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Norsk

Bilateral agreements

Document-ID : 2005-12-06
Entry info force : 01.05.2006
Documentdate : 06.12.2005

Agreement on the establishment of a Norwegian-Pakistani advisory board on matters relating to marriage, family and children arising out of migration between the two states

 

The Government of the Kingdom of Norway
on the one hand, and
The Government of the Islamic Republic of Pakistan
on the other,


DESIRING, in conformity with the purposes and principles of the Charter of the United Nations to promote and encourage respect for human rights and for the fundamental freedoms of all without distinction as to ethnicity, gender, language or religion,

PROMPTED by the desire to co-operate in a spirit of long-standing friendship and mutual understanding with a view to promoting equitable solutions, on the basis of respect for and observance of the international standards on human rights and fundamental freedoms adhered to by the two States, on issues relating to marriage, family and children arising out of migration between them,

HAVING regard in particular to the Convention on the Elimination of All Forms of Discrimination against Women adopted in New York on 18 December 1979 and the Convention on the Rights of the Child adopted in New York on 20 November 1989, as ratified by the two States,

RECOGNISING that the right of men and women to enter into marriage only with their free and full consent is a fundamental human right recognised by all major religions and by all legal systems of the world,

DETERMINED to strengthen the co-operation to combat the practice of forced marriages, a practice which is prohibited by the laws of both States and which violates fundamental principles of Islam,

AFFIRMING that this Agreement is not intended to interfere with the legislation of the two States relating to conditions of marriage,

ACTING in accordance with Article 11 of the Convention on the Rights of the Child adopted in New York on 20 November 1989, according to which the States Parties shall take measures to combat the illicit transfer and non-return of children abroad and to this end shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements,

DESIRING to strengthen the ties between the two States in the legal field and to promote co-operation and the exchange of information between them in matters relating to marriage, family and children arising out of migration between them,

Have agreed as follows: 

Article 1

An Advisory Board shall be established consisting of representatives of the Ministry of Foreign Affairs and the Ministry of Children and Equality of  the Government of Norway and the Ministry of Interior, the Ministry of Foreign Affairs and the Ministry of Women Development of the Government of Pakistan.

Each of the two Governments may appoint other persons if they have special competence in matters to be dealt with by the Board. 

Article 2 

The Board shall have the following functions:  

  1. to submit to the two Governments proposals that can help to resolve issues that may cause difficulties in relations between the two States as regards matters relating to marriage, family and children arising out of migration between the States,
  2. to contribute to safeguarding of the right of men and women to enter into marriage only with their free and full consent,
  3. to contribute to safeguarding of the right of a child that is separated from one or both of its parents to maintain regular personal relations and direct contact with both parents, unless this is in conflict with the child’s best interests,
  4. to this end to facilitate the right of access of the parent who does not have responsibility for the everyday care of the child.  

Article 3  

Individual cases may also be brought before the Board with a view to reaching a settlement out of court.  

To this end it is agreed to implement administrative co-operation between meetings of the Board, especially with regard to the exchange of documents concerning areas or matters dealt with by the Board.

This co-operation shall be implemented:  

  • by the Ministry of Foreign Affairs and the Ministry of Children and Equality on behalf of Norway.  
  • by the Ministry of Interior, the Ministry of Foreign Affairs and the Ministry of Women Development on behalf of Pakistan.  

Article 4  

Documents shall be exchanged in the language of the country requesting such exchange and shall be accompanied by a translation into English. Correspondence shall be conducted in English.  

Article 5  

The Board shall meet alternately in Oslo and in Islamabad at the request of either of the Governments and on a date agreed by the Parties.  

Article 6  

The conclusions of the Board shall be noted in the minutes.  

Article 7  

Each Party shall notify the other through diplomatic channels when their respective constitutional requirements for the entry into force of the Agreement have been fulfilled. This Agreement shall enter into force on the first day of the second month after receipt of the second such notification.  

Article 8  

This Agreement has been concluded for an unlimited period of time. Either Party may terminate the agreement by written notice to the other Party. The termination shall take effect six months after the receipt by the other Party of such written notice.    

Done in duplicate at Islamabad on 6 December 2005 in the English language.

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. box 2098 Vika
NO-0125 Oslo
Norway

Editor in Chief: Stephan Mo