This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 08 ANKARA 000509 
 
SIPDIS 
 
 
SENSITIVE 
 
 
DEPT. FOR PRM, IO, EUR/SE AND NEA/NGA 
 
 
E.O. 12958: N/A 
TAGS: PREL PREF PHUM PTER TU IZ
SUBJECT: TURKISH REFUGEES IN IRAQ: BROAD CONSENSUS ON 
CONTENT OF AGREEMENT REACHED BETWEEN TURKEY, IRAQ, US AND 
UNHCR 
 
REF: A. STATE 5739 
     ¶B. 03 ANKARA 7213 
 
 
¶1. (SBU) After three days of intense, hard-fought 
negotiations in Ankara January 20-22 between Turkish, 
Iraqi/CPA, US and UNHCR reps on a draft agreement for the 
repatriation of Turkish refugees from Iraq, the parties 
reached broad consensus on the content of an agreement.  A 
text reflecting that consensus was negotiated (text at para 
3) but was neither signed nor initialed, pending final 
approval from the negotiating parties.  The UNHCR and Iraqi 
reps were prepared to sign the document as is.  Turkey asked 
for a letter from the Secretary of State pledging the USG's 
support for the implementation of the agreement for its 
duration before Turkish reps would sign.  L and CPA General 
Counsel are currently reviewing the text in the context of 
the Turkish request.  The parties agreed that any required 
changes be circulated and agreed by fax, e-mail or diplomatic 
correspondence, and that signatures would be done by fax 
if/when final approvals are forthcoming. 
 
 
¶2. (U) The Turkish side was represented by MFA Deputy 
Undersecretary Nabi Sensoy on Jan. 20 and by Director General 
for Multilateral Affairs Amb. Daryal Batibay Jan. 21-22, as 
well as Deputy DG for Multilateral Affairs Tunc Ugdul and 
Multilateral Affairs Deskoff Alp Ay.  The Iraqi/CPA 
delegation included Minister for Displacement and Migration 
Mohammed Jassim Khudayir al-Otbee, Ministry of Displacement 
staffer Mohammed Abdulaziz Hussein, CPA Senior Advisor to the 
Ministry of Displacement and Migration Jose Lamego and CPA 
Deputy Senior Advisor to the Ministry of Displacement and 
Migration Jennifer Johnson.  The UNHCR was represented by 
Assistant High Commissioner for Refugees Kamel Morjane (Jan. 
21 only), Europe Director Raymond Hall, Deputy Director of 
International Protection Wilbert van Hovell, Turkey Rep 
Gesche Karrenbrock, and Deputy Turkey Rep Steve Corliss.  The 
US delegation included Assistant Secretary for Population, 
Refugees and Migration Arthur Dewey, PRM Officer Andy Wyllie 
and Emboffs. 
 
 
¶3. (SBU) The negotiated text under consideration reads as 
follows: 
 
 
VOLUNTARY REPATRIATION AGREEMENT 
 
 
The Government of Turkey, the Authorities in Iraq and the 
United Nations High Commissioner for Refugees (UNHCR) 
(hereinafter referred to as the &the Parties8), 
 
 
(a) Recognizing that the right of all citizens to leave and 
to return to their country is a basic human right enshrined, 
inter alia, in Article 13(2) of the 1948 Universal 
Declaration of Human Rights and Article 12 of the 1966 
International Covenant on Civil and Political Rights; 
 
 
(b) Recalling that the United Nations General Assembly 
Resolution 428 (V) of 14 December 1950, which adopted the 
Statute of UNHCR, ascribes to the High Commissioner the 
function of providing international protection to refugees 
and of seeking permanent solutions for the problems of 
refugees, inter alia, by promoting and facilitating their 
voluntary repatriation and re-integration in their country of 
origin; 
 
 
(c) Recognizing that voluntary repatriation, where feasible, 
constitutes the preferred durable solution for the problems 
of refugees, and that the attainment of this solution 
requires that refugees are able to return in conditions of 
safety and dignity; 
 
 
(d) Noting that Conclusions 18 (XXXI) and 40 (XXXVI) of the 
Executive Committee of the High Commissioner,s Programme 
constitute internationally accepted principles and standards 
governing the voluntary repatriation of refugees; 
 
 
(e) Noting with appreciation the stated willingness of the 
Government of Turkey to welcome back, in conditions of safety 
and dignity, all Turkish citizens present as refugees in 
Iraq, who wish to repatriate to and rebuild their lives in 
Turkey; 
 
