAN MINISTRY OF FOREIGN AFFAIRS

ВИЗА АЛМАГ ЩАГГЫНДА ЯРИЗЯ APPLICATION FOR VISA

СОЙАДЫ АДЫ SURNAME NAME ЪИНСИ КИШИ/MALE ДОЬУМ ТАРИХИ ВЯ ЙЕРИ SEX ГАДЫН/FEMALE DATE AND PLACE OF BIRTH ВЯТЯНДАШЛЫЬ ВЯТЯНДАШЛЫЬЫ ДЯЙИШМИШДИРМИ? (ЯЭЯР ЩЯ, НЯ Ы ЗАМАН ВЯ ЯВВЯЛКИ ВЯТЯНДАШЛЫЬЫ) CITIZENSHIP HAS CITIZENSHIP BEEN CHANGED? (IF YES, WHEN AND PREVIOUS CITIZENSHIP)

РАСПОРТ № ЕТИБАРЛЫДЫР РASSPORT № VALID UNTIL ИХТИСАС (ЩАЗЫРКЫ ИШ ЙЕРИ ) PROFESSION (DETAILS OF PRESENT EMPLOYMENT)

СЯФЯРИН МЯГСЯДИ МЦДДЯТ ЭИРИШ САЙЫ PURPOSE OF DURATION OF № OF ENTRIES JOURNEY STAY ТЯК ИКИДЯФЯЛI ЧОХДЯФЯЛИ SINGLE DOUBLE MULTIPLE ГЯБУЛ ЕДЯН ТЯРЯФ (ТЯШКИЛАТ ВЯ ЙА ШЯХСИН АДЫ, ЦНВАНЫ) RECEIVER (NAME, ADDRES OF COMPANI OF PRIVATE PERSON)

ТЕЛ: PHONE: ИМЗА SIGNATURE ХИДМЯТИ ГЕЙДЛЯР / NOTE ВЕРИЛМЯ ТАРИХИ ВИЗАНЫН НЮВЦ DATE OF ISSUANCE МЦДДЯТ/ DURATION

5. APPLICATION FORMS

APPLICATION FORM C: TEMPORARY STAY

APPLICATION FORM FOR REGISTRATION OF FOREIGN RESIDENT AT PLACE OF RESIDENCE AND SOJOURN

I. Section to be filled by the foreign resident: You are kindly requested to register ______the foreign resident at place of stay, (“place of residence” or “sojourn” to be written here correspondingly) considering the information given below:

1. Foreign resident particulars: 1.1. Surname 1.2. Name 1.3. Middle name 1.4. Date of birth (day, month, year) 1.5. Sex 1.6. Country of origin 1.7. Occupation ("governmental officer", "businessman", etc.) 1.8. Duration of visa 1.9. Country of residence 1.10. Applicants signature II. Section to be filled by the relevant executive authority: a) Notes of the officer in charge of the relevant executive authority related to the foreign resident application form revision: 3. Name of the relevant executive 4. Date of the application form reception and its registration number authority 5. The following documents have been checked in the revision process: Name of documents number date of issuance authority that issued 5.1 Passport 5.2. Entry visa 5.3. Registration form of foreign resident 6. Particulars of the officer in charge who revised the data: 6.1. Surname, name and 6.2. Position 6.3. Signature 6.4. Seal middle name

7. Special notes

5. APPLICATION FORMS

APPLICATION FORM D: IDENTITY CARD PERSONS WITHOUT CITIZENSHIP UNDER 16

I. Section to be filled by the parent or legal representative of the stateless person: You are kindly requested to issue the identity card of the stateless person considering the information given below: 1. Identity card holder particulars: 1.1 Surname 1.2 Name 1.3 Father’s surname and name 1.4 Mother’s surname and name 1.5 Place of birth 1.6 Date of birth 1.7 Sex 1.8 Blood group 1.9 Country of origin 1.10 Place of residence 2. Applicant particulars: 2.1 Surname 2.2 Name 2.3 Middle 2.4 Relations with the 2.5 Place of name person without citizenship residence under 16 3. Applicants special notes 4. Applicants signature 5. Date II. Section to be filled by the relevant executive authority issuing the identity card: a) Notes of the officer in charge of the relevant executive authority related to the revision of the application form filled by the parent or legal representative of the stateless persons:

6. Name of the relevant executive authority 7. Date of the application form reception and its registration number 8. The following documents have been checked in the revision process: Name of documents number date of issuance authority that issued 8.1 Birth certificate 8.2 Health certificate 8.3 Document certifying the rights of the legal representative, if required 9. Notes related to the correspondence of the data about the stateless person to the documents submitted: 10. Particulars of the officer in charge who revised the data: 10.1 Surname, name and middle 10.2 Position 10.3 Signature 10.4 Seal name

b) Notes related to the preparation of the identity card:

11. Name of the regional centre 12. Date of sending out of the 13. Date of receipt of the identity preparing the identity card documents card prepared c) Notes related to the issuing the identity card to the applicant :

