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Theme: Addressing Mixed Migration Flows in Central Asia: Human Mobility, Rights of Vulnerable Migrants and Refugees and Regional Cooperation

The SOM was organized jointly by the Chair of the Almaty Process, Government of the Republic of Kazakhstan and the International Organization for Migration, in close cooperation with the Library of the First President of Kazakhstan (Nazarbayev Center) and UNHCR.

The event is organized within the framework of the IOM program “Addressing Mixed Migration flows in Central Asia through capacity building” funded by the Government of the United States (BPRM-PIM).

The executive summary of The Regional Field Assessment «Migrant Vulnerabilities and Integration Needs in Central Asia: Root Causes, Social and Economic Impact of Return Migration» was made possible by the support of the United States Agency for International Development (USAID) in the framework of “Dignity and Rights” project and under the auspices of the Library of the First President of Kazakhstan – Leader of the Nation (Nazarbayev Center). It was presented to Almaty Process partners on September 19, 2016 in Astana, Kazakhstan.

Purpose of the Senior Officials Meeting (SOM)

The purpose of the meeting was to strengthen the capacity of participating states in the sphere of addressing the complex challenges related to mixed migration flows in Central Asia, and the broader region, through sharing good practices, analyzing emerging trends, identifying gaps and providing recommendations. The meeting also aimed to explore human mobility, rights for vulnerable migrants and refugees and regional cooperation, that is, to discuss the opportunities, challenges and international good practices that can ensure fulfillment of migrants’ and refugees’ rights.

The overall objective of the meeting was to support States to address complex challenges concerning mixed and complex migration flows into, within and out of Central Asia and broader region through enhanced regional cooperation in migration management and addressing rights of vulnerable migrants and refugees.

To achieve this, it was agreed to:

  • Explore the driving forces of human mobility (labour and irregular migration) in Central Asia and the broader region and discuss how complex challenges such as migrants’ socio-economic and cultural integration, addressing migrants’ vulnerabilities to exploitation, mechanisms of protection of their rights, transfer of remittances,  and others, can have an impact upon economies, societies and the environment.
  • Elaborate on the direct effects and long-term impact of the re-entry bans of migrant workers to the Russian Federation, as well as the effect of the Eurasian Economic Union’s (EAEU) enlargement and provide recommendations to address gaps and challenges related to human mobility in Central Asia and the broader region. 
  • Review and share good practices on migration governance including administrative, legislative and operational reviews recognizing the linkages between migration and development. Particularly the discussion will be focused on good practices in: (a) regulating labour markets for facilitating immigration of priority groups (high-skilled migrants, workers with skills in demand); (b) provide legal opportunities in seasonal work and cross-border commerce while looking into existing work permit procedures and (c) utilizing remittances for achieving development.
  • Identify gaps in mechanisms for protecting migrant workers’ rights, with reference to international law and standards, and propose solutions for improvement to (a) better preparing emigrants and return migrants for integrating in receiving societies as well as reintegrating refugees into the labour market; (b) protecting employment and social security rights of migrants; and (c) improving compliance by employers with the rules for foreign work.
  • Share good practices in addressing smuggling of migrants and trafficking in persons in, within and out of Central Asia and the broader region.
  • Explore the potential for enhanced regional cooperation between relevant bodies of Central Asian states and the broader region so as to facilitate inter-state mechanisms to co-ordinate effective responses that will allow to manage mixed migration flows in a more predictable way.
  • Reinforce international refugee protection systems through identification and referral mechanisms for asylum seekers at the borders.
  • Elaborate on the effects and impact of large-scale displacement of civilian populations, international terrorism, drug and arms trafficking, environmental disasters or health crisis which present a direct threat to human security and may drive highly vulnerable populations across borders to seek protection. Such migratory flows are captured within the concept of mixed migration, in which persons with different intentions and motivations move alongside each other using the same routes and means of transport. 

 

Human Mobility, Rights of Vulnerable Migrants and Refugees and Regional Cooperation in Central Asia

As Central Asian countries are gradually turning from exclusively countries of migrants’ origin to transit routes and destinations for migrants from other parts of the region and for nationals of third countries, there is a need for states to come up with long-term migration policies that address their development needs and protect migrants’ rights. While some elements of migration management have been put in place (improved border controls, facilitating measures for certain categories of migrants), others are either missing (return and readmission) or limited to specific groups, such as ethnic diaspora members (reintegration). Many of the participating states have recognized the vital link between migration and long-term prospects of local communities and national economies in their development strategies. However, harnessing migrants’ potential for development requires adopting a broader view, taking into account the positive role that transnational networks can play in linking migrants with their home communities, and creating favorable conditions for the transfer of migrants’ skills, knowledge and funds.

