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Forced Migration in the OIC Member Countries:

Policy Framework Adopted by Host Countries

2

oppression, discrimination, and persecution also drive refugee movements both from OIC

states as well as from non-OIC countries—such as Eritrea, Burundi, and Myanmar—to OIC

members. Each of these drivers frequently overlaps and interacts with drivers not recognized

under the 1951 Convention or other protection frameworks including environmental

degradation and an acute lack of economic opportunity. Individual reasons for seeking

protection, whether within or outside of one’s home country, are thus complex and generally

reflect a mix of motivations.

Data collection on forced migration remains a challenge both globally as well as throughout

OIC countries. Accurate assessments of the actual numbers of forced migrants in a particular

country as well as their demographic characteristics can be difficult to come by, particularly

where refugees have chosen not to register with UNHCR. And detailed information on the

living conditions or socioeconomic challenges of forced migrant communities can be even

more difficult to obtain. Many countries lack robust national systems to gather such data even

on their national populations, and where such systems do exist, they may not include

displaced populations.

UNHCR statistics show that over half of refugees in the world today are children. In Uganda,

almost eight out of ten refugees are women or children. There has also been a huge shift in the

demographics of asylum seekers crossing the Mediterranean, with women and children

coming to make up almost half of the flows (which had in 2014 and the first half of 2015 been

predominantly young and male). An unprecedented number of unaccompanied minors has

reached Europe, with schools and infrastructure overwhelmed even in wealthy countries like

Sweden. And as refugee situations become protracted, the risk of generations of children born

into displacement—many without access to education during their formative years—has been

particularly pressing for countries like Turkey, and looms as one of the most critical issues for

the international community to address.

A diversity of legal approaches to providing protection

While respect for nonrefoulement guarantees that refugees will not be sent back to a country

where their lives are in danger, more nuanced forms of protection—as well as the rights,

benefits, and level of autonomy available to forced migrants—depend on the specific

provisions within the host country’s national legal framework.

International conventions have deeply influenced the asylum laws and practices in most of the

study countries examined in this report. All but five OIC members are signatories to the

Convention Against Torture, which commits states to respecting the principle of

nonrefoulement even for non-refugees. Yet fewer than two-thirds of OIC Member States have

ratified the 1951 Convention, and only 29 OIC states have developed comprehensive asylum

legislation to

implement

the Convention, limiting the obligations these states have taken on to

provide assistance and rights to refugees beyond basic protection from refoulement. There is

also a very wide range in terms of the extent to which national governments have the

resources to fully implement their commitments. Without national implementation,

international norms and commitments remain unfulfilled.

Of our case study countries, Sweden, Turkey, Morocco, and Uganda have all developed

comprehensive national asylum or refugee legislation within the last decade, or are currently

in the process of doing so. While Jordan has no national asylum policy, its memorandum of

understanding with UNHCR commits it to the same principles of respect for nonrefoulement

stipulated in the 1951 Convention. The close partnerships that many OIC countries (like

Morocco and Jordan) have with UNHCR to manage refugee status determinations ensure a