Memorandum of Understanding on refugees, UNHCR and ECOWAS.

Volume 2165, II-1242
[ENGLISH TEXT - TEXTE ANGLAIS]
MEMORANDUM OF UNDERSTANDING BETWEEN THE ECONOMIC
COMMUNITY OF WEST AFRICAN STATES (ECOWAS) AND THE
UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES (UNHCR)
MEMORANDUM OF UNDERSTANDING BETWEEN THE ECONOMIC COM-
MUNITY OF WEST AFRICAN STATES HEREINAFTER REFERRED TO AS "ECO-
WAS"
On one part,
and
THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES HEREINAF-
TER REFERRED TO AS "UNHCR"
On the other part,
PREAMBLE
1. Recalling the General Assembly Resolution no A/Res/48/173 which requires inter
alia, that the Secretary-General promotes co-operation between the organs, organisations
and bodies <strong>of</strong> the United Nations system and regional organisations and institutions;
2. Considering that the final objective <strong>of</strong> ECOWAS is to raise the standard <strong>of</strong> living
<strong>of</strong> the people <strong>of</strong> West Africa and contribute towards the progress and development <strong>of</strong> the
continent by achieving economic growth, promoting peace and security and evolving common
political values as well as systems and institutions among the West African countries
with the view <strong>of</strong> enhancing the regional cooperation and integration;
3. Noting that ECOWAS has established a regional mechanism for promoting political
stability, democracy, good governance, respect for the rule <strong>of</strong> law, protection <strong>of</strong> human
and people's rights, regional security, stability and reinforcement <strong>of</strong> good neighbourliness,
as well as prevention, management and resolution <strong>of</strong> conflicts within the sub-region <strong>of</strong>
West Africa;
4. Considering that ECOWAS may enter into agreements with other international and
regional organisations for the furtherance and achievement <strong>of</strong> its objectives; and that it recognises
peace building issues and humanitarian principles as important elements in conflict
prevention and management;
5. Recalling Article VIII <strong>of</strong> the 1969 OAU Convention governing the specific aspects
<strong>of</strong> refugee problems in Africa, whereby Member states are requested to cooperate with UN-
HCR;
6. Considering that the mandate <strong>of</strong> UNHCR is to provide international protection and
assistance to refugees, returnees and other persons <strong>of</strong> concern including stateless persons
and internally displaced population and to seek durable solutions for their problems and situations
through local settlement, voluntary repatriation or resettlement;
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7. Considering that, in order to attain these objectives, UNHCR accords primacy to
activities performed in the areas <strong>of</strong> peace and security, democracy and political stability,
respect for rule <strong>of</strong> law and human rights as well as social and economic development;
8. Bearing in mind that the special protection and assistance needs <strong>of</strong> refugee women
and children and unaccompanied minors who, together, constitute the overwhelming majority
<strong>of</strong> any refugee or internally displaced population, is central to the fulfilment <strong>of</strong> UN-
HCR's mandate;
9. Determined that these issues should be resolved in a manner consistent with the
relevant legal, humanitarian and human rights principles which take account <strong>of</strong> legitimate
political, social and economic interests <strong>of</strong> all the countries and Member States <strong>of</strong> ECOW-
AS;
10. Convinced that co-operation between the parties hereto will serve their purposes
and mutual interests more adequately and render their respective activities more beneficial
to ECOWAS Member States and UNHCR;
The two Contracting Parties have agreed as follows:
Article I. Obiective
The objective <strong>of</strong> this Agreement is to establish a framework for a multisectional cooperation
between ECOWAS and UNHCR, in agreed areas, as well as to facilitate cooperation
between UNHCR and Governments <strong>of</strong> ECOWAS Member States in the same agreed
areas;
Article II. Areas <strong>of</strong> Co-operation
The parties shall co-operate in the following areas:
1. Refugees and asylum seekers, particularly refugee women and children and unaccompanied
minors, forced population movements into and within the region, asylum and
refugee protection principles, humanitarian and human rights law i.e. refoulement, expulsion,
arbitrary detention, education, freedom <strong>of</strong> movement, etc.
2. Organised and spontaneous voluntary repatriation, as well as
related rehabilitation and reintegration activities; local settlement
and resettlement within ECOWAS countries;
3. Establishment and development <strong>of</strong> mechanisms for managing and addressing the
root causes <strong>of</strong> refugee situations and issues related to security concerns in camps and areas
hosting refugees, returnees and populations <strong>of</strong> concern to UNHCR;
4. Post conflict recovery, prevention and early warning activities and measures;
5. Promotion <strong>of</strong> refugee law and legislation and status determination procedures
within ECOWAS countries i.e. harmonisation <strong>of</strong> national legislations and procedures with
ECOWAS Treaty as regards freedom <strong>of</strong> movement, properties, social welfare, etc .;
6. Funding for internally displaced persons, refugees, and returnees related activities
to be carried out by ECOWAS and UNHCR together;
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7. Joint training activities related to refugees, returnees, internally displaced persons
or any other persons <strong>of</strong> concern to UNHCR.
Article III. Institutional Arrangement
1. The Executive Secretary, on behalf <strong>of</strong> ECOWAS and the UNHCR Regional Director
for West And Central Africa Bureau on behalf <strong>of</strong> UNHCR, shall be responsible for
the implementation <strong>of</strong> this <strong>Memorandum</strong> <strong>of</strong> <strong>Understanding</strong>.
