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Forced Migration in the OIC Member Countries:

Policy Framework Adopted by Host Countries

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Table 3: Top five internally displaced populations due to conflict, end 2015

Host country

Number of Internally Displaced Persons (IDPs)

Syrian Arab Republic

6,600,000

Colombia

6,270,000

Iraq

3,290,000

Sudan

3,182,000

Yemen

2,509,000

Source: Internal Displacement Monitoring Centre, Table 1: New displacement by country for disasters and

conflict and total number of IDPs for conflict and violence, accessed on July 6, 2016,

http://www.internal- displacement.org/globalreport2016/ .

Forced migrants in the OIC flee their homes for a combination of different reasons, including

violent conflict, political and ethnic oppression, state instability, and environmental factors. Of

those who cross international borders, many are recognized as refugees by UNHCR or host

country governments, while others have been granted alternative forms of protection.

9

Some

may lack legal status altogether, either because protection frameworks in the host country are

limited or because forced migrants themselves may prefer to remain underground. Migration

in OIC countries thus consists of “mixed migration flows,” where individuals move for a

variety of humanitarian, economic, and other reasons - not all of which are considered

grounds for protection under the 1951 UN Refugee Convention.

OIC countries have taken varying approaches to humanitarian protection, which depend

widely on national interests and the regional context. In some OIC regions, notably the Middle

East and Southeast Asia, few countries have adopted legal frameworks to provide protection

to forced migrants. Less than two-thirds of OIC Member States (35 of 57) have ratified the

1951 Refugee Convention.

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Furthermore, only 29 OIC states have implemented

comprehensive national asylum systems; such systems include a refugee status determination

(RSD) mechanism, delineate the rights of refugees, and grant refugees with legal residency for

a set duration of time - including a procedure for renewal of this status. As a result, UNHCR

often still takes on a large role in adjudicating asylum claims and providing services for

refugees in these countries.

11

Even in the absence of a national asylum regime, OIC countries

broadly respect the work of UNHCR and almost all uphold the principle of nonrefoulement -

almost all OIC countries (52 of 57) have ratified the UN Convention against Torture.

12

9

Several European countries, as well as Turkey, offer temporary protection (also known as “subsidiary protection”) to

migrants who are in need of protection but might not qualify for refugee status under the 1951 Convention. Federal Office

for

Migration

and

Refugees,

“Subsidiary

Protection,”

updated

July

27,

2010,

http://www.bamf.de/EN/Migration/AsylFluechtlinge/Subsidiaer/subsidiaer-node.html ;

Rebecca

Kilberg,

“Turkey’s

Evolving Migration Identity,”

Migration Information Source

, July 24, 2014

, http://www.migrationpolicy.org/article/turkeys- evolving-migration-identity

10

UNHCR, “States Parties to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol,” updated April

2015

, http://www.unhcr.org/3b73b0d63.html .

Of the 49 UN member states that have not ratified the 1951 Convention, 21

are OIC countries.

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Information about national asylum legislation is derived from U.S. Department of State, “Country Reports on Human

Rights Practices for 2015,” accessed June 1, 2016,

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper .

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The OIC countries that have not ratified the UN Convention against Torture are Iran, Malaysia, Oman, Palestine, and

Suriname.