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Effects of Syrian Migration
GSA 2015 INT. CONFERENCE: LIVING THE GLOBAL
(Roehampton University, London, UK)
ARTICLE
By Sezai ÖZTÜRK
İSTANBUL-2015
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CONTENTS
Abstract ..................................................................................................................................... 4
1.
Introduction....................................................................................................................... 5
2. International and National Legal and Administrative Regulations Related
to Migration .............................................................................................................................. 6
3.
Syrian Refugees in Turkey ............................................................................................. 10
4.
Conclusion ....................................................................................................................... 12
5.
Bibliography .................................................................................................................... 14
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ACRONYMS
AFAD : Disaster and Emergency Management Directorate (Afet ve Acil Durum
Yönetim Başkanlığı)
CSR
: Convention on the Status of Refugees
EXCOM: Convention Executive Committee
FIPA
: Foreigners and International Protection Act (Turkish)
ICRC
: International Committee of the Red Cross
IDPs
: Internally Displaced Persons
MAC
: Migration Advisory Committee
MAGD : Migration Administration General Directorate
MONE : Ministry of National Education
MPC
: Migration Policy Committee
NGO
: Non Govermental Organization
ORA
: Office of Religious Affairs
RC
: Red Crescent
SSI
: Social Security Institution
TGS
: Turkish Genaral Chief of Staff
TPD
: Temporary Protection Directive
UC
: The Undersecretariat of Customs
UDHR : The Universal Declaration of Human Rights
UN
: United Nations
UNICEF: United Nations International Children's Emergency Fund
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Abstract
The Syrian Conflict in March 2011 has turned into a severe human tragedy.
Syrians, who do not have any security of life, have set out to immigrate to other
countries. As a result, along with some other countries, Turkey has welcomed
countless Syrians. It is believed that should there be a full understanding about
migration and migrants’ perceptions from Syria to Turkey, a solution to this
humanitarian crisis could be found.
Mass migration has created humanitarian problems, but many have contributed in
the problem solving effort. The most important problems caused by this situation are
the status of Syrians, lodging, feeding, education, health, and right to work issues.
Feeling the problem at the hot point and considering other related problems likely to
be experienced, Turkey is in a struggle to come up with some sound solutions.
However, taking into consideration approximately 1,6 million Syrians in Turkey so
far, it is not so easy to settle the situation to an extent that everybody is clearly safe
and sound. Besides cultural differences, migrants are hindered in their way of
thinking globally and finding new ways of living.
Since the number of refugees have amounted to numbers that are much more than
anticipated, it is an obligation to give more importance in seeing what Turkey is
doing on the issue, which measures have been taken so far and what are needed from
migrants’ perspective. Investigation into the measures taken and new policies to be
improved in regards to the status of Syrians, lodging, feeding, education, health, and
right to work as well as examining them in terms of Syrians in Turkey and paying
closer attention to everyday practices in which people respond to, negotiate, and
attempt to harness global processes is vital. The objective here is to find out how
people accommodate themselves to ‘living the global’ but also how they may drive it
too, under certain conditions. The intention is to address these areas of human
creativity in the context of conflict and crisis which strain globalizing organizations
and processes, and explore the connections and disjunctures between these
experiences.
Key Words: Conflict, Migration, Syrians,Turkey, Global processes.
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1. Introduction
Almost every country is affected by migration in the world. Especially the second
half of the 20th century has witnessed the mass population movements . Indeed, in
the last fifty years, it is known that more than 175 million people migrated.
According to the United Nations (UN) global migration data, 232 million people,
that is, 3.2% of the world population are composed of transnational migrants.1
Turkey, due to geographical and strategic location, having seen the mass influx
movements throughout history, has been final stop of migration and home to millions
of migrants in the broadest sense. Turkey is a bridge between some Middle East and
the Asian countries experiencing conflict and instability in the East & South and
European countries of high welfare and human rights standards in the west. In
particular, the growing economic and political power structure and stability in recent
years has made Turkey a center of attraction for regular and irregular migration
movements. This case brings up the effects of migration on Turkey's economic,
socio-cultural and demographic structure and security & public order. It is known
that migrants had been approached decently without distinction of race and religion
during the Ottoman Empire period. Mass migration movements also continued
during and after the foundation of the Republic.2 Turkey, from 1922 to the present
day, has embraced more than 4 million people.3 This number does not include the
ones who have been to Turkey legally for the reasons such as work, education,
settlement, marriage etc.
