ΔΙΟΤΙΜΑ > News > IDEAS-VIEWS-NEWS > Greece deems Turkey “safe”, but refugees are not

Greece deems Turkey “safe”, but refugees are not

Posted by: Διοτίμα
Category: IDEAS-VIEWS-NEWS, Press Releases

Press Realease Greece deems Turkey “safe”, but refugees are not: The substantive examination of asylum applications is the only safe solution for refugees

Athens, 14 June 2021

 With a new Joint Ministerial Decision (JMD) issued on 7 June,[1] the Greek State designates Turkey as a “safe third country” for families, men, women and children of five nationalities[2]seeking international protection in Greece. It is noted that the JMD applies even to those from countries with high recognition rates for international protection, such as Syria, Afghanistan and Somalia.[3] This decision reinforces the policy established by the March 2016 EU-Turkey Statement that shiftsthe responsibilitytoprotect refugees, including unaccompanied children,[4]arriving in Europe to third countries.

For years, the effect of thisexternalisationpolicy has been to turn the Greek islands into a place of confinement for thousands of displaced and persecuted people, as authorities prioritised “containing” them on the islands to facilitate their return to third countries.This created places like Moria that became shameful symbols of Europe’s failure to protect refugees. But the solution is not to send displaced individuals to Turkey.

In Turkey,people seeking asylum from non-European countriesare not granted international protection perthe 1951 RefugeeConvention, while in March 2021 Turkey announced it would withdraw from the Istanbul Convention, and will thus not be protecting victims of gender-based violence, who are at an increased risk in case of return from Greece, based on the new JMD.

People should not be returned to a country where their lives would be in danger, but multiple reports over recent years warn ofthe refoulement ofrefugees from Turkey, even to war zones in Syria.[5] Furthermore, the concept of a “safe third country” presupposes the existence of an essential connection between the asylum seeker and that country, as well as the consent of the third country to receive the returnee.Theseconditions are not met in the case of Turkey.

The decision to designate Turkey as a“safe third country”, should be revokedfor the aforementioned reasons. Furthermore, the unworkability of this new law is highlighted,since as far back as March 2020, Turkey is not accepting the return of refugees and asylum seekers from Greece.This has been pointed out by Greece’sMinistry of Migration and Asylumas well asthe European Commission.[6]

Refugees whose applications have been rejected as inadmissibleaccording tothe “safe third country” principle, are already enduring a situation of protracted legal uncertainty, social exclusion, destitution, homelessness, and even prolonged detention in Greece, which is at risk of turning into a prison.[7]This JMD will serve only to increase the number of people in such a situation.

In fact, as has been pointed out in relevant interventions by the Greek Ombudsperson, and more recently in a reply by the Commissioner for Migration and Home Affairs of the European Commission,[8] in these cases applicants must be able to re-apply for asylum, and have their applications examined on their merits, in accordance with EU and national law.[9]

In line with a recent announcement by the UN High Commissioner for Refugees (UNHCR),[10] our organisationsstress that “externalization simply shifts asylum responsibilities elsewhere and evades international obligations”.

We once again call on the Greek and European authorities to honour their responsibility toprotect refugees and to avoid further undermining the European asylum acquis and the fundamental principles and values for protecting human rights. To this end, we call on Greece to revoke the JMD issued on 7 June.

Signatories

  1. Actionforeducation
  2. ΑRSIS – AssociationfortheSocial Support of Youth
  3. Better Days
  4. Centre Diotima
  5. ECHO100PLUS
  6. ELIX
  7. Equal Rights Beyond Borders
  8. Europe Must Act
  9. European Lawyers in Lesvos (ELIL)
  10. Fenix – Humanitarian Legal Aid
  11. GreekCouncilforRefugees (GCR)
  12. Greek Forum of Migrants
  13. Greek Forum of Refugees (GFR)
  14. Greek Helsinki Monitor
  15. HellenicLeagueforHumanRights (HLHR)
  16. HumanRights360
  17. Human Rights Legal Project
  18. Initiative for the Detainees’ Rights
  19. International Rescue Committee (IRC)
  20. INTERSOS
  21. INTERSOS Hellas
  22. Irida Women’s Center
  23. Legal Centre Lesvos
  24. Lesvos Solidarity
  25. Lighthouse Relief
  26. Médecins du Monde – Greece
  27. METAdrasi- Action for Migration and Development
  28. Mobile Info Team (MIT)
  29. NetworkforChildren’sRights
  30. Network for the Social Support of Refugees and Migrants
  31. Odyssea
  32. Refugees International
  33. Refugee Law Clinic Berlin
  34. Refugee Legal Support (RLS)
  35. Refugee Rights Europe (RRE)
  36. Refugee Support Aegean (RSA)
  37. Samos Volunteers
  38. SolidarityNow
  39. Still I Rise
  40. Terre des hommes Hellas

