asylum seekers
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COLOMBIA: ‘Civil society is an important pillar in work with the migrant population’
CIVICUS speaks with Carmen Aida Faria, director of Fundación Manitas Amarillas (Little Yellow Hands Foundation), about the difficulties faced by Venezuelan migrants in Colombia and the work being done by civil society to facilitate their access to rights.
Manitas Amarillas is a Colombian civil society organisation (CSO) formed in 2018, in the context of mass Venezuelan migration to Colombia, to provide humanitarian assistance, access to health services and counselling to migrants and refugees.
How has the situation of Venezuelan migrants in Colombia changed in recent years?
Migration flows into Colombia have changed over time. The 2015 wave of Venezuelan migration was very important, but the number of migrants increased over the following years, peaking in 2017. Compared to the previous wave, this one included a lot more people in vulnerable situation.
The new arrivals needed immediate healthcare and access to other fundamental rights that the system could not provide. Colombia did not have the infrastructure or the financial resources to respond, particularly in border areas, where local populations also experience deficits in access to education and healthcare, among other rights.
Migrants in vulnerable situations were also unable to receive monetary aid through the Colombian government’s social assistance programmes or enter the subsidised health system. To access social programmes, people must have a regular migration status.
In addition to a permanent migrant population, there is also the population in border areas that constantly crosses the border back and forth to access certain services. For instance, many children who live in Venezuela go to school in Colombia and are not included in school food programmes. There are organisations working specifically to ensure these children have access to food, as they arrive with significant nutritional problems.
These processes created a demand for the community, but above all for the Colombian state, to respond to. And the country began to operate under a logic of solidarity and gratitude: Colombians remember that in the past it was Venezuela that received Colombian migrants. Thus, the government began to grant special residence permits to regularise this population in some way. But the definite milestone was the Temporary Statute of Protection for Venezuelan Migrants (ETPMV), approved in 2021 under an essentially humanitarian logic.
What did the implementation of this new policy entail?
The ETPMV implied temporary regularisation so that Venezuelans could benefit from the same rights and have the same duties as Colombian nationals. Upon receiving an identity document called a Temporary Protection Permit, migrants have the possibility of accessing the health system and the labour market, among other rights.
Theoretically, the mechanism is well thought out. However, putting it into practice has been hard. Many people have been left out: more than 2.4 million migrants have registered in the Single Registry for Venezuelan Migrants, but there are still more than a million who, having completed the full process, have not received their permit.
Some people applied for the permit in September 2021, more than a year ago, and have consulted Migración Colombia, the authority for migration control and monitoring, but still do not know what has happened to their application. Some have not received their permits due to logistical problems: this is a highly mobile population and when they change addresses it is often not possible to locate them to deliver the documentation.
But it is also the case that difficulties continue once the permit has been obtained. This is an indication of deeper problems. When Venezuelans go with their permit to open a bank account or register with the health system, they are often rejected. The Temporary Protection Permit is a new document and many institutions, both public and private, are not yet familiar with it. A lot of education is needed to make these rights effectively accessible.
The ETPMV was supposed to prioritise the most vulnerable population groups. The first to receive their permits were supposed to be people in need of immediate medical attention and children and adolescents who needed them to enter the education system due to lack of identity papers. This ultimately did not happen, to such an extent that legal appeals have had to be filed to ensure access to healthcare for people with chronic illnesses or other conditions in need of immediate attention.
How is Colombian civil society supporting Venezuelan migrants?
Since the last big wave of migration in 2017, many CSOs have emerged. It was the migrant community itself that first began to get together to help other migrants. We started giving food out on the street and providing humanitarian assistance to walkers, as we call the people moving on foot through Colombian territory, who did not have basic information or even warm enough clothing to withstand Colombia’s climate.
CSOs have become an important pillar in work with the migrant population, because we are on the ground and we know the problems migrants have.
Currently, many CSOs are working together in coordination with the Mayor’s Office of Bogotá and promoting several joint initiatives. We have launched public campaigns and signed a symbolic pact to promote integration, because Venezuelan migrants in Colombia continue to suffer from xenophobia and discrimination as a result of their poverty. We have asked the media to stop mentioning the nationality of crime perpetrators, because they only do so when the person involved is a foreigner, thus overstating the problem and contributing to discrimination against Venezuelans.
We are also participating, in collaboration with the Colombian government and international cooperation agencies, in the first ‘Entregatón’, a massive permit delivery operation aimed at distributing 40,000 permits in five days. Migración Colombia has sent messages via mobile phone to migrants whose documents are ready, notifying them of the date and place where they can pick them up.
But in addition to handing out the documents, as part of the operation, enrolment and biometric registration services are being provided for those who have not yet completed these stages of the process. People who have already received their permits are also offered vaccination services, access to healthcare providers, registration with the social assistance system, legal support and information on various other issues, from the transportation system to school access to programmes targeted at migrant women.
There is so much work and CSOs are contributing enormously. The government and international cooperation agencies should take us into account not only as sources of diagnoses of migration issues, but also as partners when it comes to jointly implementing public policies arising from those diagnoses.
Civic space in Colombia is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Manitas Amarillas through itswebsite orFacebook page, and follow@MANITASAMARI on Twitter.
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COLOMBIA: ‘Lack of regular migration status imposes barriers to accessing rights’
CIVICUS speaks with Jessica Corredor Villamil and Lina Arroyave about the situation of Venezuelan migrants and refugees in Colombia. Jessica is the director of and Lina a researcher in Dejusticia’s international team.
Dejusticia is a centre for legal and social studies based in Bogotá, Colombia, dedicated to promoting human rights in Colombia and the global south. It promotes social change through action-research, developing public policy proposals, advocacy campaigns and strategic litigation.
How has Colombia changed its legal framework to accommodate Venezuelan migration?
There are currently three ways in which Venezuelan nationals can obtain the status that allows them to stay in Colombia for extended periods: visas, refugee status and the Temporary Protection Status for Venezuelan Migrants (ETPMV).
The ETPMV was established in 2021 to address the situation of mass migration from Venezuela. It has two main objectives: to identify the Venezuelan migrant population and regularise their migratory situation. To this end, two mechanisms are envisaged. The first is the Single Registry of Venezuelan Migrants, which collects personal and socio-economic data of those who register, administered by Migración Colombia, the authority in charge of migration control and surveillance. The second is the Temporary Protection Permit, which authorises its holders to stay in Colombia for 10 years and allows them to access the health, social security, education and financial systems, validate their diplomas, work and leave and re-enter the country.
Those in Colombia who have regular status, who have requested refuge but have not yet received a response, who entered the country irregularly before 31 January 2021, who have entered the country regularly after May 2021, or do so before late May 2023 are all eligible for temporary protected status. After that cut-off date, it will only be available to children and adolescents.
Even so, people are not guaranteed temporary protected status if they meet all the requirements, since it is granted at the discretion of Migración Colombia.
How has the ETPMV system worked during its first year?
The process has takenlonger than expected, falling short of the goal set by the previous government of delivering 1.8 million identification documents by 2022.
According to data from Migración Colombia, as of November 2022 about 2.5 million people have entered their data in the Single Registry for Venezuelan Migrants and 1.6 million permits have been approved.
This gap is worrying because lack of regular migration status imposes barriers to accessing fundamental rights and hinders the socio-economic integration of migrants.
