Dragutin Mate l.r.
Minister za notranje zadeve
Argentina Szabados l.r.
Regijska predstavnica za Centralno in JV Evropo
The Government of the Republic of Slovenia and the International Organization for Migration (hereinafter referred to as the Contracting Parties),
In accordance with Article 1 of the Agreement on Cooperation between the Government of the Republic of Slovenia and the International Organization for Migration (hereinafter referred to as the Agreement), which was signed on 19 December 2001, and in accordance with the purposes and functions that are defined in the Constitution of the International Organization for Migration;
Aware of the international commitments that the Republic of Slovenia has adopted, the EU acquis in the field of migration and the national regulations on aliens and in this relation notably the fundamental rights and freedoms as laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms as amended by protocols;
Recalling that the International Organization for Migration (hereinafter referred to as the IOM) is committed to the principle that humane and orderly migration benefits migrants and society and that it acts to assist in meeting the growing operational challenges of migration management, advance understanding of migration issues, encourage social and economic development through migration, and uphold the human dignity and well-being of migrants;
Considering the complexity of the challenges posed by migration flows and the need to ensure orderly management of migration;
Convinced that an assisted voluntary return programme would contribute to attaining the objectives of the Slovenian migration policy;
Have agreed as follows:
Article 1
(Purpose)
(1) The purpose of this Memorandum is to set forth the cooperation between the Contracting Parties as outlined in the Agreement, and particularly to define the framework of the implementation of the programme for the assisted voluntary return for certain categories of migrants (hereinafter referred to as the Programme).
(2) In the implementation of the Programme, special attention shall be given to vulnerable groups of migrants, which means persons with special needs and notably victims of trafficking in human beings, unaccompanied minors, unaccompanied women, the disabled, the elderly, pregnant women, single parents with minor children, victims of sexual abuse and victims of torture or organised violence.
Article 2
(Competent Bodies)
The bodies competent for the implementation of the present Memorandum shall be the Ministry of the Interior for the Government of the Republic of Slovenia and the IOM Mission in Ljubljana for the IOM.
Article 3
(Scope of Cooperation)
The cooperation between the competent bodies shall take place in the following way: the IOM shall provide continuous information on the contents of the Programme and on the possibilities of cooperating in research on voluntary return of migrants. The competent bodies in the Republic of Slovenia shall take part in such research in accordance with their interest.
Article 4
(Definition of the Programme)
(1) The term “voluntary return” as used in this Memorandum refers to the free and informed decision of a person to return to the country of origin freely and on his/her own will. If such return is not possible, or if a person is stateless, a voluntary return means that a person, based on his/her own will, freely returns to the country of his/her last permanent residence or to a country willing or having to receive him/her.
(2) The beneficiaries of the Programme shall include:
(a) Persons illegally residing in the Republic of Slovenia;
(b) Asylum seekers who join the programme on their own wish before the asylum procedure is concluded;
(c) Person enjoying temporary refuge;
(d) Victims of trafficking in human beings and unaccompanied minors;
(e) Refugees who join the programme on their own wish.
Article 5
(Providing Potential Beneficiaries with Information on the Programme)
The Ministry of the Interior shall provide the persons from Paragraph 2 of the preceding Article with information on the Programme defined in the present Memorandum.
Article 6
(Responsibilities of the IOM)
(1) The IOM shall counsel potential beneficiaries of the Programme on practical issues to be taken into account before departure and in such counselling shall cooperate, as appropriate, with governmental bodies and non-governmental organisations. Furthermore, it shall provide information on the prevailing conditions in the country of origin and on persons/entities the returnees can contact if they need additional advice or counselling.
(2) In agreement with the competent body, the IOM shall provide the following assistance to the beneficiaries of the Programme:
(a) Assisting in obtaining valid travel documents;
(b) Organising transport if requested by the competent authority;
(c) Whenever it is possible, organising assistance upon departure, transit and arrival in the country of origin;
(d) Offering other forms of assistance in relation to the preceding points of this Paragraph and in accordance with its competencies and capabilities.
Article 7
(Funding)
(1) The funding shall be based on an annual budget prepared by the IOM on the basis of the Programme. The IOM shall be obliged to send the programme with the annual budget for the next fiscal year to the Ministry of the Interior not later than the end of October in the current year. Upon review and any necessary prior coordination with the IOM, the Ministry of the Interior shall send the mentioned programme to the Government of the Republic of Slovenia for discussion before the end of the current year.
(2) Upon signing this Memorandum, the IOM shall submit to the Ministry of the Interior a budget proposal for the first fiscal year of the operation of the Programme. The annual budget proposal shall be based on the services that the Contracting Parties define by mutual agreement.
(3) Funds to cover the costs of the IOM services that are incurred in accordance with this Memorandum and with the approved annual programme shall be paid by the Ministry of the Interior, on a quarterly basis, to the IOM's bank account in Ljubljana. Payment may only be effected for the services that have been agreed upon and already performed according to the Programme and on the basis of adequate and explained receipts (such as a bill) within the term defined in the Public Finance Act.
Article 8
(Reporting)
(1) Every six months, the IOM shall submit a mid-annual interim report on the costs incurred through the implementation of the services according to the Programme.
(2) An annual report on the expenditure, the activities performed and the results achieved shall be prepared at the end of the calendar year and submitted within 60 days following the end of the calendar year.
Article 9
(Consultative Committee)
For the implementation of this Memorandum a Consultative Committee shall be formed, which shall meet once a year, at the request by one of the Contracting Parties of the present Memorandum. It shall be composed of the representatives of the Government of the Republic of Slovenia and of the IOM.
Article 10
(Terms of Validity)
(1) The present Memorandum shall enter into force on the date of the receipt of the notification of the Republic of Slovenia on the fulfillment of the internal legal requirements necessary for its entry into force in the Republic of Slovenia and shall remain in force until 31 December 2005. It will then be tacitly extended on a yearly basis.
(2) The present Memorandum shall be provisionally applied from the day of its signature.
(3) The provisions of this Memorandum may be changed with the written consent of the Contracting Parties.
(4) Either party may terminate this Memorandum through diplomatic channels. The termination shall become effective three months following the date when the other Contracting Party received the notification of termination.
Done in Ljubljana on the 24 May 2005, in two original copies in the Slovenian and English language, both texts being equally authentic.
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