 

[1] Joint Ministerial Decision (JMD) 42799/2021, Gov. Gazette 2425/Β/7-6-2021, available in Greek at: https://bit.ly/3gjEYcI.

[2] The JMD applies to nationals of Afghanistan, Syria, Somalia, Bangladesh and Pakistan

[3]Indicatively, in 2020, therateofpositivedecisionsissuedbytheGreekAsylumService (GAS) forasylum applicants from Somalia was 94.1%, from Syria 91.6% and from Afghanistan 66.2%. RSA, “Asylum statistics for 2020 A need for regular and transparent official information”, 11 February 2021, available at: https://bit.ly/3vcbC5K.

[4]AccordingtothelatestavailablestatisticsissuedbytheNationalCenterforSocialSolidarity (EKKA), 68% of unaccompanied children that have been identified in Greece are from Syria, Afghanistan and Pakistan. Accordingly,and in any case, the implementation of the JMD is not in line with the principle of the best interests of the child and the protective provisions of the International Convention on the Rights of the Child. OnthelatestavailablestatisticsseeEKKA, Situation Update: Unaccompanied Children (UAC) in Greece, 15 May 2021, available at: https://bit.ly/3wcByPw.

[5]Amongst others: EASO, SyriaSituationofreturneesfromabroad: CountryofOriginInformation,June 2021, available at: https://bit.ly/3weoZUn, pp. 12-13; AIDA, CountryReportTurkey (May 2021 update), 31 May 2021, available at: https://bit.ly/3gfnyzr; DW, “Amnesty: TurkeyforcedSyrianrefugeesbackintowarzone”, 25 October 2019, available at: https://bit.ly/3pAOpc3; ECRE, “HumanRightsWatchreport: pushbacksofSyrianrefugeesbyTurkey”, 30 March 2018, available at:https://bit.ly/2T43XsK; HumanRightsWatch, “Turkey: SyriansPushedBackattheBorder”, 23 November 2015, available at: https://bit.ly/3x2tPUA.

[6]Amongs to thers: Ministryof Migration and Asylum, “Request by Greece towards the EU for the immediate return 1,450 third country nationals under the Joint EU-Turkey Statement”, 14 January 2021, available in Greek at: https://bit.ly/3izPzmA; European Commission, Commission Staff Working Document: Turkey 2020 Report, 6 October 2020, available at: https://bit.ly/3xgt4aK, p. 48.

[7]Itisnotedthatthemajority (65.8%) ofinternationalprotectionapplicationsthatweresubmittedinGreecein 2020 regardedasylum seekers from the 5 countries that are stated in the JMD. MinistryofMigrationandAsylum, Annualbriefing 2020, 19 January 2021, availableinGreekat: https://bit.ly/3wfCgfi, p.13.

[8]EN P-000604/2021, Answer given by Ms Johansson on behalf of the European Commission (1.6.2021), διαθέσιμοστααγγλικάστο: https://bit.ly/3cuwEGb.

[9] Article 38, para. 4 Directive 2013/32/EU on common procedures for granting and withdrawing international protection (recast) and article 86, para. 5 L. 4636/2019 (also known as “IPA”).

[10]UNHCR, “UNHCR warns against “exporting” asylum, calls for responsibility sharing for refugees, not burden shifting”,19 May 2021, available at: https://bit.ly/3v7EgEN.