 
(f) Agreeing on the closure of the relevant refugee camps in 
Iraq and in particular the Makhmour camp by finding 
appropriate durable solutions for the Turkish citizens 
present as refugees in Iraq who do not avail themselves of 
the voluntary return process; 
 
 
(g) Recognizing the need to define the specific procedures 
and modalities for the voluntary repatriation and 
reintegration of refugees from Turkey currently in Iraq with 
the assistance of UNHCR, as may be supported by other United 
Nations agencies and intergovernmental organizations, and 
where appropriate and with the consent of the relevant Party, 
by non-governmental organizations; 
 
 
Have agreed as follows: 
 
 
ARTICLE 1 
 
 
Definitions 
 
 
For the purpose of this Agreement, 
 
 
¶1. The term &Authorities in Iraq8 shall, for the purpose of 
implementing this Agreement, comprise the Governing Council 
of Iraq and its successor(s), noting that the Authorities in 
Iraq will fully implement this Agreement in close 
coordination with the Coalition Provisional Authority during 
its mandate. 
 
 
¶2. The term "refugee" shall mean any Turkish citizen, as 
defined in the Turkish Law on Nationality, who is living as a 
refugee in Iraq. 
 
 
¶3. The term "returnee" shall mean any refugee as defined in 
paragraph 2 of this Article, who has voluntarily returned to 
Turkey pursuant to this Agreement. 
 
 
ARTICLE 2 
 
 
Establishment of a Voluntary Repatriation Commission 
 
 
A Voluntary Repatriation Commission is hereby established by 
the Parties. 
 
 
ARTICLE 3 
 
 
Composition of the Commission 
 
 
¶1. The Commission shall comprise three members; each of the 
Parties shall designate a member. The delegation of Iraq will 
include a representative of the Coalition Provisional 
Authority throughout the duration of the Authority,s mandate. 
 
 
¶2. Any Member of the Commission may be accompanied to its 
meetings by advisers. 
 
 
¶3. Where a Member is unable to attend to any business of the 
Commission, that Member shall designate a substitute. 
 
 
ARTICLE 4 
 
 
Role and Function of the Commission 
 
 
The Commission shall consider and agree upon by consensus or 
advise the Parties on such matters or measures as may be 
necessary for the implementation of this agreement. 
 
 
 
 
ARTICLE 5 
 
 
Meetings of the Commission 
 
 
¶1. Meetings of the Commission may be convened whenever 
necessary and at such venue as may be agreed upon. 
 
 
¶2. The Commission shall adopt its own Rules of Procedure. 
 
 
ARTICLE 6 
 
 
Ad Hoc Arrangements/Liaison Officers 
 
 
The Parties shall designate Liaison Officers at their 
respective diplomatic Missions or, in the case of UNHCR, 
offices in Ankara, Baghdad and Geneva with powers to deal 
with unforeseen operational issues on an ad hoc basis. 
Liaison Officers will also be designated by the Coalition 
Provisional Authority throughout the duration of its mandate. 
 
 
ARTICLE 7 
 
 
Voluntary Character of Repatriation 
 
 
¶1. The Parties hereby reaffirm that the repatriation of 
refugees relevant to Turkey shall only take place at their 
freely expressed wish based on their full knowledge of 
relevant facts. 
 
 
¶2. The Authorities in Iraq shall ensure that the refugees can 
reach and express their decision without coercion, 
intimidation or threats from any persons who might be opposed 
to repatriation.  Any measures which may be necessary in this 
regard shall be taken in close consultation with UNHCR and in 
conformity with relevant standards of law. 
 
 
ARTICLE 8 
 
 
Freedom of Choice of Destination 
 
 
¶1. The Government of Turkey agrees that the returnees shall 
be free in principle to return to, and settle in, their 
former places of residence or any other places of their 
choice within Turkey.  Exceptions to choice of settlement can 
be based on compelling reasons of security or administrative 
requirements in the interest of the individual concerned, 
such as the availability of public services, in which cases 
he/she shall be duly notified prior to return. 
 
 
¶2.  Returnees will be entitled to assistance, as required, 
and their rights shall be respected in the framework of the 
Turkish law. Returnees shall benefit from the &Return to 
Villages and Rehabilitation Program8 to facilitate their 
settlement. 
 
 
ARTICLE 9 
 
 
Return in Safety and with Dignity 
 
 
¶1. The Parties agree that the voluntary repatriation of 
refugees under this Agreement shall take place only when 
there exist conditions conducive to their return in safety 
and with dignity to places of final destination. 
 