Significance of Immigration and Border Management for tracing migratory movements - To respond properly to migratory flows, it is necessary to record all the instances of crossing the frontier, identifying the actual purpose of entry and distinguishing between various types of cross-border movement (including transit, local, circular or seasonal). Analysis of available official data suggests that there are significant gaps in the control of movement across border-crossing points, especially on land frontiers. On some borders, entries of CIS nationals are not recorded in all cases—data are particularly scarce with regard to repeated entries of local residents. Improvement of document security (and ultimately introduction of automated checks), coupled with the regulation of local cross-border traffic (open to residents of border regions) are thus crucial tasks for the countries of the region. Proper enforcement of the regimes for crossing the border also depends on the increased staffing of border officers, and training of the border staff in new procedures.

Extent and characteristics of irregular migration - Volume and composition of irregular migration is hard to estimate and improving the collection of data from all relevant government agencies is an immediate priority. Unlike in Europe or North America, undocumented migration or illegal crossing of frontiers is relatively rare, with the bulk of irregular movement consisting of overstaying or unauthorized employment. Problems related to unregistered employment include inadequate protection of migrant workers’ rights due to absence of written work contracts (withholding or delays in payment of wages, unlimited working hours, insecure work conditions). Essential for developing effective mechanisms for regulating various migration flows is the introduction of mechanisms for tracing cross-border movement and the establishment of mechanisms for sharing, analyzing and using this information for policy purposes.

Building the capacity to deal with irregular migration - Central Asian countries have on the whole recognized the importance of supplying prospective migrants with information on the legal opportunities for employment and consequences of non-compliance with regulations. Thanks to support from IOM and government counterparts and in cooperation with non-governmental organizations, centers for migrant advice, hotlines and information campaigns have been established. In parallel, state-run or independent migrant resource centers may improve returning migrants’ chances of finding employment or starting business in the home region and thus utilize skills acquired abroad.

Realization of refugee and asylum-seekers rights through profiling and referral at the borders

The purpose of profiling and referral mechanisms is to ensure protection for refugees and asylum-seekers at the borders while addressing state security concerns. Profiling tools will serve the authorities to assess the needs and vulnerabilities of persons who wish to cross the borders. The referral mechanisms will ensure that if a person in need of international protection is identified, he or she will have access to the asylum system. These processes promote that asylum-seekers stay in contact with the State authorities, fulfil their human rights and prevent them from falling into irregular status. If potential refugees do not manage to access the protection systems and have no means to regularize their migratory status, they will most likely remain invisible to the State structures.

In Central Asia, the absence of referral mechanisms at the borders may put potential asylum-seekers in a difficult situation and lead them to cross borders in an irregular manner, including attempts to reach other countries where asylum systems may be easily accessible. Effective profiling and referral mechanisms at the borders can contribute to the stabilization of refugee populations in Central Asia and the wider Region. The “Regional guidelines on how to identify and refer refugees and asylum-seekers at the borders of Central Asia” that are being elaborated by the Central Asian member States of the Almaty Process is a concrete step aiming at realizing the rights of refugees and asylum-seekers at early stages of their displacement. 

Access to protection mechanisms: One of the challenges migrant workers in Central Asia face is the limited access to existing protection mechanisms that ensure and respect their rights. Migrants with irregular status are even more vulnerable and lack such access. In Central Asia, unlike in Europe or North America, undocumented migration in its form of illegal crossing of frontiers is relatively rare, with the bulk of irregularities consisting of overstaying or unauthorized employment. Problems related to unregistered employment include inter alia lack of access to protection mechanisms, withholding or delays in payment of wages, unlimited working hours, unsafe work conditions, labour exploitation, abuse and being trafficked etc. Irregular migrants fear penalization and deportation and do not seek protection of their rights or have no access to it. The various solutions of the issue of recruitment and labour intermediation as well as employment in national laws do not always offer sufficient protection against abuse or explicitly propose it.

