Turkey's Refugee/Asylum Seeker Policy and Syria
The Journalists and Writers Foundation (GYV) Women's Platform organized a workshop entitled “Refugee-Asylum Seeker Policy of Turkey in the Light of Recent Developments” in Ankara on April 25, 2013. The outbreak of uprisings in Syria as from March 2011 and the developments taking place in the country on April 2011, led to a mass migration from Syria to especially Turkey, Jordan, Lebanon and Iraq.
Immigration and emigration started in Turkey as from 1960s. While the internal migration took place as a flow from rural areas to cities, there were also lots of emigrants from Turkey to other countries. Emigration from Turkey, which is a transit country on the East-West corridor, was frequently observed until 1990s, and had responsibilities on this subject. People from Iraq, Iran, Afghanistan and African countries started to immigrate to Turkey as from 1990s due to the Gulf war. Turkey became a target country for immigration for some 25 years due to the economic growth, its becoming an EU candidate country, its geopolitical position etc.
Hence, the Law on Foreigners and International Protection was approved on 04 April 2013 regarding the immigrations and applications for asylum in our country. The Law no 6458 on Foreigners and International Protection was published in the Official Gazette on 11 April 2013. Harmonizing the European Union and national structure, and strengthening legal infrastructure is aimed through this newly adopted Law.(1)
Turkey is a state party to the Refugee Convention regulating the legal status of refugees which was signed in Geneva on 28 July 1951. In the Convention regulating the migrations especially in Italy and Germany in that period includes geographical and temporal restrictions. The Article 1(A)(2) of the 1951 Convention defines a refugee as: "As a result of events occurring before 1 January 1951 and owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."(2)
The 1967 Protocol relating to the Status of Refugees which removed geographical and temporal restrictions from the Convention was signed 16 years after the 1951 Convention. Among other states parties to the Protocol, only the Congo, Madagascar, Monaco, and Turkey have retained the geographical limitation. According to Turkey's geographical restrictions, those who come from outside Europe to Turkey are given refugee status.
Groups of Syrian people taking shelter in Turkey can take take shelter in our country in accordance with Turkey's open-door policy; and they shall not be sent back to their countries against their will. And also, Syrians “under temporary protection” are provided with education, health and accommodation services by the Republic of Turkey. Immigration from Syria can be defined as irregular, forced and displacement. When accumulation started on the Turkish border on April 2011, the first refugee camps were established in Hatay Yayladağ, and Syrians under temporary protection were welcomed as guests. The first measures focused on 100 thousand people. According to AFAD, currently there are 17 refugee camps in total, including 14 tent cities and 3 container cities, in eight cities. In case of a possible increase in the recent period, four new camps with some 100 thousand-person capacity is under construction in Mardin-Midyat, Mardin-Nusaybin, Malatya and Kilis. While 192.784 Syrians live in refugee camps, 250.000 Syrian refugees live outside the camps. 55.000 Syrian refugees live in Hatay, 35.000 live in Gaziantep, 30.000 in Şanlıurfa, and the rest of them live in other cities. 3113 children have been born in the camps since April 2011.
According to the European Union, while there is a concern that the current situation in Syria could grow worse, it is also asserted that the crisis might spread to other countries. In this process, 6,5 million people have been affected by violence, and they are in need of humanitarian aid. While 4,2 million people have been displaced in Syria, some 1,2 million people have taken shelter in Turkey, Jordan, Iraq, Egypt, Lebanon and other countries. The EU takes part in the Syria crisis as the biggest donor. Providing humanitarian aid of 555 million euro, the EU provided 300 million euro from EU institutions and 250 million euro from EU member countries. The aforesaid amount of humanitarian aid is separate from 172 million euro that Kuwait had promised. The aid EU provided to Syria is at a rate of 60 per cent. The EU allocated 25 million euro for Turkey. Within the scope of regional support programme, 8,2 million euro was allocated for Turkey. The Economic Cooperation Organization (ECO) provided a financial assistance of 10 million euro via Turkey, UNHCR, Turkish Red Crescent. The EU is preparing an aid package of 13 million euro to be provided in the forthcoming days. 10 million euro of this package will be given to UNHCR, and 3 million euro will be given to AFAD.
At the end of the workshop, it was highlighted that the support provided by the EU would not be sufficient for Turkey and new aid should be provided to Turkey on this subject; that there are lots of pressure regarding this problem; that this responsibility should be shared; that new definitions (refugee, conditional refugee, secondary protection, and temporary protection) will be made through the “Law on Foreigners and International Protection” which has been recently adopted and will be enter in force in 2014; and that legal infrastructure on this subject will be strengthened; that the population to flow in Turkey and other countries will further increase in the following days and works should be carried out on this subject, and that there is a psychological line for both Turkey and the camps, and that Turkey should be supported in this regard.
(1) Law on Foreigners and International Protection
http://www.resmigazete.gov.tr/main.aspx?home=
http://www.resmigazete.gov.tr/eskiler/2013/04/20130411.htm&main=
http://www.resmigazete.gov.tr/eskiler/2013/04/20130411.htm
(2) 1951 Geneva Convention regulating the legal status of refugees,
http://www.hyd.org.tr/?pid=294