 
¶2. Whereas the Authorities in Iraq shall retain 
responsibility for the safety and security of the 
repatriating refugees while on the territory of Iraq, 
including in camps, transit facilities and during convoy 
movements en route to the designated border crossing points, 
the Government of Turkey shall be responsible for the safety 
and security of the returnees once within the territory of 
Turkey. 
 
 
ARTICLE 10 
 
 
Assurances upon Return 
 
 
¶1. The Government of Turkey shall issue, in print as well as, 
when appropriate, through broadcast media, public messages to 
welcome and to encourage Turkish citizens present as refugees 
in Iraq to voluntarily repatriate in safety and dignity, and 
with the full enjoyment of their rights as citizens of the 
Republic of Turkey. 
 
 
¶2. Refugees shall be notified, prior to return, whether or 
not they are subject to any pending criminal investigations, 
charges, or convictions in absentia with regard to any 
violation of Turkish laws. Any violation regarding the 
illegal exit from the country, shall be considered under the 
statute of limitation as stipulated in Article 102 of the 
Turkish Penal Code. 
 
 
¶3. Refugees shall have full access to all legal remedies 
provided in accordance with Turkish law. 
 
 
¶4. The Government of Turkey shall defer the commencement of 
military service by returnees for a period of 6 months upon 
their repatriation from Iraq. 
 
 
¶5. The Government of Turkey shall ensure that returnees have 
access to land for settlement and use, in accordance with the 
relevant national laws. 
 
 
¶6. The Government of Turkey shall facilitate, to the extent 
possible, the recovery and/or restitution to the returnees of 
land or other immovable or movable property which they left 
behind. Property records shall be freely accessible and 
available to all returnees.  The rights and benefits of this 
paragraph will also be applicable to the legal inheritors. 
 
 
ARTICLE 11 
 
 
Juridical Status and Equivalency 
 
 
The Government of Turkey shall accord legal recognition to 
births, marriages and deaths based on documentation certified 
by the recognized Iraqi authority or provided by UNHCR, and 
to adoptions, divorces and other changes of legal status as 
may be compatible with Turkish law. The Government of Turkey 
shall recognize to the extent feasible under existing 
regulations the equivalency of academic and vocational 
skills, diplomas and certificates obtained by the refugees 
while in Iraq. 
 
 
ARTICLE 12 
 
 
Citizenship 
 
 
To the extent children of refugees who are born in Iraq do 
not automatically possess Turkish citizenship, the Government 
of Turkey shall ensure that it be granted within a reasonable 
timeframe. 
 
 
ARTICLE 13 
 
 
UNHCR's Supervisory Role 
 
 
UNHCR's leading role in promoting, facilitating and 
coordinating voluntary repatriation of refugees as well as 
the monitoring of returnees in order to ensure that 
repatriation is voluntary and carried out in conditions of 
safety and dignity shall be fully respected by the other 
Parties. 
 
 
ARTICLE 14 
 
 
UNHCR Access to Refugees and Returnees 
 
 
¶1. In order to be able to effectively carry out its 
international protection and assistance functions, UNHCR 
shall be granted free and unhindered access in Iraq to all 
refugees, and in Turkey to all returnees, wherever they may 
be located.  Likewise, all refugees and returnees shall be 
granted free and unhindered access to UNHCR. 
 
 
¶2. The Government of Turkey shall, in particular, extend full 
cooperation to UNHCR to allow UNHCR to monitor the treatment 
of returning refugees in accordance with humanitarian and 
human rights standards, including the implementation of the 
commitments contained in this Agreement. 
 
 
¶3. In order to enable UNHCR to carry out its monitoring 
functions in accordance with paragraph 1 and 2, the 
Government of Turkey shall inform UNHCR about every case of 
arrest, detention and legal proceedings involving returnees 
and grant UNHCR free access to returnees under arrest or in 
detention, in accordance with procedures under Turkish law. 
 
 
¶4. The access provided to UNHCR under paragraph 1 shall, as 
appropriate, extend to inter-governmental organizations with 
which UNHCR may enter into agreements for the implementation 
of one or more components of the repatriation operation 
contemplated under this Agreement. The same applies for 
non-governmental organizations with the consent of the 
relevant Party. 
 
 
ARTICLE 15 
 
 
Information and Sensitization Campaign 
 
 
¶1. UNHCR shall, in cooperation with the other Parties, 
organize a campaign to provide the refugees with objective 
and accurate information relevant to their repatriation to 
and reintegration in Turkey so that the refugees shall be 
able to make the decision to repatriate in full knowledge of 
the facts.  For this purpose, UNHCR shall be given free and 
unhindered access to areas from which the refugees originate, 
as well as, in accordance with Article 14, to any returnees 
living in the same areas. 
 
