Brussels, 24/03/2016 (Agence Europe) - The agreement between the EU and Turkey reached on 18 March on the virtually systematic return of migrants, including asylum seekers, from Greece to Turkey has made a difficult start when the intention had always been to get it going as quickly as possible, though “without setting a specific date”, a source said on Thursday 21 March (see EUROPE 11515).
With serious criticism being expressed over recent days as to the legality of the agreement (see EUROPE 11516), problems have been mounting from NGOs and even the United Nations High Commission for Refugees (UNHCR), which have indicated that they want to distance themselves from the agreement, ending some of their work in the “hotspots” in Greece, which they feel are becoming closed detention centres for migrants and asylum seekers, as the UNHCR, for instance, said on 22 March. According to Greek media, however, the situation is normalising.
In terms of the legality of the agreement, the Greek authorities have given assurances that the legislative changes required, such as, appeal procedures available to asylum seekers wishing to challenge their being returned to Turkey, are about to be finalised. With regard to Turkey's being a “safe country”, the Greek authorities do not plan to act unilaterally but will examine each case individually and then decide if Turkey may be deemed a safe country for the person concerned.
Theoretically, under European directives, Turkey may be considered a safe third country if it is possible to seek refugee status there and, if this is granted, to receive protection in accordance with the Geneva Convention. Third countries may only be considered safe if they have ratified the Geneva Convention with no geographical limitations and if they observe the provisions of the Convention, or if the applicant is able to challenge the application of the European safe country concept on the grounds that the third country concerned is not safe in his/her specific case.
Turkey will not amend its laws, Turkish authorities say. On this latter point, the European Commission and the member states have asked Greece to make legislative adjustments and Turkey to provide protection equivalent to what is provided under the Geneva Convention and to make the legislative changes that will allow Syrian asylum seekers who had been granted temporary protection status in Turkey to recover this status in the event of their being returned to the country.
The Commission is not happy with the way that Turkey is applying the migration agreement with the EU. “They aren't implementing” the agreement, said a high-ranking official on the sidelines of the extraordinary meeting of EU home affairs ministers focusing on how to tackle terrorism. (see other article). Migration Commissioner Dimitris Avramopoulos is expected to travel to Turkey, perhaps on Monday 4 April.
In an interview which appeared on 23 March and was given on 21 March to EuObserver, Turkish Ambassador to the EU Selim Yenel said Turkey is not prepared to make any changes whatsoever to its legislation. The ambassador said that Turkey could not understand why the EU wants to raise protection standards only for people who are returned to Turkey by contrast with those already there.
Syrians sent back to Turkey will retain their temporary protection and Afghans and Iraqis will retain the same rights they had before the agreement, “no more, no less”, the ambassador said.
A further problem being encountered by the agreement is insufficient resources made available by the other member states: Greece highlights “serious shortages”, for example, of interpreters and police officers. Things are better for those processing asylum requests. The Commission estimated that a total of 4,000 people would be needed to implement the agreement, with 2,500 of these coming from the member states, and resources from Frontex and EASO. Athens feels that close to 4,500 people will be needed.
For Frontex, the member states have thus far provided 396 police officers out of the 1,500 requested, the agency said in a press release. It has, however, received offers of 47 readmission experts after requesting 50. For EASO, 16 member states have hitherto provided 46 asylum experts, 2 interpreters and 33 legal experts, the Commission has said.
These difficulties notwithstanding, the situation in the Greek islands has improved over the past few days. Athens said on 24 March that no migrants had arrived in the course of the previous 24 hours, a first since the EU-Turkey agreement officially came into force on 20 March. (Original version in French by Solenn Paulic with Mathieu Bion)