scholarly journals Unwelcome Guests: The Detention of Refugees in Turkey's "Foreigners' Guesthouses"'

Refuge ◽  
1969 ◽  
Vol 26 (1) ◽  
pp. 77-90 ◽  
Author(s):  
Rachel Levitan ◽  
Esra Kaytaz ◽  
Oktay Durukan
Keyword(s):  
European Union ◽  
Human Rights ◽  
Middle East ◽  
Asylum Seekers ◽  
The European Union ◽  
Legal Aid ◽  
Irregular Migration ◽  
Accession Process ◽  
Migration Flows ◽  
Asylum Seekers And Refugees

 As European countries bordering the Mediterranean have introduced increasingly harsh measures to stem the flow of irregular migration across their frontiers, Turkey has become one of the main crossroads for flows of migration from Africa, Asia, and the Middle East into Europe.At the same time, as part of Turkey’s accession process, the European Union has stepped up pressure on Turkey to prevent the movement of migrants, asylum seekers, and refugees into Europe.As a result of Turkey’s efforts to limit irregular migration flows, thousands of foreign nation­als without travel documents, refugees among them, are detained while attempting to either enter or exit the coun­try illegally.They are primarily held in detention centres, which are officially referred to as “foreigners’ guesthouses.” Turkey’s Ministry of Interior (MOI) severely limits access to detainees in these facilities by international and domestic NGOs and advocates.Helsinki Citizens’ Assembly Turkey (HCA), a leading human rights NGO based in Istanbul, has provided legal aid to refugees since 2004 through its Refugee Advocacy and Support Program.Based on inter­views conducted by HCA with forty refugees from seventeen countries, this report examines refugees’ access to proced­ural rights in detention, as well as conditions in “foreigners’ guesthouses.” It identifies gaps between reported practice and standards of treatment set forth in Turkish legislation and international guidelines on detention.

scholarly journals European Identity and the Challenges of Turkish Accession to the European Union

2021 ◽  
Vol 2 (1) ◽  
pp. 1-15
Author(s):  
Sara Duodu
Keyword(s):  
European Union ◽  
Human Rights ◽  
Middle East ◽  
Human Rights Violations ◽  
European Identity ◽  
The European Union ◽  
Full Membership ◽  
Member States ◽  
Muslim Majority

In 2005, Turkey entered into negotiations for membership with the European Union. Turkey has been an important strategic ally to the European Union in the Middle East, explaining the mutual desire for closer ties between the two. While these negotiations showed promise early on, it has become increasingly apparent that Turkish accession to the European Union will not come easily, if at all. Officially, the European Union cites Turkey’s shortcomings on issues such as human rights as the reason for the stall in negotiations. However, upon closer inspection, it is evident that there is more at play, particularly as the European Union has been inconsistent in their approach to addressing human rights violations. Member states such as Poland and Hungary, which have recent human rights violations, have not faced the same kind of condemnation that Turkey has from the leaders of the European Union. The reality is that the European Union is largely united by its shared Europeanness and Christianity. As a result, due to questions over Turkey’s Europeanness and its large Muslim majority, the European Union is apprehensive to afford it full membership. It can be said that the European Union has maintained that Turkish accession is still possible in order to continue reaping the strategic benefits from close relations with Turkey.

Human Rights of Irregular Migrants in the European Union

2021 ◽  
Author(s):  
Annalisa Morticelli
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Interesting Aspect ◽  
Irregular Migration ◽  
Irregular Migrants ◽  
Critical Issues ◽  
The Subject ◽  
Difficult Issue

The book addresses the difficult issue of irregular migration in the European Union, through a juridical reconstruction of the phenomenon starting from its origins. The interesting aspect is the understanding part between Italy and Germany, to understand the phenomenon in two different member countries, in order to grasp the main critical issues and identify virtuous behaviors in order to create a system that is as homogenous as possible at the level of the European Union. The researches were carried out in Italy and in Germany above all, through the analysis of legislative documents and the doctrine on the subject.