2. ECOWAS will undertake to inform all Member States and relevant regional and
international organisations <strong>of</strong> this <strong>Memorandum</strong> <strong>of</strong> <strong>Understanding</strong>.
3. UNHCR will undertake to inform all its Representatives within ECOWAS Member
States and all relevant organisations and operational partners <strong>of</strong> this <strong>Memorandum</strong> <strong>of</strong>
<strong>Understanding</strong>.
Article IV. Functions <strong>of</strong> the Co-operating institutions
ECOWAS and UNHCR shall:
1. In accordance with their respective mandates, address the social, economic, political
and security issues in the sub-region, particularly those which have a bearing on the
root causes <strong>of</strong> forced population displacement, refugee protection, provision <strong>of</strong> humanitarian
assistance, and the search for durable solutions;
2. Establish and or strengthen mechanisms, procedures and institutions at national,
regional and international level, in order to create sustainable local capacity for the provision
<strong>of</strong> protection and assistance to refugees, particularly refugee women and children and
unaccompanied minors, returnees and other persons <strong>of</strong> concern to UNHCR and to give effect
wherever necessary to the concept <strong>of</strong> burden sharing;
3. Promote accession to international and regional instruments relating to refugees,
particularly refugee women and children, unaccompanied minors, stateless persons and
statelessness as well as other persons <strong>of</strong> concern to UNHCR and encourage ECOWAS
countries to enact or amend, as appropriate, their national refugee legislation in accordance
with these instruments and human rights, and humanitarian principles foreseen within the
ECOWAS Treaty;
4. Initiate and support academic research and studies on refugees in particular refugee
women and children, unaccompanied minors and persons <strong>of</strong> concern to UNHCR as well as
relevant training for Government <strong>of</strong>ficials, Non Governmental Organisations and staff
members <strong>of</strong> other organisations; with a view to promoting awareness and respect <strong>of</strong> refugee
law in particular, and humanitarian and human rights principles in general;
5. Promote public awareness and proper understanding <strong>of</strong> refugees and forced population
movements, and the need for their protection and assistance; through advocacy
studies and promotion activities related to refugee law, human rights and humanitarian
principles;
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6. Have consultations and exchange <strong>of</strong> information and documentation in order to
strengthen national and regional emergency preparedness mechanisms so as to respond effectively
to
humanitarian emergencies within the sub-region;
7. Promote environmental rehabilitation and development <strong>of</strong> respect for and protection
<strong>of</strong> the natural environment among refugee population as well as in refugee affected areas;
8. Collaborate with non-governmental and other organisations at national and regional
levels to support the attainment <strong>of</strong> the objectives <strong>of</strong> this <strong>Memorandum</strong> <strong>of</strong> <strong>Understanding</strong>;
9. Co-operate on other humanitarian activities as may be agreed upon by the Contracting
Parties.
Article V. Operating modalities
1. The Contracting Parties shall establish such procedures and mechanisms, as appropriate,
for the development and implementation <strong>of</strong> strategies, programmes and activities
necessary to achieve the objectives <strong>of</strong> this <strong>Memorandum</strong> <strong>of</strong> <strong>Understanding</strong>;
2. ECOWAS and UNHCR shall exchange information, studies, reports, data-bases
and documents on matters <strong>of</strong> mutual interest, and shall collaborate in the collection, analysis
and dissemination there<strong>of</strong>, subject to such agreements as shall be necessary to safeguard
the confidentiality and restricted character <strong>of</strong> such documents and information;
3. The Contracting Parties shall collaborate within any other operating modalities,
including meetings, as shall be mutually agreed upon.
Article VI. Financial provision
The Contracting Parties shall cooperate in mobilising the necessary resources for implementing
agreed programmes, projects and activities.
Article VII. Supplementary arrangements
ECOWAS and UNHCR shall enter into such supplementary arrangements or agreements
within the scope <strong>of</strong> this <strong>Memorandum</strong> <strong>of</strong> <strong>Understanding</strong> as shall be mutually agreed
upon.
Article VIII. Settlement <strong>of</strong> Disputes
Any disputes arising from the interpretation or implementation <strong>of</strong> this <strong>Memorandum</strong>
<strong>of</strong> <strong>Understanding</strong>, shall be settled by mutual agreement between the Contracting Parties,
with a view to ensuring successful realisation <strong>of</strong> the objectives <strong>of</strong> this <strong>Memorandum</strong> <strong>of</strong> <strong>Understanding</strong>.
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Article IX. Amendment
The <strong>Memorandum</strong> <strong>of</strong> <strong>Understanding</strong> shall be amended by mutual written consent between
the Contracting Parties.
Article X. Entry into Force and Termination
This <strong>Memorandum</strong> <strong>of</strong> <strong>Understanding</strong> shall enter into force on the date <strong>of</strong> its signature,
and shall remain for an unlimited period <strong>of</strong> time, until terminated by mutual agreement, following
one party giving three months written notice <strong>of</strong> its intention to terminate this <strong>Memorandum</strong>
<strong>of</strong> <strong>Understanding</strong>.
Done at New.York , this 19th day <strong>of</strong> November 2001, in two originals in the English
and French languages, both texts being equally authentic.
For the Economic Community <strong>of</strong> West African States:
Lansana Kouyate
For the United Nations High Commissioner for Refugees:
Ruud Lubbers
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