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Reform in Turkish Asylum Law Adopting the Eu Acquis?

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Reform in Turkish Asylum Law Adopting the Eu Acquis? REFORM IN TURKISH ASYLUM LAW: ADOPTING THE EU ACQUIS? Ibrahim Kaya CARIM Research Reports 2009/16 Cooperation project on the social integration of immigrants, migration, and the movement of persons Co-fi nanced by the European University Institute and the European Union (AENEAS Programme) EUROPEAN UNIVERSITY INSTITUTE, FLORENCE ROBERT SCHUMAN CENTRE FOR ADVANCED STUDIES Reform in Turkish asylum law: adopting the EU acquis? Ibrahim Kaya Canakkale Onsekiz Mart University, Turkey CARIM EURO-MEDITERRANEAN CONSORTIUM FOR APPLIED RESEARCH ON INTERNATIONAL MIGRATION RESEARCH REPORT, CARIM-RR 2009/16 BADIA FIESOLANA, SAN DOMENICO DI FIESOLE (FI) © 2009, European University Institute Robert Schuman Centre for Advanced Studies This text may be downloaded only for personal research purposes. Any additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the Robert Schuman Centre for Advanced Studies. Requests should be addressed to [email protected] If cited or quoted, reference should be made as follows: [Full name of the author(s)], [title], CARIM Research Reports [series number], Robert Schuman Centre for Advanced Studies, San Domenico di Fiesole (FI):European University Institute, [year of publication]. THE VIEWS EXPRESSED IN THIS PUBLICATION CANNOT IN ANY CIRCUMSTANCES BE REGARDED AS THE OFFICIAL POSITION OF THE EUROPEAN UNION European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) Italy http://www.eui.eu/RSCAS/Publications/ http://www.carim.org/Publications/ http://cadmus.eui.eu CARIM The Euro-Mediterranean Consortium for Applied Research on International Migration (CARIM) was created in February 2004 and has been financed by the European Commission. Until January 2007, it referred to part C - “cooperation related to the social integration of immigrants issue, migration and free circulation of persons” of the MEDA programme, i.e. the main financial instrument of the European Union to establish the Euro-Mediterranean Partnership. Since February 2007, CARIM has been funded as part of the AENEAS programme for technical and financial assistance to third countries in the areas of migration and asylum. The latter programme establishes a link between the external objectives of the European Union’s migration policy and its development policy. AENEAS aims at providing third countries with the assistance necessary to achieve, at different levels, a better management of migrant flows. Within this framework, CARIM aims, in an academic perspective, to observe, analyse, and predict migration in the North African and the Eastern Mediterranean Region (hereafter Region). CARIM is composed of a coordinating unit established at the Robert Schuman Centre for Advanced Studies (RSCAS) of the European University Institute (EUI, Florence), and a network of scientific correspondents based in the 12 countries observed by CARIM: Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine, Syria, Tunisia, Turkey and, since February 2007, also Libya and Mauritania. All are studied as origin, transit and immigration countries. External experts from the European Union and countries of the Region also contribute to CARIM activities. The CARIM carries out the following activities: - Mediterranean migration database; - Research and publications; - Meetings of academics; - Meetings between experts and policy makers; - Early warning system. The activities of CARIM cover three aspects of international migration in the Region: economic and demographic, legal, and socio-political. Results of the above activities are made available for public consultation through the website of the project: www.carim.org For more information: Euro-Mediterranean Consortium for Applied Research on International Migration Robert Schuman Centre for Advanced Studies (EUI) Convento Via delle Fontanelle 19 50014 S. Domenico di Fiesole Italy Tel: +39 055 46 85 878 Fax: + 39 055 46 85 762 Email: [email protected] Robert Schuman Centre for Advanced Studies http://www.eui.eu/RSCAS/ Abstract Turkey has been a country of asylum since Ottoman times. Due to recent economic and political turmoil in its near abroad and beyond, the country now receives thousands of asylum applications each year. And, as witnessed in the last years, there is the potential for a massive influx of refugees to Turkey. Turkey has long lacked a functioning asylum system and corresponding legislation. Although the 1951 Refugee Convention and its Protocol were ratified, with a limitation related to their geographical application, the country adopted a Regulation only in 1994 after facing a massive refugee influx from Iraq. Further there is still no asylum law in force. As an EU member candidate, Turkey is expected to adapt its asylum system to those of the EU, undertaking, at the same time, to take up the acquis in this field. This paper examines what has been done by Turkey and what else is needed. Résumé La Turquie est une terre d’asile depuis l’époque ottomane. En raison des troubles économiques et politiques qui ont récemment traversé son voisinage proche et moins proche, des milliers de demandes d’asile y sont déposées chaque année et un scénario de flux massifs ne doit pas être exclu. Un système d’accueil et de traitement des demandes d’asile et une législation adéquate ont longtemps fait défaut. Bien qu’elle ait ratifié la Convention de Genève de 1951 relative au statut des réfugiés et son Protocole, avec une réserve quant à l’application géographique de ces deux instruments, ce n’est qu’en 1994, suite à l’arrivée massive de réfugiés en provenance d’Irak (1991), que les autorités turques ont adopté une réglementation dans le domaine. Cependant, aucune loi en matière d’asile n’a encore été adoptée par le gouvernement truc. Or, en sa qualité de candidate à l’accession à l’Union européenne, la Turquie est sensée adapter son système aux exigences de l’acquis communautaire. Cette contribution propose d’aborder le système turc de l’asile sous cet angle : à cette fin qu’a-t-il été fait et que reste-il encore à faire ? . List of Acronyms EU European Union ECHR European Court of Human Rights MOI Ministry of the Interior NAP National Action Plan for Asylum and Immigration NP National Program on the Adoption of EU Acquis Communautaire RSD Refugee Status Determination UNHCR United Nations High Commission for Refugees Table of Contents Introduction ............................................................................................................................................. 1 Background information on migration and asylum in Turkey ............................................................ 2 Legal framework in Turkey ................................................................................................................ 3 General Picture: .............................................................................................................................. 3 Geographical Limitation ................................................................................................................. 5 Asylum procedure ........................................................................................................................... 6 UNHCR in Turkey .......................................................................................................................... 8 Adopting the EU acquis and asylum reform ....................................................................................... 9 National Action Plan ...................................................................................................................... 9 Accelerated procedures ................................................................................................................. 11 Need for a holistic approach to Asylum and Migration ................................................................ 12 Institutional reforms ..................................................................................................................... 12 Lifting the geographical limitation and burden sharing ........................................................................ 14 Rights and implementation ............................................................................................................... 17 Health care .................................................................................................................................... 17 Legal access to work ..................................................................................................................... 18 Education ...................................................................................................................................... 18 The integration issue ..................................................................................................................... 18 The EU acquis and projects on asylum ............................................................................................. 21 Conclusion ............................................................................................................................................. 23 Bibliography .......................................................................................................................................... 38 Introduction1 Turkey has a long history of immigration and asylum that dates back to Ottoman times: for example, Jewish migration to the Ottoman Empire from Europe2 However, it is the immigration of Muslims, from different
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