In addition, many people did not register because they were unable to regularise their migration status. The ETPMV was only available to those in an irregular situation who had entered Colombia before 31 January 2021. This time limitation ignores the fact that irregular migration continues, largely because of the impossibility of obtaining official documents in Venezuela. Irregular status is assumed to be the result of individual decisions, when it is usually results from the impossibility of complying with the requirements imposed.
What integration barriers do Venezuelan migrants face in Colombia?
In a recentreport we identified multiple barriers to accessing and remaining in the formal labour market, as well as for setting up a business.
The main legal barrier is lack of regular migration status. The thousands of people who continue to enter Colombia through informal border crossings are denied access to temporary protected status. This has an impact on both formalising their employment and access to entrepreneurship support funds, particularly from the state, but also from the private sector. A majority of self-employed migrant workers work in the informal sector.
Widespread ignorance among employers of migration legislation imposes additional barriers. For instance, many are unaware that the validation of university degrees is only required for professions that involve high social risk, such as medicine, or that are regulated by the state, such as architecture or law, for which all applicants must follow a process to validate their diplomas and have professional cards issued. This procedure requires an official certificate that must be obtained in Venezuela, and those who are already in Colombia face immense difficulties in securing this.
There are also social and cultural factors that can affect the employment situation. Negative perceptions of the Venezuelan migrant population affect recruitment processes. Xenophobia and discrimination deepen in situations of insecurity, although there is no evidence of links between migration and increased crime.
Lack of social capital – such as well-placed contacts and job references – is also a problem for migrants.
Additional obstacles make it difficult for migrant workers to remain in the formal economy. For example, many banks refuse to open savings accounts for Venezuelan migrants. They not only require them to prove their regular migration status but also demand an up-to-date passport, which they usually don’t have. Similar challenges come with some health insurers, pension funds and occupational risk insurance companies.
As a result, to earn an income many migrants are forced into precarious jobs and exploitative working conditions, including extremely long working hours, sub-minimum wages, mistreatment and changes in agreed working conditions. In 2019, the average monthly income of a Venezuelan migrant was less than the legal minimum wage, and the wage gap compared to Colombian nationals was more than 30 percentage points.
What is Dejusticia doing to promote migrants’ rights?
As a civil society organisation, we carry out research on migrants’ access to rights that we use to influence decision-making processes on migration policy and formulate public policy recommendations. In the research process leading to ourreport on the labour inclusion of Venezuelan migrants, for example, we organised an event to which we invited various stakeholders, including government agencies, to work on recommendations. Also, when anew government took office in August 2022, we produced a series of recommendations, in partnership with other organisations.
We also develop strategic litigation and communications campaigns, and work with other organisations, both nationally, regionally and in other regions of the global south, to address the migration phenomenon from a broader perspective.
What support from the international community do organisations defending the rights of migrants in Colombia need?
It is important for the international community to shed visibility on and support the processes that are taking place in relation to the rights of Venezuelan migrants. But it is also very important that the support of the international community covers other migratory flows and takes into account the problems happening on the Colombia-Panama border, crossed by migrants of various nationalities trying to head towards the USA.
It is also important for the international community to remind the Colombian government of the commitments it has made by ratifying treaties and adopting international standards on migration and refugees.
Civic space in Colombia is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Dejusticia through itswebsite orFacebook page and follow@DeJusticia and@JessCorredorV on Twitter.
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COLOMBIA: “La carencia de estatus migratorio regular impone barreras de acceso a derechos”
CIVICUS conversa con Jessica Corredor Villamil y Lina Arroyave sobre la situación de las personas migrantes y refugiadas venezolanas en Colombia. Jessica esdirectora y Lina es investigadora del área internacional de Dejusticia.
Dejusticia es un centro de estudios jurídicos y sociales localizado en Bogotá, Colombia, y dedicado a promover los derechos humanos en Colombia y en el sur global. Promueve el cambio social a través de la investigación-acción, desarrollando propuestas de políticas públicas, campañas de incidencia y litigios estratégicos.
¿Cómo ha reformado Colombia su marco legal para acoger a la migración venezolana?
Actualmente hay tres vías mediante las cuales las personas nacionales de Venezuela pueden obtener el estatus migratorio que les permite permanecer en Colombia por períodos prolongados: las visas, la solicitud de la condición de refugiado y el Estatuto Temporal de Protección para Migrantes Venezolanos(ETPMV).
Este último fue establecido en 2021 para atender la migración masiva procedente de Venezuela. Tiene dos grandes objetivos: identificar a la población migrante venezolana y regularizar su situación migratoria. Para esto prevé dos mecanismos. El primero es el Registro Único de Migrantes Venezolanos, que recoge los datos personales y socioeconómicos de quienes deciden registrarse y es administrado por Migración Colombia, la autoridad de vigilancia y control migratorio. El segundo es el Permiso por Protección Temporal, que autoriza a su portador a permanecer en Colombia por 10 años y le permite acceder a los sistemas de salud y seguridad social, educativo y financiero, convalidar títulos, trabajar y salir del país y reingresar.
Pueden acogerse al ETPMV quienes se encuentren en Colombia de manera regular, quienes han solicitado refugio pero aún no han recibido respuesta, quienes ingresaron al país de manera irregular antes del 31 de enero de 2021, y quienes lo hicieron de manera regular desde finales de mayo de 2021 o lo hagan antes de finales de mayo de 2023. Luego de esa fecha, solo será una opción para niños, niñas y adolescentes.
Aun así, el cumplir con todos los requisitos no es garantía de obtención del ETPMV, ya que su otorgamiento es facultad discrecional de Migración Colombia.
¿Cómo ha funcionado el ETPMV durante su primer año?
El proceso se hademorado más de lo previsto, lo cual impidió cumplir la meta del gobierno anterior de entregar 1.8 millones de documentos de identificación en 2022.
Según datos de Migración Colombia, hasta noviembre de 2022 cerca de 2,5 millones de personas han ingresado sus datos en el Registro Único para Migrantes Venezolanos, y se han aprobado 1,6 millones de permisos.
Esta brecha es preocupante porque la carencia de estatus migratorio regular impone barreras de acceso a derechos fundamentales y obstaculiza la integración socioeconómica de la población migrante.
Además, muchas personas no se inscribieron en el registro por no haber podido regularizar su situación migratoria. El ETPMV solamente estaba disponible para las personas en situación irregular que hubieran ingresado a Colombia hasta el 31 de enero de 2021. Esta limitación temporal ignora el hecho de que la migración irregular continúa, en gran medida a causa de la imposibilidad de acceder a documentos oficiales en Venezuela. Se asume que la situación de irregularidad obedece a una decisión individual, cuando por lo general es el resultado de la imposibilidad de cumplir con los requisitos exigidos.
¿Qué barreras de integración enfrentan las personas migrantes venezolanas en Colombia?
En un recienteinforme identificamos las múltiples barreras de acceso y permanencia en el mercado laboral formal, así como para el desarrollo de emprendimientos.
La principal barrera legal es la carencia de estatus migratorio regular. Las miles de personas que continúan ingresando a Colombia por pasos fronterizos informales tienen vedado el acceso al ETPMV. Esto tiene impactos tanto para la formalización laboral como para el acceso a fondos de apoyo al emprendimiento, en particular estatales, pero también privados. La mayoría de los trabajadores migrantes independientes trabaja en el sector informal.