14. Date of issue of the identity card 15. Applicant’s signature 16. Special notes

5. APPLICATION FORMS

APPLICATION FORM E: IDENTITY CARD PERSONS WITHOUT CITIZENSHIP OVER 16

I. Section to be filled by the person without citizenship or his legal representative: You are kindly requested to issue the identity card of the person without citizenship considering the information given below: 1. Identity card holder particulars: 1.1 Surname (previous 1.2 Name 3. Middle name Surnames, e.g. Maiden) Place of birth 1.5 Date of birth 1.6 Sex 1.7 Blood group 1.8 Height 1.9 Eye colour 1.10 Country of origin 1.11 Place of 1.12 Signature residence 2. Marital status of the identity card holder – single: yes – no; if he has children’ please indicate the following particulars: Name and Date of birth Sex surname

3. If the application form is submitted by the legal representative of the person without citizenship please give his particulars: 3.1 Surname 3.2 Name 3.3 Middle name 3.4 Place of residence 4. Applicants special notes 5. Applicants signature 6. Date II. Section to be filled by the relevant executive authority issuing the identity card: a) Notes of the officer in charge of the relevant executive authority related to the revision of the application form filled by the parent or legal representative of the stateless persons: 7. Name of the relevant executive authority 8. Date of the application form reception and its registration number 9. The following documents have been checked in the revision process: Name of documents number date of issuance authority that issued 9.1 Birth certificate (identity card stateless persons’ under 16) 9.2 Certificate of marriage 9.3 Health certificate 9.4 Document certifying the rights of the legal representative, if required 10. Note related to the correspondence of the data 11. Note related to the correspondence of the about the stateless person to the documents stateless person’s appearance to the photo submitted: submitted 12. Particulars of the officer in charge who revised the data: 12.1 Surname, name and middle 12.2 Position 12.3 Signature 12.4 Seal name b) Notes related to the preparation of the identity card: 13. Name of the regional centre 14. Date of sending out of the 15. Date of receipt of the identity preparing the identity card documents card prepared c) Notes related to the issuing the identity card to the applicant :

16. Date of issue of the identity card 17. Applicant’s signature 18. Special notes

5. APPLICATION FORMS

APPLICATION FORM F: IDENTITY CARD PERSONS WITHOUT CITIZENSHIP TO TRAVEL ABROAD

I. Section to be filled by the person without citizenship or his legal representative: You are kindly requested to issue the identity card to travel abroad considering the information given below: 1. Identity card holder particulars: 1.1 Surname (previous 1.2 Name 3. Middle name Surnames, e.g. Maiden) Place of birth 1.5 Date of birth 1.6 Sex 1.7 Blood group 1.8 Height 1.9 Place of residence 1.10 Signature 1.11 If holder has children under 18, please indicate the following particulars: Name and Date of birth Sex surname

2. If the application form is submitted by the legal representative of the person without citizenship please give his particulars: 2.1 Surname 2.2 Name 2.3 Middle name 2.4 Place of residence 3. Applicants special notes 4. Applicants signature 5. Date II. Section to be filled by the relevant executive authority issuing the identity card: a) Notes of the officer in charge of the relevant executive authority related to the revision of the application form filled by the parent or legal representative of the stateless persons: 6. Name of the relevant executive authority 7. Date of the application form reception and its registration number 8. The following documents have been checked in the revision process: Name of documents number date of issuance Authority that issued 8.1 Identity card 8.2 Health certificate 8.3 Document certifying the rights of the legal representative, if required 8.4 In case the travel is connected with the urgent treatment of this person or the persons leaving with him/her, or with the serious illness or death of his/her near relative residing abroad - document certifying these facts , if required: 9. Notes related to the correspondence of the data 10. Note related to the correspondence of the about the stateless person to the documents stateless person’s appearance to the photo submitted: submitted 11. Particulars of the officer in charge who revised the data: 11.1 Surname, name and middle name 11.2 Position 11.3 Signature 11.4 Seal b) Notes related to the preparation of the identity card: 12. Name of the regional centre 13. Date of sending out of the 14. Date of receipt of the identity filling the identity card documents card prepared c) Notes related to the issuing the identity card to the applicant : 15. Date of issue of the identity card 16. Applicant’s signature 17. Special notes

5. APPLICATION FORMS

APPLICATION FORM G: IDENTITY CARD FOREIGN RESIDENT REGISTRATION

I. Section to be filled by the foreign resident: You are kindly requested to issue the identity card on the foreign resident registration considering the information given below: 1. Foreign resident particulars: 1.1 Surname and name 1.2 Place of birth 3. Nationality Date of birth (day, month, year) Sex Country of arrival 1.7 Occupation ("governmental officer", "businessman", etc.) 1.8 Duration of visa 1.9 Country of residence of residence 1.10 Signature

II. Section to be filled by the relevant executive authority issuing the registration card: a) Notes of the officer in charge of the relevant executive authority related to the foreign resident application form revision: 2. Name of the relevant executive authority 3. Date of the application form reception and its registration number 4. The following documents have been checked in the revision process: Name of documents number date of issuance authority that issued 4.1 Passport 4.2 Entry permit (visa) 4.3 Foreign resident’s registration form 5. Note related to the correspondence of the 6. Note related to the correspondence of the data about the foreign resident to the foreign resident’s appearance to the photo documents submitted: submitted

7. Particulars of the officer in charge who revised the data: 7.1 Surname, name and middle 7.2 Position 7.3 Signature 7.4 Seal name

b) Notes related to the preparation of the registration card:

8. Name of the regional centre 9. Date of sending out of the 10. Date of receipt of the filling the registration card documents registration card prepared c) Notes related to the issuing the registration card to the applicant :