Migration is a process of moving, either across an international border, or within a
State. It is a population movement, encompassing any kind of movement of people,
whatever its length, composition and causes; it includes migration of refugees,
displaced persons, uprooted people, and economic migrants.4 Due to armed conflicts,
natural disasters, political or economic reasons, millions of people are to leave the
lands where they were born and raised. Migration is closely related to political,
economic, social and cultural lives. In particular, international migration affects more
1
Göç İdaresi Genel Müdürlüğü Yayınları, Yayın No:4, Pozitif Matbaa, Ankara, 2013, s. 5.
2
a.g.e., s. 9.
3
Kemal Kirişçi, “Reconciling Refugee Protection with Efforts to Combat Irregular Migration: the
Case of Turkey and the European Union”, Global Migration Perspectives, No.11, October 2004, s. 2.
4 Bülent Çiçekli, Açıklamalı Göç ve İltica Hukuku Terimleri Sözlüğü, (Basım yeri belirtilmemiştir),
Nisan 2013, s. 39-40.
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than one state simultaneously. This type of migration is, often, on one hand, provides
the country of settlement with the contribution of labor, brings different skills and
new ideas, on the other hand it could lead to the loss of skilled labor in the country of
origin. Thus, migration concerns the countries they have left behind as well as the
countries they have settled and it leaves permanent footprints by shaping the
interaction between these countries. Migration, due to many reasons, is expected to
continue in the coming years. In case migration movements are well managed, this
brings about positive consequences. Otherwise, it may cause negative consequences
like the emergence of a number of human rights violations, threat to public order and
security. Therefore, to develop an effective migration management, which supports
economic development, maintains public safety and, aims the protection of migrants’
human rights, has gained vital importance.
In this study, assuming that a comprehensive support is needed for the solution of
the refugee matter; it is focused on migration concept, international and national
legal regulations in terms of migration, situation of conditional refugees in Turkey
and, measures to be taken. Although there is a strong population registration system
in Turkey, due to the muchness of conditional refugees and the desire to pass to the
secure areas immediately, registration of the refugees could not be made smoothly
except those in the camps. Due to full occupancy of the camps and other reasons,
approximately 1.35 million migrants coming from Syria, have migrated to other
regions in Turkey on their own initiative and have engaged in the struggle for
survival. Although the efforts have been made for the integration of migrants in the
camps as well as those in the cities, and both countries are neighbours and
predominantly Muslim states, contrary to the popular belief, problems arising from
differences have occurred. In this study, due to time constraints, focus will be mainly
on the Syrians in the camps.
2. International and National Legal and Administrative Regulations Related to Migration
Article 1 of the Convention as amended by the 1967 Protocol provides the
definition of a refugee: “A person who owing to a well-founded fear of being
persecuted 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
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habitual residence as a result of such events, is unable or, owing to such fear, is
unwilling to return to it.”5
Asylum is the protection granted by a State to an alien on its own territory against
the exercise of jurisdiction by the state of origin, based on the principle of nonrefoulement, leading to the enjoyment of certain internationally recognized rights.
Asylum seekers are the persons seeking to be admitted into a country as refugees and
awaiting decision on their application for refugee status under relevant international
and national instruments. In case of a negative decision, they must leave the country
and may be expelled, as may any alien in an irregular situation, unless permission to
stay is provided on humanitarian or other related grounds. At the same time, people
to be answered about the application or applications are defined as asylum seekers.
However, if it is decided that the person conforms to the criteria for refugee at the
end of the procedures, he/she is considered refugee from the very beginning. So, the
recognition of refugee status is a statement announcing it.6
At the international level, no universally accepted definition of migrant exists.
The term migrant is usually understood to cover all cases where the decision to
migrate is taken freely by the individual concerned for reasons of “personal
convenience” and without intervention of an external compelling factor. This term
therefore applies to persons, and family members, moving to another country or
region to better their material or social conditions and improve the prospect for
themselves or their family. Migrants continue to benefit from the protection of the
country of his nationality and go on a journey with their own wishes and desires.