El desconocimiento generalizado de la legislación migratoria por parte de los empleadores impone barreras adicionales. Por ejemplo, muchos desconocen que la convalidación de títulos universitarios solo es imprescindible para profesiones cuyo ejercicio implica altos riesgos sociales, como la medicina, o cuyo ejercicio es regulado por el Estado, como el derecho o la arquitectura, y exigen a todos los postulantes la realización del trámite de convalidación de títulos y expedición de tarjetas profesionales. Este trámite requiere de una apostilla que debe ser obtenida en Venezuela antes de migrar, y quienes ya se encuentran en Colombia enfrentan enormes dificultades para conseguirla.
También existen factores sociales y culturales que pueden afectar la situación laboral. Las percepciones negativas de la población migrante venezolana afectan los procesos de selección de personal. La xenofobia y la discriminación se profundizan cuando ocurren hechos de inseguridad, pese a que no hay evidencia de vínculos entre el aumento de la criminalidad y el de la migración.
La falta de capital social, es decir, de contactos bien posicionados y referencias laborales, también es un problema para las personas migrantes.
Algunos obstáculos adicionales dificultan la permanencia en la economía formal. Por ejemplo, muchos bancos se niegan a abrir cuentas de ahorros a personas migrantes venezolanas ya que les exigen no solamente acreditar estatus migratorio regular sino también presentar su pasaporte actualizado, con el que habitualmente no cuentan. Algo similar ocurre con algunas aseguradoras de salud, fondos de pensiones y aseguradoras de riesgos de trabajo.
De ahí que muchas personas migrantes con tal de conseguir algún ingreso acepten empleos precarios y se sometan a condiciones de explotación laboral que incluyen jornadas de trabajo extremadamente largas, salarios por debajo del mínimo, malos tratos y cambios en las condiciones laborales acordadas. En 2019, los ingresos mensuales promedio de una persona migrante venezolana fueron inferiores al salario mínimo legal vigente, y la brecha salarial frente a los nacionales colombianos fue de más de 30 puntos porcentuales.
¿Qué trabajo hace Dejusticia para promover los derechos de las personas migrantes?
En tanto que organización de la sociedad civil, hacemos investigaciones sobre el acceso a derechos de las personas migrantes para sobre esa base hacer incidencia en los procesos de toma de decisiones en materia de política migratoria y formular recomendaciones de política pública. En el proceso de investigación para nuestroinforme sobre la inclusión laboral de las y los migrantes venezolanos, por ejemplo, organizamos un evento al cual invitamos a los diferentes sectores involucrados, incluidas varias agencias gubernamentales, para trabajar en las recomendaciones. Asimismo, al iniciarse unnuevo gobierno en agosto de 2022 elaboramos un documento con recomendaciones, en alianza con otras organizaciones.
También desarrollamos litigios estratégicos y campañas de comunicación, y trabajamos con otras organizaciones, a nivel tanto nacional como regional y de otras regiones del sur global, para abordar el fenómeno de las migraciones desde una mirada más amplia.
¿Qué apoyo de la comunidad internacional necesitan las organizaciones que defienden los derechos de las personas migrantes en Colombia?
Es importante que la comunidad internacional dé visibilidad y apoye los procesos que se están dando en relación con los derechos de las personas migrantes venezolanas. Pero también es muy importante que el apoyo de la comunidad internacional abarque otros flujos migratorios y dé cuenta de la problemática en la frontera colombo-panameña, paso obligado para personas migrantes de distintas nacionalidades que quieren llegar a los Estados Unidos.
También es importante que la comunidad internacional le recuerde al gobierno de Colombia los compromisos que ha adquirido a partir de la ratificación de tratados y la adopción de estándares internacionales en materia de migración y refugio.
El espacio cívico en Colombia es calificado como ‘represivo’ por elCIVICUS Monitor.
Contáctese con Dejusticia a través de susitio web o su página deFacebook y siga a@DeJusticia y a@JessCorredorV en Twitter.
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GREECE: ‘The criminalisation of solidarity has had a chilling effect’
CIVICUS speaks with Melina Spathari, Director of Strategy and Programmes at HumanRights360 (HR360), about theprosecution of civil society activists working with migrants and refugees in Greece.
HR360 is a Greek human rights civil society organisation (CSO) that seeks toprotect the rights of all people, empowering them to exercise their rights, with a focus on the most disadvantaged and vulnerable populations, including migrants and refugees.
What is the current situation for civil society activists and organisations helping migrants in Greece?
As the United Nations Special Rapporteur for human rights defenders stated following her official visit to Greece in June 2022, ‘defenders in the country working to ensure the rights of refugees, asylum seekers and migrants are currently under severe pressure… At the tip of the spear are prosecutions, where acts of solidarity are reinterpreted as criminal activity, specifically the crime of people smuggling… The negative impact of such cases is multiplied by smear campaigns perpetuating this false image of defenders’.
Since 2010, Greek ruling parties have demonised CSOs, criticising their use of public funding, to delegitimise their criticism of pushbacks of migrants and their condemnation of the conditions in reception and identification centres and refugee camps. In most cases, the allegations against CSOs later proved to be unfounded. This phenomenon is part of a worrying trend that negatively affects CSOs around the globe, which is why civil society has increasingly organised and developed strategies to resist and respond to the attacks they face from governments.
Why is the Greek government criminalising solidarity with migrants and refugees?
In the case of Greece, the speed and impetus of the ongoing crackdown has been fuelled by current trends in both international and domestic politics, involving hostile relations with Turkey and imminent elections in both countries. Deploying a witch-hunt against CSOs kills many birds with one stone: it helps the government gain votes from the far-right side of the political spectrum and helps it manage the damage caused to its reputation by wrong political decisions and neglectful practices. Last but not least, by vilifying CSOs that are active and vocal in the field of human rights, the authorities aspire to manipulate and silence civil society as a whole.
And to some extent, it has worked. Criminalisation has had a chilling effect. There have been some attempts among civil society to gather, discuss, assess the situation and work on a joint strategy, but these actions didn’t flourish. CSOs are now afraid to raise their voice, and we understand them: they have good reason to be intimidated. Still, some acts of solidarity have taken place, especially when those targeted were respected veteran human rights defenders.
Has HR360 been targeted?
In November 2022, the authorities stepped up an attack against our organisation: they demonised HR360 for receiving foreign funding aimed at regranting and disclosed the personal financial situation of HR360’s founders. The public prosecutor began a preliminary investigation, which hasn’t yet produced any outcomes. No information has been revealed, nor has any criminal process been ordered. HR360 finds itself in limbo, facing huge administrative and financial consequences and experiencing severe impacts on staff morale.
But HR360 is not the only victim of this vile smear campaign. In late 2022, the Prosecutor’s Office criminally charged Panagiotis Dimitras, director of the Greek Helsinki Monitor, and Tommy Olsen, founder and director of Aegean Boat Report, a Norwegian CSO that monitors and shares data about the movement of people in the Aegean Sea, for ‘forming a criminal organisation with the purpose of receiving details of citizens of third countries, who attempt to enter Greece illegally, in order to facilitate their illegal entry and stay’. Following the same pattern applied to HR360, Dimitras has been accused of repeatedly conducting activities aimed at gaining illegal income.
What support does Greek civil society need to resist and continue doing its work?
Greek civil society needs more international support, which is currently quite limited and restricted to its advocacy work – that is, it can be used to help migrants and refugees, but not for CSOs and activists to protect themselves and therefore retain the capacity to continue doing their work.
