A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey (original) (raw)
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More than 800,000 Syrians registered in Turkey have now been protected under a temporary protection regime, being addressed as ‘guests’ or ‘temporary protection beneficiaries’ by the Turkish authorities. Implementation of the temporary protection policy for Syrians means that Syrians are neither refugees nor asylum seekers under Turkish domestic law. In 2013 Turkey adopted its first law that regulates asylum, namely the Law on Foreigners and International Protection (the 2013 Law), which entered into force in April 2014. The 2013 Law promises better protection standards and more safeguards for asylum seekers and refugees, but how about Syrians in Turkey? In view of recent legal developments on asylum namely, adoption of the 2013 Law and Regulation no. 29153 on Temporary protection (the 2014 Regulation), this article examines the current legal protection regime of Syrians in Turkey.
Protecting Syrians in Turkey: A Legal Analysis
International Journal of Refugee Law, 2017
Since 2011, Turkey has pursued an open door policy accompanied by a national temporary protection regime to protect more than three million Syrians fleeing civil war. Turkey is a party to the Convention relating to the Status of Refugees but maintains a geographical limitation to the Convention. Turkey is also a party to the European Convention on Human Rights (ECHR), the International Covenant on Civil and Political Rights (ICCPR), and the Convention against Torture. Following a failed coup attempt, Turkey declared a State of Emergency in July 2016 which continues today. After this declaration, Turkey submitted a formal notice of derogation from the ECHR as foreseen under article 15, and notified the United Nations Secretary-General that it may take measures involving derogation from obligations under the ICCPR. Since its declaration of a State of Emergency, Turkey has also made a number of changes to its asylum law. In view of these recent developments, this article focuses on the protection of Syrians in Turkey in law and in practice and the consistency of this protection regime with Turkey's international legal obligations. The article has three main parts. The first examines the access of Syrians to the Turkish territories, education, the labour market, refugee status determination procedures , and durable solutions. The second identifies Turkey's international legal obligations towards Syrians. Building on this, the third part examines recent amendments in Turkish asylum law following Turkey's declaration of a State of Emergency and whether Turkish law and practice concerning Syrian refugees is consistent with Turkey's international legal obligations. By examining these issues, the article provides an overview of Turkish law and practice concerning Syrian refugees and explores whether it is consistent with Turkey's obligations under international law.
Analysis of the Refugee Protection and Asylum Policy in Turkey
2020
In today's world, 'refuge' is an essential component of sociopolitical crises. However, because of the sensitive human component, such crises must be handled with caution to avoid further problems. Therefore, it is critical to constantly analyse, evaluate, and develop asylum and protection policies. Turkey has long been a country of entry or residence for immigrants; however, in recent years, there has been a significant increase in the number of displaced people attempting to reside in Turkey or enter Western European countries. As a result, Turkey's asylum and protection policy was revised to reflect the new reality. This study examines the problem's historical context, analyses Turkey's current asylum and protection policy, assesses the barriers to a more practical application, and proposes alternative, long-term solutions.
Toward a New Asylum Regime in Turkey
Although Turkey is party to the 1951 Geneva Convention Relating to the Status of Refugees, it extends its protection only to refugees with ›European countries of origin.‹ Under this regulation, Turkey grants only ›temporary asylum‹ to non-European refugees until the United Nations High Commissioner for Refugees (UNHCR) resettles them to a third country. In this fragmented configuration, refugees in Turkey occupy ambivalent spaces in-between national and international bodies of law, while navigating both the multiplicity of asylum authorities and the sophisticated techniques meant to evaluate their asylum claims. In line with Turkey's European Union accession, the Turkish government has recently attempted to restructure the country's migration/asylum regime, aiming to provide better protection to refugees in accordance with international human rights standards. This article critically examines the recent changes towards a) standardizing and systematizing the legal and administrative asylum procedures, and b) civilianizing the migration/asylum management that used to be coordinated largely by the police. We argue that, on the one hand, Turkey's asylum regime continues to give rise to uncertainty, unpredictability, and improvisation and, on the other hand, it presents a striking continuity with the previous regime in that it prioritizes securitizing migration/asylum management over ensuring the rights and protections of refugees. Vol. 3, Issue 2/2017 | www.movements-journal.org
Studia Administracyjne
This article elaborates on the non-refoulement principle regarding deportation procedure, security, and entry to the country (Turkey) under the 2014 Temporary Protection Regulation, and the 2013 Law on Foreigners and International Protection. According to the document presented by the United Nations Human Rights Office of the High Commissioner "(…) the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman, or degrading treatment or punishment and other irreparable harm. This principle applies to all migrants at all times, irrespective of migration status". 1 The rights of refugees and asylum seekers in mass influx situations are recognized by UNHCR Executive Committee resolutions and general international law. 2 Thus, it is necessary to analyze the non-refoulement rule as inseparable part of globally accepted principles: the right to life and the freedom from torture and inhuman or degrading treatment or punishment. The article describes the development and violations of the said rule, focusing on the pertinent current Turkish legislation. KEYWORDS non-refoulement, right to life, freedom from torture and inhuman or degrading treatment or punishment, temporary protection 1 Non-refoulement principle. United Nations Human Rights Office of the High Commissioner, https://www.ohchr. org/Documents/Issues/Migration/GlobalCompactMigration/ThePrincipleNon-RefoulementUnderInternationalHu-manRightsLaw.pdf. Accessed: 13.09.2020. 2 UNHCR commentary on the draft Directive on Temporary Protection in the Event of a Mass Influx, https://www.refworld.org/docid/437c5ca74.html. Accessed: 13.09.2020; UNHCR guidelines on the application in mass influx situations of the exclusion clauses of Article 1F of the 1951 Convention relating to the Status of Refugees, https://www.refworld.org/pdfid/43f48c0b4.pdf. Accessed: 13.09.2020; The scope of international protection in mass influx EC/1995/ SCP/CRP.3, https://www.unhcr.org/excom/scip/3ae68cc018/scope-international-protection-mass-influx.html. Accessed: 13.09.2020; Protection of asylum-seekers in situations of large-scale influx, UNHCR 1981, No. 22 (XXXII), https://www.unhcr.org/uk/excom/exconc/3ae68c6e10/protection-asylum-seekers-situations-large-scale-in flux. html. Accessed: 13.09.2020.