 
¶2. The Parties shall, as appropriate, facilitate visits to 
Turkey and Iraq for the purposes of providing objective and 
transparent information, answering questions, communicating 
conditions of and upon repatriation, and inviting and 
welcoming the refugees back to Turkey. 
 
 
¶3. The Government of Turkey shall take all necessary 
measures, with a view to creating conditions conducive to the 
reintegration of returnees in safety and dignity. 
 
 
ARTICLE 16 
 
 
Registration, Re-admission and Documentation 
 
 
¶1. Pursuant to its mandated responsibility to ensure the 
voluntary character of the decision to return, UNHCR shall, 
in consultation with the other Parties, devise the most 
appropriate means for the interview and registration by UNHCR 
of those refugees who wish to repatriate. 
 
 
¶2. UNHCR shall share all relevant registration data, 
including the intended place of return, with the Government 
of Turkey so as to enable where needed the establishment of 
proper reception and assistance arrangements. 
 
 
¶3. The Parties acknowledge the importance of organizing an 
efficient voluntary repatriation process.  To this end, the 
Government of Turkey shall respond within four weeks with 
respect to each group not exceeding 250 returnees, including 
the required notification under Article 10 (2). 
 
 
¶4. Duly completed UNHCR Voluntary Repatriation Forms (VRFs), 
the content of which shall be mutually agreed upon by the 
Parties, shall be recognized as valid identity documents in 
Iraq and Turkey and as travel documents for the purpose of 
the refugees' return to their final destinations in Turkey. 
 
 
¶5. For the purpose of receiving and identifying the 
returnees, an interview will be conducted at the border by 
the relevant Turkish authorities. 
 
 
¶6. The Government of Turkey shall ensure that returnees 
receive, in a timely manner, identity documents normally 
accorded to Turkish citizens. 
 
 
ARTICLE 17 
 
 
Preservation of Family Unity 
 
 
¶1. In accordance with the principle of family unity, UNHCR, 
in cooperation with the other Parties, shall make every 
effort to avoid the involuntary separation of families. 
Where such efforts fail, a mechanism shall be established for 
their reunification in Turkey. 
 
 
¶2. In order to preserve the unity of the family, non-Turkish 
spouses and/or children of repatriating refugees shall be 
allowed to enter and remain in Turkey and receive an 
appropriate legal status. The principle established herein 
shall also apply to non-Turkish spouses as well as children 
of deceased Turkish refugees who may wish to enter and remain 
in Turkey to preserve family links. 
 
 
ARTICLE 18 
 
 
Special Measures for Vulnerable Groups 
 
 
The Parties shall take special measures to ensure that 
vulnerable groups receive adequate protection, assistance and 
care throughout the repatriation and reintegration process. 
This is particularly relevant for single women, minors, the 
elderly and the handicapped. 
 
 
ARTICLE 19 
 
 
Designated Border Crossing Points 
 
 
The Parties shall agree on border crossing points for 
organized voluntary repatriation movements. 
 
 
ARTICLE 20 
 
 
Immigration, Customs and Health Formalities 
 
 
¶1. To ensure the expeditious return of refugees and their 
belongings, the Authorities in Iraq and the Government of 
Turkey shall expedite their respective immigration, customs 
and health formalities carried out at border crossing points. 
 
 
¶2. Refugees shall be entitled to bring with them, free from 
import duties, their personal effects. Refugee families shall 
be entitled to bring with them, free from import duties, 
their household effects. Other items will be governed by 
Turkish law and regulations. 
 
 
¶3. In view of health regulations, livestock shall not be 
allowed to enter into Turkey. 
 
 
ARTICLE 21 
 
 
Movement and Security of UNHCR Staff and Resources 
 
 
¶1.    The Authorities in Iraq and the Government of Turkey 
shall facilitate the movement of staff and personnel of UNHCR 
and of its approved implementing partners, as well as 
vehicles, relief goods and equipment used in the operation 
into, within and out of Iraq and Turkey. In particular, they 
shall authorize UNHCR to issue two-way cross-border travel 
authorizations, the format of which shall be mutually agreed 
upon by the Parties and UNHCR, to such staff and personnel 
for the duration of the repatriation operation. 
 
 
¶2.  UNHCR shall duly inform the other parties of their staff 
involved in the operation at any one time, and notify them of 
changes as appropriate. 
 