Right now, what Greek activists and CSOs need the most is legal support, including funding to cover legal fees. And in terms of changing the situation in the long term, what’s also needed is a well-organised European awareness campaign highlighting both the vital work civil society is doing and the attacks the government is subjecting it to. This would be very helpful, since bad publicity at the European level is one of the things Greek authorities fear the most.
Civic space in Greece is rated ‘obstructed’ by theCIVICUS Monitor. Its rating has recently beendowngraded.
Get in touch with HR360 through itswebsite or itsFacebook page, and follow@rights360 and@Melina_Spathari onTwitter.
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LITHUANIA: ‘Civil society must humanise the public narrative around irregular migration’
CIVICUS speaks about a new law enabling pushbacks of asylum seekers at the Belarus-Lithuania border withMėta Adutavičiūtė, head of Advocacy at the Human Rights Monitoring Institute (HRMI).
Established in 2003, HRMI is a Lithuanian human rights civil society organisation (CSO) thatadvocates for national laws and policies consistent with the state’s international human rights obligations and works to ensure the effective enjoyment of human rights.
What are the main points of the new legislation allowing for the pushback of asylum seekers?
The amended Law on State Border and its Protection, passed in April 2023, recognises and enables the practice that began in August 2021 of discouraging people from attempting to cross the border at non-designated places and returning them to Belarus once they have crossed the border into Lithuanian territory.
The amended law provides legal ground for pushbacks without the need to declare a state of emergency. Now pushbacks can be carried out on the government’s decision any time it considers there is an extraordinary situation caused by a ‘mass influx of aliens’. A novelty introduced by the law are the civilian volunteer units to support border guards. Both are allowed, under certain circumstances, to use coercive measures. The State Border Guard Service has recently announced a call for this volunteer service.
What are the issues around pushbacks?
According to both Lithuanian and international refugee law, unlawful entry should not be penalised when a person is eligible to request asylum in a country. However, pushbacks are being carried out with regard to people who might have genuine grounds for asylum, such as those coming from Afghanistan and Syria.
Under the amended law, the State Border Guard Service should perform an individualised assessment to determine whether a person is fleeing persecution and is in fact a refugee as defined in the 1951 Refugee Convention. However, the procedure for such an assessment hasn’t yet been established, and there are good reasons to doubt that border guards can carry out an assessment properly. In our opinion, the decision on whether a person has grounds to request protection should be made by the migration department, while state border officers should only find out whether a person intends to seek asylum and register asylum applications.
Our preliminary assessment is that although the provisions of the law shouldn’t apply to people fleeing military aggression, armed conflict or persecution or trying to enter Lithuania for humanitarian reasons, people continue to be pushed back without an individualised assessment of their circumstances and without any human rights safeguards being applied.
How has HRMI advocated against the new law?
HRMI submitted comments to the draft law and alternative proposals, urging lawmakers to refrain from legalising pushback practices and instead ensure access to asylum procedures for all people irrespective of their means of entry.
We also continue advocating for the rights of migrants and asylum seekers by raising public awareness on the current disturbing situation.
Our next steps are to closely monitor the implementation of the new legislation and prepare a comprehensive report based on interviews with asylum seekers. Meanwhile, our colleagues and volunteers from Sienos Grupė provide humanitarian aid to migrants and asylum seekers stuck at the border.
Additionally, HRMI has a strategic litigation programme that includes 17 cases. The purpose of this programme is to seek justice for asylum applicants and call for judicial review of the most pressing legal issues in the Lithuanian migration and asylum system.
What obstacles does Lithuanian civil society working on migration face?
Even though there are no legal restrictions on the work of CSOs helping migrants and refugees, one of our largest challenges is that the public generally approves of restrictive government policies and practices and only a minority support a human rights-based approach in managing increased irregular migration. The government’s strategy of deterrence, constantly picturing migrants and asylum seekers as a threat, has largely influenced the public. Opinion polls conducted in 2021 indicated growing negative attitudes towards migrants and refugees. This is why civil society’s advocacy efforts must focus not only on laws and policies, but also on humanising the public narrative around irregular migration.
Moreover, lack of information makes it difficult for CSOs to assess the full implications of this law for asylum seekers. Official statistics only include the people who were pushed back on specific days, and there are no statistics available of people who were let in and provided with the opportunity to lodge asylum applications. We also don’t have access to demographic data such as countries of origin, gender, age and other individual characteristics that could allow us to identify the specific vulnerabilities of people who were pushed back.
How has the international community reacted to the new policy?
Many international organisations and media outlets immediately contacted us seeking information and requesting our assessment of the situation. A strong statement came from the Human Rights Commissioner of the Council of Europe, Dunja Mijatović, who called on the Lithuanian parliament to reject the amendments and ensure that the legislative process is guided by human rights standards with a robust, human rights-compliant and protection-oriented legal framework. The law was also criticised by the United Nations High Commissioner for Refugees. In contrast, the reaction from the European Union has been lacking.
Overall, however, we are grateful for the crucial international support we have received in our advocacy efforts, as well as for legal advice provided by our allies. It is very important they remain engaged and continue monitoring the developments on the border.
Civic space in Lithuania is rated ‘open’ by theCIVICUS Monitor.
Get in touch with HRMI through itswebsite or itsFacebook page.
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PAKISTAN: ‘The authorities must guarantee the human rights of Afghan asylum seekers’
CIVICUS speaks about the move to expel Afghan refugees from Pakistan withHabib Malik Orakzai, president ofPakistan International Human Rights Organization (PIHRO).Founded in 1999, PIHRO is a human rights civil society organisation (CSO) working toempower people to defend their rights, investigate rights abuses, fight discrimination and promote social justice and peace. It provides life-saving health, education and legal assistance and protection for refugees in Pakistan.
What’s the current situation of Afghan refugees in Pakistan?
The number of Afghan refugees in Pakistan is uncertain. It’s been gradually increasing over time, reaching around four million, with 2.3 million officially registered. Many of them work as physical labourers on daily wages, although some enjoy financial success as prominent businesspeople. Public sentiment towards refugees is generally friendly and supportive.
The Pakistani government has established over 20 Afghan Citizen Card centres in 17 districts. However, Afghan refugees continue to face obstacles in legal registration, largely due to the fact that multiple stakeholders are involved in the procedure, including the United Nations Refugee Agency (UNHCR), provincial and federal authorities, and security agencies. Challenges include bureaucratic complexities, limited human and financial resources and an ever-growing number of refugees seeking protection. Political and security concerns further complicate the registration process. Afghan refugees could choose to go to other countries but often face stricter immigration laws elsewhere.
Why has the Pakistani government ordered the expulsion of Afghan refugees?
Initially, Pakistan hosted over three million Afghan refugees, but following the Taliban takeover in August 2021 there was a growing influx of new refugees who entered Pakistan both legally and illegally. Pakistan was already going through a financial crisis and the arrival of thousands of asylum seekers added to the economic challenges. Evidence obtained by security agencies over some Afghan refugees’ involvement in recent terrorist activities and street crimes led to the government’s decision to expel unregistered refugees.
This decision has begun to be implemented. The government has conducted search operations to identify undocumented refugees and send them to the recently built camps in main cities, from where they’re being deported to the nearest borders with Afghanistan. Forcibly returned people face numerous problems in Afghanistan, including food insecurity, lack of accommodation and health issues. Those expelled during the winter face particularly harsh condition when returning.
What is Pakistani civil society, including PIHRO, in response?
