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Memorandum of Understanding between UNHCR and Centre for Human Rights to Establish Understandings and Procedures to be Followed With Respect to Transfer of Information on Human Rights Violations in the Former Yugoslavia

Publisher UN High Commissioner for Refugees (UNHCR)
Publication Date 5 October 1992
Cite as UN High Commissioner for Refugees (UNHCR), Memorandum of Understanding between UNHCR and Centre for Human Rights to Establish Understandings and Procedures to be Followed With Respect to Transfer of Information on Human Rights Violations in the Former Yugoslavia, 5 October 1992, available at: http://www.refworld.org/docid/3ae6b3193c.html [accessed 24 July 2014]

1.         On 29 September 1992, a meeting took place between representatives of the Centre for Human Rights and UNHCR to discuss the procedures to be established for the transfer of information on human rights violations in the former Yugoslavia. This transfer is based on Resolution 1992/S-1/1 of the Commission on Human Rights and was confirmed in a meeting between the High Commissioner and the Special Rapporteur of the Commission on Human Rights, Mr. Mazowiecki. For further background see Mr. Franco's Note for the File dated 28 September 1992, and Mr. Thoolen's memorandum to Mr. Fouinat dated 18 September 1992. The Centre was represented by Mr. Mautner-Markhof, Chief of Special Procedures Section and Mr. Wieruszewski, Human Rights Officer. UNHCR was represented by Mr. Thoolen, Chief of CDR and UNHCR's focal point with respect to this cooperation; Ms. Rusu, Head, COW; Mr. van Hövell, Regional Legal Adviser for Central and Eastern Europe; and Mr. Makarowski, consultant on information and documentation on the former Yugoslavia.

2.         As a result of the meeting, the following has been agreed upon.

(a)        UNHCR will forward to the Centre relevant information on human rights violations received from its field offices. The information will be addressed to Mr. Mautner-Markhof at the Centre;

(b)        UNHCR will send the information without corroborating it; i.e., all corroboration and substantiation will be done by the Centre in a manner, and to the extent, deemed appropriate for inclusion in the report of the Special Rapporteur;

(c)        all names of individuals (informants, victims and others as deemed appropriate), as well as, all personal information which could identify the above-mentioned (for example, if the individuals held posts of importance) will be sanitized by UNHCR. However, the names will be kept by UNHCR and the identity of individuals could be revealed to the Special Rapporteur in specific cases, such as when the identity of an individual is a necessary prerequisite to conduct further investigations into alleged violations;

(d)        in order to ensure the personal safety of UNHCR field staff, the organization shall not be named as a source of any specific information, however, UNHCR can be attributed with providing general information together with other UN agencies involved in accordance with the request contained in Commission on Human Rights Resolution 1992/S-1/1;

(e)        the Centre will provide feedback to UNHCR on the relative usefulness of the information received in order to ensure that UNHCR provides only what is really required.

3.         Although the present agreement affects only the case of the former Yugoslavia, it was agreed by all concerned that there was a need to apply similar procedures in other cases of cooperation in the future.

H. Thoolen
Centre for Documentation on Refugees
UNHCR

G. Mautner-Markhof
Chief Special Procedures Section
UN Centre for Human Rights

Geneva, 5 October 1992

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