The Regulation on the State Committee of Azerbaijan Republic on the Refugees and Internally Displaced Persons Affairs

Approved by the Decree of the President
of Azerbaijan Republic, № 187,
Dated 1st of February, 2005.

Regulation

1. General Provisions
 

    1.1. The State Committee of Azerbaijan Republic on the Refugees’ and Internally Displaced Persons’ Affairs (hereafter referred  as the Committee) is the central executive power that shall implement the Government Policy on the  distribution, placement, repatriation, social security of the refugees and internally displaced persons, and improvement of their housing and living conditions in the areas   released from occupation.
 

    1.2. The Committee during its activities shall abide by the Constitution of Azerbaijan Republic, The Civil Code of Azerbaijan Republic, the Legislation of Azerbaijan Republic, the Decrees and Orders by the President of Azerbaijan Republic, the Decrees and Orders by the Cabinet of Ministers of Azerbaijan Republic, the International Contracts where Azerbaijan Republic is standing as supporter, and the current Regulations.

    1.3. The Committee during its activity will mutually cooperate with the central and local executive power organs of Azerbaijan Republic, with local self-governing organs, as well as social organizations and other legal bodies.

    1.4. The activities of the Committee are financed by the State Budget of Azerbaijan Republic and other sources not contradicting with the current legislation of Azerbaijan Republic.

    1.5. The Committee will have independent balance, cash and bank accounts, the seal with scraped state emblem of Azerbaijan Republic and the committee’s name on it, relevant stamp and forms.

    1.6. The Committee is located in Baku city.


2. Main Responsibilities of the Committee

The followings are the main responsibilities of the Committee:

     2.1. To participate in formulation of the state policy and ensure implementation of the policy on expanding the refugees’ and internally displaced persons’ employment, reduction of poverty and solving their social problems;

    2.2. To prepare a draft state programs on improvement of life conditions of the refugees and internally displaced persons and to arrange the realization of the program;

    2.3. To organize construction and rehabilitation of houses and social buildings for refugees and internally displaced persons and to provide the relevant project budget documents;

    2.4. To take part in the regulating the migration process of refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum);

    2.5. To collect the information on refugees and internally displaced persons current status, their needs and migration within the country, to conduct analysis on the collected information, to consolidate the information and develop recommendations;

    2.6. To conduct goal oriented activities in cooperation with relevant government organs, international government and non-government organization in order to enable refugees and internally displaced persons returning to the regions they were displaced from.

    2.7. To insure effective use of budget resources allocated for refugees and internally displaced persons;

   2.8. To insure improvement of communal services in the places and settlements, where internally displaced persons are living in compact;

    2.9. To hear the appeals for receiving the official "refugee" and "internally displaced person" status as defined by legislation and to take appropriate decisions;

    2.10. To carry out other assigned responsibilities according to legislation of Azerbaijan   Republic;

3. Main Functions of the Committee
 

    According to responsibilities defined by this Regulation the Committee will carry out the following functions:

    3.1. Grants the status of "refugee" and "internally displaced person" as defined by legislation of Azerbaijan Republic, and provides the document (identification card) certifying  the status or deprives of the status;

    3.2. Realizes the dissemination of the fact about the massive violation of rights of refugees and internally displaced persons to local and international public through relevant executive powers;

    3.3. Provides recommendations on improvement of legal-normative acts on solving the problems of the refugees and internally displaced who wishes to obtain the "refugee" status (seeking for asylum);

    3.4. As a client organization conducts supervision of the work of construction companies involved in construction of the housing, social buildings and technical infrastructure for refugees and internally displaced persons;

    3.5. Develops proposals on planning and construction of settlements and compact populated areas with necessary social objects for refugees and internally displaced persons, acts in mutual cooperation with the relevant agencies for establishment of production infrastructure in order to create employment opportunities for refugees and internally displaced persons;

    3.6. Organizes tracking of information on the refugees and internally displaced persons by their location and establishes the unique database on them;

    3.7. Carries out activities in cooperation with the relevant executive powers on provision of employment for the refugees and internally displaced persons, on organization of vocational trainings for them and takes action for enabling their involvement in small entrepreneurship;

    3.8. Conducts different kinds of rehabilitation and reintegration activities in the places of temporary population of the refugees and internally displaced persons at the time of their repatriation;

    3.9. Carries out activities in cooperation with the relevant executive powers on development of information package about occupied territories, social economic condition of those regions before the occupation, current problems of refugees and internally displaced persons, their needs, current life conditions and conducts actions on bringing these information into the attention of local and international public;

    3.10. Analyzes reasons for  the migration of refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum), develops proposals on regulating this process and takes action within the range of its  power;

    3.11. In cooperation with the relevant executive power ensures implementation of activities regarding the migration process of refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum);

    3.12. Take necessary actions on solving the problems of the persons who obtained "refugee" status for their adaption to local conditions;

    3.13. Conducts joint activities with relevant executive powers on receiving, settlement and social security of refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum);

    3.14. Conducts joint negotiations and consolations in the defined manner with international non-governmental organizations regarding collaboration on migration issues of refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum);

    3.15. In cooperation with relevant executive powers ensures receiving, recording, storage, distribution and delivery of different type of reliefs (aid) coming from work collectives, social and private organizations, foreign countries and private persons in the defined manner;

    3.16. Executes analysis of materials on the status of conducted activities on the refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum), develops analytical information, and publishes appropriate books, brochures, survey-information bulletins and etc;