Civil society organisations, although playing a limited role, are involved in advocacy efforts to prevent forced returns. PIHRO has expressed concerns over the expulsion of Afghan refugees at various forums, engaged in discussions with policymakers and collaborated with international organisations to ensure refugee protection. We are closely observing the situation and engaging with sister organisations dedicated to helping Afghan refugees develop a joint strategy for refugee settlement.
PIHRO is a member of the Asia Pacific Refugees Rights Network, through which we advocate for non-refoulement, emphasising Pakistan’s responsibility to protect Afghan refugees on its territory and prevent their forced return to Afghanistan regardless of documentation status.
Rather than expelling undocumented refugees, the Pakistani government should develop strategies to provide people fleeing Afghanistan with reasonable and timely access to registration processes, allowing them to state their claim for international protection. The authorities must work toward regularising legal status and guaranteeing the human rights of Afghan asylum seekers.
What should the international community do to help address this crisis?
The international community should increase its support to Pakistan as the major host of Afghan refugees by providing adequate funding to guarantee that asylum seekers have access to education and healthcare and have their basic needs met. We also urge other governments to increase their refugee admissions from Pakistan through resettlement programmes and facilitate better access to legal routes to safety.
Despite repeated requests, we haven’t received sufficient international support, which is crucial to prevent further escalation of the crisis. Given the current winter conditions in Afghanistan, our immediate focus is on providing shelters and kits for winter. We call on the international community to address these pressing issues and urge the government of Pakistan to halt refugee expulsions at least temporarily and collaboratively devise a strategy in consultation with the authorities in Afghanistan and the UNHCR.
Civic space in Pakistan is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with PIHRO through itswebsite or itsFacebook page, and follow@PIHROrg onTwitter.
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PAKISTAN: ‘We appeal to the international community to share the responsibility of welcoming Afghan refugees’
CIVICUS speaks about the current move to expel undocumented migrants from Pakistan with Muhammad Mudassar, Chief Executive Officer of the Society for Human Rights and Prisoners’ Aid (SHARP-Pakistan).
Founded in 1999, SHARP is a human rights civil society organisationworking for the rights and wellbeing of vulnerable groups, including refugees and internally displaced persons, and working on issues related to trafficking in persons and smuggling of migrants, including through advocacy at national and international level, capacity development of stakeholders, community services and emergency response.
What’s the situation of Afghan refugees in Pakistan?
Pakistan has hosted one of the world’s largest refugee populations for nearly 44 years, as it started receiving Afghan refugees in the late 1970s. According to the United Nations Refugee Agency (UNHCR), there are 1.4 million registered Afghan refugees, around 840,000 of them registered between 2017 and 2018, plus around 775,000 undocumented Afghan migrants. Since the Taliban takeover of Afghanistan in August 2021, between 400,000 and 700,000 more have arrived in Pakistan to seek asylum and protection through embassies of countries such as Canada, Germany and the USA.
But the Pakistani government hasn’t announced any policy to provide legal protection to new arrivals. In January 2022, the government barred the issuing of UNHCR asylum certificates to newly arrived Afghans, leaving them in a legal limbo. Acting on behalf of the UNHCR, SHARP has been the frontline organisation offering reception facilities.
A few weeks ago, a refugee with three or four children ate a mouse poison pill while waiting for resettlement response. Fortunately, SHARP personnel were on site and she was promptly taken to the hospital and survived. This incident reflects the despair many Afghan refugees feel. They’ve spent all their savings coming to Pakistan and waiting while the cost of living only continues to increase. They often seek jobs but there is no legal provision for undocumented Afghans to work or do business. For that they have to use false Pakistani identities, and when they need to leave the country, they’re forced to sell all their assets for next to nothing. The absence of legal protections also leaves them vulnerable to forced labour, and young women are particularly vulnerable to sexual exploitation.
Why has the Pakistani government ordered the expulsion of Afghan refugees?
The situation in Pakistan remained peaceful for many years, largely due to the cultural and religious similarities between Pakistani and Afghan people. However, in 2014, an attack on school in Peshawar resulted in the death of over 150 students and teachers. More terrorist attacks followed across Pakistan. In response, the government made a national action plan to counter such attacks and adopted a zero-tolerance border management policy. This is because terrorists were believed to be entering Pakistan across the border with Afghanistan.
Moreover, Pakistan is grappling with a difficult economic situation, including a fuel price hike and high unemployment, with political turmoil further complicating the situation.
Social media also played a role by spreading content linking Afghan refugees to terrorism, negatively affecting public attitudes towards them. Repatriation of Afghans from Pakistan reached its peak in 2015, and relationships between host and refugee communities have increasingly deteriorated, with incidents of hostility continuously increasing over the years. Tensions escalated during cricket matches, leading to fights among Pakistani and Afghan supporters.
In response, SHARP initiated community outreach sessions aimed at engaging young Afghans and Pakistanis to identify commonalities and prioritise them over differences to prevent further violence and create an environment of peaceful coexistence.
How else is SHARP working to help Afghan refugees?
We have partnered with the UNHCR for over 24 years and we operate in 14 offices with over 300 staff members in strategic locations. SHARP is the first contact point for anyone who enters Pakistan to seek asylum. Our role is to conduct a brief initial reception interview and collect documentation to put together the claims, which are reviewed and processed by the UNHCR for further interviews and the provision of protection documentation. We also provide free legal aid and assistance to refugees and migrants, psycho-social counselling and shelter services for the most vulnerable. We make referrals for medical services, emergency cash assistance and community-based protection services.
Working alongside the UNHCR, last year SHARP submitted recommendations to the government, wrote letters to the Minister of Interior and met with the National Commission on Human Rights. I visited parliament three times to advocate for a policy for incoming Afghan refugees and the enactment of a national refugee law. Our recommendations stress the importance of a dignified and respectful approach aligned with humanitarian principles and long-term planning. We’ve urged the Pakistani government to engage with the international community, including the European Union (EU), to address this crisis and ensure that Afghans return home only voluntarily and in a dignified manner.
It’s crucial to note that while Pakistan is not a signatory to the Refugee Convention, for a long time it has welcomed refugees on humanitarian grounds, treating them as friends. It shouldn’t jeopardise years of efforts by expelling them as foes. The government should establish registration centres and give people several months to come forward and register their claims for protection. As it lacks the required technical capacity and resources, it should work closely with international and civil society partners.
Is Pakistan receiving the international supportit needs to tackle the situation?
The refugee crisis is a challenge for global south countries, which often lack robust legal protection and face economic difficulties. Lured by promises from third countries, asylum seekers often come to Pakistan and countries such as Bangladesh, Iran and Tajikistan and then await international assistance for resettlement. In Pakistan, hundreds approach our office daily asking for resettlement support, and we try to help, working alongside the UNHCR and the International Organization for Migration.
But the strain on Pakistani security, healthcare, education and other public services has become overwhelming. If the EU or an EU country urges us to host more Afghan refugees, they should first assess how many Afghan refugees they have welcomed in recent years and consider sharing the burden through resettlement programmes. The international burden-sharing mechanism isn’t working to provide breathing space for global south countries. There should be a flexible visa regime for Afghans who are stuck here in Pakistan and waiting to reunite with their families and friends in other countries.