Countries accepting migrants, depending on immigration policy, can accept or reject
the applications. These countries, in this sense, do not have responsibilities arising
from a basic human responsibility. Migrants, based on their migration history in a
formal ground or not, are divided into regular and irregular migrants.7
Internally Displaced Persons (IDPs) are, as stated in the Guiding Principles on
Internal Displacement of UN, “Persons or groups of persons who have been forced
5
Tamer Kılıç, “Türkiye’de Mültecilerin Hukuki Durumu, Uyum Meselesi”, Uzm.Servet Karaca ve
Araş.Gör.Uğur Doğan (Eds.), Suriyeli Göçmenlerin Sorunları Çalıştayı Sonuç Raporu, Mersin
Üniversitesi, Mersin, 2014, s. 7.
6
a.g.e., s. 8.
7
a.g.e., s. 8.
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or obliged to flee or to leave their homes or places of habitual residence, in
particular as a result of or in order to avoid the effects of armed conflict, situations
of generalized violence, violations of human rights or natural or human-made
disasters, and who have not crossed an internationally recognized State border.”
Although this acronym bears political criteria in the definition of a refugee, it
defines the citizens that has not or could not been out of the country. In this respect,
the problems are the same with the protection needs of refugees, but these people do
not fall within the scope of the 1951 Convention and United Nations High
Commissioner for Refugees (UNHCR)’s regulations because they do not cross a
border. However, by the request of UN General Assembly and the UN Secretary or
the relevant state, UNHCR, which has special expertise and experience, participates
in humanitarian operations. In this context, witnessed in 20th century, the BosniaHerzegovina war continued for more than three years, and according to the records
of the International Committee of the Red Cross (ICRC), it is known that 350
thousand people lost their lives, 2 million people were displaced.
Temporary protection is “Procedure of exceptional character to provide, in the
event of a mass influx or imminent mass influx of persons from third countries who
are unable to return to their country of origin, immediate and temporary protection
to such persons, in particular if there exists also a risk that the asylum system will be
unable to process this influx without adverse effects for its efficient operation, in the
interests of the persons concerned and other persons requesting protection.” It has
been developed a legal definition for “massive” escapes in addition to that for the
“individual” within the 1951 Convention.8 This is the status that Turkey declares to
apply to migrants from Syria. The Universal Declaration of Human Rights (UDHR)
Article 14 proclaimed in 1948 UDHR that asylum has been declared as a basic/first
generation human right. It states that“Everyone has the right to seek and to enjoy in
other countries asylum from persecution. This right may not be invoked in the case of
prosecutions genuinely arising from non-political crimes or from acts contrary to the
purposes and principles of the United Nations.”
Although the number of countries that adopted the UDHR is too much, because it
is not a convention in terms of international law, it does not have the follow-up,
control and enforcement mechanism on the rights it defines. Therefore, a separate
8
a.g.e., s. 9.
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and exclusive convention was needed for the rights defined in UDHR. Adopted by
26 countries and representatives in Geneva on July 28th, 1951, “Convention on the
Status of Refugees (CSR)” makes a refugee definition in terms of the written law for
the first time, presents a contemporary list of rights & standards, “non-refoulement”
principle in customary law is taken contract clause with the limits of the refugee
return, and it focuses on “legal integration”. Thus the convention has undertaken the
mission to be a turning point in that sense.
Turkey is one of builders and the first signatories of the Convention. It is also a
member of Convention Executive Committee (EXCOM) which is responsible for the
implementation of the Convention.
Turkey has applied “open door” policy fort he migrants from Syria from the
beginning, however it has defined them as guests, not refugees. In November 2011,
in Geneva, then Interior Minister, participating in a UN meeting on the situation of
stateless people, has declared for the first time that “temporary protection” is applied
for the migrants in Turkey. Temporary protection regime was enacted on April 11,
2013 with Foreigners and International Protection Act (FIPA) and the Council of
Ministers regulation has been released in the Official Gazette on October 22nd, 2014
(29153 No.)9 In the framework of refoulement obligations of the States, it is a way of
solution which aims practice and complementary solutions to provide specific rights
to the people who gets to the country's borders en masse, without wasting time with
individual status determination procedures.10
Foreigners and International Protection Act (FIPA), continues its geographical
limitations and, this application will be carefully preserved obviously in the EU
accession process till the relization of “full membership.”