Harmonisation of Asylum Law and Policy within the European Union: A Human Rights Perspective

2002 ◽  
Vol 20 (2) ◽  
pp. 163-184
Author(s):  
Hannah R. Garry
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
The European Union ◽  
Member States ◽  
Asylum Policy ◽  
Law And Policy ◽  
Amsterdam Treaty ◽  
Asylum Law ◽  
The Eu

From 1986 to the present, there has been a dramatic increase in the numbers of asylum applications within the borders of the European Union largely from Eastern European countries and former colonies in Africa, Asia and the Middle East. Reacting to the influxes of the 1980s, European States began to implement and coordinate policies to control entry of asylum seekers. Within this climate, the EU has moved towards harmonisation of asylum policy and procedure as necessary for its pursuit of an ‘area of freedom, security and justice’ without internal borders for the purpose of greater economic and political integration. In light of the current restrictive attitudes and practice towards asylum seekers in the individual Member States of the EU, the harmonisation of asylum policy through the institutions and law of the EU may prove to be problematic from a human rights perspective. This paper first traces the development of a common asylum policy within the EU through the Maastricht Treaty and the Amsterdam Treaty. Second, this paper analyses the implications of harmonisation after the Amsterdam Treaty with reference to the international obligations of the Member States under international human rights and refugee law. Third, this paper critiques the development of various current asylum policies and practice through intergovernmental development of ‘soft law’. Through this overview and analysis, it is argued that further steps towards harmonisation will continue to reflect European concerns with security, economic prosperity, and cultural homogeneity unless the moves towards supranationalism within the EU framework lead to a deliberate effort to make respect for human rights the core of asylum law and policy.

scholarly journals The European Union Obligation: Member States must not Neglect the Consequences of Covid 19 to the Disadvantaged Asylum Seekers and Refugees

2020 ◽  
Vol 1 (1) ◽  
pp. 209
Author(s):  
Sibusisiwe Bulala Kelly
Keyword(s):  
European Union ◽  
Asylum Seekers ◽  
Refugee Camps ◽  
The European Union ◽  
Member States ◽  
Health Crisis ◽  
Eu Member States ◽  
Corona Virus ◽  
Asylum Seekers And Refugees ◽  
The Eu

In early March 2020 the health crisis warnings of corona virus also known as Covid 19 emerged in the European Union (EU). It dominated political dialogues prompting a sense of urgency, fear, and disruption among people. Suddenly there was a halt to the continuous controversial discussions on migration, asylum seekers and refugee challenges across the EU Member States and beyond. The message from the health experts and governments among the EU Member States was clear. Stay home, wash your hands constantly, maintain physical distance, and keep the children away from vulnerable grandparents. However, these seemingly extreme health guidelines engendered great anxiety for the disadvantaged people living in crowded refugee camps across the EU and beyond. It became very clear that the requirement of physical distancing has become a privilege only available for the populations that have the capacity.Research shows that overcrowding and lack of sanitation in refugee camps continue to be problematic across the EU Member States. Somehow, it seemed unfair for the Member States governments to emphasise on the importance of constant wash of hands and social distance among its citizens, whilst ignoring the horrific living conditions of those displaced and stranded in the internal and external borders of the EU. Additionally, there are claims that Covid 19 has not fully manifested in the EU refugee camps, however with lack of information on corona virus testing in the camps it is difficult to legitimately evaluate the situation. This brief assesses the EU Covid 19 response in relation to the area of Asylum. Also serves as a reminder for the EU policy makers not to forget the migration discourse during coronavirus crisis. Particularly, for the asylum seekers and refugees as their presence will continue to impact major dimensions of the EU communities such as political, economy, and social, well beyond Covid 19.

