Print
See related documents
Resolution 1918 (2013) Final version
Migration and asylum: mounting tensions in the eastern Mediterranean
1. The Parliamentary Assembly believes
that firm and urgent measures are needed to tackle the mounting pressure
and tension over asylum and irregular migration into Greece, Turkey
and other Mediterranean countries.
2. This is not the first time that the Assembly raises the alarm
with regard to what is an unworkable and unfair situation in Europe.
While the number of irregular migrants, asylum seekers and refugees
arriving in Europe’s Mediterranean countries should not pose an
insurmountable problem, it has now become one. The problem requires
a major overhaul of strategies and responsibilities for what should
be recognised as a European problem and not one confined to a single
or a few European States.
3. The Assembly is particularly concerned about the situation
in Greece, which has become the main entry point for flows of irregular
migration into the European Union. Greece is suffering most from
the current economic crisis, and it still lacks an efficient and
functioning asylum and migration-management system capable of dealing
with the large number of arrivals. Human rights of migrants, asylum
seekers and refugees are being violated, due to the system of automatic
detention in sub-standard conditions, and lack of access to asylum
and basic services. This situation affects the human dignity of
these people, but also increases the risk of refoulement.
4. While important measures to improve its asylum mechanisms
and detention conditions have been announced, as highlighted in
the Greek Action Plan on Asylum and Migration Management, they must
be implemented. Furthermore, they are far from sufficient to deal
properly with the significant number of asylum claims and do not
tackle the over-reliance on detention. The Assembly welcomes in
this context indications from the Greek authorities to the Assembly
President that sub-standard detention centres will be closed in
the course of 2013 and that women and children will no longer be
detained, as soon as open reception facilities are established.
The Assembly urges the Greek authorities to ensure that these measures
are applied as swiftly as possible. The Assembly intends to monitor
the follow-up given to these promises by the Greek authorities.
5. Turkey is similarly under great pressure. Not only does it
have to deal with over 150 000 refugees from the Syria crisis –
a number which is increasing – it has also become the main country
of transit for mixed flows of irregular migrants, asylum seekers
and refugees seeking to enter the European Union. As a country of transit,
the main flow from Turkey is in the direction of Greece. The two
countries are thus bound together by a problem which neither has
the power to solve without greater solidarity and assistance from
the European Union and other member States of the Council of Europe.
Furthermore, the two countries need to strengthen their bilateral
co-operation to deal with the situation they face.
6. In order to cope with these mixed migration flows, Greece
has, with assistance from the European Union, enhanced border controls.
It has also adopted a policy of systematic detention of irregular
migrants and asylum seekers.
7. While these policies have helped reduce considerably the flow
of arrivals across the Evros border with Turkey, they have transferred
the problem to the Greek islands and have not helped significantly
in dealing with the situation of irregular migrants, asylum seekers
and refugees already in Greece. The building of a greater number
of detention centres has not helped significantly either.
8. One of the consequences of Greece’s inability to deal with
these flows and the attendant migration-management challenges that
they bring, is the rise of xenophobia and racism in Greece. Migrants,
asylum seekers and refugees have become scapegoats and the target
of violent attacks – the numbers of which are increasing at an alarming
rate – by individuals and vigilante groups. The situation has been
exploited and made worse by the increasing political influence of
The People’s Association/Golden Dawn, a right wing extremist party
with a clear xenophobic agenda.
9. While the European Union has shown great determination when
it comes to saving its banking systems, it needs to demonstrate,
along with the non-European Union member States of the Council of
Europe, similar levels of solidarity in the field of migration and
asylum, where economic, social and humanitarian considerations collide.
In this context, it is necessary to recognise that persons caught
up in these mixed migratory flows do not intend to stay in Turkey
or Greece when they arrive; they are primarily looking to reach European
Union member States other than Greece. Without sufficient support
for this humanitarian crisis, there is a great risk of political
destabilisation in the country.
10. The Assembly recognises the efforts made by Greece, Turkey
and other countries in the region. It considers, however, that an
honest and open evaluation would come to the conclusion that Greece
currently does not have the capacity, the expertise, the resources
or the political and social stability to deal with problems of
this scale. Other countries in the region, such as Malta, face some
of the same problems. Turkey is harbouring over 150 000 Syrian refugees,
and could face even greater challenges in the year ahead.
11. The process of European unity and the Common European Asylum
System is based on solidarity and mutual support. Without these
the process is void of meaning and cannot succeed. Current European
Union policies and what is expected of Greece, Turkey and other
countries in the region are unrealistic. A major re-evaluation is
therefore required, taking into account that the problem is a European
Union problem requiring a European Union response with support from
its member States.
12. In this context, the Assembly calls on member States of the
Council of Europe to substantially increase their assistance to
Greece, Turkey and other front-line countries to ensure that they
have a realistic possibility of achieving what is expected of them.
