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Forced Migration in the OIC Member Countries:

Policy Framework Adopted by Host Countries

116

the country has not yet enacted a comprehensive asylum system.

304

UNHCR has been the sole

agency in charge of registration and status determination for asylum seekers since the 2004

suspension of the Office for Refugees and Stateless Persons (Bureau des Réfugiés et des

Apatrides (BRA)). This arrangement was made official by a cooperation agreement signed

with Morocco in July 2007.

305

UNHCR still performs almost all of the refugee status

determinations in the country while seeking to build Moroccan authorities’ capacity to

eventually oversee the process themselves.

In the current system, UNHCR takes the initial steps of registering asylum seekers and issuing

an “asylum certificate” to individuals it deems to be in need of protection. UNHCR must then

file a separate asylum application for these refugees with the Moroccan government, as only

the government can officially grant refugee status. Refugees who are recognized by UNHCR

are thus transferred to the Ad Hoc Commission on Regularization chaired by the reinstated

BRA under the Ministry of Foreign Affairs. This commission includes representatives from

other relative ministries (such as the Interior, Justice, and Labor ministries) along with the

inter-ministerial delegation for human rights and UNHCR.

306

The commission conducts

reviews (“

auditions

”) for UNHCR-referred refugees, which can be considered an additional

security check but are not in depth. Officially, UNHCR’s decision holds no official bearing for

national authorities.

307

In practice however, all UNHCR referrals who were interviewed

received refugee status from the Moroccan authorities.

308

Upon recognition from the national authorities, refugees receive a government-issued refugee

card valid for one year, with the possibility to renew.

309

This government-issued card comes

with a wide range of rights and services, such as the right to work, access to public

employment and training services, access to adult language education, and the provision of

temporary residence.

310

These services are provided by a mix of public actors and NGOs.

An exception to this process is the population of Syrian refugees, who are currently ineligible

to receive government-issued refugee cards. The government has said that it wants to process

Syrians “separately,” and is still trying to discern the best way to deal with the group as a

whole.

311

For now, the BRA gives Syrians a “receipt” that confirms their registration and

protects them from refoulement. However, this status does not confer to Syrians any

residence permit or access to the legal job market.

312

While Syrian refugees may still access

services provided by UNHCR and its NGO partners, UNHCR has noted that it is better for

refugees to hold the government-issued card as it is more widely recognized.

313

At the

304

U.S. Department of State,

Country Reports on Human Rights Practices for 2015: Morocco

, (Washington, DC: U.S.

Department of State, 2016),

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2015&dlid=252939

305

Human Rights Watch,

Abused and Expelled: Ill Treatment of Sub-Saharan African Migrants in Morocco

(New York: Human

Rights Watch, 2014), 47-48

306

Interview conducted by Natalia Banulescu-Bogdan with UNHCR Morocco, March 2016

307

Human Rights Watch,

Abused and Expelled

, 47-48.

308

Some UNHCR-recognized refugees apparently abscond or move onwards before reaching the interview, therefore

rendering themselves ineligible to receive refugee status. UNHCR, “Morocco Update: Regularisation of Refugees by National

Authorities,” updated December 2015, provided by UNHCR

309

Interview conducted by Natalia Banulescu-Bogdan with UNHCR Morocco, March 2016

310

Interview conducted by Natalia Banulescu-Bogdan with UNHCR Morocco in March 2016; Euro-Mediterranean Human

Rights Network (EMHRN),

Asylum and Migration in Maghreb, Country Fact Sheet: Morocco

, (Copenhagen: Euro-

Mediterranean Human Rights Network, 2012)

, http://www.refworld.org/publisher,EMHRN,,,514d77c22,0.html

311

Interviews conducted by Natalia Banulescu-Bogdan, Rabat, March 2016

312

UNHCR, “Morocco Update: Regularisation of Refugees by National Authorities,” updated December 2015,

http://ma.one.un.org/content/dam/unct/morocco/docs/UNHCR/UNHCR%20Morocco_Regularisation%20of%20Refugees _Dec%202015.pdf .

313

Interview conducted by Natalia Banulescu-Bogdan, Rabat, March 2016