11. Date of issue of the registration card 12. Applicant’s signature 13. Special notes

5. APPLICATION FORMS

APPLICATION FORM H: CITIZENSHIP ACQUISITION

APPLICATION FORM Photo

You are kindly requested to grant citizenship of the Republic of Azerbaijan QUESTIONS ANSWERS

1. Your surname, name and middle name (if you have ever changed your surname, name or middle, enumerate all the surnames, names and middle names you used before, pointing out the reasons) 2. Day, month and year of your birth 3. Place of your birth (republic, city (district), village)

4. Your nationality

5. Your marital status (are you married, divorced, single) 6. Your citizenship 7. Have you ever been a citizen of other state (states) (describe in detail where, when and which state you were citizen of, how you acquired it) 8. When have you arrived in the Republic of Azerbaijan

9. Point out the reasons for your coming to the Republic of Azerbaijan 10. Have you been to the Republic of Azerbaijan before, when exactly (dates of your arrival in and departure from the Republic of Azerbaijan) 11. Your education and specialty (where, when, and which institution did you graduate from, if you did not, point out the reason) 12. Have you been sentenced or drawn in proceedings in the Republic of Azerbaijan (if yes, when, where and by which agency and for what reason you were drawn) 13. Where and as what did you work before coming to the Republic of Azerbaijan 14. Your near relatives (wife, husband, parents, adult children, brothers and sisters) Relationship Surname, name and middle name Nationality Citizenship Place of working Country of residence and address degree (year and place of birth) and position

15. Occupation since labor activity (study at secondary or high special education institutions including military

5. APPLICATION FORMS

service). When filling this section point out the name of the administrations, institutions and organizations that was in the period of your working, and your position during military service.

Month and year Point out your position and name of the Address of the administration, ------administrations, institutions and organizations institution and organization entrance quit

16. Address of your residence in detail, and your phone numbers (at home, work)

17. What would you like to tell about yourself and your near relatives 18. Enumerate the documents attached to this application

19. You are kindly requested to grant citizenship of the Republic of Azerbaijan besides me to my minor children mentioned below Son Surname, name and Year and month of birth Place of birth Note Daughter middle name

Official notes (to be filled in the agencies of internal affairs) Citizen ______is a holder of

a) ______issued by ______(name of authority that issued the passport) for use from «___»______19____ up to «____»______19_____ a) registration card for foreign resident series ______number ______

issued by ______district (city) MIA for use from «___»______19____ up to «____»______19_____ b) residence card for stateless person series ______number ______issued by ______district (city) MIA for use from «___»______19____ up to «____»______19_____

(Surname, name and signature of the official who took receipt of the documents)

has taken receipt of the application form and the documents enumerated in it, and examined filling.

«____»______200_____

6. GLOSSARY

GLOSSARY OF MIRGRATION TERMINOLOGY adjudication see “determination” adjudicator A generic term to describe government officials who are authorized by law to issue determinations. adjustment of see “change of status” status administrative A person who presides at an administrative hearing. In some States, judge administrative proceedings are conducted within the executive branch, rather than the judicial branch. In the U.S., for example, immigration matters are decided by administrative judges subordinate to the Attorney General (equivalent to Minister of Justice). administrative The law governing the organization and operation of the executive law branch of government and the relations of the executive with the legislature, the judiciary, and the public. admission In the migration context, the granting of entry into the State. An alien has been “admitted” if he or she passed through a checkpoint (air, land or sea) and was permitted to enter by border control officials. In contrast, an alien who has entered clandestinely is not considered to have been admitted. affidavit Written testimony given under oath. agreement A mutual understanding (written or unwritten) between two or more persons regarding their relative rights and duties as to past/future conduct. alias A name which is not a person's natural name; an assumed or additional name. alien A person who is not a citizen of a given State. amnesty see "regularization" appeal A proceeding undertaken to reverse a decision by bringing it to a higher authority; often the submission of a lower court’s or agency’s decision to a higher court for review and possible reversal. applicant In the migration context, one who formally requests some government action, such as the grant of refugee status, of a visa or work permit. application In the migration context, a request (usually written) submitted to the government by a person or organization seeking some government action. arrival/depart A card which is filled out by an individual prior to or upon arrival in the ure card country of destination and presented (along with passport and, if required, visa) to officials at the checkpoint. In some States, border officials collect the cards upon entry; in other States, the card or a portion of it is returned to the traveler and must be presented upon departure from the State. International standards for such cards are defined by ICAO in Annex 9 to the Convention on International Civil Aviation.

6. GLOSSARY

asset The governmental taking of property due to its, or its owner’s, forfeiture involvement in criminal activity, such as the impounding of a vehicle used for smuggling aliens into a State. asylum Protection granted by a State to an alien on its own territory. Generally asylum protection parallels the protection granted to refugees (see “refugee”), although in some States broader protections may be afforded to persons who are the victims of natural disasters or civil strife. bilateral Involving two parties or two States. Contrast “multilateral”.

bill In the legislative context, a bill is a proposed piece of legislation that has been submitted for consider-ation by the legislative body. If a bill passes and enters into force, it becomes a law.

birth An original document, usually issued under governmental or religious certificate authority, stating when and where a person was born.

bona fide Made in good faith; without fraud; genuine (Latin) Contrast “mala fide”.

bona fide In the migration context, a person who: applicant (a) genuinely intends to enter the State for a lawful purpose; and (b) who, in the opinion of a consular or immigration officer, (i) is not likely to remain unlawfully, and (ii) is not likely to breach the conditions of any permit granted.