Therefore, strategies and policies of Turkey, which allow refugees stay in the
country temporarily until being transferred to 3rd countries, seems not to change at
least in near and medium term. “Refugee” definition of 1951 Geneva Convention has
been transferred to the Foreigners and International Protection Act (FIPA) and the
confusion created by the term “asylum seekers” used for migrants from the countries
other than Europe has been prevented by calling them “conditional refugees.”11
9
5543 Sayılı İskân Kanunu, Resmî Gazete, 26 Eylül 2006, Sayı: 26301.
10
Kate Jastram, Mültecilerin Korunması:Uluslararası Mülteci Hukuku Rehberi, 2001, s.127.
11
Göç İdaresi Genel Müdürlüğü Yayınları, Yayın No:4, Pozitif Matbaa, Ankara, 2013, s. 25.
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In the scope of Foreigners and International Protection Act (FIPA), provisions
about the civilian establishment of Migration Administration General Directorate
(MAGD), which will take responsibility and perform the job and the substantive
provisions have entered into force on April 11st , 2014. Strategy and policy-making
mechanisms are prescribed by Foreigners and International Protection Act (FIPA)
and the legal basis has been established. Migration Policy Committee (MPC) chaired
by Interior Minister and, established to ensure coordination between the Ministries is
considered to be a high-level committee in which public administrator attend. which
will bring together many actors Migration Advisory Committee (MAC), which
includes with 5 Non Govermental Organization (NGO) representatives working in
the subject matter and five academics, chaired by Undersecretary or deputy
undersecretary, is also considered as second major instrumental in developing these
strategies and policies.
3. Syrian Refugees in Turkey 12
With a population of around 20 million before the start of civil unrest in Syria,
today about 10.8 million people require urgent humanitarian assistance. In this
process, 6.45 million Syrians was forced to leave home, more than 3 million Syrians
have found the salvation of seeking asylum in neighboring countries. Turkey, within
the framework of the “open door policy” implemented, has not rejected any of the
Syrians arriving and, has given them temporary protection status. Turkey is to host
more than 1.6 million Syrian citizens of which about 220 thousand live in 22 shelter
centers which Turkish Disaster and Emergency Management Directorate (AFAD)
established and managed in 10 provinces. Approximately 1,35 million Syrians are
sustaining their lives outside of the shelter centers. All requirements of the
conditional Syrian refugees in the shelter centers have been met with the close
cooperation of Ministries, Turkish Genaral Chief of Staff (TGS), Office of Religious
Affairs, the Undersecretariat of Customs and, the Red Crescent whereby AFAD is in
coordination role. So far, Turkey spent a resource of 4.5 billion US dollars according
to international standards for the Syrian conditional refugees in Turkey. Despite
Turkey's efforts, only about 250 million US dollars has been contributed to the
12 Suriye
İnsani Yardım Raporu, AFAD, 10 Ekim 2014, s. 1.
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Syrians in Turkey by the international community. In AFAD shelter centers (camps),
grocery stores, heating, security, worship, infrastructure, communications, fire
fighting, interpreting, psycho-social support and banking services are given and,
laundry, dishwashing, and shower needs are met. Education and vocational training
activities for the social needs are also carried out. Recreation centers, children
playgrounds, television rooms and internet services are available. Shelter centers, has
become a model in the international community.
United Nations High Commissioner for Refugees (UNHCR) has its main office in
Ankara. It has field offices and units in different regions of Turkey. These field
offices are in Istanbul and Gaziantep. In Hatay, Urfa, Van and Silopi also are field
units. These units are coordinating with AFAD.
Important issues of Syrian refugees in Turkey are registration, child protection,
education, protection of women, access to health care and the labor market.13
Registration is the most important issue in terms of protection of refugees and
ensuring their access to public services. While registration of refugees remaining in
camps has been kept in a systematic way since the beginning of the crisis, it is not
the case for those outside the camps because of the refugees’ reluctance. As
advanced registration systems are being used, difficulties are there in reaching the
population outside the camps. In this context, records are usually made both in
AFAD coordinated mobile registration vehicles and in certain allocated places. Since
April 2013 biometric fingerprint have been taken. Considering
that
53%
Syrian
refugees of children, the protection of children is one of the most important issues
faced in the crisis. The main issues encountered in this regard are marriages at an
early age, children’s access to education, child labor, capacity constraints, children
separated from families and, birth records.