 
¶3. The Authorities in Iraq and the Government of Turkey shall 
take all feasible steps with a view to protecting the 
security and safety of UNHCR staff and all other personnel 
engaged in the repatriation operation provided for under this 
Agreement.  Security measures shall not compromise the 
principle of free and unhindered access to refugees and 
returnees, respectively, including the confidential nature of 
UNHCR,s monitoring contacts with them, as well as the purely 
humanitarian and non-political nature of UNHCR,s operations 
or the perception thereof. 
 
 
ARTICLE 22 
 
 
Re-integration Assistance 
 
 
The Government of Turkey shall facilitate the sustainable 
economic and social re-integration of repatriating refugees 
through the implementation of the &Return to Villages and 
Rehabilitation Program8 and other assistance measures as 
necessary. 
 
 
 
 
 
 
ARTICLE 23 
 
 
Relief Goods, Materials and Equipment 
 
 
¶1. The High Commissioner shall use his best endeavours to 
obtain the resources required from the international 
community to carry out the repatriation operation and, if 
necessary, to provide re-integration support in addition to 
the re-integration programme of the Government of Turkey. 
 
 
¶2. The Authorities in Iraq and the Government of Turkey shall 
exempt from the relevant taxes, duties and levies all relief 
goods, materials, equipment and means of transport destined 
for use in the repatriation and reintegration operation. They 
shall expedite the clearance and handling of such resources. 
Entrance of means of transport into Turkey will be within the 
framework of the provisional import regime of Turkey. 
 
 
¶3. The Authorities in Iraq and the Government of Turkey 
hereby authorize UNHCR to use UN communications equipment, 
frequencies and networks and shall, whenever operational 
requirements make this necessary, facilitate the allocation 
of other frequencies. The relevant written authorizations for 
equipment, frequencies and cross-border networks shall be 
issued to UNHCR. 
 
 
ARTICLE 24 
 
 
UNHCR Field Offices 
 
 
UNHCR may, whenever required for the purpose of a more 
effective discharge of its responsibilities under this 
Agreement, establish Field Offices at locations to be agreed 
with the Party concerned. 
 
 
ARTICLE 25 
 
 
Continued Validity of other Agreements 
 
 
This Agreement shall not affect the validity of any existing 
agreements, arrangements or mechanisms of cooperation between 
the Parties.  To the extent necessary or applicable, such 
agreements, arrangements or mechanisms may be relied upon and 
applied as if they formed part of this Agreement to assist in 
the pursuit of the objectives of this Agreement, namely the 
voluntary repatriation and reintegration of refugees. 
 
 
ARTICLE 26 
 
 
Resolution of Disputes 
 
 
Any question arising out of the interpretation or application 
of this Agreement, or for which no provision is expressly 
made herein, shall be resolved amicably through consultations 
between the Parties. 
 
 
ARTICLE 27 
 
 
Entry into Force 
 
 
This Agreement shall enter into force upon approval by the 
Parties in accordance with their respective procedures, and 
notification thereof through diplomatic channels. 
 
 
ARTICLE 28 
 
 
Amendment 
 
 
This Agreement may be amended by mutual agreement in writing 
between the Parties. 
 
 
ARTICLE 29 
 
 
Review 
 
 
Towards the end of the duration of this Agreement, the 
Parties will evaluate progress achieved and work for setting, 
by consensus, a timeframe for achieving durable solutions for 
the Turkish citizens remaining in Iraq as refugees, and thus 
also allowing for the closure of the relevant camps in Iraq, 
and in particular the Makhmour camp. 
 
 
ARTICLE 30 
 
 
Termination 
 
 
This Agreement shall remain in force for one year unless 
extended by mutual agreement between the Parties. 
 
 
In witness thereof, the authorized representatives of the 
Parties have hereby signed this Agreement. 
 
 
DONE at , this day of . 2004, in three originals, in the 
English language, which will be the authoritative version for 
interpretation purposes. 
 
 
 
 
For the Government of Turkey 
Mr. Daryal Batibay 
Ambassador 
Director General for Multilateral Political Affairs 
Ministry of Foreign Affairs 
 
 
For the Authorities in Iraq 
Mr. Mohammed Jassim Khudayir 
Minister of Displacement and Migration 
 
 
For the United Nations High Commissioner for Refugees 
Mr. Raymond Hall 
Director of the Regional Bureau for Europe 
 
 
End negotiated text. 
 
 
¶4. (U) Assistant Secretary Dewey has cleared this message. 
DEUTSCH