The situation worsened with the Ukraine crisis, because international support shifted towards addressing those humanitarian needs and the Pakistani crisis stayed largely neglected. Additionally, last year’s flash floods displaced nearly 3.4 million Pakistanis, killed around a million animals and affected numerous refugee communities. Although both the international community and the Pakistani government focused on addressing the consequences of the flood, many internally displaced people have been unable to return to their homes and are still living in camps. The ongoing conflict between Israel and Palestine may further divert international attention and resources away from Pakistan.
We have already been warned that there would be huge funding cut by approximately 60 per cent in 2024, posing a significant challenge in maintaining work for humanitarian organisations with extensive operations across Pakistan. The uncertainty of survival over the coming year is a pressing concern for us. We appeal to the international community to share the responsibility of welcoming Afghan refugees and support Pakistani humanitarian organisations and the government to help asylum seekers rebuild their lives.
Civic space in Pakistan is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with SHARP-Pakistan through itswebsite or itsFacebook page, and follow@sharp_pak onTwitter.
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Risk of refoulement of asylum seeker in cooperation with Algerian authorities would mark a dangerous turning point for human rights for Tunisia
The undersigned organizations express their deep concern at the risk of refoulement of an Algerian asylum seeker - Zakaria Hannache - present in Tunisia since August 2022. Tunisian authorities must under no circumstances repeat the dangerous precedent set by the kidnapping and refoulement of Algerian refugee Slimane Bouhafs on 25 August, 2021, about which no investigation has been opened to date in Tunisia.
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SPAIN: ‘We demand legal and safe channels for migration; attempts to stop it will only cause more suffering’
CIVICUS speaks with Solidary Wheels about the deadly consequences of European governments’ anti-migrant policies, in light of the deaths of migrants at an attempted crossing of the Spain-Morocco border on 24 June.
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TURKEY: ‘Civilian refugees should not be used as political bargaining chips’
CIVICUS speaks with Bassam Alahmad, co-founder and executive director of Syrians for Truth and Justice (STJ), about the Turkish plan to return one million refugees to Syria.
STJ is a civil society organisation (CSO) dedicated to documenting human rights violations to contribute to the prospects for justice, as well as training human rights activists and building capacity in areas including digital security and civic engagement.
Why is the Turkish government making plans to return a million Syrian refugees to Syria?
We do not know the exact reason behind the plan to return a million Syrians to Turkish-administered regions of Syria. But there are several possible reasons we can think of. First, Turkey will hold general elections next year, and every time elections approach, the ruling Justice and Development Party will try to draw attention outside Turkey in any way possible – by attacking other nations, creating problems with neighbouring countries or groups of people – to hide domestic failures.
Second, the decision may be part of a wider strategy by the Turkish government concerning its engagement with northeast and northwest Syria, which aims to decrease the presence of Kurds and other populations who it doesn’t view as ‘Turkey’s allies’ – people that Turkey does not like having at its borders. To achieve this, Turkey will make claims that these populations are ‘terrorists’.
The decision announced to return a million Syrians from Turkey back to Syria therefore hits two birds with one stone. It would allow the Turkish government to show its domestic opposition that it is tackling the ‘problem’ while also using Syrians against Syrians in the northeast and northwest parts of Syria.
To sum up, there is no specific reason we know of, but we can assume that demographic engineering in northeast and northwest Syria and Turkey’s domestic politics are all at play.
How has this announcement impacted on Syrian refugees in Turkey?
This policy has really affected Syrian refugees in Turkey. Every single day there is at least one case of assault against a Syrian person – sometimes more. Incidents of racism and cases of deportation and violence at the border, and even of murder, have been verified. Hundreds of organisations and media outlets have verified racist attacks against Syrians.
Why are these attacks happening? Because the Turkish government is telling people that it has already spent too much on Syrians, and Turkish citizens are resenting it. The Turkish government is also telling people that it has freed areas in Syria from terrorists and they are now safe for return, so Turkish citizens are increasingly putting pressure on Syrian refugees to leave. Turkish public opinion turning against Syrians makes them vulnerable to racism and deportation.
The discourse that Turkish president Recep Tayyip Erdoğan is disseminating is affecting Syrian refugees very negatively. And the problem is that it is not true. The United Nations, the Independent International Commission of Inquiry on the Syrian Arab Republic, Amnesty International and many others have all said that Syria is not safe.
How do you assess Turkey’s immigration policy?
Many countries and organisations say that Turkey should be thanked for its treatment of Syrian refugees; however, Turkey’s 2016 agreement with the European Union was a really bad one, because as a result Syrian refugees were trapped or detained in Turkey so that the Turkish government could receive money for hosting them.
Syrian refugees and asylum seekers have been used as political game pieces ever since. Following this agreement, in which Europeans agreed to pay money to Turkey to keep Syrians from advancing through Greece and further into Europe, there have been multiple instances of disagreements between Europe and Turkey leading to threats against refugees.
This is not good. You can’t keep using civilian refugees as political bargaining chips, using them against Turkey, or against the Kurds in northeast and northwest Syria, or against the Americans in northeast Syria. But the 2016 agreement gave the Turkey government leverage to use refugees as a political card, and they have used it. And by the way, Turkey is not the only country using refugees this way, and Syrian refugees are not the only refugees who have been used. Afghan, Iraqi and other refugees have had similar experiences, but this is especially true for Syrian refugees.
Do you think the attitude of the Turkish government points to a broader European pattern?
Of course, the Turkish refugee policy has a lot in common with refugee policies around the world. I do not want to say that all European governments treat refugees the same way as the Turkish government, but occasionally there are similarities.
In particular, we all saw how European governments treated Ukrainian refugees – this was good. But they don’t treat Syrian refugees the same way. European countries gave Turkey money to keep Syrian refugees in Turkey, while they opened their doors to Ukrainian refugees.
We do not want to paint all the Turkish and European politicians and policies with the same brush, but there are patterns of racist refugee policies and racist attacks against refugees that are important to recognise.
How has Syrian civil society responded to the announcement by the Turkish government?
Unfortunately, the civil society response has not been unified. Many Syrian CSOs that do not have employees or offices in Turkey have published reports about this plan; however, Syrian CSOs in Turkey have not been able to speak out, for a number of reasons. In some cases, organisations are politically aligned with Turkey and welcome these policies. But many others want to speak out against these policies – the racism, the deportations, the military actions against Syrians within Syria – but they are unable to for security reasons.
In other words, some people don’t want to speak up because they are essentially in agreement with Turkish policies, while others would want to but cannot because it is dangerous, as they are in Turkey, where speaking out may result in deportation or arrest. There are also some Turkish organisations that address these issues, but many do not have the interests of Syrian refugees in mind.
It is key for Turkish organisations to speak out and insist that Syria is not safe for refugees to return. There has been limited discussion about Turkey’s rights violations against Syrians, and this should not be the case. Both domestic and international civil society should speak out against violations occurring in Turkey and committed by Turkey.
Civic space in Turkey is rated ‘repressed’ by the CIVICUS Monitor.
Get in touch with Syrians for Truth and Justice through itswebsite orFacebook page, and follow@STJ_SYRIA_ENG and@BassamAlahmed on Twitter. -
TURKEY: ‘Refugees are the perfect scapegoat in times of crisis’
CIVICUS speaks with Dilan Akbayır, a social worker who works with Syrian refugees, about Turkey’s plan to send refugees back to Syria and the rise of anti-refugee sentiment and racism against Syrians in Turkey.
Dilan collaborates with several Istanbul-based civil society organisations (CSOs), including the Women’s Health and Planning Foundation.
What prompted the Turkish government to announce a plan to send a million Syrian refugees back to Syria?
