NEW ISSUES IN REFUGEE RESEARCH Research Paper No. 129 Refugee policy in Eurasia: The CIS Conference and EU Enlargement Process 1996-2005 Luise Druke Center for International Studies, Program on Human Rights and Justice Massachusetts Institute of Technology (MIT) E-mail:
[email protected],
[email protected] August 2006 Policy Development and Evaluation Service Policy Development and Evaluation Service United Nations High Commissioner for Refugees CP 2500, 1211 Geneva 2 Switzerland E-mail:
[email protected], Web Site: www.unhcr.org ABSTRACT This research found that significant progress has been made overall in developing a refugee policy in Eurasia (which was defined in this study as the countries comprising the Commonwealth of Independent States (CIS): Armenia, Azerbaijan, Belarus, Georgia, Moldova, Russia and Ukraine/Kazakhstan, Kyrgystan, Tajikistan, Turkmenistan and Uzbekistan; and the Central European countries of Bulgaria, Czech Republic, Estonia, Latvia, Lithuania, Hungary, Romania, Poland, Slovak Republic and Slovenia). In Central Europe, the EU integration process was found to be the main engine for the refugee policy development (a condition for EU membership), though the situation with regard to its implementation was less impressive. However, as these countries are all EU Member States, (following Bulgaria and Romania’s entry in January 2007), they are evolving into the common European asylum space, which is meant, among others, to uphold at least minimum standards of refugee protection. The research also highlighted how institutions and implementation matter. For example, the European Court of Justice in Luxembourg could play an increasing role in upholding basic protection standards upon referrals to it from national courts in EU Member States under Article 234 of the Treaty of Rome 1957, as amended by the Amsterdam and subsequent texts, in order to provide judicial protection and to clarify the scope and meaning of European law in numerous areas, including asylum.