Member States are more particularly invited to:
12.1. support assistance by the European
Union to these countries;
12.2. provide bilateral assistance, including by exploring new
approaches to resettlement and intra-Europe relocation of refugees
and asylum seekers, favouring for example children and families,
in particular where family reunification is possible;
12.3. share responsibility for Syrian refugees and asylum seekers
via relocation within the European Union and refrain from sending
these persons back to Syria or third countries;
12.4. maintain a moratorium on returns to Greece of asylum seekers
under Council Regulation (EC) No. 343/2003 establishing the criteria
and mechanisms for determining the Member State responsible for
examining an asylum application lodged in one of the Member States
by a third-country national (the “Dublin” Regulation);
12.5. support civil society projects in favour of Greece, such
as the “safe houses” project, which support Greek civil society,
and alleviate the consequences of poverty faced by Greeks, as well
as by migrants, asylum seekers and refugees.
13. Taking into account the responsibility of the European Union,
the Assembly calls on it to make a quantum leap in responsibility
sharing for countries in the region. In this respect, the European
Union is invited to:
13.1. step up
further and simplify the terms of its co-operation and funding of
initiatives, whether with governments, civil society or international
organisations such as the United Nations High Commissioner for Refugees
(UNHCR) or the International Organization for Migration (IOM);
13.2. develop further its approach to resettlement, especially
for Syrian refugees from countries neighbouring Syria, in particular
where children and families are concerned;
13.3. use funding innovatively to build up local solidarity
that benefits the population as a whole, as well as providing a
humanitarian response to the needs of asylum seekers, refugees and
irregular migrants. This could be done, for example, by funding
initiatives run by the local population but geared towards the most
deprived;
13.4. consider further measures in favour of those fleeing Syria.
In this regard the European Union should provide greater support
for Turkey and the UNHCR in their funding and resettlement appeals
and pay particular attention to the educational needs of the young
generation, including at a higher level where the possibility of
providing scholarships should be explored;
13.5. revise and implement the “Dublin” Regulation in a way
that provides a fairer response to the challenges that the European
Union is facing in terms of mixed migration flows.
14. The Assembly recognises the pressure that Greece is under,
but considers that it is failing badly to respect the human rights
and dignity of migrants, asylum seekers and refugees. It therefore
calls on Greece to ensure that the goals it has set are realistic
and can be achieved and to make it clear to its European partners what
Greece can and cannot do. In setting these goals, the Assembly calls
on Greece to:
14.1. review its policies
in relation to detention of irregular migrants and asylum seekers,
in particular by:
14.1.1. refraining
from automatic recourse to detention and exploring alternatives
to detention, including through the greater use of open reception
facilities in line with the Council Directive 2003/9/EC laying down
minimum standards for the reception of asylum seekers (European
Union Reception Directive);
14.1.2. significantly reducing periods of detention and distinguishing
between asylum seekers and irregular migrants;
14.1.3. ensuring that unaccompanied children are never detained
and that other children, women and other vulnerable groups are detained
only in exceptional circumstances;
14.1.4. ensuring that unsuitable detention facilities are closed
and conditions of detention are significantly improved as soon as
possible;
14.1.5. considerably improve their access to medical care, communication
and translation facilities and proper information on their rights;
14.2. ensure access to a fair and effective asylum procedure
by:
14.2.1. implementing swiftly the
reforms underway, allocating the necessary financial and human resources
and training those involved;
14.2.2. ensuring that asylum seekers have the unhindered possibility
of lodging their claims for asylum, both in and out of detention;
14.2.3. offering procedural safeguards in line with the Council
Directive 2005/85/EC on minimum standards on procedures in Member
States for granting and withdrawing refugee status (Asylum Procedures
Directive);
14.2.4. taking steps to deal with the backlog of cases, calling
for additional assistance from Europe so that realistic solutions
can be found to deal with this backlog in a timely, efficient and careful
manner;
14.3. combat the rise in racism and xenophobia in society and
in political discourse, ensuring that:
14.3.1. all alleged racist and xenophobic acts and violence, whether
by individuals, vigilante groups or by law-enforcement officers,
are investigated and prosecuted, as appropriate;
14.3.2. politicians, journalists and other opinion leaders take
responsibility and speak out against manifestations of racism and
xenophobia;
14.4. review its co-operation with the European Union and the
assistance it receives to ensure that it can:
14.4.1. implement the projects for which it receives funding and
fully use the funds available, including through administrative
reforms;
14.4.2. provide a more balanced humanitarian and migration-management
response to the challenges it faces.
15. The Assembly also recognises the pressure that Turkey is facing
as a country of transit and of destination of irregular migrants,
asylum seekers and refugees. Taking this into account it calls on
Turkey to:
15.1. keep its borders
open to Syrian refugees and continue its generous policy, for which
it should be praised, in providing protection, assistance, food,
shelter and education to this group of persons;
15.2. take steps to improve the conditions of detention of irregular
migrants and asylum seekers;
15.3. complete its work on reform of the asylum system, which
includes the approval of a draft law on foreigners and international
protection currently before the Grand National Assembly of Turkey;
15.4. remove the geographic reservation restricting its obligations
under the 1951 United Nations Convention relating to the Status
of Refugees only to people uprooted by events in Europe;
15.5. honour its agreement with Greece for the return of migrants
who have entered Greece without authority from Turkey, while respecting
the principle of non-refoulement.