legitimization of uncertainty: the shaky fate of syrian ... · part 2 european ‘migration...

Legitimization of uncertainty: The shaky fate of Syrian

migrants in Turkey and Europe

Nicolas Parent Researcher, OHRFMT

PART 1 EU and expressions of the containment paradigm

source: Wikimedia Commons, undated

Paradigms in parallel

Containment paradigm (Akram, 2015)

Migrant solidarity paradigm

§  Risk-based §  Strengthening internal borders §  Externalization of borders §  Securitization and technology §  ‘Burden’ sharing §  Exclusion

§  Rights-based §  International law §  Family reunification §  Responsibility sharing §  Life with dignity §  Inclusion

source: J. Hilton source: N. Parent

=Conceptual and

practical dissonance

Manufactured risk


source: J. Hilton

Risks are always events that are not yet real. Without techniques of visualization, without symbolic forms, without mass media, risks are nothing at all. The sociological point is: If destruction and disaster are anticipated this might produce a compulsion to act. The social construction of a “real” anticipation of catastrophes can become a political force, which transforms the world.

(Beck, 2009: 292-293)


Strengthening internal borders


source: J. Hilton


source: Tasch and Nudelman, 2016

Externalization of borders


source: J. Hilton

(…) the process which uses various methods to t rans fe r m ig ra t ion management beyond national borders [and] in the EU involves transferring responsibility and, in effect outsourcing its immigration and asylum policy by subcontracting controls.


(Rodier, 2013: 7)



source: J. Hilton

Border control maritime operations

(selected)

source: N. Parent data: FRONTEX, NATO

Operation Sophia: 2015 (EUNAVFOR Med)

Indalo; JO EPN Indalo: 2011; 2015 (FRONTEX)

Joint Operation Triton: 2014 (FRONTEX)

Poseidon Sea: 2014 (FRONTEX)

Military deployment: 2015 (NATO)

Hera; Hera II: 2006; 2007 (FRONTEX)




source: J. Hilton


(selected)


Push-back’s

The forcible return of migrants into a territory they are fleeing, typically following an interception at sea.

source: G. Moutafis, via Pro Asyl, 2013



source: J. Hilton


(selected)


Push-back’s: Legal implications

Charter of Fundamental Rights of the European Union, 2000 §  Article 18:

§  The right to asylum shall be guaranteed (…) §  Article 19 (1):

§  Collective expulsions are prohibited 1951 Convention Relating to the Status of Refugees §  Article 33 (1):

§  No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

UN Convention Against Torture, 1987 §  Article 3 (1):

§  No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture

The Universal Declaration of Human Rights, 1948 §  Article 14 (1):

§  Everyone has the right to seek and to enjoy in other countries asylum from persecution.



source: J. Hilton

Border control naval operations

(selected) 0

50 100 150 200 250 300

Frontex annual budget (Euro, Millions)

Maritime operational activites

All other operational activites

2016 source: Frontex, multiple years




source: J. Hilton


(selected)


Readmission agreements

(…) agreement which addresses procedures for one State to return aliens in an irregular situation to their home State or a State through which they passed en route to the State which seeks to return them.

(International Organization for Migration, 2010: slide 3)



source: J. Hilton


(selected)


2004 2006 2008 2010 2012 2014 2016

2005 2007 2009 2011 2013 2015

Hong Kong Macao

Sri Lanka

Albania

Russia

Ukraine FYROM Bos. And Her. Montenegro Serbia Moldova

Pakistan

Georgia

Armenia Azerbaijan Turkey Cape Verde

source: European Commission, 2016a

EU-wide readmission cooperation with non-EU countries



source: J. Hilton


(selected)


source: European University Institute, undated

Readmission-related agreements between EU Member States and non-EU countries

Securitization and technology


source: J. Hilton

Policy Strategies


source: Monroy, 2016

Source: European Commission, 2016b

Source: Finoki, 2005

Burden vs. responsibility


source: J. Hilton

Architectonics of Blame Avoidance (Hood, 2011)

Agency Strategies

Presentational Strategies

Policy Strategies

Blame Avoidance


PART 2 European ‘migration crisis’ and

EU-Turkey cooperation

source: Flesier, undated

Timeline of events

Mar. 2011: Syrian Arab Spring

Jul. 2012: ICRC declares Syria in a state of Civil War

June 2011: Military siege of Jisr al-Shughour in Northern Syria [2,500 Syrians flee to Turkey]

1 million [Sept. 2014]

October 2014: Law on Foreigners and International Protection [in force]

2 million

[Sept. 2015]

Aug. 2015: Chancellor Angela Merkel suspends Dublin rules

Jan. 2016: Regulation on the Work Permits for Foreigners under Temporary Protection

Feb. 2016: Turkey declared as ‘safe country’

Mar. 2016: EU-Turkey Action Plan

Apr. 2013: Law on Foreigners and International Protection [adopted]

