Key Benefits:
Original text
(State on 9 April 2015)
The Swiss Federal Council and the Executive of the Republic of Angola
Hereinafter referred to as "the Parties";
Recognising the importance of cooperation and mutual support in the field of migration, particularly in irregular migration;
Underlining the importance of the Universal Declaration of Human Rights, in particular art. 2 and art. 12 of the International Covenant on Civil and Political Rights 1 ;
Recognising the urgent need to harmonise their policies to combat irregular migration and to jointly take action to deal with them;
Determined to participate actively in the partnership between the countries of origin, transit and destination of migration flows between Africa and Europe, arising from the first African Conference on Migration and Development held at Rabat in July 2006;
Considering the good bilateral cooperation relations, in the spirit of solidarity and in accordance with the principles and objectives of the Charter of the United Nations 2 ;
Agreed to the following:
The purpose of this Agreement shall be to manage migration-related matters in accordance with the provisions of this Agreement.
This Agreement shall apply to nationals of Parties who reside irregularly in the territory of the other Party.
The Parties undertake, within the limits of their legislation, to provide mutual assistance in respect of:
The Parties undertake to respect the Human Rights Conventions to which they have subscribed.
2. For the implementation of this Agreement, the Parties undertake to collaborate in particular with the Organization for Migration (IOM) and the Office of the United Nations High Commissioner (UNHCR).
3. This Agreement shall not affect the obligations of the Parties arising from the international conventions to which the Parties are members, in particular:
1. The Parties undertake, within the limits of their legislation, to encourage the return of their nationals who have decided to return voluntarily to their country by the definition and implementation of a voluntary return programme and Assisted. The country of residence granted assistance likely to favour the reintegration of such persons in their country of origin in accordance with its national legislation in force, namely:
2. The Parties shall regularly inform themselves of the development, implementation and results of the measures taken under the preceding paragraph.
The Parties undertake, within the limits of their legislation, to provide mutual assistance in the definition and implementation of structural assistance projects with the following aims:
The Parties, within the limits of their legislation, undertake to facilitate access by nationals of the other Party to the infrastructure and programmes set up, as well as to measures taken in the field of integration within society Of reception.
The Parties shall require each other to facilitate the return of their nationals. As such:
Information relating to the personal data of nationals of the Parties subject to readmission shall relate exclusively to:
Personal data transmitted in execution of this Agreement shall be treated and protected in accordance with the laws on data protection in force in each Party and the provisions of the applicable international conventions In the matter to which the two Parties are bound.
As such:
For the purposes of this Agreement, the competent authorities shall be the following:
(2) The Parties may at any time designate another competent authority and notify the other Party by diplomatic means.
3. Without prejudice to the mechanisms for the evaluation and monitoring of bilateral cooperation under Art. 5, para. 2, 12 and 13 of this Agreement, the competent authorities referred to in this Article shall meet at the request of one of the Parties to assess the level of implementation of this Agreement.
Each Party may request, through diplomatic channels, the convening of a meeting of experts composed of representatives of the Parties to discuss specific issues.
The competent authorities of both Parties shall exchange any information relevant to the implementation and application of this Agreement.
Any dispute concerning the interpretation, application or implementation of this Agreement shall be settled by direct negotiation or through diplomatic channels.
The programmes, projects or activities set up under this Agreement shall be developed and financed on a bilateral basis between the Parties or through multilateral actions.
(1) The application of the repatriation measures set out in this Agreement shall not affect any right previously acquired in accordance with the national law of the Parties.
(2) Repatriation effected pursuant to this Agreement shall not affect the right of persons wishing to return to the territory of the requesting Party, where the requirements for entry are met in accordance with the law Of this one.
The procedure and guarantees for the readmission of persons are described in the Annex, which forms an integral part of the Agreement.
This Agreement may be amended by agreement between the Parties. Each Party shall notify the other of the completion of its internal procedures required for the approval of the amendments; these shall enter into force thirty (30) days after the date of receipt of the last notification.
Each Party may, after notifying the other Party, suspend the application of this Agreement for reasons of public policy, national security or public health. The suspension of the Agreement and its removal shall take effect upon receipt by the other Party of a notification by diplomatic means.
This Agreement shall be concluded for a period of five (5) years, automatically renewable for the same period if none of the Parties informs the other, by diplomatic means at least ninety (90) days before the date of termination of this Agreement. Agreement, of its intention to terminate it.
This Agreement shall enter into force thirty (30) days from the date on which the Parties notify each other of the completion of the required internal procedures.
In witness whereof , the undersigned representatives sign this Agreement.
Done at Luanda on February 6, 2013, in two (2) originals in the French and Portuguese languages, each of the texts being equally authentic.
| For the Swiss Federal Council: Simonetta Sommaruga |
For the Executive of the Republic of Angola: Angelo of Barros Veiga Tavares |
1. Under s. 8 of the Agreement, each Party shall readmit its nationals where their nationality is demonstrated through a valid passport or any other valid travel or identity document established or recognized by its authorities Competent.
2. Repatriation procedures shall be carried out without the issuance of a travel document if the person in question has a valid passport or other valid travel document recognised by the authorities Competent authority of the requested Party.
3. In accordance with the provisions of s. 1 and 2, the Parties shall exchange within thirty (30) days of the signing of the Agreement a list of the above-mentioned documents, as well as specimens thereof.
1. Where nationality cannot be demonstrated, it may be presumed by means of:
2. The documents listed in s. 1, let. (a) to (e), constitute a presumption of nationality, even if their period of validity has expired or if they are in the form of photocopying.
Where it is not possible to obtain the necessary documents or other evidence to demonstrate the nationality of a person, but rather than the elements referred to in Art. 2 makes it possible to presume, an identification procedure is necessary. In that case, the authorities of the requesting Party shall seek the cooperation of diplomatic and consular officials or any other competent authority of the Party required to verify the nationality of that person. As such:
The costs relating to the repatriation of a national of the requested Party shall be borne by the requesting Party.
1. When a person has decided or is required to leave the country of residence, priority is given to his or her voluntary return. The assistance provided for in such a case is described in Art. 5, para. 1, of the Agreement. It shall be granted in accordance with the national legislation of the country of residence in force.
2. However, within the limits of the legislation in force, no person shall be repatriated without any means.
3. If a person is to be repatriated, the requesting Party shall facilitate the transfer of its legally acquired property.
1. Secure flights can be arranged for the return of persons who cannot be repatriated on commercial flights.
2. The terms and conditions of these flights referred to in par. 1 shall be fixed by common agreement by which the requesting Party shall:
3. The competent authority of the requested Party shall notify the requesting Party, through diplomatic channels, no later than ten (10) working days prior to the scheduled date of the flight.
If, at the time or after arrival on the territory of the requested Party, documentary and objective evidence proves that the person concerned is not a national of the requested Party, the requesting Party shall readmit that person in the Time, at his expense, on his territory.