    3.17. Ensures preservation and exploitation of housing foundation constructed for population of refugees and internally displaced persons and transferred to the balance of the Committee;

    3.18. In agreement with relevant agencies approves the scheme of the settlements and compact populated areas and enterprises, housing and social cultural objects within the settlements established for the refugees and internally displaced persons, carries out the task on projection of the objects accordingly;

    3.19. Develops proposals within the range of its authorities regarding the construction of housing, social, cultural objects, temporary allocation and  granting the plot of land to refugees and internally displaced persons;

    3.20. Deals with the problems of returning the refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum) to their permanent  residence districts, conducts rehabilitation of communication lines, roads, electric lines, water and gas pipes, production spheres, social objects in the populated areas, settlements and villages in mutual cooperation with the relevant executive powers, local and international non-government organizations and financial agencies;

    3.21. Takes part in calculations of the draft state budget on financial provision of refugees and internally displaced persons by the government, provides recommendations on this issue to appropriate government bodies;

    3.22.  In order to ensure planned temporary allocation of refugees and internally displaced persons in the cities and rayons the Committee arranges revision of projections on the housing problems of refugees together with appropriate government organs;

    3.23. Discuses the issues the of increasing the employment, poverty reduction and solving other problems of refugees and internally displaced persons in the conferences, seminars and other events hold by relevant government organs, and international organizations;

    3.24. Presents reports on realization of construction works, the objects put into exploitation and resource expenditures, to relevant organs as defined in the legislation;

    3.25. Realizes international cooperation on the issues within the range of its responsibility, takes part in the development of drafts of international contracts (agreements), organizes the conferences, seminars and other events;

    3.26. Ensures provision of food and non-food humanitarian aid to the refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum) based on their requests;

    3.27. Hears complains and petitions of the refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum) and takes measures as defined by the legislation;

    3.28. Carries out other functions according to legislation of Azerbaijan   Republic;


4. Rights of the Committee.
 
   
    In order to carry out its functions the Committee will have following rights and responsibilities:

    4.1. To provide proposals to appropriate government bodies on solving the problems of  the refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum);

    4.2. To develop the drafts of legal acts on the issues related to the Committee’s authority and present them to appropriate government bodies;

    4.3. To raise the issue to the appropriate government bodies on social security of the refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum);

    4.4.To receive information about all the entities and organizations not depending on their organizational and legal form, located in the territory of the country, on the issues relating to the responsibilities of the Committee;

    4.5. To supervise the delivery of monthly allowances provided for food purchase to refugees and internally displaced persons, in case of violations of laws in this sphere to take measures within the range of its authority and  in necessary cases to address to the relevant organs;

    4.6. In mutual cooperation with public and non-governmental organizations to take appropriate measures on migration issues of the refugees and internally displaced persons who intend to obtain "refugee" status (seeking for asylum);

    4.7. To develop guidelines and other normative documents regarding execution of missions under the responsibility of the Committee, and obtain approval on the documents from the appropiate government organs;

    4.8. To receive grant assistance from local international physical and legal bodies;

    4.9. To carry out other rights as defined by the legislation;


5. Organization of the Committee’s work.
 

    5.1. The central apparatus of the Committee and regional departments and other organization within its structure forms the unit system of the Committee.

    5.2. The number of Committee staff and list of organizations under the Committee system is approved by the Cabinet of Ministers of Azerbaijan Republic;

    5.3. The committee is chaired by the Chairman that assigned and dismissed by the President of Azerbaijan Republic. The Chairman is personally responsible for execution of responsibilities, functions and rights assigned to the Committee.

    5.4. The Chairman of the Committee will have a Deputy which assigned and dismissed by the President of Azerbaijan Republic.


The Chairman of the Committee:
 

Organizes performance of the committee and leads it;
Approves charters of structural units of the central apparatus and its subordinate organizations of the Committee;
Approves structures of bodies funded from the Committee and its budget within the limit of defined salary and number of employees, cost of estimate within the budget framework and payroll;
Appoints and dismisses the managers of the central office and its subordinate structural units of the Committee. It makes decision on staff incentives and discipline reproaches; gives orders and decrees mandatory to do by valid legislation;

    5.6. Committee has the functional Board comprised with the chairman, its deputies and managers of the Committee

    5.7. Composition of the Board is approved by the Cabinet of Ministers of the Republic of Azerbaijan.

    5.8. The Board decides key functions of the Committee and to improve its performance, and to approve policy on refugees, internally displayed person and those intends to obtain "refugee" status and seeking "asylum", execution of adopted decisions, recruitments, appointments, discusses performance of subordinated structural units and respective decisions.

    5.9. Board reviews others issues upon its discretion

    5.10. Board meeting is considered to be valid if half of the members are attending. Decisions are made by majority of votes and registered by protocols.  Decisions of the Board as a rule are implemented by the order of the Chairman.

    5.11. In case of equal split of votes, the vote of Chairman is decisive.

    5.12. In necessary cases, representatives of other executive bodies, heads of offices, enterprises and organizations, as well as public organizations are invite to the meetings of the Board.


Ilham Aliyev,
President of the Republic of Azerbaijan
 
 
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STATE COMMITTEE ON
REFUGEES AND IDPS ISSUES
OF THE REPUBLIC OF AZERBAIJAN
The address of committee: Baku, Tbilisi Ave., 129
Tel/fax: (99412) 430 09 21, 430 09 25
Email: info@refugee.gov.az