scholarly journals DETENTION OF ASYLUM SEEKERS THROUGH THE PRACTICE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON THE EXAMPLE OF THE REPUBLIC OF HUNGARY AND THE PERSPECTIVES OF THE NEW PACT ON MIGRATION AND ASYLUM

2021 ◽  
Author(s):  
Marina Čepo
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
Severe Form ◽  
The European Union ◽  
Major Step ◽  
Court Of Justice ◽  
The Republic ◽  
The Right ◽  
In Transit

Restrictions on freedom of movement, in particular the detention of asylum seekers as the most severe form of such restrictions, constitute an interference with fundamental human rights and must be approached with particular care. In view of the migration and refugee crisis, the Republic of Hungary has begun to amend its asylum legislation, thus tightening the conditions for the detention of asylum seekers. The introduction of the provision establishing that asylum may be sought only in transit zones has also led to the gradual detention of asylum seekers in transit zones, which Hungary did not consider as detention. This issue was brought before the Court of Justice of the European Union (hereinafter: CJEU), which drastically changed the path taken by the Hungarian government when it comes to detaining asylum seekers. What the CJEU has found is that leaving people in transit zones without the right to free movement is to be considered detention, even though they are not specialized detention facilities. The CJEU ordered that such a practice must cease immediately. Therefore, this paper will examine the Hungarian practice following the judgment of the CJEU. The CJEU has taken a major step towards protecting the rights of asylum seekers as regards detention, and the EU recently adopted amendments as part of the new Pact on Migration and Asylum aimed at improving the existing asylum system. The second part of the paper analyzes the provisions of the new Pact on Migration and Asylum related to detention in order to determine whether the proposed amendments contribute to the Common European Asylum System and the protection of the human rights of asylum seekers or represent a step backwards.

scholarly journals CONSEQUENCES OF THE MIGRANT CRISIS

2019 ◽  
Vol 30 (6) ◽  
pp. 1427-1435
Author(s):  
Hatidza Berisha ◽  
Milenko Dzeletovic ◽  
Vladimir Tomasevic
Keyword(s):  
European Union ◽  
Middle East ◽  
Asylum Seekers ◽  
Country Of Origin ◽  
The European Union ◽  
The Status ◽  
Basic Concepts ◽  
The Republic ◽  
Migration Crisis

In daily communication are often used terms, such as migration, immigrants, refugees, emigrants, asylum seekers and similar, which in principle denote persons living outside the country of origin and their properties. However, there is often a lack of understanding in the perception and distinction between these terms, which in academic practice necessarily requires the determination of the scope and content of those terms. Therefore, we should try to point out the content and scope of concepts that define the status of migrants in the modern world.The paper deals with the basic concepts of migration, as well as the main features of the current migration crisis, with the focus on the consequences of the migrant crisis in the Republic of Serbia and the evinced security implications are described.The aim of the paper is to point out the most important consequences of the migrant crisis in the Republic of Serbia and to assess the possible future implications of the migrant crisis, which is primarily conditioned by the the degree and dynamics of solving problems in the Middle East, political and other decisions and measures of the European Union and neighboring countries.

The Balkan Migration Route

2022 ◽  
pp. 111-134
Author(s):  
Anatoliy Khudoliy
Keyword(s):  
European Union ◽  
Migration Route ◽  
The European Union ◽  
European Union Policy ◽  
European Union Enlargement ◽  
Balkan Countries ◽  
Accession Process ◽  
Union Policy ◽  
Migration Flows ◽  
The Eu

The purpose of the chapter is to assess and link the issues of migration flows with the accession process of the Balkan countries and the European Union enlargement policy. The chapter argues that despite the recent changes in the EU commission's policy towards the candidate countries there is more to be done to foster the process and encourage domestic reforms in the countries. The chapter examines the process of migration along the Balkan migration route from 2001 till 2021 and its influence on the European Union policy and the policy of Balkan countries. The author links the issue of migration flows with the accession process of the Balkan countries, traces the connection between the issue of migration flows with the European Union enlargement, and analyzes the legal steps taken by the EU and the countries of the region in order to control the process of migration.

