Concept Note. Ministerial Conference on Refugee Protection and International Migration: The Almaty Process. 5 June 2013 Almaty, Kazakhstan

Transcription

1 Concept Note Ministerial Conference on Refugee Protection and International Migration: The Almaty Process 5 June 2013 Almaty, Kazakhstan 1. Introduction The Central Asian region has a long history of complex population movements, which includes voluntary migration and forced displacement. Today s movements include people with different profiles, motivations and protection needs. Much of migration is driven by the search for better economic and social opportunities, with poverty, unemployment and growing disparities in economic and social development among Central Asian countries as key push factors. Yet violent conflict and human rights violations continue to be a trigger of population movements in the region, including people in search of asylum. Environmental degradation and the high potential for natural disasters are additional factors influencing human mobility within Central Asia. Moreover, Central Asian States are still grappling with some of the consequences of movements following the dissolution of the Soviet Union and are also home to refugees, in particular from neighbouring Afghanistan, as well as to a considerable stateless population. 1 All of the above-mentioned factors are likely to remain important determinants of population flows in Central Asia. Part of the population movements in Central Asia and the wider region are irregular. Irregular migration, particularly when it involves the transnational crimes of trafficking in persons and human smuggling, is a concern for all governments in Central Asia and the wider region. It cannot be excluded that such movements may be used by traffickers, insurgents and other groups not deserving international protection and that pose a threat to national security. The complex character and patterns of mixed migration in the region complicate the task of differentiating between those in need of special assistance and protection, such as asylum-seekers, refugees, stateless persons, trafficked persons, and unaccompanied and separated children, as well as 1 See Refugee Protection and Migration Dynamics in Central Asia, background study for the Regional Conference on Refugee Protection and International Migration in Central Asia, March

2 others who may pose a security threat. It is important to facilitate regular movements while ensuring the protection of all migrants in need. All the above factors combined place a considerable strain on governments in the region, who often lack the capacity and resources to address them effectively. In response to these challenges, over the past years Central Asian countries have developed a number of good practices at the national level. However, migratory challenges by their nature concern more than one country and cannot be addressed effectively by national measures alone. There is a growing recognition that States need to work together to better manage migration flows, decrease incentives for irregular migration, manage borders and stem terrorist threats, while preserving asylum space, ensuring protection of the human rights of all migrants, 2 ensuring timely differentiation between various individuals on the move, and facilitating legal migration. Providing a platform for such cooperation is the key objective of the Almaty Process. 2. Key outcomes of the 2011 Regional Conference on Refugee Protection and International Migration On March 2011, the Regional Conference on Refugee Protection and International Migration in Central Asia took place in Almaty, Kazakhstan. 3 The Conference concluded with a set of action-oriented recommendations and the unanimous adoption of the Almaty Declaration by the participating Central Asian and neighbouring States, as well as by other stakeholders. The Almaty Declaration acknowledges the complex challenges raised by mixed migratory movements. The participants recognized that, if not addressed properly and in a protectionsensitive manner, mixed migratory movements raise a variety of challenges for persons on the move and States alike. The Declaration recognizes that these challenges require cooperative and comprehensive solutions to respond to all aspects of mixed movements. Such responses should address the legitimate concerns of States regarding both their international obligations to provide 2 The international legal framework on human rights is understood to consist of the 1948 Universal Declaration of Human Rights, the 1966 Covenant on Civil and Political Rights, and the 1966 Covenant on Economic, Social and Cultural Rights. In addition, relevant instruments include the 1965 Convention on the Elimination of All Forms of Racial Discrimination; the 1979 Convention on the Elimination of All Forms of Discrimination Against Women; the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the 1989 Convention on the Rights of the Child, and the 1990 Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Refugees are protected under the 1951 Convention Relating to the Status of Refugees, and its 1967 Protocol. 3 The Regional Conference on Refugee Protection and International Migration in Central Asia was co-organized by the Office of the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM), in cooperation with the Organization for Security and Co-operation in Europe (OSCE) and the United Nations Regional Centre for Preventive Diplomacy for Central Asia (UNRCCA). It was convened under the auspices of the Government of the Republic of Kazakhstan, with financial support provided by the European Union (EU), the Bureau of Population, Refugees and Migration of the U.S. Department of State, IOM and UNHCR. 2