Bond In the migration context, a bond means a monetary sum collected by the State as an assurance that a non-citizen will take some required action, usually leaving the State. Departure bonds might be collected upon visa issuance or entry, while another type of bond would be that paid in order to be released from detention. Funds held as a bond are typically refunded upon proof of departure, such as when the person visits the State's consulate in the person's home country.

Border The line separating two political or geographic areas, such as States or subparts thereof.

border control A State’s regulation of the entry of persons onto its territory, as an exercise of its sovereignty. Border control is a major element of migration manage-ment. The modern global economy and international standards require a balancing between facilitating the entry of legitimate travelers and intercepting the small minority of travelers entering for inappropriate reasons or with invalid documentation.

border control A generic term to describe those officials whose primary task is to guard officials the border and enforce the immigration (and possibly customs) laws of the State -- i.e. to identify undocumented aliens, determine who may be a refugee, etc. In some States, there are “border guards”, in others “border police” or “aliens police”. Some States assign the functions of operating checkpoints and patrolling the border between checkpoints to two different government entities.

brain drain Emigration of persons whose technical and professional skills are scarce in their home country. 76

6. GLOSSARY

burden of A party’s duty to prove a disputed assertion or charge. In the migration proof context, an alien seeking entry into foreign State generally bears the burden of proof; that is, the alien must prove that he or she is eligible to enter and not inadmissible under the laws of the State. carbon dioxide Equipment (either stationary or portable) used to determine whether sensors carbon dioxide is present in a closed container, such as a railway car or the back of a truck. Such sensors are used to determine whether persons are being smuggled together with cargo crossing state borders. carrier 'Carrier' in relation to conveyance, means the owner or charterer of the conveyance. A 'carrier' usually refers to an airline, bus or rail company, or cruise line. But under the laws of some States, the term includes any owner of a conveyance (including conveyances intended for freight) which carries a person into the State. carrier liability A law imposing fines upon carriers who bring in persons who do not law have valid entry documents. International practice has shown that advanced administrative, procedural, and technological mechanisms must be in place in order for a fining regime to be effective.

certificate of a) A certificate of identity is a document (other than a passport) issued identity by the government of any country to any person in order to facilitate that person's entry into or exit from any country. A certificate of identity: (i) establishes the identity but not the nationality of a person, and (ii) gives that person the right to enter the country whose government has issued the document. b) States recognize certificates of identity approved by the relevant Ministry, including travel documents issued by recognized international organizations.

Example: United Nations travel documents are acceptable travel documents in nearly every State, even though they are not issued by a government. change of Change of status procedures are those which define how an alien status lawfully present in one immigration status may seek a different status. For example, a foreign student on a student visa who is offered a job upon completion of studies would typically need to seek a change of status, so that the student visa would be replaced by a work visa. checkpoint A location (on the land border or at an airport or seaport) where persons request admission from border control authorities in order to enter the State. Often referred to as “passport control”, which is a bit of a misnomer. In international practice, even where all documents are in order, someone may be denied entry if the border control official has reason to believe that the person falls within the grounds of inadmissibility or seeks entry for a purpose other than that stated. citizenship see “nationality” civil law 1. One of the two prominent systems of jurispru-dence in the Western world, originally administered in the Roman Empire and still in effect in continental Europe and Latin America, among other parts of the world. 77

6. GLOSSARY

Contrast “common law”.

2. Within a common law system, civil law is the branch of law relating to enforcement of non-criminal laws or protection of rights and interests of private parties. Some civil law actions involve only private individuals or firms; others involve government entities as either plaintiff or defendant. Civil law actions seek either payment of compensation (often called "damages") or court order requiring or prohibiting a given action. They do not involve criminal liability or possibility of imprisonment. claim An assertion made to a government agency or court seeking an action or determination of a right or benefit, such as refugee status or the right to compensation or legal redress in civil proceedings. See also “application”.

common law One of the two prominent systems of jurisprudence in the Western World, where judicial interpretations form the body of law and are binding on later judges. Based on the English legal system, common law systems are found in most former British colonies, including the U.S. and Australia. Contrast “civil law”.

complaint A formal legal document filed by a plaintiff to initiate a civil suit or administrative proceedings. A complaint usually sets forth allegations that the defendant has engaged in conduct which breached the rights of the plaintiff, and may include multiple claims for legal redress.

consular Government officials representing the State abroad concerning visa and officials residency issues. Consular officials are usually employees of the Ministry of Foreign Affairs, although in a few countries they come from a separate migration agency.

conveyance Any form of aircraft, ship, train, automobile or other vehicle or vessel capable of being used to transport a person to or from a State.

country of first Country in which a refugee or asylum seeker arrives and in which he or asylum she finds, is deemed to have found, or might have found, refugee status or other protection. craft see "conveyance" credibility In the migration context, making a credibility assessment is a basic step assessment in adjudicating any application for a visa, for refugee or other immigration status. The essence of a credibility assessment is determining whether the information presented by the applicant (which might be on a written application, in an interview, or both) is consistent and believable. credible Believable on reasonable grounds. criminal law The branch of law relating to the punishment of crimes. The State brings before the court persons charged with violation of criminal statutes, usually seeking either imprisonment or fine (although increasing trend is toward alternative forms of punishment such as mandatory public service). custody The care and control of a thing or person for inspection, preservation, or security. In the case of a minor, a court might assign custody to a relative or other guardian. In the migration context, a person who is 78

