A/HRC/45/13/Add.2 assessed individually and in accordance with due process. In particular, the Working Group received information indicating that many migrant workers from Xinjiang autonomous region of China lost their work permits once their passports expired, were allegedly not informed about their rights, including the right to seek asylum, were deported – frequently upon the request of the Chinese authorities – and were subsequently subjected to enforced disappearance. 39. During its visit, the Working Group received fragmented and inconsistent information from different interlocutors about the administrative procedures applicable at the borders of Kyrgyzstan in cases of foreign nationals seeking temporary protection or asylum. This is worrisome, especially in the light of several reports of such persons having been forcibly deported and given the small number of individuals granted either temporary protection or asylum. The Working Group therefore welcomes information indicating that the border protection and migration services, in cooperation with the Office of the United Nations High Commissioner for Refugees and its partners, have been developing guidelines for the identification and referral of asylum seekers arriving at the borders of Kyrgyzstan and that the guidelines focus on the right to seek asylum and to gain access to the territory of Kyrgyzstan of refugees and asylum seekers, including those arriving in an irregular manner. VI. Conclusion 40. The Government of Kyrgyzstan has made significant legislative improvements to provide protection against enforced disappearance in recent years. In particular, the introduction of the new crime of enforced disappearance and legislative changes aimed at improving the notification and registration requirements during initial apprehension and detention are positive developments. 41. Despite these measures and the statements made by the country’s leadership about there being strong political will and about robust action being taken to counter enforced disappearance and torture, substantive changes in practice are still lacking. A concerted effort is recommended, in particular, to eradicate the widespread problem of enforced disappearance of short duration following the initial apprehension of suspects, as now defined in the Code of Criminal Procedure. 42. The principle of non-refoulement is a critical safeguard against enforced disappearance. The Working Group reiterates the need to ensure that the principle is enshrined in Kyrgyz legislation and implemented in practice so that no individual is expelled, returned or extradited to a State where there are substantial grounds to believe that he or she may be at risk of enforced disappearance. 43. A small number of individuals remain missing and bodies are pending identification in relation to the inter-ethnic violence that broke out in the southern provinces in 2010. The Working Group encourages the Government to undertake further efforts to resolve these cases and to fully address the consequences of the events. 44. Going forward, Kyrgyzstan has an opportunity to take a few more steps to ensure full protection from enforced disappearance. In particular, prompt ratification of the International Convention for the Protection of All Persons from Enforced Disappearance would help cement progress made. The Working Group reiterates its willingness to assist Kyrgyzstan in closing the few remaining gaps to ensure full protection against enforced disappearance in the country. VII. Recommendations 45. The Working Group recommends that the Government of Kyrgyzstan: (a) Ratify the International Convention for the Protection of All Persons from Enforced Disappearance as soon as possible and thereby expressly recognize the competence of the Committee on Enforced Disappearances in accordance with articles 31 and 32 of the Convention; 9

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