Another important issue about the Syrian refugees is education. According to the
figures, the majority of children living in camps (80%) are having education. But few
children living outside camps have the chance for a proper education. Ministry of
National Education (MONE)’s circular was issued in September 2014, which
13
Aslı Velieceoğlu Yonca, “Türkiye’deki Suriyeli Mülteciler”, Uzm. Servet Karaca ve
Araş.Gör.Uğur Doğan (Eds.), Suriyeli Göçmenlerin Sorunları Çalıştayı Sonuç Raporu, Mersin
Üniversitesi, Mersin, 2014, s. 26.
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included the Syrian conditional refugees and all other foreigners. According to the
circular, all registered Syrians can enroll in state schools free of charge.
Healthcare is another important area. According to the Temporary Protection
Directive (TPD), the non registered Syrians can access health care only in emergency
situations. Social Security Institution (SSI) pays healthcare expenses of registered
Syrians to some extent as Turkish citizens. These payments are billed on AFAD
subsequently. In this context, additional resources are needed to pay the high cost
medication. Apart from this, the language barrier is a major issue in terms of getting
health care.
On the Syrian crisis, the protection of women with special needs is a very
important issue. Especially urgent and early detection of victims with special care
needs, protecting and directing them towards proper centers are of high importance.
Two other issues are labor market and access to social assistance and services
These issues are regulated by the temporary protection directive.
4. Conclusion
Increasing and diversifying migration to Turkey has deeply affected the country's
economic, social and demographic structure, the public order and security and, has
brought in the need for a new understanding of migration management. In this
context, new arrangements have been made and, it is aimed to establish balance
between rights and security. An important legislation and infrastructure works
continue for a managable and institutional structure based on human rights in which
rights and security balance is provided by a strong migration management and,
migration and international protection is defined in the strategy.
With Foreigners and International Protection Act (FIPA), a strong migration
management has been founded, considering the individual rights and freedoms at all
stages, having enough staff and expertise, whereby all the necessary procedures are
finalized as soon as possible regarding the migration processes, migration policy is
determined by the political will in accordance with predictable targets and, all stages
of migration is based on a comprehensive approach. Administration General
Directorate of Migration (AGDM) was established. With Foreigners and
International Protection Act (FIPA), national policy has been created on migration
and international protection, the legal framework of migrant and refugee rights has
come into line with international standards and obligations. In this context, issues of
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importance on conditional refugees from Syria are; taking records of the Syrians and
identify special needs of people during recordings, psycho-social support, language/
interpreter needs, housing needs in cities, especially providing refugees, who has
special needs, with the basic necessities such as hygiene supplies and beds in
emergency situations, children’s access to education outside the camps and, keeping
refugees posted on general rights and services. Producing solutions on these matters,
working actively, following up, identifying deficiencies and developing programs
based on these deficiencies are of importance in order that Syrian refugees live in
harmony with local communities and be protected.
Turkey tries its best by forcing resources in order that the Syrians forget the pain
and keep a decent life. Of course, this effort needs to be supported fair enough by the
international community.
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5. Bibliography
5543 Sayılı İskân Kanunu, Resmî Gazete, 26 Eylül 2006, Sayı: 26301.
Çiçekli, Bülent, Açıklamalı Göç ve İltica Hukuku Terimleri Sözlüğü, (Basım yeri
belirtilmemiştir), 2013.
Göç İdaresi Genel Müdürlüğü Yayınları, Yayın No:4, Pozitif Matbaa, Ankara,
2013.
Jastram, Kate, Mültecilerin Korunması:Uluslararası Mülteci Hukuku Rehberi,
2001.
Kılıç, Tamer, “Türkiye’de Mültecilerin Hukuki Durumu, Uyum Meselesi”,
Uzm.Servet Karaca ve Araş.Gör.Uğur Doğan (Eds.), Suriyeli Göçmenlerin
Sorunları Çalıştayı Sonuç Raporu, Mersin Üniversitesi, Mersin, 2014.
Kirişçi, Kemal, “Reconciling Refugee Protection with Efforts to Combat Irregular
Migration: the Case of Turkey and the European Union”, Global Migration
Perspectives, No.11, October 2004.
Suriye İnsani Yardım Raporu, AFAD, 10 Ekim 2014.
Velieceoğlu Yonca, Aslı, “Türkiye’deki Suriyeli Mülteciler”, Uzm.Servet Karaca ve Araş.Gör.Uğur
Doğan (Eds.), Suriyeli Göçmenlerin Sorunları Çalıştayı Sonuç Raporu, Mersin Üniversitesi,
Mersin, 2014.
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