Migrants’ rights in international law - Although there is no comprehensive legal instrument at the international level that establishes a framework for the governance of migration, a set of legal rules constrain, regulate, and channel state authority over migration. Such rules – which have been created through state-to-state relations, negotiations and practice – are enshrined in non-binding instruments and multilateral and bilateral treaties, or have become part of customary international law. These rules constitute the framework for cooperative migration governance and reflect primarily the interests of states, their nationals and interstate relations. Recognition of the human rights of migrants and the need for the promotion and protection of these rights in the exercise of state sovereignty has been present in IOM’s constituent documents since the Organization’s foundation. The IOM Constitution and certain Council decisions provide the basis for IOM’s involvement in promoting IML as part of its comprehensive migration management frameworks.

Emergency Preparedness

Growing out of the IOM 2012 Migration Crisis Operational Framework (MCOF), the concept of Emergency Preparedness covers migration management operations (before, during and after) in crisis with significant migration consequences both internally and externally. Complex crises produce varied mobility patterns which may involve significant vulnerabilities for individuals and affected communities and generate acute and longer-term migration management challenges. A migration crisis may be sudden or slow in onset, can have natural or man-made causes, and can take place internally or across borders. Based on the understanding that States bear the primary responsibility to protect and assist crisis-affected persons residing on their territory in a manner consistent with international humanitarian and human rights law, MCOF will allow IOM to support its Member States and partners to better respond to the assistance and protection needs of crisis-affected populations, including displaced persons and international migrants stranded in their destination/transit countries. 

The IOM Migration Crisis Operational Framework (MCOF)

In response to this gap, IOM developed the IOM Migration Crisis Operational Framework throughout 2012 at the request of IOM Member States. During the 101st Session of the IOM Council, held on 27-30 November 2012, IOM Member States unanimously adopted Resolution 1243, endorsing the Migration Crisis Operational Framework (MCOF). The MCOF is a practical, operational and institution-wide tool to improve and systematize the way in which the Organization supports its Member States and partners to better prepare for and respond to migration crises.

UN 2030 Agenda for Sustainable Development: Sustainable Development Goals and Migration

With the adoption of the Sustainable Development Goals (SDGs) in September 2015 for the 2030 Agenda for Sustainable Development, the international community agreed on the priority development goals till 2030, ways to reach them and indicators to evaluate the success. Already in the early 2000s migration was recognized as a significant factor for development, acknowledged by the High Level Dialogue on Migration (HLD) in 2006 which set the basis for global forums on migration and development. The milestone second HLD adopted the declaration recognizing inter aliathe importance to uphold and protect the rights of migrants. Today’s post-2015 sustainable development Agenda maintains such recognitions, with a strong reference to migration management issues. As for the way the goals will be achieved, a lot depends on the implementation of the international law which provides the basis for the development and the implementation of regional and national laws in the area of migration. Specifically national laws regulating labour migration, the status of migrant workers, their protection, counter trafficking related issues, the authority and the responsibility of states in migration management acquire particular importance.

 

The event was organized within the framework of the IOM program “Addressing Mixed Migration flows in Central Asia through capacity building” Phase II (2015-2016) funded by the Government of the United States (BPRM-PIM). 

For additional information please contact IOM Sub-regional Coordination Office for Central Asia,  contact number +7 7172 696 553 or This email address is being protected from spambots. You need JavaScript enabled to view it.

 

3rd Almaty Process Senior Officials Meeting (SOM)
Addressing Mixed Migration Flows in Central Asia: Human mobility, Rights of Vulnerable Migrants and Refugees and Regional Cooperation
September 19 & 20 2016, Astana, Kazakhstan

CONCLUDING REMARKS

1. The topic of the Third SOM of the Almaty Process was “Addressing Mixed Migration Flows in Central Asia: Human Mobility, Rights of Vulnerable Migrants and Refugees and Regional Cooperation” and the purpose of the meeting was to strengthen the capacity of the Participating States for addressing the complex challenges related to migration dynamics in Central Asia, and the broader region, through sharing good practices, analysing emerging trends, identifying gaps and providing recommendations and practical solutions. The meeting also explored opportunities as a solution for refugees in Central Asia discussing opportunities, challenges and international good practices that can ensure refugees’ rights . The meeting took stock of the progress and agreed on the next steps in the Almaty Process under the Chairmaship of the Kyrgyz Republic.

2. The Meeting was attended by the National Coordinators and Senior Officials of Member and Observer States, including the Islamic Republic of Afghanistan, the Republic of Azerbaijan, People’s Republic of China, the Islamic Republic of Iran, the Republic of Kazakhstan, the Kyrgyz Republic, the Islamic Republic of Pakistan, the Republic of Tajikistan, the Republic of Turkey and Turkmenistan, as well as representatives from the Office of the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM), UN agencies and other international stakeholders.

