Common use of Migration Clause in Contracts

Migration. 1. The Parties reaffirm the importance of joint efforts in managing migratory flows between their territories and with a view to strengthening cooperation, they shall establish a comprehensive dialogue on all migration-related issues, including illegal migration, smuggling and trafficking in human beings, as well as the protection of those in need of international protection. Migration aspects shall be included in the national strategies for economic and social development of both Parties. Both Parties agree to respect humanitarian principles in addressing migratory issues. 2. Cooperation between the Parties should be according to a specific needs-assessment conducted in mutual consultation between the Parties and be implemented in accordance with the relevant legislation of the Parties in force. The cooperation, inter alia, will focus on: (a) addressing root causes of migration; (b) development and implementation of national legislation and practices in accordance with relevant international laws applicable to both Parties and, in particular, to ensure the respect of the principle of "non-refoulement"; (c) issues identified as being of mutual interest in the field of visas, travel documents and border control management; (d) admission rules, as well as the rights and status of persons admitted, fair treatment and integration of lawfully residing non-nationals, education and training, measures against racism and xenophobia; (e) technical and human capacity building; (f) the establishment of an effective and preventive policy against illegal migration, smuggling and trafficking in human beings, including ways to combat networks of smugglers and traffickers and protect the victims of such trafficking; (g) the return, under humane and dignified conditions, of persons residing illegally including the promotion of their voluntary return, and the readmission of such persons in accordance with paragraph 3. 3. Within the framework of the cooperation to prevent and control illegal immigration and without prejudice to the need for protection of victims of human trafficking, the Parties further agree to: (a) identify their alleged nationals and readmit any of their nationals illegally present on the territory of a Member State or Indonesia, upon request and without undue delay and further formalities once nationality has been established; (b) provide their readmitted nationals with appropriate identity documents for such purposes. 4. The Parties, upon request, agree to negotiate with a view to conclude an agreement regulating the specific obligations for the Parties on readmission, including an obligation for the readmission of their respective nationals and nationals of other countries. This would also address the issue of stateless persons.