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Refugees and Asylum Seekers

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authorities harassed <strong>and</strong> starved him in detention. Deported<br />

Afghans living in Afghanistan’s Nimruz Province reported<br />

130 cases of physical violence by Iranian security forces<br />

against them.<br />

Authorities generally did not permit UNHCR or<br />

nongovernmental organizations (NGOs) to monitor detention<br />

centers. In one case, however, in order to counter<br />

allegations of abuse perpetrated by law enforcement officers<br />

during mass deportations, the Government granted<br />

UNHCR access to Sefid-Sang deportation center in Mashad<br />

to observe how authorities identified refugee cardholders<br />

for eventual release. The move came after Iran received<br />

international criticism for returning Afghans without ensuring<br />

that adequate reception facilities were in place in<br />

Afghanistan.<br />

The Government did not share its database of<br />

registered Afghan refugees with UNHCR until July. Authorities<br />

said they planned to determine the status of<br />

the remaining Afghans with cards. The database held<br />

records for some 920,200 registered refugees who held<br />

three-month renewable cards from September 2006. In<br />

January 2008, the Government initiated a re-registration<br />

exercise of all Afghan refugees <strong>and</strong> simultaneously<br />

required men between the ages of 16 <strong>and</strong> 60 to apply for<br />

work permits.<br />

Iran issued Special Identity Cards (SIDs) that provided<br />

greater privileges to Afghan refugees who were religious<br />

students, disabled in war, relatives of martyrs, or married<br />

to Iranians. Upon reaching school age, children received<br />

refugee cards.<br />

Although authorities <strong>and</strong> police recognized refugee<br />

identification cards, they frequently arrested their holders<br />

because BAFIA extended the cards’ validity by issuing memor<strong>and</strong>a<br />

to law enforcement officers rather than modifying<br />

the actual cards. In some cases, BAFIA intervened to release<br />

refugees. In others, courts ordered deportations for lack<br />

of proper documentation, as they did not accept BAFIA’s<br />

memor<strong>and</strong>a.<br />

UNHCR recognized most Arabs <strong>and</strong> Shi’as from<br />

central <strong>and</strong> southern Iraq as refugees prima facie <strong>and</strong> those<br />

from northern Iraq as asylum seekers. The Government,<br />

however, accorded them no legal status <strong>and</strong> did not allow<br />

UNHCR to issue them any documents. The 54,000 longst<strong>and</strong>ing<br />

Iraqi refugees held refugee identity documents<br />

known as white cards. Authorities re-registered them in late<br />

2007, but did not release new figures.<br />

The 1963 Regulations read, “A refugee has the right<br />

to refer to Iranian Courts to dem<strong>and</strong> justice,” but delays <strong>and</strong><br />

costs deterred most refugees. UNHCR offered attorneys at<br />

no cost to registered refugees, but they did not use them in<br />

detention cases.<br />

UNHCR <strong>and</strong> BAFIA had established Dispute<br />

Settlement Committees (DSCs) in 2004 <strong>and</strong> 2005 to mediate<br />

outst<strong>and</strong>ing legal issues that might hinder repatriation<br />

such as nonpayment of salary <strong>and</strong> l<strong>and</strong>lords’ refusal to<br />

return deposits. In June, however, the DSCs ceased to function,<br />

as BAFIA thought they promoted refugees’ stay.<br />

Freedom of Movement<br />

<strong>and</strong> Residence In the second<br />

half of 2007, the Government<br />

heightened enforcement of its 2006<br />

“no-go area” policy, which partially<br />

or entirely restricted foreigners, particularly<br />

refugees, from entering 23<br />

provinces. Authorities ordered some 120,000 registered<br />

Afghan <strong>and</strong> Iraqi refugees living in specific regions to either<br />

move to designated areas—mostly camps—or repatriate.<br />

In Sistan-Baluchestan Province bordering Afghanistan, the<br />

policy required over 80,000 refugees to relocate to Torbat-e-<br />

Jam, Semnan, <strong>and</strong> Saveh camps in Khorasan Razavi, Semnan,<br />

<strong>and</strong> Markazi Provinces. By May 2008, the Government had<br />

restricted 25 provinces <strong>and</strong> required 180,000 to move. The<br />

penalty for non-compliance was deportation.<br />

While authorities <strong>and</strong> UN agencies did not restrict<br />

aid or assistance to camp-based refugees, they assisted only<br />

refugees with valid residency <strong>and</strong> identity papers. To travel<br />

within the country, registered refugees required a temporary<br />

laissez-passer available through local authorities in the<br />

province where they had registered as refugees. <strong>Refugees</strong><br />

had to leave their refugee cards with the local authorities<br />

until they returned. Iran maintained its reservation to the<br />

1951 Convention’s provision for freedom of movement <strong>and</strong><br />

the 1963 Regulations allowed the Government to restrict<br />

refugees’ residence.<br />

<strong>Refugees</strong> could not get international travel documents<br />

unless they had received refugee status before the<br />

1979 Revolution <strong>and</strong> held a refugee booklet. There were<br />

no reports that the Government issued any.<br />

Right to Earn a Livelihood<br />

Work permits were restricted<br />

to particular sectors <strong>and</strong><br />

cost 700,000 Rials (around $75)<br />

but few refugees applied for them<br />

because employers did not wish to<br />

hire employees formally <strong>and</strong> pay<br />

for required insurance <strong>and</strong> related taxes. The Government<br />

fined both employers <strong>and</strong> refugees heavily <strong>and</strong> refugees<br />

ran the risk of arrest <strong>and</strong> deportation if found working<br />

without a permit. Authorities restricted Iraqi refugees<br />

less in employment than it did Afghans.<br />

Iran maintained a reser vation to the 1951<br />

Convention’s provisions regarding the right to work.<br />

The 1963 Regulations allowed recognized refugees “employment<br />

in the fields authorized for foreign nationals<br />

<strong>and</strong> those fields deemed appropriate,” including animal<br />

husb<strong>and</strong>ry <strong>and</strong> brick making. The 1990 Labor Law m<strong>and</strong>ated<br />

the Ministry of Labor <strong>and</strong> Social Affairs to issue,<br />

extend, <strong>and</strong> renew work permits to refugees, subject to<br />

Jobs<br />

F<br />

D<br />

97

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