6. GLOSSARY

detained by authorities is “in custody”. customs The agency or procedure for collecting duties (taxes) on imports or exports. customs A form which asks arriving persons for information about goods they are declaration bringing into the country, designed to identify any illegal goods or goods on which a customs duty (tax) is owed. data transfer To cause factual information (data) to pass from one place to another. In modern usage, this often refers to information passing from one computer to another. Also referred to as "data transmission".

de facto (Latin) Existing in fact; having effect even though not formally or legally recognized. Contrast “de jure”.

de facto A growing number of States recognize not only spouses, but also certain partner relationships between unmarried adults, for purposes of granting permanent residence or other immigration status. For example, New Zealand defines 'de facto partner' as a partner in a heterosexual or same sex relationship who has been living with their partner in a genuine and stable relationship for at least 2 years immediately before their immigration application is filed.

de jure (Latin) Existing by right or according to law. Contrast “de facto”.

deadline A time limit for the completion of an activity, such as the filing of an application for immigration status.

decision A judicial or administrative determination after consideration of the facts and the law; a conclusion reached by a court or by an agency or other governmental authority.

defendant A person required to answer a complaint filed in a civil suit. It can also refer to one accused of a crime in a criminal proceeding.

dependent In general use, one who relies on another for support. In the migration context, a spouse and minor children are generally considered “dependents”, even if the spouse is not financially dependent. deportation The act of a State in the exercise of its sovereignty in removing an alien from its territory after refusal of admission or termination of permission to remain. Western practice generally is that deportation happens only upon order of a judge and after any appeal rights have been exhausted. derivative A person, typically a spouse or minor child, who might receive applicant immigration status on the basis of another’s application. Contrast “principal applicant” detainee A detainee is a person who is being held in detention. detention Restriction on freedom of movement, usually through enforced confinement, of persons by government authorities. In the migration context, in many States, an alien may be detained pending a decision on refugee status or on admission to or removal from the State. International practice is generally that detention in this and other non- 79

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criminal contexts is not intended to be punitive, and therefore that conditions in detention facilities should be better than those in prison facilities. determination In the migration context, the decision as to whether an applicant is qualified for the visa, refugee status, or other immigration status he or she seeks. displaced A person who flees his/her State because of fear or dangers other that person those which would make him/her a refugee. A displaced person is often forced to flee by internal conflict or natural or man-made disasters. domicile Permanent abode or place of residence. due process The conduct of legal proceedings according to generally-accepted rules and principles providing for the protection and enforcement of private rights, including notice and the right to a fair hearing before the court or administrative agency with the power to decide the case. embarkation/ see “arrival/departure card” disembarkatio n card emigration The act of departing or exiting from one State in the hope of settling in another. International human rights norms provide that all persons should be free to leave any country, including their own, and that only in very limited circumstances may States impose restrictions on the individual’s right to leave its territory. entitlement The legal right to something, particularly to monetary benefits paid by a State. entry stamp A mark made by a border official in a person's passport stating the date and place at which that person entered the State. Typically, entry stamps are made using rubber stamp and ink; increasingly, the rubber stamps are designed with features which (I) make it more difficult for the stamp to be counterfeited, and (ii) make it possible to identify which border official allowed the entry. evidence A perceptible thing that tends to establish or disprove a fact, including testimony, documents, photographs, and physical items relating to the crime or civil dispute at issue. exclusion In the migration context, the formal denial of an alien's entry into a State. In some States, border guards or other authorities have the power to exclude aliens; in other States, exclusion is ordered by an immigration judge after a hearing. exclusion see “grounds of inadmissibility” grounds expiration In the migration context, the date on which a visa or an immigration date status ceases to be valid. expulsion see “deportation” extension The continuation of something for a fixed period. In the migration context, a foreign businessman might apply for an extension of his visa or his immigration status, for example.

6. GLOSSARY extradition The formal surrender, generally based on treaty or other reciprocating arrangements, by one State to another of an individual accused or convicted of an offence outside its own territory and within the jurisdiction of the other, for the purpose of trial and punishment. facilitation In the migration context, facilitation is the fostering or encouraging of legitimate travelers by making travel easier and more convenient. Facilitation can include any number of measures, such as a streamlined visa application process, efficient and well-staffed passenger inspection procedures, etc. family In the migration context, the movement of a member or members of a reunification family to join those members of their family who already reside in the receiving country. Numerous international conventions promote family unity, which in many countries is a primary ground for receiving the right to residence.