3 protection and assistance to those in need as well as to better manage migration and address security challenges. States called for concerted efforts to address root causes of displacement, to provide solutions for displaced and marginalized groups in the region, and to properly manage and address the needs of new arrivals. This can help to decrease incentives for irregular migration and serve national security imperatives, within the broader objective of ensuring regional stability and security. Furthermore, enhanced capacities and differentiated mechanisms and procedures to efficiently manage mixed movements can help to ensure that adequate response mechanisms are in place in case of emergencies and mass influx situations. In order to translate the outcomes of the Conference into practice and to advance regional dialogue and practical cooperation on issues of common concern, the Declaration proposed the development of a Regional Cooperation Framework 4, with the support of UNHCR and IOM, to address the complex challenges that arise from mixed population movements in Central Asia. The main elements of a draft Regional Cooperation Framework and an accompanying Regional Action Plan were discussed with interested stakeholders in national meetings in Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan in June Updated drafts were subsequently presented to the First Regional Meeting of National Coordinators. It was agreed at this Regional Meeting, which took place on 7 September 2012, to organize a second Ministerial Conference with the aim of putting in place a governance structure by adopting operating modalities for the Almaty Process and pursuing the development of a regional cooperation framework involving the 12 participating States. 3. A Regional Consultative Process for Central Asia In recent decades, Regional Consultative Processes on Migration (RCPs) have emerged in different regions across the world as mechanisms for inter-state cooperation on migration. By providing state-led forums for an informal and non-binding exchange of views, experiences and approaches on migration challenges, RCPs are helping to foster collaborative approaches at the regional level, build trust, increase understanding of migration issues, work towards consensus and enhance the capacity of their members. In line with other regional consultative processes on migration in place in different regions, the proposed governance structure for the Almaty Process would include a Chair that rotates among Governments and a Support Unit, supported by UNHCR and IOM. The proposed operating modalities of the Almaty Process are further described in the Annex to this Concept Note. 4 The Regional Cooperation Framework is complemented by a Regional Action Plan, which sets out a menu of concrete actions which can be taken in the areas of common understanding developed by participants of the First Regional Conference, and along the lines of UNHCR s 10-Point Plan of Action on Refugee Protection and International Migration as well as relevant IOM strategies. 3

4 4. Objectives of the 2013 Almaty Ministerial Conference The second Almaty Ministerial Conference will take place on 5 June 2013, and will be coorganized by the Government of Kazakhstan, IOM and UNHCR. The Conference is generously hosted and funded by the Government of Kazakhstan. It will provide the concerned countries -- Central Asian and neighbouring States -- with an opportunity to build on the achievements of the 2011 ministerial conference and its follow up by establishing a platform for dialogue and cooperation on migration issues at the regional level. More specifically, the goals of the Almaty Ministerial Conference are twofold: Take stock of the progress achieved since the last Ministerial Conference, and agree on priorities and key objectives for the next two years, drawing from the Almaty Declaration. A key focus is to improve the capacity of Central Asian States in the areas of refugee protection and international migration, including border management and data collection, differentiated processes and procedures for different groups on the move, and preparedness for emergencies and mass influx situations; Adopt the operating modalities of the Almaty Process and pursue the development of a regional cooperation framework involving the 12 participating States. 5. Participation The conference will bring together ministers from the five Central Asian Republics of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan, as well as from other countries in the region with whom the five Central Asian countries share common migration concerns: the Islamic Republic of Afghanistan, the Republic of Azerbaijan, the People s Republic of China, the Islamic Republic of Iran, the Russian Federation, the Islamic Republic of Pakistan and the Republic of Turkey. At the request of the participating countries, UNHCR and IOM will provide technical assistance to the Almaty Process based on their respective mandates, expertise and experience. Other stakeholders will participate as observers, including other interested countries, international and regional organizations and civil society organizations that are involved in addressing the challenges of mixed migratory movements. The Ministerial Conference will be preceded by consultations at the level of senior officials to review key background documents for the Almaty Ministerial Conference. 4

5 ANNEXES Annex A: Draft Operating Modalities of the Almaty Process Annex B: Draft Joint Ministerial Communiqué Reference Materials: 1. Refugee Protection and Migration Dynamics in Central Asia, background study for the Regional Conference on Refugee Protection and International Migration in Central Asia, March Summary Report of the First Regional Conference on Refugee Protection and International Migration in Central Asia Almaty Declaration 4. Draft Regional Cooperation Framework document prepared by the Central Asian States. 5. Migration Crisis Operational Framework,