3. Participants reaffirmed their commitment to ensuring protection and providing assistance for asylum-seekers and refugees, as well as the rights of all migrants regardless of their status, including vulnerable individuals. In these times of unprecedented forced movements of persons, participating States expressed their conviction that appropriate management of population movements involves not only the humanitarian perspective and abiding with international law, but also the need to take into account the long term sustainability and development perspectives from the onset of the situation.

4. Participants recalled that the Almaty Process has been at the core of inter-state dialogue of the Region when responding the challenges on refugee protection and international migration since the adoption of the Almaty Declaration in 2011 and the operationalization of the Almaty Process as a Regional Consultative Process in 2013.

5. Participants noted the difficulty of addressing mixed migration movements when people with different motives move along the same paths, forced migrants,
economic migrants, stranded migrants, vulnerable migrants, particularly trafficked persons, unaccompanied and separated children, stateless persons, undocumented migrants, refugees and asylum seekers. While the range of vulnerabilities we see in mixed flows is vast, only a few specific categories are afforded protection, notably refugees and those migrants identified as “trafficked”. But the reality is that there are blurred lines between voluntary and forced migration, between “refugees” and “economic migrants”. Similarly, there is no clear-cut line that separates a trafficked person from many exploited or abused migrants. The challenge is particularly great when this movement is irregular and when it takes place in an emergency setting.

6. The Participating States reaffirmed the need to address the root causes of migrant vulnerabilities through continued improvement of national legal instruments in conformity with the relevant international conventions and enhanced regional cooperation with the aim of ensuring adequate protection to all vulnerable categories of migrants.

7. Participating States recognized the need to address migrant workers’ rights through managing recruitment activities and improving compliance by employers with the rules for foreign work. Participating States recognized that ensuring the rights of migrant workers are respected is key to maximizing economies’ benefits of labour migraiton for both sending and receiving countries.

8. Participants highlighted the importance of providing pathways to regularization of residence and employment of selected groups of immigrants and protracted refugee caseloads as well as concluding bilateral and multilateral agreements on protection of migrant workers’ rights as well as on preventing and combating negative phenomena related to irregular migration.

9. Participants reaffirmed their commitment to implement measures through regional co-operation and coordinated actions in the fight against trafficking and exploitation as well as smuggling of migrants. They reaffirmed the commitment of the States to ensuring safe environment for labour migration, respecting migrant workers’ rights, raising migrants’ awareness through information campaigns for preventing trafficking in human beings. Importance of involving diaspora communities and non-governmental organizations was reasserted.

10. Taking into account the best international practices participants agreed to advance their work accordingly and as much as possible so as to enhance their activities in improving domestic legislation and procedures on identification, apprehension, transportation, detention and expulsion/return of third-country irregular migrants, taking into account as well the needs of most vulnerable groups .

11. Participants acknowledged the vital contribution of migration to economic development. In particular, they stressed the importance of the effect remittances have upon countries’ economies that experience high rates of emigration while noting that actions for facilitating the transfer of remittances through banking assistance and utilizing it for developmental goals such as investing to education and public health need to be taken through closer cooperation between states.

12. Participants recognized the relevance of having a set of “Regional Guidelines on how to identify and refer asylum seekers and refugees at the borders of Central Aisa” that contain recommendations adapted to the Central Asian region on how to identify and refer asylum seekers at the borders. The Senior Officials of the
represented States commended the initiative and recommended that that these guidelines are referred to as a guide when individual countries elaborate legal or policy document on how to manage forced migration flows into their countries.

13. Participants would like to recall the importance of achieving self-reliance and solutions for refugees in Central Asia. Participants recognized that there is room for further exploration and potential in Central Asia to use relevant policies, including migration policy and alternative stay arrangements for protracted refugee caseloads, as an effective way to achieve solutions for refugees in the Region.

14. Participants agreed to advance their work as much as possible and enhance their emergency preparedness so as to enable a more effective operational response to forced displacement and to address mixed migration flows in emergencies, and welcomed the support of UNHCR and IOM.

15. Participants reaffirmed the importance of the Almaty Process as a regional consultative process for further dialogue and regional cooperation on mixed migration flows in Central Asia. They welcomed the opportunity for exchanging experience in legislative reforms as well as in migration management best practices.

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