TEMPORARY PROTECTION REGIMES IN TÜRKİYE AND GERMANY: COMPARING BOSNIAN SYRIAN AND UKRAINIAN REFUGEE PROTECTION REGIMES , 2023
1951 Geneva Convention Relating to the Status of Refugees provides protection and rights for those who are recognized as refugees under its definition. Alternative forms like temporary protection have emerged, as a shortterm strategy to secure the urgent needs of refugees in the event of a mass influx. It reveals how states pragmatically ignore the protection regime of the convention. Germany, hosting Europe's largest refugee population inside the European Union (EU) and Türkiye, hosting world's largest refugee population beyond the EU has implemented temporary protection status as a keystone asylum policy. In this context, the study brings together the literature on externalization of the EU asylum policy and integration by comparing the evolution of the temporary protection regimes in Germany and Türkiye. To do this, the policy responses of Turkish and German governments to the refugee "crisis" in Bosnia, Syria and Ukraine are analysed. The research eventually provides an analytical framework to aid policy makers in adapting an accurate asylum policy in both countries as well as in the EU. Consequently, the notion of equal solidarity and human-centric approach should be rethought, when designing asylum policy in both countries as well as in the EU.
2024
The global migration crisis, driven by internal conflicts, political and social unrest, and unequal distribution of income and economic development, has pushed millions to seek security and improved living conditions in more stable and higher-income regions. Europe, particularly countries such as Spain, France, Italy, and Greece, has become a primary destination for refugees fleeing wars and conflicts in the Middle East, Africa, and South Asia. Turkey’s geopolitical position has introduced new challenges in its relations with the European Union, especially in light of the refugee crisis. The 2013 Readmission Agreement between the European Union and Turkey was signed with the aim of better managing migrant flows and facilitating the return of illegal migrants to Turkey. In return, the European Union provides Turkey with financial aid and technical support. However, this agreement has faced criticism from human rights organizations due to its exacerbation of the humanitarian crisis and the precarious conditions imposed on many refugees. Human rights organizations argue that the European Union’s increasing reliance on this agreement to prevent the entry of refugees into its borders constitutes a violation of international refugee law. This thesis aims to use a descriptive-analytical method to assess the extent to which the 2013 Readmission Agreement, in light of Turkey’s geographical clause in the 1951 Convention, guarantees refugee rights in accordance with the 1951 Convention. The findings of this research indicate that Turkey is not considered a safe third country; therefore, the 2013 Readmission Agreement encounters issues from a human rights perspective, particularly due to its negative impacts on the status of refugees. This situation calls for a review and fundamental reforms in policies related to managing the global migration crisis.
Refugee Protection Turkey Report
Respond Working Paper Series, 2020
This report investigates how Turkey interprets, narrates and implements its obligations towards international protection for refugees, with an emphasis on the recent migration movements. This report examines the international protection, in particular refugee protection including temporary protection, focusing on the main legal and policy framework as well as the organisations and actors involved in policy implementation. It explores how Turkey applies international protection instruments, particularly the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees. The report highlights the gaps between policy and practice in the asylum regime. Furthermore, it examines the perceptions, experiences and strategies of meso level actors, involved in international protection, while also identifying the coping strategies and perceptions of individuals who go through the asylum system at the micro level. An emphasis on both meso and micro level actors is of the utmost important for unpacking how different actors within the asylum system navigate, internalise and/or resist the asylum system’s rationalisations. The report links political narratives to surrounding experiences and practices.
Minimum standards and essential needs in the protection of Syrian refugees in Turkey
Studia Administracyjne, 2022
UNHCR Executive Committee resolutions had recognized the rights of refugees and asylum seekers in mass influx and many bilateral international conventions, treaties, and agreements. The following rights have also emerged within UNHCR Executive Committee decisions, international human rights law, and international law. The significant central rights and the principle of law towards refugee and asylum seekers which are considered as the minimum standards are: 1) non-refoulement principles, 2) right to life, 3) right to protection from torture and cruel, inhuman, or degrading treatment or punishment, 4) provision of an individual legal status, 5) right to asylum, 6) prohibition of discrimination, 7) right to liberty and security of person, 8) freedom of residence and movement, 9) family reunification, 10) right to an adequate standard of living, and 11) right to adequate housing. Until September 2020, Turkey had been a host country for 3,621,968 Syrian refugees 1 who are located in eighty-one cities. Turkey applies the family reunification policy towards the refugees. However, because of the large number of Syrians, Turkish authorities struggle with providing adequate living and housing standards. Thus, the article will elaborate on the most crucial elements from the humanitarian point of view, that is family reunification, right to an adequate standard of living, and right to acceptable housing standards applied towards the Syrian refugees in Turkey in virtue of the Constitution of the Republic of Turkey (1982), Law on Foreigners and International Protection No. 6458 of 2013, and Temporary Protection Regulation (2014). KEYWORD essential needs, family reunification, mass influx, minimum standards, right to adequate housing, right to an adequate standard of living, Syrian refugees in Turkey, temporary protection regime 1 Refugees Association, Türkiye' deki Suriyeli Sayısı Eylül 2020, https://multeciler.org.tr/turkiyedeki-suriyeli-sayisi/ (30.09.2020).