filing an General practice is that an application for a visa or other immigration application status is considered to be made, or filed, on the date upon which the application with all required enclosures and necessary fees is received by the appropriate State entity. foreigner A person belonging to or owing allegiance to another country. See also “alien”. fraud A knowing misrepresentation of the truth or concealment of a material fact in order to obtain some benefit. fraudulent Passports, visas or other travel or identity documents which are either documents (I) altered, falsified, or counterfeited, or (ii) legitimate documents obtained using fraud, such as by pretending to be someone else. genuine and In the migration context, a marriage that a consular or immigration stable officer determines: marriage (i) is genuine, because it has been entered into with the intention of being maintained on a long term and exclusive basis, and (ii) is stable because it is likely to endure. In many States, if officers are unable to determine whether the marriage was entered into with the intention of maintaining it on a long term and exclusive basis, there is a presumption that it is genuine, unless there is evidence to the contrary. green border Term used to describe a State’s border between checkpoints. A water border (river or coastline) might also be referred to as a “blue border”. grounds of Definitions, set forth in migration law or regulations, of persons who are inadmissibility prohibited from entering the State. Even where a person is otherwise eligible for a visa or other immigration status, if he/she falls within a ground of inadmissibility, the visa or other status will be denied (but see “waiver”). Grounds of inadmissibility are typically designed to preclude entry of undesirable aliens, such as persons without valid travel documents, persons with criminalconvictions, persons who are believed to be a danger to public health or public safety, persons who have been previously deported, etc.

6. GLOSSARY guardian One who has the legal authority and duty to care for another’s person or property, usually because of the other’s incapacity, disability, or status as a minor. guardianship The relationship between guardian and ward. hearing The opportunity to be heard or to present one's side of a case before a tribunal. holding Centres gathering refugees as soon as they arrive in a receiving centres country; their status is to be determined before they are sent to refugee camps or back to their country. illegal alien see “undocumented alien” immigration Movement of persons into a State. Some States define immigration to include only those seeking permanent residence, but common usage generally includes all non-citizens entering the State, whether for a short visit or with intent to remain permanently. immunization A medical treatment, usually an injection, designed to prevent certain diseases. impostor One who pretends to be someone else in order to deceive others, such as to receive immigration status or other benefit.

influx A continuous coming in, especially of individuals in large numbers. information A generic term for collections of data; in modern usage, the term systems implies automated or computerized collections of data. In the migration context, typically includes lookout systems and any system for collecting statistics and other information regarding visa applicants, border crossers, applicants for asylum and other immigration status.

injunction A court order commanding or preventing a specified action. internally Persons who have been forced to flee their homes or places of habitual displaced residence suddenly or unexpectedly as a result of armed conflict, persons internal strife, systematic violations of human rights, or natural or man- (IDPs) made disasters and who have not crossed an internationally recognized State border. interview In the migration context, the process of questioning or talking with a person in order to obtain information or determine the personal qualities of the person. An interview is a common step in the adjudication of an application for refugee or other immigration status. irregular see “undocumented alien” migrant judgement A court’s final determination of the rights and obligations of the parties in a case.

jurisdiction The legal power, right or authority to hear and determine a cause of action (legal or administrative). It can also refer to the limits or territory within which any particular power may be exercised.

6. GLOSSARY

jus sanguinis The rule (prevailing in most nations) that a child’s nationality is (Latin) determined by its parents’ nationality, irrespective of the place of birth. Contrast “jus soli”.

jus soli (Latin) The American rule that a child’s nationality can be determined by its place of birth (although nationality can also be conveyed by the parents). Contrast “jus sanguinis”.

labour Movement of persons from their home State to another State for the migration purpose of employment. Labour immigration is addressed by most States in their migration laws. In addition, some States take an active role in regulating outward labour migration and seeking opportunities for its citizens abroad.

legal Any proceeding authorized by law and instituted in a court or proceedings administrative tribunal to acquire a right or enforce a remedy.

legalization see “regularization”

legitimate In the migration context, something which is genuine, valid, or lawful (see also “bona fide”). For example, a legal migrant enters with a legitimate intent to comply with the migration laws, and presents legitimate travel documents. Contrast “mala fide”.

lodging an see “filing an application” application lookout A State’s official list, usually (but not necessarily) automated, of persons system who should be prevented from entering the country or who should be arrested upon arrival. A lookout system is typically an inter-agency project, which receives input from all law enforcement, intelligence, and migration agencies. Whether on computer or in book form, the lookout list should be routinely checked by consular and border control officials when making decisions about granting a visa or allowing someone to enter the State.

machine- A passport or visa from which common identified elements of readable information can be instantaneously retrieved using special equipment. passport International standards for machine-readable passports and visas have machine- been established by ICAO. readable visa mala fide In bad faith; with intent to deceive or defraud. (Latin) Contrast “bona fide.” migrant The United Nations definition is an individual who has resided in a foreign country for more than one year. Under such a definition, those traveling for shorter periods as tourists and businesspersons would not be considered migrants. However, common usage includes certain kinds of shorter-term migrants, such as seasonal farmworkers who travel for short periods to work planting or harvesting farm products. See also “alien”. migration The movement of persons, usually between States. Migration can take many forms: immigration vs. emigration, permanent vs. temporary, voluntary vs. forced, etc. In general usage, migration can also refer to internal movement of persons within a State, but international practice suggests that regulation of such movement is not appropriate for migration laws and is not enforced by migration agencies.