Dec. 2013: EU-Turkey Readmission Agreement

Jul. 2016: Turkish President Erdogan discusses possible citizenship for Syrians

July. 2015: Monthly record for entry to EU

European Migration Crisis

Nov. 2015: EU-Turkey Summit

Dec. 2013: EU-Turkey Readmission Agreement

§  Visa liberalization signed in parallel with readmission agreement

§  “The provisions related to the readmission of any other third country nationals (…) will enter into forced only three years later” (European Commission, 2013a) §  Entry into force: December 16 2016

§  Included the “Roadmap Towards a Visa-Free Regime with Turkey” [5 pillars] (European Commission, 2013b) §  Document security §  Migration management §  Public order and security §  Fundamental rights §  Readmission of irregular migrants


Outline

§  “(…) hailed as a ‘historic step’ forward (…)” (FIDH, Migreurop and EMHRN, 2014)

§  Opens the door to temporary protection, applicable to Syrians §  Guarantees certain rights for those under temporary

protection §  Education §  Health §  Work

§  Further accessible following the Regulation on the Work Permits for Foreigners under Temporary Protection (2016)

§  Social assistance §  Cooperation with international protection procedures (e.g.

Geneva Convention) §  Outlines services available and rights within accommodation

and detention centers


§  Temporary protection granted in times of “mass influx” (art.91[1]), of which is decided by the Council of Ministers (art.91[2])

§  Confirms Turkey’s responsibility towards the principle of non-refoulement (art.4)

§  Discord between law and practice §  Access to accommodation, detention and removal centers

Implications

Nov. 2015: EU-Turkey Summit

§  Follow-up to conclusions by the European Council (15.10.2015) that “(...) the accession process needs to be re-energized” (European Council, 2015)

§  EU-Tukey readmission agreement “(…) will become fully-applicable from June 2016” (European Council, 2015)

§  Visa liberalization will be complete by October 2016 §  Refugee Facility for Turkey is established, amounting to 3

billion Euro


Outline

§  Announced by Greek Interior Minister Panayiotis Kouroublis §  Result of a meeting with Interior Minister’s Bernard Cazeneuve

(France) and Thomas de Maiziere (Germany)

source: Ekathimerini, 2016

§  Collapse of the Kurdish Peace Process §  ‘Human Rights violations §  Safe country’ only applicable to nationals (country of origin),

not refugees or asylum seekers

Implications


source: Weaver, 2016

source: Hürriyet Daily News, 2016

Mar. 2016: EU-Turkey Action Plan

§  Dec. 2013 readmission agreement is fast-tracked §  Irregular migrants arriving to the Greek islands

after 20 March 2016 will be sent back to Turkey §  ‘One for one’(1:1) arrangement §  Turkey will strengthen security on sea and land

routes §  Additional 3 billion Euro added to Refugee Facility

for Turkey §  EU and Turkey agree to accelerate visa

liberalization process, (complete by June 2016) §  EU commits to re-energize to accession process

Outline

Readmission from the EU to Turkey §  Readmission is articulated as legitimate by the EU Commission

–  Article 33 (2) of Asylum Procedures Directive (recast) •  “Member States may consider an application for international protection

as inadmissible only if: a)  Another Member State has granted international protection; b)  A country which is not a Member State is considered as a first country of

asylum for the applicant, pursuant to Article 35; c)  A county which is not a Member State is considered as a safe third country for

the applicant, pursuant to Article 38 (…)”

source: Directive 2013/32/EU

Article 35 of Asylum Procedures Directive (recast) “A country can be considered to be a first country of asylum for a particular applicant if: §  (a) He or she has been recognised in that country as a

refugee and he or she can still avail himself/herself of that protection; or

§  (b) He or she otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement, provided that he or she will be readmitted to that country.

In applying the concept of first country of asylum to the particular circumstances of the applicant, Member States may take into account Article 38(1).”

Article 38 of Asylum Procedures Directive (recast) “Member States may apply the safe third country concept only where the competent authorities are satisfied that a person seeking international protection may be treated in accordance with the following principles in the third country concerned: •  (b) There is no risk of serious harm as defined in Directive

2011/95/EU; •  (c) The principle of non-refoulement in accordance

with the Geneva Convention is respected; •  (e) The possibility exists to request refugee status and, if

found to be a refugee, to receive protection in accordance with the Geneva Convention”

Sufficient protection in Turkey?

§  APD does not define ‘sufficient protection’ §  According to UNHCR (selected):

§  “No risk of persecution within the meaning of the 1951 Convention or serious harm in the previous state;

§ No risk of onward refoulement from the previous state;

§ Compliance, in law and practice, of the previous state with relevant international refugee and human rights standards, including adequate standards of living, work rights, health care and education. (…)” (UNHCR, 2016: 3)

The high price tag of the E.U.-Turkey deal has sent a message to other non-E.U. countries that their cooperation on migration is a commodity that is rapidly increasing in value, as well as a message to major refugee-hosting countries – the vast majority of which are developing countries – that their responsibil it ies to the vulnerable and displaced are optional and can be outsourced.

- Elizabeth Collett Director, Migration Policy Institute

source: Alfred, 2016

THANK YOU

w: nikparent.com e: [email protected]

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•  [Accessed 5 September 2016].

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