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Forced Migration in the OIC Member Countries:

Policy Framework Adopted by Host Countries

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that Uighurs in Kyrgyzstan were targeted by ethnic Kyrgyz mobs in the midst of political

upheaval in 2010 and were threatened during the Kyrgyz-Uzbek conflict.

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This has pushed

Uighurs to look further outside the region – with Turkey and Saudi Arabia serving as main

countries of asylum, while the United States, Canada, Australia, Germany, Scandinavian

countries, and Thailand have also reported arrivals of Uyghurs.

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2.6.2.

Protection frameworks in Central Asia

Most countries in Central Asia have ratified the 1951 Convention and many have created

national asylum systems, though there are concerns that these systems do not always follow

basic humanitarian protection principles such as nonrefoulement in practice. The ability to

find durable solutions also remains hindered by a “return bias” favoring repatriation over

other options such as local integration or circular labor migration frameworks despite

ongoing difficulties in refugees’ countries of origin, namely Afghanistan.

A lack of adherence to the 1951 Convention principles

All Central Asian countries except Pakistan and Uzbekistan have ratified the 1951 Convention;

but incorporating the Convention into national law and practice remains problematic in most

countries. Iran, Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan have all implemented

national asylum legislation, but observers have cast doubt on the quality of these policies with

the possibility of refoulement remaining a concern.

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In Tajikistan, for example, the system

for processing asylum claims remains unclear, judicial procedures do not comply with

international standards, and asylum seekers are deported without due process if they did not

hold a visa before entering the country.

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In Iran, refugees are allowed access to medical and

social services, but UNHCR does not have information regarding how refugee status

determinations are made and there are reports that many refugees live in the shadows

without legal residence or access to basic rights.

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The Almaty Process: Upgrading and reinforcing national asylum systems

Regional cooperation on migration issues in Central Asia is limited, and there is no legally-

binding regional framework to govern migration or humanitarian protection. Recently, the

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Research Directorate, Immigration and Refugee Board of Canada, “Kyrgyzstan: The Uyghur minority, including how they

are treated by society and the authorities; government protection provided,” updated April 4, 2012,

https://www.justice.gov/sites/default/files/eoir/legacy/2013/11/07/KGZ104071.FE.pdf pg. 2 ;

Immigration and Refugee

Board of Canada, “Kyrgyzstan: Treatment of the Uyghur [Uighur] minority by society and authorities, including state

protection provided to victims of violence and discrimination; Uyghur minority political groups, including activities (2012-

2015),” updated February 12, 2015

, http://www.refworld.org/docid/560b96564.html .

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Valentine Guerif, “Making States, Displacing Peoples: A Comparative Perspective of Xinjiang and Tibet in the People’s

Republic of China” (working paper no. 61, Refugee Studies Centre, Oxford University, May 2010), 10,

http://www.rsc.ox.ac.uk/files/publications/working-paper-series/wp61-making-states-displacing-peoples-2010.pdf ;

Edward Wong and Poypiti Amatatham, “Ignoring Protests, Thailand Deports About 100 Uighurs Back to China,”

The New

York Times

, July 9, 2015,

http://www.nytimes.com/2015/07/10/world/asia/thailand-deports-uighur-migrants-to- china.html

218

Orchard, “The Almaty Process: Improving Compliance with International Refugee law in Central Asia,” 69

219

U.S. Department of State, “Country Reports on Human Rights Practices for 2015: Tajikistan,” accessed June 1, 2016,

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2015&dlid=252977 .

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Refugees are also officially banned from participating in political or union activities in Iran.

Regulations relating to

Refugees 1963

, Iranian Council of Ministers, December 16, 1963

http://www.refworld.org/publisher,NATLEGBOD,,IRN,3f4a23767,0.html ;

United States Committee for Refugees and

Immigrants,

World Refugee Survey 2009 – Iran

, (Arlington, VA: United States Committee for Refugees and Immigrants, 2009)

http://www.refworld.org/docid/4a40d2a84a.html ;

Patrick Strickland, “Why are Afghan refugees leaving Iran?,”

Al-Jazeera,

updated

May

17,

2016,

http://www.aljazeera.com/indepth/features/2016/05/afghan-refugees-leaving-iran- 160511103759873.html .