6. GLOSSARY migration This term is used to encompass numerous governmental functions and a management national system of management for cross-border migration, particularly managing the entry and presence of foreign nationals within the borders of the State and the protection of refugees and others meriting protection. minor A person who, according to the law of the relevant country, is under the age of majority, i.e. is not yet entitled to exercise specific civil and political rights. minority A group that is different in some respect (such as race or religious belief) from the majority and that is sometimes treated differently as a result. multilateral Involving more than two parties or two States. Contrast “bilateral”. nationality In international law, the legal bond between an individual and a State as recognized by operation of law. Nationality is not limited by ethnic or religious characteristics, but is generally seen as synonymous with citizenship. naturalization The conferring, by any means, of citizenship upon a person after birth. non- Principle of international law which requires that no State shall return a refoulement person “in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership in a particular social group, or political opinion.” [Article 33 of the 1951 Refugee Convention] oath A solemn pledge of truthfulness, usually given force by being said in connection with something viewed as sacred (such as a god or gods) or something revered. In the legal context, making an oral or written statement under oath invokes a legal obligation to tell the truth. In most countries, one who does not tell the truth while under oath has committed a criminal offense. overstay To remain in a country beyond the period for which entry was granted. Also sometimes used as a noun, e.g., “The undocumented alien population is evenly divided between overstays and those who entered illegally.” passport A government document identifying a person as a national of the issuing State, which is evidence of the holder’s the right to return to that State. In Western traditions, passports have been used for foreign travel purposes, not as domestic identity documents. penalty Punishment. In the migration context, penalty usually means a fine, but could also be a prohibition on future entry. For example, in some States, a person who is deported ineligible to re-enter the State for a fixed number of years. permanent The right, granted by a State other than one’s state of citizenship, to residence live and work on a permanent (unlimited) basis. permit Documentation, usually issued by a governmental authority, which allows something to exist or someone to perform certain acts or services. In the migration context, reference to residence permits or 84

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work permits is common. plaintiff A party who brings a civil suit (by filing a complaint) in a court of law. point of entry see “checkpoint” port of entry see “checkpoint”

prima facie On its face; true or valid on first impression. In the migration context, (Latin) an application for refugee or other immigrant status might be undergo preliminary review to determine whether there is a prima facie showing of all the basic requirements (often as a condition for receiving financial assistance or a work permit). primary In international practice, review of applicants for admission at inspection checkpoints is divided into “primary” and “secondary” inspection. The vast majority of applicants for admission undergo only a short screening at primary inspection booths prior to admission. Any applicant about whom the migration official has doubts is referred to secondary inspection, where the applicant undergoes an interview or additional investigation. The use of this two-step approach is more efficient and minimizes delays for the majority of legitimate travelers. principal In the migration context, the person who applies for refugee or other applicant immigration status. General international practice is that dependents (usually a spouse and any minor children) would be considered derivative applicants and would receive the same status afforded to the principal applicant. proof The establishment or denial of a contested fact by evidence; the result of evidence. quarantine The temporary isolation of a person or animal afflicted with a contagious or infectious disease. quota A quantitative restriction. In the migration context, many countries establish quotas, or caps, on the number of migrants to be admitted each year.

readmission Agreements (usually bilateral) which address procedures for one State agreement to return undocumented aliens to their home State or a State through which they passed on route to the State which seeks to return them. In August 1999, IGC reported that the 220 of the 238 existing readmission agreements were concluded since 1990, and approximately 170 involved Central and East European countries.

reception see “holding centres” and “refugee centres” centre record The official report of the proceedings in a case or administrative matter, including all papers filed, any transcript or notes taken by the judge or tribunal, and any evidence presented.

refugee Under the 1951 Refugee Convention, any person who is outside his or her country of nationality and is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion. Persons with no nationality must be outside their country of last habitual residence and fear persecution in that 85

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country on one of the enumerated bases to qualify as a refugee. [Such persons are sometimes referred to as “convention refugees”, as the term “refugee” may be used in contexts beyond those defined by the Refugee Convention.] refugee Locations where refugees are gathered in order to receive the necessary centres material assistance which meets their needs. refugee Centres where refugees, once selected for resettlement, are gathered in processing order to receive the orientation and language training which will help centres them to face their new life. regularization Any process by which a country allows undocumented aliens to obtain legal status in the country. Typical practices include the granting of an amnesty (also known as “legalization”) to aliens who have resided in the country for a given length of time and are not otherwise found inadmissible. regulation A rule or order, having legal force, issued by an administrative agency or a local government. Regulations typically provide procedural and other detail necessary to implement legislation. removal see “deportation” repatriation Return to the country of origin. Repatriation may be either voluntary or involuntary. resettlement The durable settlement of refugees in a country other than the country of refuge. Generally covers that part of the process which starts with the selection of the refugees for resettlement and which ends with the placement of refugees in a community in the resettlement country. residence A temporary or permanent dwelling place or abode, or habitation to which one intends to return, as distinguished from a place of temporary stay or visit. residence A document issued by a State to an alien, confirming that the alien has permit the right to live in the State. retraction The act of withdrawing or taking back (such as a promise or a statement). return In the migration context, a collective term to encompass the movement of an alien from a State which has found the alien’s presence illegal to his homeland or country of prior residence. This includes deportation by the State as well as voluntary return either on an individual basis or under the auspices of an organization such as IOM.