I think the change in the government’s position on immigration has a lot to do with the 2023 general elections and the context of severe economic crisis that Turkey is going through, with very high inflation and the Turkish lira falling to its lowest level in history. Both the ruling party and the opposition have already started their campaigns, which are also taking place in a context of increased restrictions on personal rights and freedoms, severe inhibition of the freedom of expression, and the use of unlawful evidence in judicial proceedings.
Turkey is the country with the world’s highest population of migrants and refugees. More than six million Syrians were forcibly displaced after the Syrian revolution broke out in 2011, and most of them flew to neighbouring Turkey. The official number of Syrian refugees in Turkey is over 3.7 million, but the total is estimated to be over five million.
It is not surprising that migration and the future of refugees have become the main agenda item in Turkish politics. Refugees are the perfect scapegoat in times of crisis. Politicians are using the issue to redirect people’s anger towards refugees instead of blaming the politicians who have not been able to address their concerns. Opinion polls are showing that the only thing that unites Turkish society is anger towards refugees – anti-refugee sentiment is the glue that keeps the new Turkey together. People are driven to believe refuges are responsible for everything that is wrong in the country and given the illusion that everything will be okay if refugees are taken out of the way.
In the context of an election campaign, any politician who most believably promises they will take care of this issue is likely to win. This is not exceptional to Turkey: we are seeing similar situations throughout Europe, as was recently the case with the French elections. Far-right politics are rising globally thanks to hostility towards refugees, immigrants and other minorities.
Are there any legal grounds for the new anti-refugee policy?
There are no legal grounds for the new anti-refugee policy. The international conventions to which Turkey is a state party, and Turkey’s domestic legislation, all stipulate the prohibition of refoulement. This means that refugees should not be sent back to countries where there is a danger of persecution, war, crisis, ill-treatment or torture. If this is not legal, then why have Turkish authorities and politicians announced a plan to return a million Syrians back to their country?
There is a lot of confusion about the legal situation of Syrian refugees in Turkey, which has been under discussion for years. When the mass flow of Syrians began there was a legal gap that was later filled by two new laws: the 2013 Law on Foreigners and International Protection and the 2014 Temporary Protection Regulation. As a result, Syrians’ presence in Turkey began to be referred to as ‘temporary’. People started saying that Syrians are just passing by, waiting to move on to a third, more developed country.
For the past decade, politicians have systematically emphasised the ‘temporary’ status of refugees living in Turkey – but in the meantime, refugees have made a life here, and they want to stay. Moreover, even if they remain under temporary protection, it still holds that certain conditions must be met before they can be sent back to Syria. The United Nations (UN) Refugee Agency has established that the return of asylum seekers must be dignified, safe and voluntary.
For refugees to be returned, the UN should declare the region a safe zone for return, which has not happened. The UN considers Syria to be unsafe due to the ongoing violence, human rights violations and desperate humanitarian situation: 14.6 million people need humanitarian assistance and more than 12 million are struggling to find enough food. Ninety per cent of the population is below the poverty line and the country is on the verge of famine.
As reported by Amnesty International, between 2017 and 2021 some Syrians were returned from Jordan and Lebanon, and returnees faced serious human rights violations, including arbitrary detention, kidnapping, torture, sexual assault and extrajudicial killings. Returnees may even be charged with treason or terrorism for having fled. Although armed conflict has decreased, the environment is still not safe.
Do you think this is part of a broader pattern?
It is not only in Turkey that migration and refugees have become highly charged political topics; this is happening in many European countries. More developed countries in particular were supposed to side with human rights and take much more responsibility in hosting refugees fleeing wars in Syria and other Middle East countries. But their policies have been mostly exclusionary and discriminatory.
We just saw the rise of far-right politics hostile toward refugees, immigrants and minorities in the 2022 French election. In Denmark, a country of 5.8 million, only 35,000 of 500,000 refugees are Syrian, but in 2021 the Danish government decided not to renew their residence permits claiming that parts of Syria are safe. It is also planning to start processing asylum petitions in Uganda, in a plan very similar to the British government’s plan to process theirs in Rwanda.
Following a UN resolution, the international community agreed to share responsibilities for the resettlement of refugees, but numbers tell a different story: the rate of resettlement in European countries is quite low compared to Turkey. This exposes the European Union’s externalisation policy, aimed at preventing irregular migration into Europe by ensuring that refugees stay in Turkey. This is not fair and causes more problems for developing countries such as Turkey, which experience more pronounced economic, social and political crises.
How has the announcement of the new policy impacted on Syrian refugees living in Turkey?
A majority of Syrians in Turkey don’t want to return to their country. Even as they are being increasingly scapegoated, over the years they have changed their view on a possible return. In 2017, 60 per cent of Syrian refugees surveyed in Turkey said they wanted to return to their country as soon as the war is over. Currently, 80 per cent say they do not want to go back because they have already established life in Turkey, and they think life will not go back to normal in Syria even if the war ends.
However, many do not feel so safe in Turkey anymore. The political rhetoric around sending back Syrian refugees goes hand in hand with growing anti-refugee sentiment fuelled by the increased visibility of Syrians in Turkish society. The majority live in big cities such as Ankara and Istanbul, and as the refugee population grows, they start to be seen as a problem or a threat.
In contrast, when Syrians started to arrive in Turkey in 2012, society welcomed them. At that time, a major factor leading to acceptance was emphasis on their ‘temporary’ status, supported by the authorities’ discourse referring to them as ‘guests’. Eleven years later, growing socio-economic problems that the government has not taken seriously began to reflect on Syrian refugees.
As exclusionary nationalist discourse spiked, Syrians were placed at the root of domestic problems. According to a recent report by the Center for Migration Studies at Ankara University, 85 per cent of surveyed people in Turkey want Syrians to be returned or isolated, as they view them as potentially causing more problems in the future.
Moreover, anti-refugee groups are using the media to disseminate xenophobic propaganda. They stir feelings of national and racial superiority and raise concerns regarding cultural integration, presenting attacks on refugees as a way to defend the homeland. They insist the presence of Syrians is having negative effects on public safety and the country’s demography and economic prospects. Syrian refugees are blamed for growing restrictions on women’s freedoms and increasing rates of murder and rape. These issues are easily used to manipulate the public.
How has Turkish civil society responded?
In the face of increasing anti-refugee rhetoric, some civil society groups and activists, including women’s rights organisations, artists and academics, have expressed solidarity through public statements and by holding events such as anti-racist panels.
However, given the wider anti-refugee political climate, many CSOs did not make any statements against anti-refugee discourse. Sadly, some institutions working with refugees stopped their activities in response to increasing hostility. Others decided to continue their work more quietly. Civic space in getting narrower for us.
Civic space in Turkey is rated ‘repressed’ by the CIVICUS Monitor.
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UNITED STATES: ‘Every country should do their part to welcome people in need’
CIVICUS speaks about new US immigration regulations withAaron Nodjomian-Escajeda, policy analyst on asylum and human trafficking at the U.S. Committee for Refugees and Immigrants (USCRI).
Founded in 1911, USCRI is a non-governmental, not-for-profit international organisation committed to working on behalf of refugees and immigrants and their transition to a dignified life.
What are Title 8 and Title 42 regulations?
Title 8 and Title 42 are sections of the US Code that includes all permanent federal laws. Simply put, Title 8 governs immigration law and Title 42 governs public health law.
