Memorandum of Understanding between the Government of Jordan and UNHCR
5 April 1998

UNOFFICIAL TRANSLATION

Preamble:

The same preamble of the Cooperation Agreement was reproduced.

Article (1):

The definition of refugee as appeared in article (1) of the 1951 Convention was reproduced without the geographic and time limitations.

Article (2):

In order to safeguard the asylum institution in Jordan and to enable UNHCR to act within its mandate to provide international protection to persons falling within its mandate, it was agreed;

(1)that the principle of non-refoulement should be respected that no refugee seeking asylum in Jordan will be returned to a county where his life of freedom could be threatened because of his race, religion, nationality, membership of a particular social group or political opinion;

(2)above does not include persons whose applications for asylum were rejected by UNHCR.

Article (3):

It was agreed to allow UNHCR to interview asylum seekers who entered Jordan clandestinely and are being held by competent authorities UNHCR would make its determination within seven days except in exceptional cases requiring other procedure and the period should not exceed a month.

Article (4):

Asylum seekers and refugees are under a duty to Jordan and in particular they are required to observe laws, regulations and other arrangements required for public order.

Asylum seekers and refugees are under the duty not to take any activities violating security or embarrass government on its relations with other countries or giving interviews to the media. In the case of violation UNHCR would endeavour to resettle recognized refugees.

Article (5):

Asylum should be humanitarian and peaceful and therefore the two parties have agreed that asylum seekers and refugees should receive a treatment as per the international accepted standards. A refugee should receive legal status and UNHCR would endeavour to find recognized refugees a durable solution be it voluntary repatriation to the country of origin or resettlement in a third country. The sojourn of recognized refugees should not exceed six months.

Article (6):

It was agreed to accord refugees treatment as favourable at the accorded with respect to freedom to practice their religion and freedom as regards to religious education of their children without discrimination as to race, religion or nationality and without contravening the constitution of Jordan provided that religious right are not contrary to the laws, regulations and public decency.

Article (7):

A refugee shall have free access to courts of law and in order to enjoy this treatment he has the right of litigation and legal assistance as accorded to the nationals wherever that is possible.

Article (8):

In order to enable a refugee to provide a living for his family it was agreed to accord a refugee who is legally residing in Jordan to work for his own account whenever the laws and regulations permit.

Article (9):

Refugees holding degrees recognized by the competent Jordanian authorities could practice liberal professions if the laws and regulations permit.

Article (10):

In order to find durable solutions and to facilitate voluntary repatriation or resettlement in a third country it was agreed to except refugees from overstay fines and departure fees.

Article (11):

In order to provide international protection and assistance for needy refugees it was agreed that UNHCR would provide assistance in accordance with the regulations in force.

Article (12):

In order to respond to emergencies in the event of large influx it was agreed that the two parties will cooperate to provide quick response for emergencies including establishment of a joint emergency mechanism to make available food, water, sanitation, shelter and medical treatment and also to provide physical safety for refugees and asylum seekers.

Article (13):

It was agreed to deal with problems pertaining to asylum and refugees through the liaison office at the Ministry of Interior UNHCR Branch Office undertakes to provide the liaison office with required personnel and the technical facilities required for this work UNHCR B. O. undertakes to inform the liaison office of all asylum applications and all correspondences in respect of asylum should be through the liaison office at the Ministry of Interior.

Article (14):

In order to safeguard the asylum institution the Government of the Hashemite Kingdom of Jordan would consider the establishment of a national mechanism for status determination.