Schengen An intergovernmental agreement signed in 1985 to create a European Agreement free-movement zone without controls at internal land, water and airport frontiers. In order to maintain internal security, a variety of measures have been taken, such as the coordination of visa controls at external borders of Member States through a common approach to visa policies and asylum procedures. The Member States are: Austria, Germany, France, Belgium, the Netherlands, Luxembourg, Portugal, Spain (called 'Schengenland'). Italy and Greece have also signed the treaty, but implementation there will require significant strengthening of their external borders. Denmark, Finland and Sweden have asked for 86

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observer status pending determination of compatibility with the Scandinavian passport-free zone. Although the Schengen Agreement was concluded outside the context of the European Union, new states seeking accession to the EU must have border regimes which meet Schen-gen standards (pursuant to the Amsterdam Treaty).

screening The process of checking for a particular attribute or ability. In the migration context, a preliminary (often cursory) review to determine if a person is “prima facie” eligible for the status requested. secondary contrast “primary inspection” inspection security In the migration context, attributes which make passports, visas or features other documents more difficult to counterfeit. Typical security features include use of paper with special watermarks or fibers, use of microline or other special printing techniques, and use of laminates which become discolored upon tampering. sensors In the migration context, equipment designed to detect the movement or presence of persons. This includes motion sensors, carbon dioxide sensors, etc. Some sensors require a human operator, while others are fixed in remote places along the border and transmit information to a border control facility. sentence The judicial act which imposes punishment on a criminal wrongdoer after a determination of guilt. smuggling In the migration context, the facilitation of illegal border crossing, often (but not necessarily) for financial gain. Smuggling, in contrast with “trafficking”, does not require an element of exploitation or violation of human rights. sponsorship The act of promising financial support for an alien seeking entry to the State. Some States require either sponsorship or proof of adequate income as a condition for certain categories of immigration status. standard of The degree or level of persuasiveness of the evidence required in a proof specific case. For example, in the refugee context, “well-founded” is a standard of proof. In contrast, the US criminal standard, “beyond a reasonable doubt”, imposes a much higher standard of proof. stateless The status of a person without formal citizenship in any country and without protection of any state. suit Any proceeding by a party or parties against another in a court. summons A notice requiring a person to appear in court or before an administrative agency to serve as a juror or witness. suspect index see “lookout system” suspend To interrupt, postpone, or defer; to hold something such as a judgement in an undetermined state, waiting for fuller information. technical The sharing of information and expertise on a given subject, usually cooperation focused on public sector functions. Technical cooperation can include a vast array of elements, from the development of legislation and 87

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procedures to assistance on the design and implementation of infrastructure or technological enhancements. temporary Protection granted for a limited, through not necessarily defined, time protection by the country of refuge, usually in situations of large-scale influx because of natural disaster or civil strife. testimony A written or oral declaration made under oath by a witness in response to questioning by a lawyer or public official. trafficking In the migration context, the illicit engagement (through recruitment, kidnapping, or other means) and movement of a person within or across international borders, during which process the trafficker[s] obtains economic or other profit by means of deception, coercion and/or other forms of exploitation under conditions that violate fundamental human rights. Contrast “smuggling”. transit A stopover, of varying length, while travelling between two or more countries, either incidental to continuous transportation or for the purposes of changing planes or joining an ongoing flight or other mode of transport. transit Many States define "transit passengers " as persons who: passengers 1) arrive in the State from another country while in transit to another (third country) destination; and 2) throughout the whole period (up to a maximum of 24 hours from the time of arrival) during which they are in the State, remain: i) on board the craft they arrived on, or ii) in a port or airport secure area, or iii) in the custody of the police.

travel A generic term used to encompass all documents which are acceptable documents proof of identity for the purpose of entering another country. Passports and visas are the most widely-used forms of travel documents. Some States also accept certain identity cards or other documents described above under “certificate of identity.”

treaty A formally signed and ratified agreement between States. A treaty is generally a bilateral agreement; multilateral agreements are more often called “conventions” or “covenants”.

unaccompanie Persons under the age of majority who are not accompanied by a d minor parent, guardian, or other adult who by law or custom is responsible for them. Unaccompanied minors present special challenges for border control officials, because detention and other practices used with undocumented adult aliens may not be appropriate for minors.

undocumented An alien who enters a country at the wrong time or place, eludes an alien examination by officials, obtains entry by fraud, or enters into a sham marriage to evade immigration laws. This would include, among others, one: (a) who has no legal documentation to enter a country but manages to enter clandestinely, (b) who enters using fraudulent documentation, or (c) who, after entering using legal documentation, has stayed beyond the time authorized or otherwise violated the terms of entry and remained without authorization.

6. GLOSSARY unfounded Lacking a sound basis in reason or fact. valid Legally acceptable; not having reached its expiration date. visa An endorsement by a consular officer in a passport or a certificate of identity that indicates that the officer, at the time of issuance, believes the holder to fall within a category of aliens who can be admitted under the State's laws. International practice is moving more and more toward issuance of machine-readable visas which comport with ICAO standards, printed on labels with security features. visitor In the migration context, a person who seeks to enter for a temporary period (in contrast with one who seeks permanent resident status). voluntary A set of incentives to induce people to leave the receiving country and departure return to their home country. programme waiver A migration law might provide that certain legal requirements or grounds of inadmissibility not be applied in certain compelling cases, giving the appropriate agency the authority to exercise judgement as to whether the requirement should be “waived” in a given case. watchlist see “lookout system” withdraw (an To ask that an application previously filed be cancelled or returned, or to application) indicate to relevant officials that the person who filed it no longer seeks the benefit or status requested. witness Noun: One who has personal knowledge of certain events or facts by direct experience. In the legal context, a person with such knowledge who is legally qualified to present this knowledge in a court of law.

Verb: To observe some event or action. In the legal context, to observe the execution of a written instrument, such as an agreement or contract.