Title 42 was never meant to be used as an immigration tool. It was applied in March 2020, at the onset of the COVID-19 pandemic, as a basis to provide public health services across the USA, but it also allowed border officials to rapidly expel asylum seekers and migrants to Mexico or their home countries without due process. As this was considered an ‘expulsion’ rather than a ‘deportation’, those subject to it were not given the right to seek asylum. Furthermore, no records were kept of an expulsion, which provided an incentive for people to attempt to enter the USA, via dangerous land routes, over and over.
Even though thousands of public health experts denounced the use of Title 42 as ineffective for stopping the spread of COVID-19, the Biden administration increased the use of this authority to turn people away more than 2.3 million times. The Title 42 public health order was finally lifted on 11 May 2023.
Title 8 contains the current laws and regulations pertaining to immigration and naturalisation, and outlines the processing of non-citizens at the border.
What is the new so-called ‘asylum ban’, and how is it being applied?
Now that the use of Title 42 has ended, the processing of migrants and asylum seekers has returned to Title 8 authority. Additionally, a new rule from the Department of Homeland Security (DHS) and Department of Justice is in effect. This rule, also referred to as an ‘asylum ban’, went into effect right after the Title 42 public health order was lifted, supposedly to address the expected surge in migration and further discourage irregular migration.
The end of the use of Title 42 to expel migrants and asylum seekers is a good thing, but the new asylum ban is not.
The asylum ban applies to anyone who presents at a port of entry at the US-Mexico border without a visa or pre-scheduled appointment, who enters without inspection between ports of entry, or who is apprehended in contiguous waters. The rule presumes all of them are ineligible for asylum unless they were granted prior permission to travel to the USA pursuant to a DHS-approved parole process, or were able to make an appointment to present themselves at the border using the smartphone app CBP (Customs and Border Protection) One, or have previously sought asylum and were denied in a country or countries through which they travelled. Unaccompanied children are exempt from this rule.
The presumption of asylum ineligibility will apply in expedited removal proceedings, as well as to asylum applications affirmatively filed with the Asylum Office or filed in immigration court proceedings as a defence against removal.
What are the lawful pathways of entry to the USA?
‘Lawful pathways’ include entering the USA through regular channels, such as tourist visas, humanitarian parole, or existing family reunification pipelines.
The Biden administration also points to recently created pathways, including the parole process for Cubans, Haitians, Nicaraguansand Venezuelans, new family reunification parole processes for Colombia, El Salvador, Guatemala and Honduras, the opening of regional processing centres in Colombia and Guatemala, expanded access to the CBP One app, and an increase of the number of appointments available at each port of entry for individuals from all countries from 750 to 1,000 daily.
People who enter the USA via an established pathway will not be subject to the asylum ban.
What are the reasons migrants and asylum seekers don’t to use lawful pathways of entry?
This parole framework for Cubans, Haitians, Nicaraguans and Venezuelans is only available for those who have a US-based sponsor, unexpired passports and the financial resources to travel to a US port of entry by commercial air travel. Many advocates see this as a type of means test, since many people fleeing harm do not have the luxury of a passport or resources to reach the USA via plane.
There are additional access and equity issues with the CBP One app. Many migrants do not have smartphones. And even if they have one, they may lack adequate wi-fi or a data plan. Asylum seekers can be exempted from the rule if they prove it was impossible for them to access or use the CBP One app due to a language barrier, illiteracy, significant technical failure or other persistent and serious obstacle. However, in most cases proving a language barrier or illiteracy is not enough, and asylum seekers must show that they have asked someone for assistance to use the app and were still not successful, which puts them at risk of exploitation.
What are the exceptional circumstances in which unlawful entry isn’t supposed to be penalised, and how is it implemented in practice?
People can rebut the presumption of asylum ineligibility if they demonstrate that, at the time of entry, they or a member of their family with whom they were traveling faced an acute medical emergency or an extreme and imminent threat to their life or safety, or were a victim of a severe form of trafficking.
If one family unit member establishes an exception or rebuts the presumption, the presumption will not apply to the entire family unit. All family members, including children, will be interviewed prior to determining whether the presumption of ineligibility applies.
In theory, people should not be turned back at the border. Even under the asylum ban, people should be able to present themselves at the border without a CBP One appointment or having been denied asylum in their country of origin. However, if they are unable to prove they can overcome the rebuttable presumption, they will only be eligible for the lesser protections of statutory withholding of removal and protection under the regulations implementing US obligations under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In practice, there have been reports that the Mexican Commission for Refugee Assistance and CBP officials have turned individuals away at the border even when they have cited fear of return.
Is the new regulation compliant with international standards on refugee protection?
Advocates believe that the asylum ban violates the principle of non-refoulment, which means that a person should not be returned to a country where they face serious threats to their life or freedom, cemented in international standards outlined by the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol.
The rule is already facing challenges in court. The American Civil Liberties Union, the Center for Gender and Refugee Studies and the National Immigrant Justice Center have amended their complaint in the East Bay Covenant Sanctuary v. Biden lawsuit to include claims that the rule is unlawful. USCRI, along with the United Nations High Commissioner for Refugees and many other advocates, has denounced this rule and continues to call on the administration to rescind it immediately. It does nothing to protect the most vulnerable and creates additional inequities in an already difficult system.
What impact has the regulation change had so far?
USCRI was at the border the day after Title 42 ended to observe the immediate impact of the change. The administration and many others warned about a ‘surge’ of migrants rushing to border as soon as Title 42 ended. However, this was not the case; the situation at the border remained calm. There were reports that people were trying to enter the USA before the cruel new asylum policy took effect. In fact, border crossings have decreased more than 70 per cent since the implementation of the asylum ban on 11 May. The administration touts this as a result of its ‘comprehensive plan to manage the border’. However, to me, it shows that many people trying to reach safety are not able to access life-saving protection via the asylum system.
What obstacles does US civil society helping migrants and refugees face?
The greatest limiting factors are that people seeking asylum in the USA or in removal proceedings do not have access to federal benefits, including housing. Right now, there is a housing crisis and some civil society organisations have limited resources from emergency food and shelter funds, while many volunteers are offering shelter in churches or in their own homes.
Another major barrier is the difficulty in providing legal counsel to immigrants in asylum hearings in CBP custody. In alignment with the asylum ban, the administration increased the use of expedited asylum screenings and brought back the harmful practice of conducting ‘credible fear interviews’ in CBP facilities. The goal is to conduct these within as little as 24 hours, which does not give people time to prepare their asylum case or access legal help. USCRI led a letter that was signed by over 90 organisations and sent to the administration outlining concerns about this practice. A more recent letter, which USCRI supported, went to the administration outlining how those concerns have in fact materialised. We continue to advocate through letters and engagement sessions. However, the administration has decided to fully embrace enforcement and pushback policies.
What international support does US civil society working with migrants and refugees need?
Everyone in this field needs funding, but the USA is one of the most financially able countries in the world, hence support should not come from the international community. The administration should do a better job of funding civil society initiatives and allowing the American people to continue welcoming individuals in need, as they are ready and willing to do so.
As international factors such as armed conflict and climate disasters continue to push people from their homes, it is important that every country does their part to welcome them. One country cannot do it all but if everyone comes together, we can empower hope. World Refugee Day is a good rallying point for doing so.
Civic space in the USA is rated ‘narrowed’ by theCIVICUS Monitor.
Get in touch with USCRI through itswebsite orFacebook page and follow@USCRIdc on Twitter.