Amnesty
International
The
persistent preoccupation with shipping people back to Turkey instead
of making unconditional efforts on resettlement and offering other
safe and legal ways to Europe shows an alarmingly short-sighted and
inhumane attitude to handling this crisis, said Amnesty International
after European Council talks with Turkey today.
Prime
Minister of Turkey Ahmet Davutoğlu, President of the European
Council Donald Tusk and President of the European Commission Jean
Claude Juncker shared the outline of the plan for a final agreement
between the EU and Turkey, in advance of the European Council meeting
on 17 and 18 March.
The proposal
that for every Syrian refugee returned to Turkey from Greece, a
Syrian will be settled within the EU is wrought with moral and legal
flaws. Unsettlingly, this plan would make every resettlement place
offered to a Syrian in the EU contingent upon another Syrian risking
their life by embarking on the deadly sea route to Greece.
“EU and
Turkish leaders have today sunk to a new low, effectively horse
trading away the rights and dignity of some of the world’s most
vulnerable people. The idea of bartering refugees for refugees is not
only dangerously dehumanising, but also offers no sustainable long
term solution to the ongoing humanitarian crisis,” said Iverna
McGowan, Head of Amnesty International’s European Institutions
Office.
When
questioned on the legality of this proposal under international law,
EU leaders responded that this would be possible under EU law once
Turkey be designated as a ‘safe country’.
Amnesty
International strongly contests the concept of a ‘safe third
country’ in general, as this undermines the individual right to
have asylum claims fully and fairly processed and may result in
individuals being subsequently deported to their country of origin -
in violation of the principle of non-refoulement. In the case of
Turkey in particular, there is huge cause for concern given the
current situation and treatment of migrants and refugees.
“Turkey
has forcibly returned refugees to Syria and many refugees in the
country live in desperate conditions without adequate housing.
Hundreds of thousands of refugee children cannot access formal
education. By no stretch of imagination can Turkey be considered a
‘safe third country’ that the EU can cosily outsource its
obligations to,” she added.
Although it
was claimed that those needing international protection that are not
Syrian would not be returned to Turkey, it has not been made clear
how those individual rights could be guaranteed in the context of a
system of mass returns. The reality is that not all asylum seekers
are coming from Syria, and Turkey does not have a fully functioning
asylum system.
The proposal
makes a mockery of the EU’s obligation to provide access to asylum
at its borders. Any returns system not built on the principle of an
individual’s right to access a fair and robust asylum process is
deeply problematic.
“Iraqi and
Afghan nationals, along with Syrians, make up around 90 percent of
arrivals to Greece. Sending them back to Turkey knowing their strong
claim to international protection will most likely never be heard
reveals EU claims to respect refugees’ human rights as hollow
words,” said Iverna McGowan.
It was also
stated by President Tusk that the Western Balkans route would be
closed. Closure of this route would lead to thousands of vulnerable
people being left in the cold with no clear plan on how their urgent
humanitarian needs and rights to international protection would be
dealt with.
It is urgent
that the European Union and the international community as a whole
urgently step up their commitment to solving this crisis, both in
terms of humanitarian and other financial assistance and by
resettling far greater numbers of refugees.
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