scholarly journals The Impact of Externalization of Migration Controls on the Rights of Asylum Seekers and Other Migrants

2016 ◽  
Vol 4 (4) ◽  
pp. 190-220 ◽  
Author(s):  
Bill Frelick ◽  
Ian M. Kysel ◽  
Jennifer Podkul
Keyword(s):  
United States ◽  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
The United States ◽  
Legal Responsibility ◽  
The European Union ◽  
Migration Flow ◽  
Protection Of Human Rights ◽  
The Impact

Wars, conflict, and persecution have forced more people to flee their homes and seek refuge and safety elsewhere than at any time since the end of World War II. As displaced people and other migrants increasingly move out of the conflict-ridden and less developed regions of their displacement and into relatively rich and stable regions of the world, the countries of destination are increasingly working to contain and even stem the migration flow before it reaches their shores. Perversely, countries that have developed generally rights-sensitive standards and procedures for assessing protection claims of asylum seekers within their jurisdictions have simultaneously established barriers that prevent migrants, including asylum seekers, from setting foot on their territories or otherwise triggering protection obligations. Consequently, those who would otherwise have been able to avail themselves of asylum procedures, social support, and decent reception conditions are often relegated to countries of first arrival or transit that have comparatively less capacity to ensure protection of human rights in accordance with international standards. This paper seeks to develop a working definition of the externalization of migration controls and how such externalization of the border implicates the human rights of migrants, and asylum seekers in particular. Although the majority of those migrants seeking legal protections stay in countries neighboring their own, hundreds of thousands continue their journeys in search of protection and stability in more distant states, including in the European Union, the United States, and Australia. In response to the significant increase in asylum seekers arriving at their borders, all three entities have significantly increased deterrence measures with the hopes of keeping new arrivals from entering. This paper will thus highlight a number of the most troubling externalization strategies used by the European Union, the United States, and Australia. Finally, because rights-threatening externalization law, policies, and practices implicate the international legal responsibility of the destination states pursuing them, the paper will conclude by presenting recommendations that could strengthen protection of human rights in the context of state actions seeking to manage migration.

scholarly journals The Readmission Agreement of Turkey

2018 ◽  
Vol 8 (2SI) ◽  
pp. 571-581
Author(s):  
Evrim Çınar
Keyword(s):  
European Union ◽  
Civil Wars ◽  
Critical Role ◽  
The European Union ◽  
Irregular Migration ◽  
Irregular Migrants ◽  
State Security ◽  
Transit Migration ◽  
Migration Flows ◽  
Irregular Migrant

The irregular migration flows in the last decade from countries, where there are social unrest, civil wars and economic turmoil, towards developed western countries are one of the most populated human movements since the WWII. Hence each immigration flow has its own characteristics, the current irregular flows reveal a new migration outcome; the balance between State Security and Migrant Security. Since the migration policies are control based in some destination countries, they take precaution in order to reduce the irregular immigration flows by signing bilateral readmission agreements with 3rd countries. In that respect, Turkey and European Union relations in terms of irregular migration flows play a crucial and critical role due to its condition of transit migration state. The European Union accession process brought Turkey heavy duties. Controlling and preventing irregular migration became an obligation to its membership and to achieve its goals Turkey signed a readmission agreement with European Union. However, as any method of preventing irregular migration flows, Readmission Agreement of Turkey effect the balance between destination country security and irregular migrant security, especially refugees and asylum seekers rights. The main goal of this article is to find an answer to this question: does the Readmission Agreement of Turkey provide a balance between State Security and Migrant Security? This article intends to analyze the adverse security conditions of irregular migrants and state security compulsions.

scholarly journals PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH

Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 148-158
Author(s):  
Mentari Jastisia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Status ◽  
International Human

Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe

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